General Appropriations Bill H. 4775 for the fiscal year beginning July 1, 2000
SECTION 1
The Code Commission is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
DELETED
TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY OVER TWO YEARS THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA AND AUTHORIZE ADDITIONAL MANDATORY ADJUSTMENTS IN HALF PERCENT INCREMENTS NOT TO EXCEED THREE PERCENT, ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO CREDITABLE SERVICE AND SERVICE PURCHASE UNDER THE STATE CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW FOR A LIMITED PERIOD SERVICE AS A COMMISSIONED OFFICER IN THE UNITED STATES PUBLIC HEALTH SERVICE TO BE ESTABLISHED AS MILITARY SERVICE TIME IS SO ESTABLISHED, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.
A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:
Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program."
2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board system setting forth at what time, not more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have has thirty twenty-eight or more years of creditable service and shall have has separated from service and, if the time so specified is subsequent to after the date of application, notwithstanding that, during such the period of notification, he may have separated from service."
3. Section 9-1-1515 of the 1976 Code, as amended by Section 52, Part II, Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member who has attained the age of fifty-five years and who has at least twenty-five years of creditable service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty twenty-eight. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump-sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty twenty-eight. The member's retirement must occur not more than ninety days after the date of the payment.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty twenty-eight years' creditable service had he not retired, whichever is earlier.
(D) (1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty twenty-eight years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
4. Subsections (A) and (B) of Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, are further amended to read:
"(A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."
5. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1) The person nominated by a member to receive the full amount of his accumulated contributions in the event of his death before retirement may, if such the member dies after the attainment of age sixty-five sixty or after the accumulation of fifteen years of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named the person as beneficiary under an election of Option 2 of Section 9-1-1620. For purposes of the benefit calculation, a member under age sixty with less than thirty twenty-eight years' credit is assumed to be sixty years of age.
(2) Any A person otherwise eligible under subsection (1) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, make the election provided for in subsection (1). The monthly payments under Option 2 to the person date from the time of the repayment of the accumulated contributions to the system."
6. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death life insurance, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-eight, and three thousand dollars if the retired member had at least thirty twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
7. Section 9-1-1810 of the 1976 Code is amended to read:
"Section 9-1-1810. As of the end of each calendar year commencing with the year ending December 31, 1969, the increase in the ratio of the Consumer Price Index to the index as of December 31, 1968, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance as of December 31, 1968, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances shall commence commences the July first immediately following the December thirty-first that the increase in ratio was determined. Beginning with the calendar year ending December 31, 1981, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances after the first five increases shall become is effective only if the additional liabilities, on account because of the increase in allowances, do not require an increase in the total employer rate of contribution, except that an increase of up to and including one-half percent must be paid after December 31, 2000, and an increase of up to and including an additional one-half percent must be paid after December 31, 2001. After December 31, 2002, the board is authorized to declare further guaranteed cost of living allowance increases of up to and including an additional two percent, in increments of one-half percent, upon certification from the system actuary that the system's unfunded actuarial liability amortization period does not exceed the acceptable limit as defined by the Governmental Accounting Standards Board as a result of the increase in allowances. Any increase in allowance granted hereunder pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
8. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement the system provided in this title chapter may elect to receive up to five three years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system South Carolina Retirement System the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not more than two years 54 percent
for each year
(c) over two years but not more than three years 50 percent
for each year
(d) over three years, but not more than four years 46 percent
for each year
(e) over four years 42 percent
for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement, and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A), the member, if he has at least twenty-five years of creditable service, may elect to receive up to five three years of additional service credit as though the additional service credit were rendered by him as an employee or member upon paying into his retirement system, during the ensuing number of years he wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement, and the member must retire within ninety days subsequent to electing the option provided by subsection (B). The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty twenty-eight years of service."
9. Section 9-11-310 of the 1976 Code is amended to read:
"Section 9-11-310. As of the end of each calendar year commencing with the year ending December 31, 1974, the increase in the ratio of the Consumer Price Index to such the index as of December 31, 1973, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, exclusive of any part thereof derived from accumulated additional contributions, of each beneficiary in receipt of an allowance as of December 31, 1973, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances must commence commences the July first immediately following the December thirty-first that the increase in ratio was determined.
Beginning with the calendar year ending December 31, 1981, all All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances after the first five such increases shall become is effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution, except that an increase of up to and including one-half percent must be paid after December 31, 2000, and an additional increase of up to and including one-half percent must be paid after December 31, 2001. After December 31, 2002, the board is authorized to declare further guaranteed cost of living allowance increases of up to and including an additional two percent, in increments of one-half percent, upon certification from the system actuary that the system's unfunded actuarial liability amortization period does not exceed the acceptable limit as defined by the Governmental Accounting Standards Board as a result of the increase in allowances. Any increase in allowance granted hereunder pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, must, when and if payable, must be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items-United States city average), for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."
10. Notwithstanding the general effective date of this section, this subsection takes effect January 1, 2001.
B. 1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
3. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
4. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
7. Notwithstanding the general effective date of this section, this subsection takes effect July 1, 2000.
C. The fifth paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 59 of 1991, is further amended to read:
"Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section. Persons who have served on active duty as commissioned officers in the United States Public Health Service may establish their period of service as creditable service in the same manner that military service is established as creditable service pursuant to this section, provided that this service credit for service in the United States Public Health Service must be established and purchased before December 31, 2000."
D. All local school district classroom teachers must provide, to their employer, notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement.
E. Except as otherwise noted, this section takes effect upon approval by the Governor.
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX SALES OF CLOTHING, CLOTHING ACCESSORIES, FOOTWEAR, SCHOOL SUPPLIES, AND COMPUTERS DURING A PERIOD BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT TWELVE MIDNIGHT THE FOLLOWING SUNDAY, TO PROVIDE EXCEPTIONS, AND TO REQUIRE THE DEPARTMENT OF REVENUE BEFORE JULY TENTH OF EACH YEAR TO PUBLISH AND MAKE AVAILABLE TO THE PUBLIC AND RETAILERS A LIST OF THE ARTICLES QUALIFYING FOR THIS EXEMPTION.
Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) (a) sales taking place during a period beginning 12:01 a.m. on the first Friday in August and ending at twelve midnight the following Sunday of:
(i) clothing;
(ii) clothing accessories including, but not limited to, hats, scarves, hosiery, and handbags;
(iii) footwear;
(iv) school supplies including, but not limited to, pens, pencils, paper, binders, notebooks, books, bookbags, lunchboxes, and calculators;
(v) computers, printers and printer supplies, and computer software.
(b) The exemption allowed by this item does not apply to:
(i) sales of jewelry, cosmetics, eyewear, wallets, watches;
(ii) sales of furniture;
(iii) a sale of an item placed on layaway or similar deferred payment and delivery plan however described;
(iv) rental of clothing or footwear;
(v) a sale or lease of an item for use in a trade or business.
(c) Before July tenth of each year, the department shall publish and make available to the public and retailers a list of those articles qualifying for the exemption allowed by this item."
DELETED
TO AMEND THE 1976 CODE BY ADDING SECTION 8-23-110 SO AS TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO ENSURE THAT APPROPRIATE DEFERRED COMPENSATION PLAN DOCUMENTS ALLOW EMPLOYER CONTRIBUTIONS, TO ALLOW POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, PARTICIPATING IN STATE DEFERRED COMPENSATION PLANS OR IN SUCH PLANS OF OTHER PROVIDERS TO MAKE EMPLOYER CONTRIBUTIONS, AND TO PROVIDE FOR MATCHING OR OTHER CONTRIBUTIONS BY THE STATE TO STATE EMPLOYEES PARTICIPATING IN SUCH PLANS TO THE EXTENT FUNDS ARE APPROPRIATED FOR THIS PURPOSE, AND TO PROVIDE THAT THE AMOUNT, TERMS, AND CONDITIONS OF THE CONTRIBUTIONS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.
A. The 1976 Code is amended by adding:
"Section 8-23-110. (A) The commission shall ensure that plan documents governing deferred compensation plans administered by the commission permit employer contributions to the extent allowed under the Internal Revenue Code.
(B) Political subdivisions of the State, including school districts, participating in deferred compensation plans administered by the commission or such plans offered by other providers may make matching or other contributions on behalf of their participating employees.
(C) As an additional benefit for state employees, and to the extent funds are appropriated for this purpose, the State shall make matching or other contributions on behalf of state employees participating in the deferred compensation plans offered by the commission or such plans offered by other providers in an amount and under the terms and conditions prescribed for such contributions by the State Budget and Control Board."
B. This section takes effect July 1, 2000.
TO AMEND SECTION 12-6-40, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Section 12-6-40(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(A) 'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1998 1999, and includes the effective date provisions contained therein."
TO AMEND TITLE 34 OF THE 1976 CODE, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO ENACT THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT BY CREATING SOUTH CAROLINA COMMUNITY DEVELOPMENT CORPORATIONS AND SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; TO DEFINE "COMMUNITY DEVELOPMENT CORPORATION" AND "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION"; TO PROVIDE FOR THEIR CERTIFICATION AND REGULATION BY THE DEPARTMENT OF COMMERCE OR ITS DESIGNEE; TO PROVIDE FOR THE ADMINISTRATION OF GRANTS AND LOANS TO COMMUNITY DEVELOPMENT CORPORATIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS BY THE DEPARTMENT OF COMMERCE OR ITS DESIGNEE AND FOR ANNUAL REPORTS TO THE GENERAL ASSEMBLY; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3530 SO AS TO PROVIDE A TAX CREDIT EQUAL TO A TAXPAYER'S ACQUISITION OF STOCK OR ANOTHER EQUITY INTEREST IN A COMMUNITY DEVELOPMENT CORPORATION OR A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FIVE MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS OR ONE MILLION DOLLARS FOR ALL TAXPAYERS FOR ONE TAXABLE YEAR.
A. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from people living in poverty and the lack of economic growth and employment and other opportunities.
(2) The restoration and maintenance of these communities requires increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development corporations have a proven ability to identify and respond to community needs and manage community assets for the purpose of community and economic development on a local level.
(5) Community development financial institutions have a proven ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(6) For the above reasons, the General Assembly has determined to enact the provisions of this act as being consistent with public policy objectives of our State including economic growth, higher employment, and community development.
B. Title 34 of the 1976 Code is amended by adding:
Section 34-43-10. This chapter may be cited as the South Carolina Community Economic Development Act.
Section 34-43-20. As used in this chapter:
(1) 'Department' means the South Carolina Department of Commerce or its designee.
(2) 'Community development corporation' means a nonprofit corporation which:
(a) is chartered pursuant to Chapter 31, Title 33;
(b) is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
(c) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(d) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
(e) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served;
(f) does not provide credit, capital, or other assistance from public funds in an amount greater than twenty-five thousand dollars at one time or in one transaction. The department shall adjust that dollar amount in the manner provided in Section 37-1-109; and
(g) is not a nonprofit organization with the sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(3) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development by providing credit, capital, or development services to small businesses or home mortgage assistance to individuals, including, but not limited to, capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state nor maintains an affiliate relationship with any of them;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(f) provides capital and technical assistance to small and micro businesses, or mortgage assistance to individuals;
(g) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or in one transaction. That dollar amount must be adjusted in the manner provided in Section 37-1-109;
(h) has been certified or recertified as a community development financial institution as provided in this chapter; and
(i) may be a federally-chartered or state-chartered financial institution holding company which qualifies as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of this section.
(4) 'Low income' means an income level that falls within the eightieth percentile of the mean income for a family of four within this State.
(5) The term 'invest' includes an advance of funds to a community development corporation or a community development financial institution.
Section 34-43-30. (A) The department may use a portion of funds appropriated for carrying out the provisions of this chapter to contract with an appropriate entity or entities to assist in carrying out its duties and responsibilities pursuant to this chapter. These duties and responsibilities include, but are not limited to:
(1) certifying entities as community development corporations and community development financial institutions;
(2) administering grants and loans to community development corporations and community development financial institutions from grant funds made available to it by the General Assembly or from other available funds; and
(3) providing technical support to assist community development corporations served pursuant to this section in developing their organizational capacity and implementing their projects successfully.
(B) The department shall make an annual report to the General Assembly regarding the grants and loans administered and tax credits given pursuant to this chapter.
Section 34-43-40. (A) The department or its designee shall establish criteria for the certification of an entity as a community development corporation and as a community development financial institution.
(B) Application for certification must be in writing under oath and in the form prescribed by the department. It must contain the information the department requires, including names and addresses of the partners, officers, directors or trustees, and those principal owners or members who provide the basis for investigations and findings contemplated by subsection (C). At the time of making the application, the applicant must pay to the department a fee for investigating the application, as prescribed by the department, in an amount sufficient to defray the department's costs of investigating the applicant.
(C) Upon the filing of the application and payment of the fees, the department shall investigate the facts concerning the application and the requirements of either Section 34-43-20(2) or (3).
(D) Certification of a community development corporation or a community development financial institution expires two years from the date of certification. This certification may be renewed for additional two-year periods upon application by the corporation or institution and approval by the department.
(E) A community development financial institution shall file with the department, on or before the anniversary date of its certification, an annual report for the preceding calendar year. The report must give information about the financial condition of the institution, and must include balance sheets for the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used and useful by the institution to conduct its business, an analysis of charges, size and type of loans, and other relevant information in form and detail as the department prescribes. The report must be made under oath and in the form prescribed by the department, which shall make and publish annually an analysis and recapitulation of the reports for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-43-30(B).
(F) The department may not renew certification of a corporation or an institution unless it continues to comply with the regulations of the department and provisions of Section 34-43-20(2) or (3).
(G) The department may revoke the certification of a corporation or an institution upon a finding that the corporation or institution does not comply with the provisions of Section 34-43-20(2) or (3).
(H) The department shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the corporation or institution with a brief statement of the reasons alleged. The corporation or institution may request a hearing within thirty days of receiving notice by filing a request for a hearing with the department. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(I) A taxpayer may not claim the tax credit provided for in Section 12-6-3530 unless the corporation or institution in which the investment is made is certified by the department at the time the investment is made. A taxpayer who invested in good faith in a certified corporation or institution may claim the credit provided in Section 12-6-3530 notwithstanding the fact that the certification is later revoked or not renewed by the department.
Section 34-43-50. (A) The department or its designee shall establish and implement criteria for grants and loans to community development corporations and community development financial institutions. The criteria must require that the applicant demonstrate a capacity to engage in community development projects and sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant must present a strategic plan for community development projects and show evidence of developing an organizational structure which ensures proper management.
(B) The total amount of grants and loans administered pursuant to this chapter may not exceed in the aggregate, five million dollars for all recipients and all tax years, and one million dollars for all recipients in one tax year.
(C) A single community development corporation or community development financial institution may not receive more than ten percent of the total amount of grants and loans funds administered pursuant to this chapter in any one tax year.
(D) The department may receive funds from, among other sources, state appropriations and private contributions.
C. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3530. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability fifty percent of all amounts invested in a community development corporation or in a community development financial institution, as defined in Section 34-43-20(2) or (3).
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Department of Commerce certifying that the entity into which the funds are invested is a community development corporation or a community development financial institution within the meaning of Section 34-43-20(2) or (3) and certifying that the credit taken or available to that taxpayer will not exceed the aggregate five million dollar limitation of all those credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments. A taxpayer who invested in good faith in a certified corporation or institution may claim the credit provided in this section, notwithstanding the fact that the certification is later revoked or not renewed by the department or its designee.
(B) The total amount of credits allowed pursuant to this section may not exceed, in the aggregate, five million dollars for all taxpayers and all taxable years and one million dollars for all taxpayers in one taxable year.
(C) A single community development corporation or community development financial institution may not receive more than ten percent of the total tax credits authorized pursuant to this section in any one taxable year.
(D) The department shall monitor the investments made by taxpayers in community development corporations and community development financial institutions as permitted by this section and shall perform the functions as provided in subsection (A) above.
(E) If the amount of the credit determined, pursuant to subsection (A), exceeds the taxpayer's state tax liability for the applicable taxable year, the taxpayer may carry over the excess to the immediately succeeding taxable years. However, the credit carry-over may not be used for a taxable year that begins on or after ten years from the date of the acquisition of stock or other equity interest that is the basis for a credit pursuant to this section. The amount of the credit carry-over from a taxable year must be reduced to the extent that the carry-over is used by the taxpayer to obtain a credit provided for in this section for a later taxable year.
(F) Notwithstanding the provisions of subsections (A), (B), (C), (D), and (E) above, if on April 1, 2001, or as soon after that as the department is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, the credits must be determined on a pro rata basis. For purposes of this subsection, a community development corporation or community development financial institution for which an investment may be claimed as a tax credit pursuant to this section must report all investments made before April 1, 2001, to the department by April 1, 2001, which shall inform, as soon as reasonably possible, all community development corporations and community development financial institutions of the total of all investments in all institutions and corporations as of April 1, 2001.
(G) If stock or another equity interest that is the basis for a credit provided for in this section is redeemed by the community development corporation or the community development financial institution within five years of the date it is acquired, the credit provided by this section for the stock or other equity interest is disallowed, and credit previously claimed and allowed with respect to the redeemed stock or other equity interest must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue pursuant to this section, the amount collected must be handled as if no credit had been allowed.
(H) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on his annual state income or premium tax return as prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with his annual state income or premium tax return a copy of the form issued by the department as to the stock or other equity interest that is the basis for a credit claimed pursuant to this section, by the taxpayer, including an undertaking by the taxpayer to report to the Department of Revenue a redemption of the stock or other equity interest by the community development corporation or the community development financial institution.
(I) The department shall complete forms prescribed by the Department of Revenue which must show as to each stock or other equity interest in a community development corporation or a community development financial institution that is the basis for a credit pursuant to this section:
(1) the name, address, and identification number of the taxpayer who acquired the stock or other equity interest; and
(2) the nature of the stock or other equity interest acquired by the taxpayer and the amount advanced for it.
These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the stock or other equity interest is acquired. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the acquisition is made.
(J) A taxpayer may not claim the tax credit provided in this section unless the community development corporation or community development financial institution in which the investment is made has been certified at the time the investment is made.
(K) If the community development financial institution in which the investment is made is a tax-exempt nonprofit corporation, the tax credit provided in this section is not allowed if the taxpayer claims the investment as a deduction pursuant to Section 170 of the Internal Revenue Code.
(L) Banks and financial institutions chartered by the State of South Carolina may invest in community development corporations and community development financial institutions incorporated pursuant to the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus."
D. The department shall contract for a performance audit at the end of the fourth year of implementation of this chapter.
E. Unless reauthorized by the General Assembly, the provisions of this chapter shall terminate on June 30, 2005 and this chapter and all other laws and regulations governing, authorizing, and otherwise dealing with community development corporations and community development financial institutions are deemed repealed on that date.
F. This section takes effect upon approval of the Governor, except that subsection C. applies to tax years beginning after 2000.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-665 SO AS TO PROVIDE THAT AN ABSENCE FROM WORK BY A STATE EMPLOYEE SOLELY DUE TO A WORKPLACE CLOSING OR STAFFING REDUCTION ORDERED BY THE GOVERNOR IN THE DECLARATION OF A STATE OF EMERGENCY IS NOT CONSIDERED AN ABSENCE FOR PURPOSES OF ANNUAL OR OTHER CATEGORIES OF LEAVE ALLOWED STATE EMPLOYEES.
A. Article 7, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-665. An absence from work by a State employee in conformity with a workplace closing or reduced staffing ordered by the Governor in the declaration of a state of emergency is not considered an absence from work for purposes of annual or other types of leave allowed State employees."
B. This section takes effect July 1, 2000, and applies for emergencies declared by the Governor after June 30, 2000.
TO AMEND SECTION 59-149-50, OF THE 1976 CODE, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA, AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
Amend Title To Conform
A. Section 59-149-50 of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-50. (A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).
(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.
(C) Students who were LIFE Scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.
(D) By the year 2000, students graduating from high school to be eligible for a LIFE Scholarship must have passed all courses required for a STAR diploma."
B. Sections 59-39-105, 59-39-190, and 59-103-175 of the 1976 Code are repealed.
C. The funds appropriated for the LIFE Scholarship program in the general appropriations act of 2000-2001 must be adjusted to include the additional students qualifying for a LIFE Scholarship pursuant to the provisions of Section 59-149-50 as amended by subsection (A).
D. Section 59-149-90 of the 1976 Code, as amended by Section 73, Part II, Act 100 of 1999, is further amended to read:
"Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred.
(B) Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE Scholarship to seek another degree.
(C)      All students who earn a LIFE Scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education."
E. This section takes effect July 1, 2000.
DELETED
TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO PROVIDE FOR THE MANNER IN WHICH THE TEN NONINSTRUCTIONAL DAYS MUST BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW CERTAIN TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES AND ACCELERATE THE LEARNING OF STUDENTS READING BELOW GRADE LEVEL; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN OR CANCELLED FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL HAVE A DIFFERENT RECERTIFICATION CYCLE, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL REVIEW THE PURPOSE AND CERTIFICATION STANDARDS OF CERTAIN NATIONAL ENTITIES AND REPORT ITS FINDINGS BY DECEMBER 1, 2000; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
A. Section 59-1-420 of the 1976 Code, as last amended by Act 627 of 1990, is further amended to read:
"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, two days must be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."
B. The 1976 Code is amended by adding:
"Section 59-5-75. The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for requesting an out-of-field permit, taking into consideration the phase-in for middle school certification."
C. The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall include training in the special needs of beginning teachers and the actions to assist them as well as the actions to avoid.
D. The 1976 Code is amended by adding:
"Section 59-5-85. The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.
The Department of Education shall implement a pilot program to develop procedures for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district so chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.
Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."
E. The 1976 Code is amended by adding:
"Section 59-5-95. The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body and shall include representatives of professional organizations and shall:
(1) review the state's academic standards in the four core academic areas and current teaching courses;
(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;
(3) establish syllabi to guide the development of high quality teacher preparation courses; and
(4) develop assessments to determine the strengths and weaknesses of the curriculum."
F. The State Board of Education shall:
(1) establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;
(2) immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;
(3) appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;
(4) revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.
G. Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:
"(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.
The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
H. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
I. The 1976 Code is amended by adding:
"Section 59-25-45. Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost."
J. Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the Federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Beginning July 1, 2000, the The loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments shall not be reimbursed. The Department of Education and the local school district shall be responsible for annual distribution of the critical needs list. It shall be the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina. Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"
K. The 1976 Code is amended by adding:
"Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contact status and their recertification cycle will be consistent with national board certification. Any teacher who earns National Board for Professional Teaching Standards (NBPTS) certification shall receive an increase in pay for the life of the certificate. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.
(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."
L. The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC), and National Association of School Psychologists (NASP) to determine comparability and make recommendations regarding recertification cycles, initial certification requirements for these personnel certified out-of-state and incentives for these national certifications. The State Department of Education shall report its findings to the Senate Education Committee and the House Education and Public Works Committee no later than December 1, 2000.
M. The 1976 Code is amended by adding:
"Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."
N. The 1976 Code is amended by adding:
"Section 59-26-100. The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."
O. The 1976 Code is amended by adding:
"Section 59-139-90. The school and district strategic plans required in Section 59-139-10 must include the stated goals and objectives for parent involvement and the methods used for data collection to support statewide evaluation of parent involvement efforts."
P. The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.
TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION INCLUDING ITS ADMINISTRATION BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND AN ELECTION BY ELIGIBLE EMPLOYEES FIRST EMPLOYED AFTER JUNE 30, 2000, TO JOIN EITHER THE SOUTH CAROLINA RETIREMENT OR THE OPTIONAL RETIREMENT PROGRAM ESTABLISHED BY THIS ACT.
A. Title 9 of the 1976 Code is amended by adding:
Section 9-20-10. As used in this chapter:
(1) 'Employer' means a school district which receives funding from the State from the annual appropriation to the Department of Education for Aid to School Districts - Employer Contributions in the annual general appropriations act.
(2) 'Employee' means a person employed full time by a public school district who is:
(a) certified and teaching in the classroom;
(b) assisting a certified classroom teacher;
(c) a professional specialist having direct contact with students;
(d) an academic subject, or specialty area coordinator or director working in a school or school district;
(e) a principal, vocational center director, assistant principal or vocational center assistant director, district assistant, county or area superintendent.
(3) 'Participant' means an employee who participates in the optional retirement program provided by this chapter.
Section 9-20-20. There is established an optional retirement program for public school (kindergarten through grade twelve) teachers, specialists, coordinators, and administrators. An employee is not eligible to participate in the optional retirement program unless the employee is eligible for membership in the South Carolina Retirement System. The following retirement and death benefit payment options may be provided for a participant in the optional retirement program: annuities, lump-sum distributions, partial distributions, or periodic withdrawals, whether through individual annuity contracts or individual certificates issued for group annuity contracts, fixed or variable in nature, or a combination of them, which must be issued to, and become the property of, the participant, or through mutual fund companies, or through state or national banking institutions. The employer and the participant shall contribute toward the purchase of the contract or investment under this program. The contribution made by the employer must be derived, in whole or in part, from the funds appropriated annually by the General Assembly as Aid to School Districts - Employer Contributions in the Department of Education appropriation in the annual general appropriations act. In accordance with the definition provided in Section 9-20-10(2), the State Department of Education annually shall provide to the South Carolina Retirement System a listing of positions that qualify an employee for the optional retirement program.
Section 9-20-30. The South Carolina Retirement System shall provide for the administration of the optional retirement program under this chapter. The director of the South Carolina Retirement System shall designate no fewer than four companies to provide annuity contracts, mutual fund accounts, or similar investment products offered through state or national banking institutions, or a combination of them, under the program. In making the designation the director shall consider:
(1) the nature and extent of the rights and benefits to be provided by the contracts or accounts, or both, of participants and their beneficiaries;
(2) the relation of the rights and benefits to the amount of contributions to be made;
(3) the suitability of these rights and benefits to the needs of the participants;
(4) the ability and experience of the designated companies in providing suitable rights and benefits under the contracts or accounts, or both;
(5) the ability and experience of the designated companies to provide suitable education and investment options.
Section 9-20-40. Employees first employed in an eligible position or job classification within each school district after June 30, 2000, shall elect either to join the South Carolina Retirement System or to participate in the optional retirement program under this chapter on or before December 1, 2000, or within ninety days after the entry into service, whichever is later, or failing to make the initial election within the required time, the employee is considered to have elected membership in the South Carolina Retirement System. An election made pursuant to this section must be made in writing and filed with the retirement system and the appropriate officer of the employee's participating employer and is effective on the date of employment.
The election to participate in the optional retirement program is irrevocable. However, an employee who participates in the optional retirement program may irrevocably elect to join the South Carolina Retirement System upon the passage of sixty months after initial enrollment in the optional retirement program. The optional retirement participant must make this election to participate in the South Carolina Retirement System within ninety days after the expiration of sixty months after the employee's initial enrollment in the optional retirement program, or failing to make the election within the allotted time, the employee is considered to have irrevocably elected to participate in the optional retirement program. Upon joining the system, the employee may establish up to five years of credit in the system for service earned while participating in the optional retirement program by making a payment to the system in an amount determined by the board.
Section 9-20-50. Each participant shall contribute monthly to the program the same amount he would be required to contribute to the South Carolina Retirement System if the participant were a member of that system. Participant contributions may be made by payroll deduction, by a reduction in salary, or by employer pick up in accordance with any applicable provisions of the Internal Revenue Code of 1986. Each employer shall contribute on behalf of each participant the same amount it would be required to contribute to the South Carolina Retirement System if the participant were a member of that system. Each employer shall remit to the designated companies, for application to participants' contracts or accounts, or both, an amount equal to the participant's contribution plus that percentage of each employer's contribution which would have been used to fund all retirement system benefits for future service if the participants had been members of the retirement system, but the employer's contribution may not be less than four and one-quarter percent of compensation. The employer shall remit the remainder of its required contribution to the retirement system, but the contribution to the retirement system must not be less than two and fifty-five hundredths percent of the employee's compensation.
Section 9-20-60. No retirement benefit or preretirement death benefit may be paid by the State for service rendered while participating in the optional retirement program except as authorized in Section 9-20-40. The benefits are payable to optional retirement program participants or their beneficiaries by the designated companies in accordance with the terms of the contracts issued to participants."
B. This section takes effect July 1, 2000.
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TO AMEND SECTION 59-118-30, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT WHERE MATCHING STATE FUNDS ARE PROVIDED TO QUALIFYING COLLEGES AND UNIVERSITIES FOR ENDOWMENT GIFTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" TO INCLUDE TWO-YEAR STATE-SUPPORTED INSTITUTIONS INCLUDING COLLEGE OR UNIVERSITY REGIONAL CAMPUSES.
Section 59-118-30(1) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(1) 'Qualifying college or university' means a state-supported, post-secondary two-year or four-year educational institution institutions including college or university regional campuses offering undergraduate, master, or doctoral degree programs and also includes a technical college under the jurisdiction of the State Board for Technical and Comprehensive Education."
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TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, OF THE 1976 CODE, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER FUNDS FROM YEAR TO YEAR, TO HOLD ALL SPECIAL ACCOUNT EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND TO REQUIRE ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES FROM THESE ACCOUNTS.
A. Article 11, Chapter 13, Title 51 of the 1976 Code is amended by adding:
"Section 51-13-765. (A) The Patriot's Point Development Authority may maintain special accounts controlled by the authority and made up of funds received by the authority. The authority may retain and carry over these funds it has on account from fiscal year to fiscal year. The receipt and expenditure of funds in these accounts must be reported in an annual fiscal audit of the authority.
(B) All earnings and interest accrued on accounts held by the authority must be retained and expended by the authority to carry out its purpose and mission."
B. This section takes effect July 1, 2000.
TO AMEND SECTION 56-3-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISPOSITION OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES, SO AS TO PROVIDE FOR THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THE STATE HIGHWAY FUND BEGINNING JULY 1, 2000, AND TO PROVIDE FOR USE OF A PORTION OF THOSE FUNDS FOR DEVELOPMENT OF A MONORAIL OR MONOBEAM PROTOTYPE FOR MASS TRANSIT.
A. Section 56-3-910 of the 1976 Code, as amended by Act 148 of 1997, is further amended to read:
"Section 56-3-910. (A) All fees and penalties collected by the department under the provisions of this chapter shall must be placed in the state general fund distributed as provided in subsection (B) of this section except for fees and penalties collected pursuant to Sections 56-3-660 and 56-3-670, all of which must be placed in the state highway account of the South Carolina Transportation Infrastructure Bank.
(B) Beginning in fiscal year 1998-99, one-half of the revenues are remitted to the bank in fiscal year 1998-99, and the entirety of the revenue is remitted to the bank in fiscal year 1999-00 and thereafter. Twenty percent of the fees and penalties collected pursuant to this chapter, except for those provided for separately in subsection (A) of this section, must be credited to the State Highway Fund of the Department of Transportation and eighty percent to the general fund of the State, beginning in fiscal year 2000-2001.
(C) Of the fees and penalties credited to the State Highway Fund of the Department of Transportation, an amount must be set aside that is sufficient to pay principal and interest for bonds issued by the department for creating solutions to mass transit needs through development of a state-based monorail or monobeam prototype. The bonds issued for this purpose may not exceed fifteen million dollars."
B. This section takes effect July 1, 2000.
TO AMEND SECTION 56-3-2332 OF THE 1976 CODE, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
A. Section 56-3-2332(B) of the 1976 Code, as added by Act 155 of 1997, is amended to read:
"(B) The annual registration fee for this plate is six eight hundred ninety-seven eighty dollars and forty-six cents.
(1) The plates issued in connection with an employee benefit program may be used only on vehicles provided for the applicant's employees. In the application, the manufacturer shall notify the department in which county the employee assigned the vehicle resides. Twenty dollars and fifty cents of the fee must be credited to the general fund of the State and six eight hundred seventy-seven fifty-nine dollars and forty-six fifty cents must be remitted to the county noted on the application. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. If the employee resides outside this State, the fee must be credited pro rata to all other counties due amounts under this section. The names and addresses of the employees are not required to be submitted to the department, but the department may require the documentation it determines necessary to ensure compliance with the provisions of this section.
(2) The plates issued in connection with testing, distribution, evaluation, and promotion, not to exceed fifty plates, may be used only for those purposes. Twenty dollars and fifty cents of the fee must be credited to the general fund of the State and six eight hundred seventy-seven fifty-nine dollars and forty-six fifty cents must be remitted to the county in which the principal facility of the manufacturer is located. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. The department may require the documentation it determines necessary to ensure compliance with the provisions of this subsection."
B. This section takes effect January 1, 2001.
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TO AMEND CHAPTER 40, TITLE 59, OF THE 1976 CODE, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-15. The General Assembly hereby makes the following findings and declarations:
(1) that diversity is an educational benefit in elementary/secondary education that promotes racial tolerance, improves academic performance, and breaks down barriers among individuals of different races;
(2) it acknowledges that the State once sanctioned a dual system of education in its schools; and
(3) it declares that no provisions in the Charter School Act should encourage a return to that system.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. 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 59-40-40. As used in this chapter:
(1) 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.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) 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;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner, as provided in Section 59-40-50(B)(8)(9);
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' 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.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.
(7) 'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law 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 must:
(1) adhere to the same health, safety, civil rights, and disability 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 South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must 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; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers shall be are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;
(6)(7) 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. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than fifteen percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) 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, and children of the charter committee, provided their enrollment does not constitute more than ten percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are 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 must include one or more teachers;
(9)(10) 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 school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school.
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(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 pursuant to the laws of this State;
(2) elect form a charter committee for the charter school which includes one or more teachers;
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.
(E) A charter committee shall be is responsible for and have has 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 contract and shall must 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 pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them 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 and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;
(6) 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;
(7) 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;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district or the targeted student population the charter school proposes to serve;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be are obtained;
(11) an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) 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 must 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;
(13) 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 before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
Section 59-40-70. (A) The local school board shall 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 local school district or board finds determines 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 local school board 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 local school board 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 only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education.
(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than fifteen percent, despite its best efforts, the local school district board may consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a non-discriminatory manner. A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided herein or in Section 59-40-110, as may be applicable.
(D) (E) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E) (F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies that 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, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
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 must 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. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must 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 voting 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. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application shall must be submitted by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to 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) 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.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) 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 quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
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 must be submitted to the school's sponsor, and it shall must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially 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 allows 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 must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;
(2) failed to meet or make reasonable progress toward 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.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing 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 provided for in this section.
(E) 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 must 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.
(F) 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 must 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 up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
(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 are governed by Section 59-40-100(C).
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 expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, 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. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must 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. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) 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.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) 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 required 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. All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by the governing body.
(G) A charter school shall report to its sponsor and the Department of Education 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.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) 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 are necessary or convenient to fulfill its purposes.
(J) 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 59-40-150. (A) The Department of Education 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 59-40-160. (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 academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-170. The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, 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 department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must 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. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.
Section 59-40-180. The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.
Section 59-40-190. (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 civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose."
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALE OF CERTAIN HUNTING LICENSES, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A TEN-DAY NONRESIDENTIAL BIG GAME PERMIT.
Section 50-9-510(19) of the 1976 Code, as added by Act 100 of 1999, is further amended by deleting item (19) which reads:
"(19) In addition to the required nonresident hunter's license, a nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and turkey, for a period of ten consecutive days, at a cost of twenty-five dollars. One dollar of the permit cost may be retained by the agent issuing the permit."
TO AMEND SECTION 59-31-360 OF THE 1976 CODE, RELATING TO WAIVER OF TEXTBOOK RENTAL CHARGES BY THE STATE DEPARTMENT OF EDUCATION, SO AS TO ALLOW THE WAIVER FOR KINDERGARTEN, AS WELL AS GRADES ONE THROUGH TWELVE.
Section 59-31-360 of the 1976 Code is amended to read:
"Section 59-31-360. The State Board of Education shall waive textbook rental charges for grades one kindergarten through twelve of the public schools, to the end that basal textbooks adopted and approved by the board for use in the public schools shall must be supplied to the school children of the State without charge. Title to books so provided shall remain in the State Board of Education. Each school district shall fully utilize all books owned by it to effect the purposes of this section."
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TO AMEND CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING ARTICLE 12 SO AS TO ENACT "THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT ACT".
A. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1010. (A) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of 1993, and to implement the National Crime Prevention and Privacy Compact, 42 U.S.C. Section 14616, the General Assembly approves and ratifies the compact.
(B) The State Law Enforcement Division is the repository of criminal history records for purposes of the compact and must do all things necessary or incidental to carry out the compact.
(C) The Chief of SLED, or his designee, is the state's compact officer and must administer the compact within the State. SLED may adopt rules and establish procedures for the cooperative exchange of criminal history records between the State and federal government and between the State and other party states for use in noncriminal justice cases.
(D) The state's ratification of the compact remains in effect until legislation is enacted which specifically renounces the compact pursuant to Article IX of 42 U.S.C. Section 14616.
(E) The compact and this section do not affect or abridge the obligations and responsibilities of SLED under other provisions of law and do not alter or amend the manner, direct or otherwise, in which the public is afforded access to criminal history records under state law."
B. Monies appropriated in Section 56B, Part IA (Crime Information Systems, Other Operating Expenses) of the 2000-2001 general appropriations act must be used to implement the provisions of this section.
TO AMEND SECTION 9-9-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE CREDITED SERVICE PROVISIONS SPECIFIC TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT GENERAL ASSEMBLY MEMBERS MAY ESTABLISH SERVICE CREDIT AT THE SAME COST AND UNDER THE SAME CONDITIONS AS MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM MAY ESTABLISH SERVICE.
A. Section 9-9-50(4) of the 1976 Code, as amended by Act 439 of 1998, is further amended to read:
     "(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and upon paying to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140."
B. This section takes effect on January 1, 2001.
TO AMEND SECTION 48-20-240 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND PENALTIES COLLECTED UNDER THE SOUTH CAROLINA MINING ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS COLLECTED FROM CERTAIN FEES FOR A SMALL MINE OPERATORS EDUCATION ASSISTANCE PROGRAM.
Section 48-20-240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer, except that the Department of Health and Environmental Control is authorized to use funds collected from mining permit application fees, mining permit conversion fees, substantial modification fees, permit transfer fees, certificate of exploration fees, and annual mine operator fees for environmental education programs related to mining activities. The Department may use these funds to provide on-site environmental education assistance to small mine operators and mining education materials to groups and organizations."
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TO AMEND THE 1976 CODE BY ADDING SECTION 1-1-1035 SO AS TO PROVIDE THAT NO STATE FUNDS OR MEDICAID FUNDS SHALL BE EXPENDED TO PERFORM ABORTIONS, EXCEPT FOR THOSE ABORTIONS AUTHORIZED BY FEDERAL LAW UNDER THE MEDICAID PROGRAM.
The 1976 Code is amended by adding:
"Section 1-1-1035. No state funds or Medicaid funds shall be expended to perform abortions, except for those abortions authorized by federal law under the Medicaid program."
TO AMEND THE 1976 CODE BY ADDING SECTION 8-23-115 SO AS TO PROVIDE THAT AS AN ADDITIONAL BENEFIT FOR STATE EMPLOYEES, PARTICIPATING IN THE DEFERRED COMPENSATION PLAN, THE DEFERRED COMPENSATION COMMISSION SHALL ENSURE THAT CONTRACTS ENTERED INTO WITH THIRD PARTY VENDORS INCLUDE PROVISIONS THAT DIRECT THE VENDOR TO PROVIDE CONSULTATIVE SERVICES FOR PLAN PARTICIPANTS.
The 1976 Code is amended by adding:
"Section 8-23-115. (A) As an additional benefit for state employees participating in a deferred compensation plan, the Deferred Compensation Commission shall ensure that contracts entered into with third party vendors include provisions that direct the vendor to provide consultative services for plan participants. The vendor must make available for consultation individuals who are registered with the State of South Carolina as broker-dealer agents, investment advisors, or investment advisor representatives, or who are exempt from state registration."
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TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE.
A. This section may be cited as the South Carolina Capital Gain Holding Period Reform Act.
B. Section 12-6-1150 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-1150. (A) Individuals, estates, and trusts are allowed a deduction from South Carolina taxable income equal to twenty-nine forty-four percent of net capital gain recognized in this State during a taxable years year beginning in 1991, 1992, 1993, or 1994 and forty-four percent for taxable years beginning after 1994. In the case of estates and trusts, the deduction is applicable only to income taxed to the estate or trust or individual beneficiaries and not income passed through to nonindividual beneficiaries.
(B) (1) South Carolina income includes capital gains and losses from partnerships and 'S' Corporations.
(2) Net capital gain is as defined in the Internal Revenue Code, as amended through December 31, 1988, except that the required holding period is two or more years Section 1222 and related sections."
C. This section takes effect upon approval by the Governor and applies for taxable years beginning after 2000.
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TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; AND TO PROVIDE FOR RECOMMENDATIONS REGARDING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES; AND TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE, IN COOPERATION WITH REPRESENTATIVES OF THE DEPARTMENT OF COMMERCE, THE DEPARTMENT OF REVENUE, AND THE SOUTH CAROLINA CHAMBER OF COMMERCE SHALL DEVELOP RECOMMENDATIONS FOR EMPLOYER TAX CREDITS AS CERTAIN INCENTIVES FOR PARENTS.
(I) (A) The General Assembly finds that:
(1) parent involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;
(2) parent involvement and momentum for parent participation is evident for early childhood and elementary schools but declines in middle and high schools;
(3) there does not appear to be an accountability mechanism in place to ensure support for parent involvement opportunities;
(4) there is no structured system to enable, support, and sustain parent involvement at the various levels of state, district, or school responsibility;
(5) barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and
(6) there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parent involvement efforts and results.
(B) The General Assembly has, therefore, determined to enact the provisions of this act in order to:
(1) heighten awareness of the importance of parents' involvement in the education of their children and parental influence on the academic success of their children;
(2) provide state and local leadership to enable schools to implement parent involvement best practices through adoption of policy and establishment of meaningful partnerships through interactions involving family, school, and the community;
(3) provide parent involvement support, training, and resources to enable teachers and school staff to work with parents in the best interests of their children's education;
(4) encourage and induce parents to become more interested and involved in their children's education and provide greater opportunities for parent-teacher contacts;
(5) encourage employers to adopt workplace policies to enable parents to participate more fully in their children's education and in school activities; and
(6) provide for a statewide system to monitor and evaluate the results of parent involvement efforts.
(II) Title 59 of the 1976 Code is amended by adding:
Section 59-28-100. This chapter may be cited as the 'Parent Involvement in their Children's Education Act'.
Section 59-28-110. It is the purpose of the General Assembly in this chapter to:
(1) heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;
(2) encourage the establishment and maintenance of parent-friendly school settings; and
(3) emphasize that, when parents and schools work as partners, a child's academic success can best be assured.
Section 59-28-300. The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.
Section 59-28-310. The State Board of Education shall:
(1) require school and district long-range improvement plans required in Section 59-139-10 to include stated goals and objectives for parent involvement and methods for local evaluation of parent involvement efforts; and
(2) recognize those districts and schools where parent involvement significantly increases beyond stated goals and objectives.
Section 59-28-320. The State Superintendent of Education shall:
(1) enroll the Department of Education as a state member of national organizations which promote proven parent involvement frameworks, models, and practices and provide related services to state and local members;
(2) promote and encourage local school districts to join national parent involvement organizations as local members;
(3) through state leadership, promote parent involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parent involvement is currently least visible;
(4) designate a Department of Education staff position whose role is to coordinate statewide initiatives to support school and district parent involvement;
(5) collect and disseminate to districts and schools practices shown by research to be effective in increasing parent involvement, including practices that are specific to grade levels, and other related elements which support parent involvement, such as the National Parent-Teacher Association standards;
(6) sponsor statewide conferences on best practices;
(7) monitor and evaluate parent involvement statewide and report results; and
(8) identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parent involvement.
Section 59-28-330. Each local school board of trustees shall:
(1) consider joining national organizations which promote and provide technical assistance on various proven parent involvement frameworks and models;
(2) incorporate, where possible, proven parent involvement practices into existing policies and efforts;
(3) adopt policies that emphasize the importance of parent involvement and outline clearly defined expectations for the schools in the district;
(4) require an annual briefing on district and school parent involvement programs including findings from state and local evaluations on the success of the district's and schools' efforts;
(5) include parent involvement expectations as part of the superintendent's evaluation; and
(6) provide incentives and formal recognition for schools that significantly improve or increase, or both, parent involvement, as defined by the State Board of Education.
Section 59-28-340. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
Section 59-28-350. Each school district superintendent shall consider:
(1) designating staff to serve as parent liaison for the district to coordinate parent involvement initiatives and coordinate community and agency collaboration to support parents and families;
(2) requiring each school to designate a faculty contact for parent involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts; and
(3) requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success.
Section 59-28-500. The State Board of Education shall establish criteria for training on school initiatives and activities shown by research to increase parent involvement in their children's education and require all certified and noncertified school staff persons employed by South Carolina school districts and special schools to participate in this on-going training in parent involvement best practices.
Section 59-28-510. The State Superintendent of Education shall:
(1) work with higher education institutions and the pre-K through grade 12 education community, including parent program coordinators, to design the required parent involvement and best practices training programs, which shall include:
(a) practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;
(b) establishment and maintenance of a parent-friendly school setting;
(c) awareness of community resources that strengthen families and assist students to succeed;
(d) other topics appropriate for fostering partnerships between parent and teacher;
(2) provide parent involvement staff development training for district and school liaisons, as needed;
(3) provide other technical assistance relating to parent involvement training to districts and schools; and
(4) work collaboratively with the Commission on Higher Education to incorporate parent involvement training into teacher preparation as a requirement for preservice and student teaching and into principal preparation, with the training to be consistent with the parent involvement training required in Section 59-28-500.
Section 59-28-520. Each local school board of trustees shall provide for all faculty and staff, no later than the 2002-2003 school year, parent involvement orientation and the training required in Section 59-28-500 through staff development with an emphasis on unique school and district needs and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education.
Section 59-28-700. The Education Oversight Committee shall promote the importance of parent involvement through the public awareness campaign required by the Education Accountability Act and shall include:
(1) advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;
(2) requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;
(3) promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly work place policies;
(4) ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;
(5) recognition of businesses and employers where parent-friendly policies have been adopted; and
(6) recognition of agencies and faith communities that have supported and increased parent involvement in their children's education.
Section 59-28-710. The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all parents in the State whose children attend public schools and to all teachers for their use in the classroom and with parents. The informational materials for distribution shall include:
(1) an explanation of the grade-level academic content standards and advice on how parents can help their children achieve the standards and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and
(2) printed information about the standards and advice relative to parent involvement in their children's education for visible display and use in every public school K-12 classroom.
Section 59-28-720. The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-710 to all districts and schools.
Section 59-28-730. Each local school board of trustees by school year 2001-2002 shall:
(1) establish policies and support actions to increase parent involvement which bring together the teacher, the parent, and the student to discuss the academic progress of the student; and
(2) adopt policies requiring the district and schools to incorporate proven effective practices that enable parents to become more involved in the education of their children.
Section 59-28-900. Each local school district superintendent shall encourage principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.
Section 59-28-1100. The State Superintendent of Education shall monitor and conduct evaluations of school and district parent involvement programs and related components and practices as follows:
(1) design a statewide system to evaluate the effectiveness of parent involvement efforts and to identify best practices;
(2) share evaluation findings and recommendations with schools, districts, state and local agencies, higher education institutions for use in teacher preparation programs, and appropriate other state agencies and entities; and
(3) provide reports of the evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.
Section 59-28-1110. Each local school district superintendent shall:
(1) include parent involvement expectations as part of each principal's evaluation; and
(2) include information about parent involvement opportunities and participation in the district's annual report."
(III) The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of Commerce, shall develop recommendations for employer tax credits as incentives to:
(1) provide parent employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and
(2) develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials."
TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-25 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH SOUTH CAROLINA STATE UNIVERSITY AND THE STAFF OF THE SOUTH CAROLINA STUDENT LOAN CORPORATION, SHALL DEVELOP A PARAEDUCATOR TEACHER RECRUITMENT PROGRAM FOR THE RECRUITMENT OF PARAEDUCATORS INTO THE TEACHING PROFESSION, TO PROVIDE THAT THE PROGRAM SHALL INCLUDE A LOAN COMPONENT WHERE RESIDENT PARAEDUCATORS MAY BE PROVIDED LOANS TO ATTEND COLLEGE FOR THE PURPOSE OF BECOMING CERTIFIED TEACHERS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE LOANS SHALL BE REPAID OR CANCELED.
Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-25. The Commission on Higher Education, in consultation with South Carolina State University and the staff of the South Carolina Student Loan Corporation, shall develop a Paraeducator Teacher Recruitment Program for the recruitment of paraeducators into the teaching profession. The program shall include a loan program whereby state resident paraprofessionals may be provided loans to attend public and private colleges of this State for the sole purpose and intent of becoming certified teachers in South Carolina. The recipient is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in a public school within South Carolina. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school, or at the rate of three thousand dollars for each complete year of teaching service in a public school, whichever is greater. Recipients of this loan who teach in areas defined as critical need in Section 59-26-20(j) shall have their loans canceled at the rates specified in that section. The Commission on Higher Education shall act as the monitoring and reporting agency for the program until it is fully operational."
TO AMEND THE 1976 CODE BY ADDING SECTION 59-125-95 SO AS TO PROVIDE THAT AS EXISTING CAPACITY ALLOWS, WINTHROP UNIVERSITY MAY OFFER GRADUATE-LEVEL IN-STATE TUITION TO RESIDENTS OF THE MEMBER COUNTIES OF THE CAROLINAS PARTNERSHIP FOR ECONOMIC DEVELOPMENT, AS LONG AS NO NEW SECTION OF ANY SCHEDULED CLASS IS REQUIRED TO BE OPENED TO ACCOMMODATE SUCH STUDENTS AND NO QUALIFIED SOUTH CAROLINA GRADUATE STUDENT SHALL LOSE A POSITION IN A CLASS DUE TO A NORTH CAROLINA STUDENT.
Chapter 125, Title 59 of the 1976 Code is amended by adding:
"Section 59-125-95. As existing capacity allows, Winthrop University may offer graduate-level in-state tuition to residents of the member counties of the Carolinas Partnership for Economic Development, as long as no new section of any scheduled class is required to be opened to accommodate such students and no qualified South Carolina graduate student shall lose a position in a class due to a North Carolina student."
TO AMEND SECTION 59-104-20, AS AMENDED, OF THE 1976 CODE, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA, AND TO PROVIDE THAT ALCOHOL OR DRUG-RELATED MISDEMEANORS PRIOR TO JULY 1, 2000, SHALL NOT BE CONSIDERED WHEN IMPOSING THE PENALTIES AUTHORIZED ABOVE REGARDING CERTAIN OF THESE SCHOLARSHIPS OR GRANTS.
(A) Section 59-104-20 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
(B) Section 59-113-20 of the 1976 Code is amended to read:
"Section 59-113-20. The State of South Carolina shall grant an amount as provided in this chapter to any applicant who meets the following qualifications:
(a) has been a resident of South Carolina for at least one year;
(b) is of good moral character;
(c) has demonstrated qualities of academic merit and financial need;
(d) has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction; and
(e) is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and
(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea."
(C) Section 59-142-10 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following qualifications:
(1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;
(2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;
(3) is of good moral character and has never been convicted of a felony; and;
(4) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(5) is found to be in financial need according to federal Title IV regulations.
(B) To maintain continued eligibility for the state need-based grants, once enrolled a student shall:
(1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as determined by the institution;
(2) have no criminal record have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(3) be eligible for the need-based grants for a maximum of four academic years of two semesters."
(D) Section 59-149-90(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related drug-related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
(E) This section takes effect upon approval by the Governor; however, students receiving Palmetto Fellows Scholarships, Tuition Grants, or Need-based Grants adjudicated delinquent, convicted, or pleading guilty to any alcohol or drug-related misdemeanors prior to July 1, 2000, shall not be penalized for these offenses under this section."
TO AMEND SECTION 59-48-20 OF THE 1976 CODE, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS, SO AS TO PROVIDE FOR SIX ADDITIONAL MEMBERS OF THE BOARD.
Section 59-48-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-48-20. (A) The school is under the management and control of a board of trustees consisting of eleven members, as follows:
(1) one member from each congressional district appointed by the Governor;
(2) two members appointed from this State at large by the Governor;
(3) the Chairman of the Joint Legislative Committee to Study the State's Public Education System, ex officio, or his designee;
(4) the State Superintendent of Education, ex officio, or his designee;
(5) the Executive Director of the Commission on Higher Education, ex officio, or his designee; and
Members appointed by the Governor shall serve for four years and until their successors are appointed and qualify, except that of those first appointed, the members representing the First, Second, and Third Congressional Districts and one at-large member shall serve for two years and until their successors are appointed and qualify. Members shall receive mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.
In his appointments, the Governor shall seek to obtain the best-qualified persons from the business, industrial, and educational communities, including mathematicians and scientists.
The board of trustees shall explore use of the facilities of Coker College for the school's campus.
(B) The Board of Trustees of the Special School for Science and Mathematics shall also include the following six additional members:
(1) the president of the South Carolina Governor's School for Science and Mathematics Foundation, Inc., to serve ex officio;
(2) the provost or vice president for academic affairs from each of the following higher education research institutions to serve ex officio:
(a) Clemson University;
(b) the University of South Carolina;
(c) the Medical University of South Carolina. The provost or vice president for academic affairs of each of these three institutions shall serve as nonvoting members of the board;
(3) two members appointed from the State at large by the Governor to serve for terms of four years each and until their successors are appointed and qualify. Vacancies shall be filled by appointment in the manner of original appointment for the remainder of the unexpired term."
TO AMEND TITLE 44, OF THE 1976 CODE, RELATING TO HEALTH BY ADDING CHAPTER 130, SO AS TO ENACT THE "SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT", WHICH INCLUDES PROVISIONS TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM; TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL; TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM; TO AUTHORIZE EXPANSION OF THE PROGRAM UNDER CERTAIN CONDITIONS; TO PROVIDE THAT THE PROGRAM MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A MEDICAID WAIVER TO EXPAND PRESCRIPTION DRUG SERVICES TO MEDICARE BENEFICIARIES.
A. Title 44 of the 1976 Code is amended by adding:
Section 44-130-10. This chapter may be cited as the 'South Carolina Seniors' Prescription Drug Program Act'.
Section 44-130-20. For purposes of this chapter:
(1) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration including insulin syringes and insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over the counter pharmaceutical products.
(2) 'Program' means the South Carolina Seniors Prescription Drug Program created pursuant to Section 44-130-30.
Section 44-130-30. There is created within the Office of Insurance Service of the State Budget and Control Board the South Carolina Seniors' Prescription Drug Program. Beginning January 1, 2001, this program must provide financial assistance for purchasing prescription drugs to senior citizens who are ineligible for or do not have insurance coverage or other assistance through federal, state, or private programs for these purchases.
Section 44-130-40. This program must be administered by the State Budget and Control Board through its Office of Insurance Services. The office may designate or enter into contracts with other entities to assist in this administration. The program may include:
(1) co-payments and deductibles based on income;
(2) incentives for the use of generic drugs; and
(3) prospective and retrospective utilization review, clinical management, and other administrative techniques used in the management of the State Health Insurance Plan in order to reduce drug interactions, overutilizations, therapeutic duplications, or early refills.
When requested by the office, other state agencies shall provide assistance or information necessary in the administration of this program.
Section 44-130-50. A person eligible to participate for this program must:
(1) be a South Carolina resident who has attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before participation in the program;
(3) be ineligible for Medicaid prescription benefits;
(4) not have any pharmacy benefits or coverage from any governmental or private insurance program providing such benefits;
(5) have an annual income that does not exceed one hundred fifty percent of the federal poverty level.
Priority must be given to applicants without Medicare supplements or other third party benefits or coverage during the six months before application.
Section 44-130-60. The Office of Insurance Services shall maintain data to allow evaluation of the cost effectiveness of the program and submit semiannual reports to the Governor and General Assembly summarizing beneficiary demographics, utilization, provider dispensing experience, and any other information needed to evaluate the costs and benefits of the prescription drug program.
Section 44-130-70. (A) Notwithstanding the provisions of Section 44-130-50(5), upon analysis of eligibility and enrollment information compiled as of January 1, 2001, the Office of Insurance Services may expand coverage under this program to seniors whose incomes do not exceed one hundred seventy five percent of poverty.
(B) If seniors served by this program become eligible for substantially the same benefits under a federal program, the Office of Insurance Services may reevaluate the program benefits and funding and may increase the program up to two hundred percent of poverty for senior citizens who otherwise are eligible for the program if program funding will support the expansion.
(C) This program may only be expanded if funds are available through appropriations, interest earned, and other revenue that may have been received including, but not limited to, federal funding.
Section 44-130-80. The program must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.
B. The Department of Health and Human Services must apply, no later than June 30, 2001, to the Federal Health Care Financing Administration for a Medicaid waiver to expand prescription drug services to Medicare beneficiaries. If federal approval is obtained, the department shall assist the Budget and Control Board Office of Insurance Services in accessing the impact of the federal funds on the South Carolina Seniors' Prescription Drug Program, as established in Section 44-130-30 of the 1976 Code, as added in subsection A. of this Section, and must expand the program as provided for in Section 44-130-70(B) if funds are available to support the expansion."
TO AMEND THE 1976 CODE BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND THE PROVISION OF SCREENING INFORMATION AND TO PROVIDE AN EXCEPTION; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH SCREENING REPORTING PROCEDURES FOR HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE SCREENINGS AND INTERVENTIONS EFFECTIVENESS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; TO REQUIRE THE DEPARTMENT TO ESTABLISH REIMBURSEMENT PROCEDURES FOR EXPENSES INCURRED; AND TO PROVIDE THAT RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS SECTION MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT AGREEMENT.
A. The 1976 Code is amended by adding:
"Section 44-37-40. (A) This section may be cited as the 'Universal Newborn Hearing Screening and Intervention Act'.
(B) For purposes of this section:
(1) 'Advisory council' means the Newborn Hearing Screening and Intervention Advisory Council.
(2) 'Audiologist' means an individual licensed to practice audiology by the South Carolina Board of Examiners in speech-Language Pathology and Audiology.
(3) 'Audiologic evaluation' means an evaluation consisting of procedures to assess the status of the auditory system; to establish the site of an auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options for evaluation should include linkage to state Part C 'Individuals with Disabilities Education Act' coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent and education organizations, and other family centered services.
(4) 'Auditory habilitation' means intervention which includes the use of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss.
(5) 'Birth admission' means the time after birth that the newborn remains in the hospital nursery before discharge.
(6) 'Commissioner' means the Commissioner of the South Carolina Department of Health and Environmental Control.
(7) 'Department' means the South Carolina Department of Health and Environmental Control.
(8) 'Early Intervention' means providing appropriate services for a child with hearing loss and ensuring that the family of the child is provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and communication options and is given the opportunity to consider the full range of educational and program placements and options for this child.
(9) 'Hearing loss' for newborns and neonates means failure to pass the brainstem auditory evoked response performed at the audiologic evaluation. Current hearing screening technology detects levels of hearing loss as low as 35 decibels.
(10) 'Hearing screening' means newborn and infant hearing screening consisting of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations.
(11) 'Infant' means a child twenty-nine days to twenty-four months old.
(12) 'Medical intervention' means the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or related medical disorders associated with hearing loss.
(13) 'Newborn' means a child up to twenty-eight days old.
(14) 'Normal hearing' for newborns and infants is 0-15 decibels hearing level. Any hearing level greater than 15 decibels can adversely affect speech and language development. The greater the hearing level the greater the adverse impact on speech and language development.
(15) 'Parent' means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
(16) Part C of 'Individuals with Disabilities Education Act' means the federal 'Early Intervention Program for Infants and Toddlers with Disabilities and Developmental Delay Act' which encourages exemplary practices that lead to improved teaching and learning experiences for children with developmental delay, and that can result in more productive independent adult lives, including employment.
(C) (1) Beginning no later than June 30, 2001, newborn hearing screenings must be conducted during birth admission on all newborns born in hospitals in this State using procedures recommended or approved by the department. However, when a newborn is delivered in a hospital with an average of less than one hundred deliveries a year, the screening is not required, but the parents must be given the information required pursuant to subsection (C)(3).
(2) Beginning no later than April 1, 2001, every hospital in this State shall provide educational information for the parents of newborns born in that hospital concerning the hearing screening procedure and the importance of the screening. Education may not be considered a substitute for the hearing screening.
(3) When a newborn is delivered in a hospital where the hearing screening is not required pursuant to subsection (C)(1) or somewhere other than a hospital, the parents must be instructed on the importance of a hearing screening and of having the screening performed within one month of the child's birth date. Parents also must be given information to assist them in having the screening performed. The department shall determine the appropriate screening venue for newborns not receiving a hospital-conducted screening.
(D) (1) Newborns referred as a result of the screening process shall receive an audiologic evaluation by an audiologist and a medical evaluation by a physician or otolaryngologist, or both, as indicated.
(2) Newborns and infants referred as a result of the evaluation process shall receive medical intervention, audiologic habilitation, early intervention services, and augmentative hearing devices.
(3) (a) The department, upon consultation with the South Carolina Health Alliance, shall establish newborn hearing screening reporting procedures which must be followed by hospitals, audiologists, and early interventionists.
(b) The department also shall establish procedures to monitor and measure the effectiveness of newborn and infant hearing screening and intervention and shall report annually to the General Assembly and to participating hospitals.
(c) Subject to available appropriations, the department shall make reports required pursuant to this subsection available throughout the State, specifically to physicians whose practice includes the practice of obstetrics, neonatology, or the care of newborns and infants, to consumer groups, managed care organizations, other third party payers, and the media.
(E) The department shall establish the Newborn Hearing Screening and Intervention Advisory Council, consisting of representatives of agencies, professional disciplines, hospitals, and consumers to advise the department on matters related to the implementation of this section and duties of the department under this section.
(F) The department may promulgate regulations to the extent necessary to implement the provisions of this section.
(G) The department and the Department of Health and Human Services shall establish procedures for providing reimbursement for expenses incurred by entities providing newborn hearing screenings under this section.
(H) Responsibilities of the department under this section including, but not limited to, reimbursements authorized pursuant to subsection (G) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998."
B. This section takes effect July 1, 2000.
TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 128 SO AS TO ENACT THE "SOUTH CAROLINA YOUTH SMOKING PREVENTION ACT", INCLUDING REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO DEVELOP A YOUTH SMOKING PREVENTION PLAN WHICH MAY INCLUDE AWARDING GRANTS TO LOCAL AGENCIES, ORGANIZATIONS, AND ENTITIES AND TO PROVIDE THAT THE RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS CHAPTER MUST BE FUNDED FROM PROCEEDS RECEIVED FROM THE TOBACCO SETTLEMENT AGREEMENT.
Title 44 of the 1976 Code is amended by adding:
Section 44-128-10. This chapter may be cited as the 'South Carolina Youth Smoking Prevention Act'.
Section 44-128-20. (A) The Department of Health and Environmental Control and the Department of Alcohol and Other Drug Abuse Services jointly shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors.
     (B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors and may include but is not limited to:
(1) media campaigns;
(2) school based youth programs;
(3) community based youth programs;
(4) business, community, and school partnerships;
(5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education;
(6) surveillance and evaluations;
(7) chronic disease and health-related programs.
(C) To assist in carrying out the purposes of the plan, the departments may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the departments.
Section 44-128-30. The department shall report annually by January first of each year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee on the activities and effectiveness of the Youth Smoking Prevention Plan.
Section 44-128-40. Responsibilities of the departments under this chapter including, but not limited to, funding grants authorized pursuant to Section 44-128-20(C) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998."
TO AMEND SECTION 6-5-10, AS AMENDED, OF THE 1976 CODE, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS RECEIVING MEDICAID FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY ARE AUTHORIZED TO UTILIZE APPROPRIATED FUNDS AND OTHER MONIES TO PARTICIPATE IN CERTAIN INVESTMENTS AND TO PROVIDE THAN NO MORE THAN FORTY PERCENT OF THE FUNDS AND OTHER MONIES MAY BE INVESTED IN THE MANNER PROVIDED HEREIN.
A. Section 6-5-10(a) of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding an appropriately numbered item to read:
( ) A political subdivision receiving Medicaid funds appropriated by the General Assembly in the annual general appropriations act may utilize appropriated funds and other monies generated by hospital operations to participate in principal protected investments in the form of notes, bonds, guaranteed investment contracts, debentures, or other contracts issued by a bank chartered in the United States or agency of a bank if chartered in the United States, financial institution, insurance company, or other entity which provides for full principal payment at the end of a contract term not to exceed twelve years if the issuer has received a rating in one of three highest general rating categories issued by no fewer than two nationally recognized credit rating organizations. No more than forty percent of the appropriated funds and other monies generated by hospital operations may be invested in the manner provided in this item. Revenue realized pursuant to these investments must be expended on health care services."
TO ESTABLISH THE VETERANS OF ALL WARS MONUMENT COMMISSION, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING THE DETERMINATION OF THE DESIGN OF A MONUMENT ON THE STATE HOUSE GROUNDS HONORING VETERANS OF ALL WARS AND TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION UPON DEDICATION OF THE MONUMENT.
A. A Veterans of All Wars Monument Commission is created to determine the design of the monument on the State House grounds to honor Veterans of All Wars. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. The State Budget and Control Board shall provide staff support and technical assistance as may be required by the commission.
B. The commission shall submit a report to the State House Committee. After action by the committee approving the design and location, the State House Committee shall cause to be introduced a concurrent resolution allowing the construction of the monument.
C. The commission shall consist of fifteen members as follows: five members appointed by the Governor, five members appointed by the President Pro Tempore of the Senate, and five members appointed by the Speaker of the House of Representatives. The Governor shall designate one member to serve as chairman. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission and members so appointed shall serve ex officio. Vacancies must be filled in the manner of original appointment.
D. The commission is dissolved upon the dedication of the monument.
TO AMEND TITLE 51, OF THE 1976 CODE, BY ADDING CHAPTER 18 TO ESTABLISH THE WAR BETWEEN THE STATES HERITAGE TRUST PROGRAM, TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO CHARITABLE CONTRIBUTIONS ALLOWED ON STATE INDIVIDUAL INCOME TAX RETURNS, SO AS TO ALLOW CONTRIBUTIONS TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY HELD IN TRUST PURSUANT TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND.
A. Title 51 of the 1976 Code is amended by adding:
Section 51-18-10. The following words or phrases have the definition given unless clearly specified otherwise:
(1) 'Commission' means the governing board of the War Between the States Heritage Trust Program.
(2) 'Advisory board' means the War Between the States Heritage Trust Advisory Board.
(3) 'Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain landforms, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics that are unique to and relatively undisturbed since the time period of the War Between the States.
(4) 'Natural feature' means an area of land or water or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of geological formations, or objects of special scientific, educational, aesthetic, or recreational character, which are unique to and relatively undisturbed since the time period of the War Between the States.
(5) 'Cultural area or feature' means an area or feature that provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of an historic area, as well as through study, investigation, and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.
(6) 'War Between the States Heritage Preserve' means a natural or cultural area or feature which is 'dedicated' under this chapter.
(7) 'War Between the States Heritage Site' means a natural or cultural feature that has been recognized as such through 'registration' under this chapter.
(8) 'Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a War Between the States Heritage Preserve in accordance with the procedures set out in Section 51-18-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the commission or the advisory board under this chapter:
(a) 'Acquisition' means the establishment of a War Between the States Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the commission for such purpose; or
(b) 'Acceptance' means the establishment of a War Between the States Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the commission for such purpose. Examples are granting of a 'conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.
(9) 'Register or registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the commission recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-18-100.
(10) 'Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the commission, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as War Between the States Heritage Preserves and Sites.
(11) 'The War Between the States Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use, and management of unique and outstanding natural or cultural areas and features in this State.
(12) 'War Between the States Heritage Trust' means the legal trust that is created under Section 51-18-90.
Section 51-18-20. The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the State rich in history be set aside as War Between the States Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for historic and cultural research and as living museums where people may observe and enjoy examples of the lands, structures, and related artifacts that represent significant parts of our historical and cultural heritage.
A coordinated and concerted program is needed to insure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing, and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so.
It is, therefore, the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of historically significant cultural areas and features by establishing a system of War Between the States Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of War Between the States Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
Section 51-18-30. The War Between the States Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:
(1) for research in such fields as history, archeology, agriculture, forestry, paleontology, and similar fields by governmental employees, educational and scientific groups, as well as by private individuals;
(2) for the teaching of history, archeology, agriculture, forestry, paleontology, and other subjects;
(3) as cultural materials;
(4) as places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy unique recreational opportunities of a type not generally available through the existing State Park System;
(5) to promote the understanding and appreciation of the aesthetic, historical, cultural, and scientific values of such areas and features by the people of the State;
(6) for the preservation and protection of War Between the States Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character; and
(7) as places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
Section 51-18-40. There is created a War Between the States Heritage Trust Commission which must consist of nine members. Three members must be appointed from the Senate by the President Pro Tempore of the Senate; three members must be appointed from the House of Representatives by the Speaker of the House; and three members must be appointed by the Governor with the advice and consent of the Senate, one at the recommendation of War Between the States historical groups such as Sons of Confederate Veterans and Daughters of the Confederacy, one at the recommendation of African-American historical groups such as Avery Institute, and one from historical, preservation, and archeological groups such as the South Carolina Historical Society and Daughters of the American Revolution. The terms of the members shall be coterminous with the term of their appointing authority. The commission shall elect a chairman from among its membership and such other officers as it shall deem necessary.
Section 51-18-50. The War Between the States Heritage Trust Commission shall have the following powers and duties:
(1) to select and employ a staff which shall be primarily responsible for the administration of the War Between the States Heritage Trust Program;
(2) to accept and utilize such other staff and support services as the House, Senate, or Governor's Office may from time to time make available to the commission to assist in fulfilling its duties and responsibilities under this chapter;
(3) to maintain a public record of any inventories or lists established under this chapter;
(4) to work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and/or cultural areas and features as War Between the States Heritage Preserves and Sites and keep the advisory board informed of the same in order that the advisory board may make recommendations to the commission, as provided under this chapter;
(5) to consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism, and any other state, county, or local unit of government, or any private entity or group which is or should be directly involved in the War Between the States Heritage Trust Program, as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the commission shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body;
(6) to serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder;
(7) to supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as War Between the States Heritage Preserves and Sites;
(8) to select from the recommendations of the advisory board those natural, manmade, and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features;
(9) to select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as War Between the States Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition;
(10) to select from the recommendations of the advisory board those War Between the States Heritage Preserves, interests therein, or portions thereof, deserving of protection under the War Between the States Heritage Trust and thereafter to transfer same into the corpus of the trust;
(11) to conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a War Between the States Heritage Preserve or Site, or on the uses or prohibited uses which shall apply to any area dedicated under the War Between the States Heritage Trust Program;
(12) to manage or provide for the management of War Between the States Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be assigned to any governmental or private group, with its consent, with respect to any particular War Between the States Heritage Preserve;
(13) to cooperate with and to enter into agreement with other state, federal, county, and local units of government, as well as private groups, for the promotion of the purposes of this chapter, including the carrying out of other requirements under federal and state law; and
(14) to report annually to the Governor and to the General Assembly as to the activities of the War Between the States Heritage Trust Program and its future plans and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.
Section 51-18-60. The War Between the States Heritage Trust Advisory Board is hereby created to assist the commission in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of eleven members who shall be chosen as follows and shall elect from its membership a chairman:
(1) From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor with the advice and consent of the Senate and serve for a term of six years. These persons shall be residents of the State who are recognized experts in the history and archeology of the State who have demonstrated an interest in historical, cultural, and natural preservation of historical sites and who have a background in South Carolina history and/or African-American history and/or Confederate history. The term 'expert' does not of necessity denote a professional but one learned and interested in the field.
(2) From state government, the following persons or their designees:
(a) the Chairman of the Board of the Department of Natural Resources;
(b) the Director of the South Carolina Department of Parks, Recreation and Tourism;
(c) the Chairman of the Board of the Department of Archives and History;
(d) the Chairman of the Board of the State Museum Commission; and
(e) the Curator or Director of the Confederate Relic Room.
Provided, however, of the initial appointees under this section, that of the six persons appointed under item (1) above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years.
Section 51-18-70. The War Between the States Heritage Trust Advisory Board shall have the following powers and duties:
(1) to review the inventories prepared and submitted by the commission and other state agencies, as well as other appropriate sources of information, and to recommend therefrom to the commission the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter;
(2) to evaluate, review, and examine proposals of the commission and other state agencies, as well as citizen recommendations, for the dedication or recognition of specific areas and features as War Between the States Heritage Preserves and Sites, and from its expertise to recommend to the commission the dedication or recognition of such areas and features which it feels proper;
(3) to recommend to the commission any rules, regulations, management criteria, allowable uses, and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter;
(4) to assist in maintaining a list of areas and sites which through dedication become War Between the States Heritage Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like; and
(5) to utilize the resources of the agencies represented on the board to do research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
Section 51-18-80. (A) Upon recommendation of the advisory board and approval by the commission, any area or feature on the Priority Areas and Features List may be established as a War Between the States Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written Dedication Agreement with the commission whereby any restrictions, conditions, permitted and non-permitted uses of the area or feature involved are clearly stated. Once the necessary deed, easement, or the like has been filed along with the Dedication Agreement in the real estate records for the county in which the area or feature is located, the process of dedication shall be complete and a War Between the States Heritage Preserve shall have formally been established.
(B) No area or feature of primarily cultural significance or character shall be dedicated without the approval of the commission. The following restrictions shall apply to all War Between the States Heritage Preserves:
(1) The primary dedication as a War Between the States Heritage Preserve shall be to preserve and protect the natural or cultural character of any area or feature so established. The commission and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best, and most important use for the public benefit. No War Between the States Heritage Preserve shall be taken for any other public purpose unless the approval of both the commission and the Governor has been obtained. In no case shall any War Between the States Heritage Preserve be taken for any private use.
(2) An acquisition by dedication shall be in perpetuity.
(3) In any case where an area or feature is dedicated as a War Between the States Heritage Preserve through acceptance of less than the fee simple interest therein, no management of such property shall be performed by state agencies or their employees and no public funds shall be utilized in the upkeep or general maintenance of such property; provided, in the case where public usage of such area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such, as defined under this chapter, reasonable costs of maintenance and management may be borne by the State.
(4) No acquisition of any area or feature as a War Between the States Heritage Preserve shall be allowed whereby the commission receives the fee simple interest in the property while the grantor or transferor retains the beneficial use or interests in the land, except where total and complete public usage of the area or feature, as allowed under this chapter, is agreed to in the Dedication Agreement.
(5) Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a War Between the States Heritage Preserve, or as soon thereafter as possible, the commission shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and prohibited uses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the War Between the States Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be allowed to have input into the proposed management plan. The plan shall be considered by the advisory board, and therefrom the advisory board shall propose to the commission an overall management plan for the area or feature concerned. Upon approval by the commission of a plan, the commission or that agency or group authorized by the commission shall manage the War Between the States Heritage Preserve in accordance therewith.
Section 51-18-90. There is hereby created the War Between the States Heritage Trust, the trustee of which shall be the War Between the States Heritage Trust Commission. The corpus of the trust shall be made up of those War Between the States Heritage Preserves which the commission considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree of preservation than that provided by dedication. The commission shall have authority to place into the corpus of the trust any War Between the States Heritage Preserve that it feels meets this criteria and which has been recommended for inclusion therein by the advisory board. The beneficiaries of this trust are and shall be the present and future generations of citizens of the State, more particularly those present and future citizens residing within a close proximity to any area or feature which itself, or an interest therein, becomes, constitutes, or comprises a part of the corpus of such trust and who actually enjoy use of such area or feature; and further and more particularly, those present and future students, teachers, and persons residing in the State who are concerned with conservation or with research in any facet of ecology, history, or archeology and who actually utilize any such area or feature for the promotion of such interest.
Wherever the term 'area or feature' is used in this section, it shall include 'or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature, which becomes a part of the corpus thereof:
(1) Upon approval by the commission of the inclusion of a War Between the States Heritage Preserve in the corpus of the War Between the States Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the War Between the States Heritage Trust.
(2) In any case wherein the previous owner of a War Between the States Heritage Preserve has restricted such area or feature from inclusion in the War Between the States Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the War Between the States Heritage Preserve involved shall not be allowed to become a part of the corpus of the War Between the States Heritage Trust unless, at a subsequent time, such approval is obtained from such person or his successor in interest.
(3) Upon the approval by the commission of the inclusion of any War Between the States Heritage Preserve in the War Between the States Heritage Trust and the transfer of the title or interest held by the commission therein to the trust, subject to the provisions of item (2) of this section, legal title to such area or feature shall be conveyed to the trustee of the War Between the States Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication.
(4) Upon approval by the advisory board, the commission and any agency of the State are hereby authorized to enter into agreement in advance with any person, firm, corporation, legal entity of government, or any private group that any particular area or feature shall be conveyed to the trustee in trust under the provisions of this chapter.
(5) Upon approval by the commission of inclusion of any War Between the States Heritage Preserve into the corpus of the War Between the States Heritage Trust, the advisory board shall review the management plan therefore, as well as the Dedication Agreement, and any other sources of information which it may consider appropriate. Upon approval thereof by the commission, the commission or that agency or group assigned management responsibilities therefore shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the Dedication Agreement, the following substantive terms shall be deemed to be set forth in the conveyance to the War Between the States Heritage Trust and the trustee shall hold such property in trust subject to such terms:
(a) The essential natural character of the property shall be maintained.
(b) There shall be no erection or any improvements thereon except those improvements necessary for the security, safety, or convenience of the public and those required for maintenance, historical interpretation, and management or to restore it to its War Between the States state.
(c) Cutting or burning of timber, wood, or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna, or wildlife; or for the establishment and maintenance of nature and hiking trails, picnic areas, camping areas, and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property.
(d) No stream shall be dammed or have its course altered except to return it to its natural flow.
(e) No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned.
(f) No change shall be made in the general topography of the area or feature, except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation or observation or to return worn or altered topographical features to their original historical features, and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result.
(g) No activity shall be allowed or permitted which might pollute any stream, body of water, or the atmosphere.
(h) No signs, billboards, or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area, historical interpretation, or feature as a War Between the States Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee.
(i) No other acts or uses which are detrimental to the retention of the property in its natural or historical state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation.
(j) Where cultural areas or features are involved, reasonable excavation, improvement, and the like shall be allowed for research purposes, as well as to restore such areas or features, and for historical interpretation.
(k) The trust shall continue in perpetuity.
(l) Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes.
(6) Those natural and related cultural areas and features that are acquired as War Between the States Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best, and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the War Between the States Heritage Trust; provided, however, that before any such condemnation shall occur a court of competent jurisdiction shall determine the following:
(a) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;
(b) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and
(c) that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the War Between the States Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the War Between the States Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The trustee of the trust shall have authority to utilize such proceeds to acquire additional property for the trust and to maintain those properties that form the corpus of the trust.
(7) The common law of South Carolina pertaining to trusts shall be applicable to the War Between the States Heritage Trust and to all areas or features, or interests therein, which become parts of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust.
(8) The trustee shall hold, manage, preserve, and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public and may employ or appoint agents to act on their behalf in the management of such properties.
Section 51-18-100. In any case wherein a priority feature is either unsuited or unavailable for acquisition as a War Between the States Heritage Preserve, the commission in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:
(1) The commission through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.
(2) The advisory board shall review such applications and shall recommend to the commission the approval of those which it deems worthy of preservation through registration as Heritage Sites.
(3) From the advisory board's recommendations, the commission shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.
(4) Upon approval of an application by the commission, the commission may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it.
(5) The commission shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.
(6) The registration agreement may be terminated by the owner or the commission at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the commission by the property owner.
(7) Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
Section 51-18-110. The commission shall annually request such appropriations as it deems necessary to carry out the activities of the commission and the advisory board. Funding for management of areas and features that become War Between the States Heritage Preserves must be specifically requested by the commission or that entity of government responsible for management thereof.
The commission shall select those War Between the States Heritage Preserves for which it is appropriate to charge an individual user fee. The commission may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all War Between the States Heritage Preserves where a permit is required. At the end of the fiscal year, the commission shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
Section 51-18-115. There is created the War Between the States Heritage Preserve Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain and no funds may be expended to acquire interest in property without the approval of a majority of the War Between the States Heritage Trust Commission. The commission shall report by letter to the Speaker of the House of Representatives and the President Pro Tempore of the Senate not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied. The trust fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any War Between the States Heritage Preserve acquired under this section, or products of the preserve such as timber, utility easement rights, and the like, accrue to the fund.
Section 51-18-118. The trust is authorized to receive and dispose of donations of real and personal property. In furtherance of this section the commission may:
(1) receive donations of real and personal property including, but not limited to, land, houses, stocks, and bonds;
(2) on its own or by its agent, sell donated property and deposit any proceeds to the Heritage Land Trust Fund for use in accordance with the purposes established in this chapter;
(3) establish minimum acceptable prices for disposition of donated property;
(4) trade donated property for property of equal value;
(5) promote donations to the program through advertising; or
(6) decline donations for any reason.
Section 51-18-120. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest, or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a War Between the States Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement, and the regulations of the commission applicable thereto.
Neither the acquisition of any War Between the States Heritage Preserve nor the registration of any Heritage Site nor any action taken by the commission under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a War Between the States Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
Section 51-18-130. (A) Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter. The Attorney General shall enforce the regulations of the commission both as they apply to those areas dedicated, as well as those that are subsequently made a part of the corpus of the War Between the States Heritage Trust. In exercise of this authority, the Attorney General, among other things, and at the request of the commission, may bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
(B) (1) A person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.
(2) A person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.
Section 51-18-140. Not more than twenty thousand acres of real property shall be acquired in fee under the provisions of this chapter. Moreover, no acquisition shall be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located.
Section 51-18-150. The War Between the States Heritage Trust Commission, as trustee for the War Between the States Heritage Preserve Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the War Between the States Heritage Preserve Trust Fund and planned acquisitions for the next five years."
B. Section 12-6-5060(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to as created by Section 20-7-5010, or the Eldercare Trust Fund of South Carolina established pursuant to as created by Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to as created by Section 20-7-9740 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
C. Section 12-37-220(B)(42) of the 1976 Code, as added by Section 59E, Part II, Act 100 of 1999, is amended to read:
"(42) Property held in trust under the provisions of Chapter 18 of Title 51 and All all real property of charitable trusts and foundations held for historic preservation of forts and battlegrounds which extends beyond the buildings and premises actually occupied by the charitable trusts and foundations which own the real property if no profit or benefit from any operation on the charitable trusts' and foundations' real property inures to the benefit of any private stockholder or individual and no income producing ventures are located on the charitable trusts' and foundations' real property. This exemption does not change any exemption provided for charitable trusts and foundations in item (4) of subsection (A) of this section and item (d), Section 3, Article X of the Constitution of this State but is an additional exemption for charitable trusts and foundations for historic preservation, as provided in this item."
D. This section takes effect July 1, 2000.
TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.
A. Section 22-3-10 of the 1976 Code, as last amended by an unnumbered act of 2000, bearing ratification number 225, is further amended to read:
"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven fifteen thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven fifteen thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven fifteen thousand five hundred dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven fifteen thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven fifteen thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven fifteen thousand five hundred dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven fifteen thousand five hundred dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven fifteen thousand five hundred dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven fifteen thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven fifteen thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."
B. This section takes effect July 1, 2000.
TO AMEND SECTION 14-1-208, AS AMENDED, OF THE 1976 CODE, RELATING TO ASSESSMENTS IMPOSED IN MUNICIPAL COURT, SO AS TO INCREASE THE ASSESSMENT FROM SEVENTY-FOUR PERCENT OF THE FINE IMPOSED TO EIGHTY-SEVEN PERCENT, TO PROVIDE THAT THE ADDITIONAL MONIES COLLECTED ARE REMITTED TO THE STATE TREASURER FOR THE GOVERNOR'S TASK FORCE ON LITTER, AND TO EXEMPT THE EXPENDITURE OF THESE FUNDS FROM THE PROVISIONS OF CHAPTER 35 OF TITLE 11; AND TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO ELIMINATE THE REQUIREMENT THAT A PORTION OF THE FINES IMPOSED FOR VIOLATIONS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL PROGRAM.
A. Subsections (A), (B), and (C) of Section 14-1-208 of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:
"(A) Beginning January 1, 1995 October 1, 2000, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 74 87 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.
(B) The city treasurer must remit 16.22 13.79 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments received as follows:
(1) 21.63 17.88 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 21.39 17.68 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .56 .47 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4) 15.98 13.21 percent for the State Office of Victim Assistance;
(5) 5.84 4.83 percent to the general fund;
(6) 16.26 13.44 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.37 1.13 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8) .84 .69 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a "first received, first paid" basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;
(9) 16.13 13.33 percent for the programs established pursuant to Section 56-5-2953(E);
(10) 17.34 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply."
B. Items (1) and (2) of Section 16-11-700(C) of the 1976 Code, as last amended by Act 100 of 1999, are further amended to read:
"(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the states general fund and used by the Office of the Governor to fund a litter control campaign."
C. This section takes effect October 1, 2000.
TO AMEND TITLE 1 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 28, SO AS TO CREATE THE INTERGOVERNMENTAL COUNCIL ON SUSTAINABLE DEVELOPMENT FUND TO MAKE FUNDS AVAILABLE TO ASSIST STATE AGENCIES, REGIONAL COUNCILS, AND LOCAL POLITICAL SUBDIVISIONS IN THE DEVELOPMENT OF PROGRAMS THAT ENCOURAGE SUSTAINABLE DEVELOPMENT PLANNING; TO REQUIRE PROGRAMS AT THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY TO DEVELOP A PLAN ANNUALLY FOR THE IMPROVEMENT OF SUSTAINABLE DEVELOPMENT PRACTICES; AND TO ESTABLISH A COUNCIL TO APPROVE AND OVERSEE PROJECTS UNDERTAKEN WITH MONIES FROM THE FUND.
Title 1 of the 1976 Code is amended by adding:
Section 1-28-10. There is created within the State Treasury the Intergovernmental Council on Sustainable Development Fund, separate and distinct from the general fund of the State, to ensure the availability of funds to provide for research, educational and technical assistance to state agencies, regional councils, and local political subdivisions relating to the development of plans, programs, strategies, or studies that encourage sustainable development planning. The fund must be financed by funds that the General Assembly designates for these purposes and expended only in accordance with the provisions of this chapter.
Section 1-28-20. The University of South Carolina Institute of Public Affairs' Center for Environmental Policy is authorized to expend monies in the Intergovernmental Council on Sustainable Development Fund only as provided in this chapter. The Institute of Public Affairs' Center for Environmental Policy shall work jointly with Clemson University's Strom Thurmond Institute to establish annually a comprehensive program of research, educational and technical assistance with a primary emphasis on improving sustainable development planning practices for state agencies, regional councils, and local political subdivisions. Improvement of sustainable development practices may include, but are not limited to:
(1) encouraging cost efficient land and infrastructure development;
(2) minimizing negative environmental consequences that may be associated with development;
(3) promoting natural resource conservation;
(4) encouraging the redevelopment of blighted lands;
(5) supporting the location of stores, offices, residences, schools, recreational spaces, and other public facilities within walking distance of each other in compact neighborhoods that are designed to provide alternate opportunities for easier movement and interaction;
(6) providing a variety of housing choices, so that young, old, single persons and families, and those of varying economic ability may find a place to live;
(7) supporting walking, cycling, and transit as attractive alternatives to driving and lowering traffic speeds in neighborhoods;
(8) connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities and by integrating development and land use with transit routes and stations;
(9) improving the development review process and development standards so that developers are encouraged to apply the principles stated above; and
(10) identifying growth and land resource development issues that affect sustainable development.
Section 1-28-30. (A) There is created an Intergovernmental Council on Sustainable Development. The council shall:
(a) approve and oversee the provision of research, educational and technical assistance to state agencies, regional councils and local political subdivisions regarding the promotion and development of plans, programs, strategies or studies that encourage sustainable development practices; and
(b) approve funding and oversee projects authorized pursuant to this chapter.
(B) Notwithstanding any other provision of law, the council is composed of:
(a) the Governor or his designee;
(b) the Superintendent of Education or his designee;
(c) the Secretary of Commerce or his designee;
(d) the Director of the Department of Transportation or his designee;
(e) the Director of the Department of Health and Environmental Control or his designee;
(f) the Director of the Department of Natural Resources or his designee;
(g) the Director of the South Carolina Budget and Control Board or his designee;
(h) the Director of the University of South Carolina's Institute of Public Affairs or his designee, who is a nonvoting member of the council;
(i) the Director of Clemson University's Strom Thurmond Institute or his designee, who is a nonvoting member of the council;
(j) one member representing environmental interests appointed by the Governor;
(k) one member representing business and industry appointed by the Governor;
(l) the President of the South Carolina Municipal Association;
(m) the President of the South Carolina Association of Counties;
(n) the President of the South Carolina Chapter of the American Planning Association; and
(o) one public member appointed by the Governor.
(C) The Chairman of the Intergovernmental Council on Sustainable Development must be elected from the council membership and shall serve a three-year term.
(D) The council shall meet at least twice a year to review and approve an annual work program and associated expenditures. The council shall submit to the Governor and the General Assembly an annual report before March fifteenth on all projects and funds expended pursuant to this chapter.
(E) Members of the council shall receive the usual per diem, subsistence and mileage that are provided by law for members of state boards, committees, and commissions which must be paid from the Intergovernmental Council on Sustainable Development Fund.
(F) No more than ten percent of the amount authorized by the General Assembly for the Intergovernmental Council on Sustainable Development Fund may be expended to provide administrative support to the council.
Section 1-28-40. The annual comprehensive program developed pursuant to Section 1-28-20, along with proposed expenditures, must be submitted for review and approval by the Intergovernmental Council on Sustainable Development. A mid-year progress report also must be submitted for review and approval by the council. Annually the council shall submit a report on the activities of the council to the Governor and the General Assembly."
TO AMEND SECTION 12-28-2910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT AND THE GASOLINE AND MOTOR FUEL TAX REVENUE DEDICATED ANNUALLY TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE THAT AN AMOUNT NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS OF FUND REVENUES MAY BE USED TO PROMOTE ECONOMIC DEVELOPMENT IN COMMUNITIES ADVERSELY IMPACTED BY THE CLOSURE OF AN APPLICABLE FEDERAL MILITARY INSTALLATION; AND TO REPEAL SECTION 12-27-1270, RELATING TO A REDUNDANT AND OBSOLETE VERSION OF SECTION 12-28-2910.
A. Section 12-28-2910 of the 1976 Code, as last amended by Act 145 of 1995, is further amended by adding a paragraph at the end to read:
"If an applicable federal military installation is closed after June 30, 2000, an amount equal to not less than five hundred thousand dollars of the Economic Development Account may be used by the council to promote economic development in communities adversely impacted by the closing. For purposes of this paragraph, 'applicable federal military installation' has the meaning provided in Section 12-14-30(2)."
B. Section 12-27-1270 of the 1976 Code is repealed.
TO AMEND ARTICLE 11, CHAPTER 1, TITLE 13 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE WORD "ADVISORY" FROM THE DESIGNATION OF THE COUNCIL, TO PROVIDE FOR MEMBERSHIP ON THE COUNCIL OF THE SOUTH CAROLINA RESEARCH AUTHORITY IN THE PLACE OF THE SMALL AND MINORITY BUSINESS EXPANSION COUNCIL, TO INCLUDE OTHER ECONOMIC DEVELOPMENT PROJECTS IN GRANT APPROVALS, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 12-10-85, RELATING TO THE PURPOSE AND USE OF STATE RURAL INFRASTRUCTURE FUNDS, SO AS TO SPECIFY QUALIFYING INFRASTRUCTURE AND OTHER ECONOMIC DEVELOPMENT ACTIVITIES AND TO REDEFINE "LOCAL GOVERNMENT" TO MEAN A COUNTY OR GROUP OF COUNTIES PURSUANT TO SECTION 4-9-20 INSTEAD OF A MUNICIPALITY ORGANIZED PURSUANT TO TITLE 5.
A. Article 11, Chapter 1, Title 13 of the 1976 Code is amended to read:
Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist consists of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman Director of the South Carolina Department of Revenue, and the Chairman of the Small and Minority Business Expansion Council South Carolina Research Authority. The Secretary of Commerce shall serve serves as the chairman of the advisory coordinating council.
Section 13-1-1720. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include that include:
(1) development and revision of a strategic state plan for economic development. 'Strategic state plan for economic development' means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;
(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities or of the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member agencies of the advisory coordinating council and its advisory committees;
(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;
(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.;
(6) approval of infrastructure and other economic development grants for local units of government pursuant to Section 12-21-2434;
(7) approval of infrastructure development grants for local units of government pursuant to Article 27, Chapter 21, Title 12 Section 12-21-6540.
(B) The advisory coordinating council may not engage in the delivery of services.
Section 13-1-1730. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually, in the Department of Commerce's annual report, on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.
Section 13-1-1740. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.
(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in This section does not limits limit an agency's direct access to the General Assembly, and comment by the advisory coordinating council is not a part of the budget process.
Section 13-1-1750. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations and relevant to the economic growth and development of the State which is available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.
Section 13-1-1760. If any a provision of Sections 13-1-1710 through 13-1-1760 13-1-1770 is in conflict conflicts with any an existing provisions provision of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1710 through 13-1-1760 13-1-1770 have a later effective date, the prior earlier provision controls. Neither Sections 13-1-1710 through 13-1-1760 13-1-1770 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved.
Section 13-1-1770. (A) The Advisory coordinating council for Economic Development shall establish the 'Downtown Redevelopment Program' for the purpose of making grants for revitalizing and enhancing the viability of downtown areas through partnerships of municipal government, county government, and private investors.
(B) The council shall establish the program guidelines, regulations, and criteria by which grants must be evaluated and awarded including, but not limited to:
(1) a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
(2) completing completion of an economic impact before an award is made."
B. Section 12-10-85 of the 1976 Code, as added by Act 462 of 1996, is amended to read:
"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 infrastructure and other economic development activities including, but not limited to:
(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 'underdeveloped' as defined in Section 12-6-3360 according to guidelines established by the council. However, except that up to twenty-five percent of the funds annually available in excess of five million dollars must be set aside for grants to areas of 'moderately developed' and 'developed' counties. A County governing bodies body of a 'moderately developed' or 'developed' county must apply to the council for these set-aside grants stating the reasons that certain areas of their the county qualify for these grants because they the conditions in that area of the county are comparable to those conditions qualifying a county as 'least developed' or 'underdeveloped'.
(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, or group of counties, organized pursuant to Section 4-9-20(a), (b), (c), or (d).
(D) The council shall submit a report to the Governor and General Assembly by March fifteenth covering activities for the prior calendar year."
C. This section takes effect July 1, 2000.
TO AMEND SECTION 38-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT TAXES ON PREMIUMS FOR FLOOD INSURANCE BE DEPOSITED TO THE DEPARTMENT OF NATURAL RESOURCES AND DESIGNATED TO FLOOD MITIGATION EFFORTS EFFECTIVE JUNE 30, 2001.
A. Section 38-7-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-7-20. (A) In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the director or his designee an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected by the company in the State during each calendar year ending on the thirty-first day of December.
(B) For life insurance, the insurance premium tax levied herein by this section is equal to three-fourths of one percent of the total premiums collected. For all other types of insurance, the insurance premium tax levied herein is equal to one and one-fourth percent of the total premiums collected. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.
(C) The insurance premium taxes collected by the director or his designee pursuant to this section must be deposited by him in the general fund of the State, except that all taxes collected from premiums for flood insurance must be deposited with the Department of Natural Resources and designated for use by the department for flood mitigation in this State. Flood mitigation activities include flood hazard mapping, gauge recording stations installation, local government assistance, and support staffing for these activities."
B. This section takes effect June 30, 2001.
TO AMEND ARTICLE 1, CHAPTER 7, TITLE 52 OF THE 1976 CODE, RELATING TO THE STATE ATHLETIC COMMISSION, BY ADDING SECTION 52-7-36 SO AS TO PROVIDE FOR LICENSING, BONDING, PERMITTING, REGULATION, AND TAXING OF CLOSED CIRCUIT TELECASTS FOR PAY AND TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THE REQUIREMENTS.
A. Article 1, Chapter 7, Title 52 of the 1976 Code is amended by adding:
"Section 52-7-36. (A) As used in this section:
(1) 'Professional boxing' means competing for value with the fists.
(2) 'Professional boxing match' means a match in which the participants engage in the use of boxing techniques for value with the object of winning by decision, knockout, or technical knockout, or displaying boxing skills and techniques without striving to win.
(3) 'Professional wrestling' means engaging in wrestling for value during a permitted match according to a choreographed story line.
(4) 'Professional wrestling match' means an event where participants engage in wrestling for value according to a choreographed story line.
(5) 'Broadcast' means any audio or visual transmission sent by means of signal within, into, or from this State, whether live, taped, or time-delayed, and including replay.
(6) 'Closed circuit telecast' means a telecast not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the term 'pay-per-view'. This definition includes, but is not limited to, telecasts to arenas, bars, clubs, entertainment or meeting centers, and private residences.
(7) 'Face value' means the dollar value of a ticket or order reflecting the dollar amount the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority, in order to view the match. It includes charges or fees such as dinner, gratuity, parking, surcharges, or other charges or fees charged to the customer in order to view the match. It excludes a portion paid by the customer for federal, state, or local taxes. A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public.
(8) 'Gross receipts' means the total of the gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges, plus the portion of the receipts from the sale of souvenirs, programs, and other concessions received by the promoter, plus the face value of all tickets sold and complimentary tickets redeemed.
(9) 'Match' means any contest or exhibition in which there is or there is intended to be contact and includes any event, engagement, sparring or practice session, show, or program where the public is admitted. This definition does not include training or practice sessions if admission is not charged.
(10) 'Person' means an individual, group of individuals, business, corporation, partnership, or any other individual or collective entity.
(11) 'Professional' means:
(a) a person who has received or competed for any purse or other article of value for participating in a match; or
(b) competition for a purse or other article of value.
(12) 'Promoter' means a person or any officer, director, employee, or stockholder of a person who produces, arranges, stages, holds, or gives a match in South Carolina involving a professional participant, or shows or causes to be shown in South Carolina, a closed circuit telecast of a match involving a professional participant, whether or not the telecast originates in South Carolina.
(13) 'System operator' means a person who broadcasts or telecasts a closed circuit telecast regardless of the technology used to transmit or receive the broadcast or telecast.
(B) A person who acts as or performs the services of a promoter must first obtain a promoter license. A license for a promoter may be issued to a person, corporation, or partnership, except that each officer or partner shall submit an application for licensure. Only those officers or partners whose applications are on file and approved may negotiate or sign contracts.
(C) (1) An applicant for a promoter license must submit a surety bond in a base amount of five thousand dollars. The commission may require an additional surety bond to be filed when the projected liability for a match may exceed the base amount. The surety bond is negotiable upon the sole authority of the commission and the sufficiency of the bond or the surety is subject to the sole approval of the commission.
(2) A surety bond must be submitted on a form approved by the Department of Labor, Licensing and Regulation and supplied by the commission, and accompanied by a nonexpiring power of attorney. The surety bond must be conditioned upon the faithful performance by the promoter of his obligations pursuant to this section. The annual liability of the surety for all obligations and fees is the face amount of the bond.
(3) Instead of a surety bond, the promoter may deposit with the commission cash, a certified check, or money order in an equivalent amount and subject to the same conditions as the bond. The security may not be returned to the promoter until sixty days following the date of receipt of the tax payment for the most recent promotion for which the security was used instead of the bond. At the end of that time and upon the written request of the depositor, if there is no outstanding claim against the security, the security must be returned to the depositor. The security is negotiable upon the sole authority of the commission.
(4) Recovery may be made against any bond, cash, or other security in the same manner as penalties are recoverable at law.
(D) The promoter of a closed circuit telecast first must apply for, and the commission must approve, a permit for the telecast. The application for permit must be on a form provided by the commission and contain the date of the broadcast, the origination address of the broadcast, a statement that the applicant acknowledges responsibility for the payment of taxes to the commission, the time by which the post-event tax reports must be filed, the portion of the closed circuit rights the promoter acknowledges responsibility for, and other information the commission considers necessary to carry out the provisions of this section. There is no fee for the closed circuit telecast permit. The permit must be filed at least twenty working days before the date of the broadcast.
(E) (1) Where distribution rights in this State for a closed circuit telecast viewed in this State are in whole owned by, sold to, acquired by, or held by a person who intends to sell, sells or, otherwise extends the rights in part to another, that person is a promoter and before the telecast must be licensed as a promoter by the commission. The commission may provide for additional licensed promoters to participate in the distribution rights and share in the liability for tax payments to the commission. Closed circuit telecasts of a professional boxing match may not be telecast from, in, or into South Carolina except by a promoter licensed in this State and that promoter is responsible for filing the appropriate reports and tax payments with the commission as provided in this section.
(2) In the case of closed circuit telecasts other than pay-per-view, the promoter shall notify the commission of the names and addresses of all facilities to or through which the closed circuit telecast will be shown ten working days before the date of the closed circuit event, and shall provide daily updates to the commission of any additions and deletions of facilities.
(3) Any person or facility owner or operator intending to show the closed circuit telecast, whether or not an admission fee is charged, must receive authorization to show the telecast from the promoter before the telecast and the showing of a closed circuit telecast without the authorization of the licensed promoter is prohibited. This prohibition includes the delayed showing of a closed circuit telecast. The commission shall furnish names of violators of this item to the Attorney General's office for prosecution.
(4) Within eight calendar days after the closed circuit telecast is shown, other than at a system operator's pay-per-view facilities, the promoter shall file with the commission a written report detailing the name, address, telephone number, contact person's name, and details of the payment arrangement for the right to receive the telecast for each facility to which the broadcast was transmitted. The report must be accompanied by a tax payment of three percent of the total amount paid to the promoter for the right to broadcast the telecast. The commission may require the facility owner or operator where the telecast is shown to file a report containing information regarding the amount paid to the promoter for the right to broadcast the telecast, the quality of the audio and video signal, and other information the commission considers appropriate.
(5) In the case of a system operator's pay-per-view facilities at or through which a closed circuit telecast is shown, the promoter, within fifteen calendar days of receipt of the notice of tax payment from the commission, shall file with the commission a tax payment of three percent of the total gross receipts. The commission shall require the system operator to file reports containing information regarding the number of orders sold, the price charged for each order, and other information the commission considers appropriate. A system is not liable to the commission for the tax payment but a system may bill its customers for the tax payment. The commission shall provide the promoter a report detailing the number of orders and the tax payment due.
(F) The tax payments to the commission required by this section must be deposited by the commission for use in carrying out its responsibilities pursuant to this article, in an amount up to and including one hundred twenty-five thousand dollars. Tax revenues in excess of one hundred twenty-five thousand dollars must be deposited with the State Treasurer as part of the state's general fund.
(G) Any promoter, facility owner or operator, or system operator who willfully:
(a) makes a false and fraudulent report required by this section is guilty of perjury and, upon conviction, is subject to penalties imposed in this section and in other provisions of law;
(b) fails, neglects, or refuses to make a report or to pay the taxes as prescribed by this section or refuses to allow the commission to examine the books, papers, and records of a promotion is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than ninety days, or both.
(H) The commission shall establish penalties for the late payment of taxes and the late filing of reports, and shall prescribe conditions under which a fine may be waived.
B. This section takes effect July 1, 2000.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-75 SO AS TO AUTHORIZE THE MILITARY DEPARTMENT THROUGH THE ADJUTANT GENERAL TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR ENLISTING OR REMAINING IN THE SOUTH CAROLINA NATIONAL GUARD IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM.
The 1976 Code is amended by adding:
"Section 59-111-75. The Military Department through the Adjutant General, in consultation with the staff of the South Carolina Student Loan Corporation, shall develop a loan repayment program whereby talented and qualified state residents may attend state public or private colleges and universities for the purpose of providing incentives for enlisting or remaining in the South Carolina National Guard in areas of critical need. Areas of critical need must be defined annually for that purpose by the state Adjutant General. The Adjutant General shall promulgate appropriate regulations to set forth the terms of the loan repayment program, upon the advice of a loan repayment advisory board. The loan repayment advisory board shall consist of the Adjutant General, the State Command Sergeant Major, and three commissioned officers of the South Carolina National Guard. The Governor, Superintendent of Education, and the Adjutant General each shall appoint one such officer. The regulations shall define limitations on monetary repayment amounts, successful participation within the National Guard, successful school matriculation, and other requirements for participation in the loan repayment program. In case of failure to complete the term of enlistment, failure to successfully participate in the National Guard, noncompliance by a borrower with the terms of the loan, or failure to comply with regulations of the program, the borrower's participation in the loan repayment program may be terminated and the borrower remains subject to those provisions as provided in the loan documents. The borrower shall execute the necessary legal documents to reflect his obligation to the lending entity and the terms and conditions of the loan. The loan program, as implemented herein shall be administered by a separate student loan provider. Of the funds appropriated by the General Assembly for the loan repayment program, such funds must be retained in a separate account and used on a revolving basis for purposes of the loan repayment program. The State Treasurer shall disburse funds from this account as requested by the Adjutant General and upon warrant of the Comptroller General. Funds in the account and any earnings thereon may be carried forward in succeeding fiscal years and used for the purposes of the loan repayment program. The Adjutant General shall review the loan program annually and report to the General Assembly on its progress and results."
TO AMEND SECTION 1-30-110, RELATING TO THE ENTITIES INCORPORATED INTO AND ADMINISTERED AS PART OF THE OFFICE OF THE GOVERNOR, SO AS TO ADD THE EMERGENCY PREPAREDNESS DIVISION; TO AMEND SECTION 25-1-420, RELATING TO THE EMERGENCY PREPAREDNESS DIVISION OF THE OFFICE OF ADJUTANT GENERAL, SO AS TO TRANSFER THIS DIVISION FROM THE ADJUTANT GENERAL'S OFFICE TO THE GOVERNOR'S OFFICE; TO AMEND SECTION 49-23-60, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATEWIDE DROUGHT RESPONSE COMMITTEE, SO AS TO MAKE A CONFORMING CHANGE; AND TO PROVIDE FOR THE TRANSITION OF EMPLOYEES AND PROPERTY ON JULY 1, 2000.
A. Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-110. Effective July 1, 1993, The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.; and
(8) Emergency Preparedness Division, provided for in Chapter 1 of Title 25."
B. Section 25-1-420 of the 1976 Code is amended to read:
"Section 25-1-420. There is established within the office of the Adjutant General Governor the South Carolina Emergency Preparedness Division (division).
The division shall be administered by a director appointed by the Adjutant General, Governor, to serve at his pleasure pursuant to Section 1-3-240(B), and such additional staff as may be employed or appointed by the Adjutant General Governor.
The division shall be is responsible for the implementation of the following:
(a) coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan;
(b) conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan;
(c) establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force;
(d) establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information."
C. Section 49-23-60(a)(1) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"(1) A statewide committee composed of the following state agencies: South Carolina Emergency Preparedness Division of the office of the Adjutant General Governor, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources."
D. (A) The employees, authorized appropriations, bonded indebtedness, if any, and real and personal property of the Emergency Preparedness Division of the office of the Adjutant General are transferred to and become part of the office of the Governor. The classified or unclassified personnel of this division employed on the effective date of this section, either by contract or by employment at will, shall become employees of the office of the Governor, 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, in consultation with the Adjutant General and the Governor, shall prescribe the manner in which the transfer provided for in this section must be accomplished.
(B) Employees or personnel of the division transferred to the office of the Governor pursuant to the terms of this section shall continue to occupy the same office locations and facilities as 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 Adjutant General's office unless otherwise provided by the General Assembly. The records and files of the Adjutant General's office shall continue to remain the property of this office, except that the transferred employees shall have complete access to these records and files in the performance of their duties as new employees of the office of the Governor.
E. This section takes effect on July 1, 2000.
TO REENACT CHAPTER 53 OF TITLE 2 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE COMMITTEE ON ENERGY.
A. Chapter 53 of Title 2 of the 1976 Code is reenacted to read:
Section 2-53-10. (A) There is created the Joint Legislative Committee on Energy with powers and duties as provided in this chapter. The committee consists of five members appointed from the Senate by the President Pro Tempore and five members appointed from the House of Representatives by the Speaker of the House. The terms of the committee are coterminous with their terms of office as members of the General Assembly. Vacancies on the committee must be filled in the manner of original appointment. The members of the committee must be paid the usual per diem, mileage, and subsistence provided by law for members of boards, commissions, and committees to be paid from the funds appropriated to the respective Houses of the General Assembly.
(B) Notwithstanding Section 8-13-770 of the 1976 Code or any other provision of law, members of the General Assembly may be appointed to and serve on the commission.
Section 2-53-20. (A) All powers and duties are devolved upon the committee to study the:
(1) problems related to the regulation of drilling, exploration, production, and processing of oil and gas;
(2) Committee to Investigate Electric Power Rates and the structure of the Public Service Commission;
(3) Committee on Fuel Allocation and Energy; and
(4) Nuclear Advisory Council.
(B) In addition, the committee has the power and duty to:
(1) make a detailed study of all laws of the State relating, directly or indirectly, to energy, and to make recommendations to the General Assembly:
(a) for the development and implementation of a comprehensive state energy plan:
(b) for the revision and updating of this state's laws relating to energy;
(c) to correspond this state's laws to federal laws and guidelines relating to energy;
(d) for long-range energy planning including, but not limited to, the feasibility of alternative sources of energy and recommend steps to take due to any emergency relating to energy; and
(2) review the operations of state agencies and departments administering energy-related programs and make recommendations for alternative state energy management structures in conformance with the comprehensive state energy plan as approved by the General Assembly.
Section 2-53-30. The members of the committee shall meet as soon as practicable after their appointment and shall elect a chairman, vice-chairman, and other officers as necessary. At its first meeting, the committee also shall adopt rules for the purpose of governing its internal proceedings. Six members constitute a quorum at all meetings. The committee shall meet at least quarterly and at other times designated by the chairman. The committee may employ professional and clerical staff necessary to perform its duties, within the limit of funds appropriated to the committee.
Section 2-53-40. Unclassified staff of the previous Joint Legislative Committee on Energy transferred to the Governor's Nuclear Advisory Council pursuant to Section 13-7-860 are hereby transferred to the reenacted Joint Legislative Committee on Energy.
Section 2-53-50. The legal staffs of the House of Representatives and the Senate shall provide such legal services as the committee requires in the performance of its duties."
B. The section takes effect July 1, 2000.
TO AMEND SECTION 12-36-140 OF THE 1976 CODE, RELATING TO THE DEFINITIONS OF "STORAGE" AND "USE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT AND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO CLARIFY THAT THE SOUTH CAROLINA SALES AND USE TAX DOES NOT APPLY TO THE DISTRIBUTION OF DIRECT MAIL ADVERTISING MATERIALS WHICH ARE DISTRIBUTED IN THIS STATE BY ANY PERSON ENGAGED IN THE BUSINESS OF PROVIDING COOPERATIVE DIRECT MAIL ADVERTISING.
A. Section 12-36-140(C) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(C) 'Storage' and 'use' do not include the keeping, retaining, or exercising of any right or power over tangible personal property:
(1) for the exclusive purpose of subsequently transporting it outside the State for first use,; or
(2) for the purpose of first being manufactured, processed, or compounded into other tangible personal property to be transported and used solely outside the State; or
(3) for the purpose of being distributed as cooperative direct mail promotional advertising materials by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
B. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) cooperative direct mail promotional advertising materials delivered by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
C. This section takes effect June 1, 2001.
TO AMEND SECTION 12-6-1120, AS AMENDED, OF THE 1976 CODE, RELATING TO MODIFICATIONS TO SOUTH CAROLINA GROSS INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE EXCLUSION OF GAIN ON A LIKE KIND EXCHANGE OF REAL PROPERTY WHEN THE PROPERTY RECEIVED IS NOT LOCATED IN THIS STATE, TO REPEAL SECTION 12-6-1180, RELATING TO SPECIAL RULES FOR DETERMINING BASIS IN REAL PROPERTY ACQUIRED IN A LIKE KIND EXCHANGE, AND TO MAKE THIS SECTION APPLY FOR TAXABLE YEARS BEGINNING AFTER 1998.
A. Section 12-6-1120(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3) Reserved The exclusion permitted by Internal Revenue Code Section 1031 is not permitted for the sale or exchange of real estate located in this State unless the real estate received in the exchange is located in this State."
B. Section 12-6-1180 of the 1976 Code is repealed.
C. This section applies for taxable years beginning after 1998.
TO AMEND SECTION 12-37-2735 OF THE 1976 CODE, RELATING TO THE PERSONAL PROPERTY TAX RELIEF FUND, SO AS TO RECONSTITUTE THE FUND AS THE LOCAL MATCH PERSONAL PROPERTY TAX RELIEF FUND TO WHICH MUST BE CREDITED ANNUALLY THE SUM OF SIXTY MILLION DOLLARS ALLOCATED TO INDIVIDUAL COUNTY ACCOUNTS BASED ON PERSONAL MOTOR VEHICLE REGISTRATIONS, TO AUTHORIZE A COUNTY TO DRAW ON THIS ACCOUNT, TO REDUCE AD VALOREM TAXES ON PERSONAL MOTOR VEHICLE IF THE COUNTY MATCHES THE SUM IN ITS ACCOUNT FROM EXISTING COUNTY REVENUES, TO REQUIRE ALL REVENUES OF THE COUNTY FUND AND THE COUNTY MATCH TO BE USED TO REDUCE AD VALOREM TAXES ON PERSONAL MOTOR VEHICLES BASED ON FAIR MARKET VALUE, AND TO PROVIDE THAT ACCOUNTS NOT MATCHED REVERT TO THE GENERAL FUND OF THE STATE AND MUST BE APPROPRIATED FOR TAX RELIEF AS THE GENERAL ASSEMBLY DIRECTS.
A. Section 12-37-2735 of the 1976 Code, as added by Section 111 of Part II of Act 100 of 1999, is amended to read:
"Section 12-37-2735. (A) There is established in the State Treasury a separate and distinct fund to be known as the Personal Property Tax Relief Fund to which must be credited not more than nor less than twenty million dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principal. The fund must be used to make allocations available to the counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. The allocation drawn from the fund must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle. There is established in the State Treasury a separate and distinct fund to be known as the Local Match Personal Property Tax Relief Fund. Beginning with fiscal year 2000-2001 and each fiscal year thereafter, the State Treasurer is directed to allocate and transfer sixty million dollars to the Local Match Personal Property Tax Relief Fund. All transfers and all other monies appropriated or deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principle. The fund must be used to make allocations available to the several counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Local Match Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each, established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. Allocations in the fund may be drawn on by a county in whole or in part and must be distributed by the Comptroller General under the following conditions:
(1) the county governing body must hold at least one public hearing to inform the citizenry that funds have been allocated in the Local Match Personal Property Tax Relief Fund and are available for distribution to the county for the purpose of reducing the ad valorem tax on personal motor vehicles and to inform the citizenry of the eligibility requirements placed on the county;
(2) the county governing body must set aside an amount of funds equal to the amount to be drawn from the Local Match Personal Property Tax Relief Fund county allocation from revenues which are not derived from nor are the result of the imposition of a new fee or tax, and which are not derived from nor are the result of an increase in an existing fee or tax;
(3) the county must certify to the Comptroller General that it has held the required public hearing, that it has set aside an amount of funds equal to the amount the county intends to draw against the allocation it is eligible to receive from the Local Match Personal Property Tax Relief Fund, and that the funds set aside are from the existing county revenues and are for no other purpose but to match the allocation from the fund;
(4) the aggregate of the state allocation drawn from the fund and the local match must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle; and
(5) any allocation in a fiscal year which has not been drawn in accordance with the provisions of this item as of January 31 of the succeeding year must revert to the general fund and must be appropriated for tax relief as the General Assembly may direct."
B. This section takes effect July 1, 2000.
TO AMEND SECTION 1-1-1210 OF THE 1976 CODE, RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO REFLECT CURRENT SALARIES AND TO PROVIDE FOR ANNUAL SALARY INCREASES EFFECTIVE WHEN THESE OFFICERS ASSUME OFFICE IN 2003.
A. Section 1-1-1210 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000 106,078
Lieutenant Governor 43,000 46,545
Secretary of State 85,000 92,007
State Treasurer 85,000 92,007
Attorney General 85,000 92,007
Comptroller General 85,000 92,007
Superintendent of Education 85,000 92,007
Adjutant General 85,000 92,007
Commissioner of Agriculture 85,000 92,007
These salaries must be increased by two percent or the amount of the general cost of living increase for classified employees for that year, whichever is less on July 1, 1991, 2003, 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."
B. The amendment to Section 1-1-1210 of the 1976 Code as contained in subsection A. of this section is effective when the state officers listed in the section assume office in 2003.
TO AMEND SECTIONS 9-1-10, 9-1-470, 9-1-1140, 9-1-1510, AND 9-1-1515, ALL AS AMENDED, 9-1-1540, 9-1-1550 AND 9-1-1770, BOTH AS AMENDED, 9-8-80, 9-9-80, 9-11-20, AS AMENDED, 9-11-160, 9-1-1650, AS AMENDED, 9-1-1660, 9-1-1850, AS AMENDED, AND 9-1-1910, OF THE 1976 CODE, ALL RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE RETIREMENT PAYMENT PROVISIONS UPON THE DEATH OF A RETIRED MEMBER, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT; TO ADD SECTION 9-1-1615 SO AS TO PROVIDE FOR RETIREMENT PAYMENT FOR THE MONTH IN WHICH THE RETIRED MEMBER DIED; TO AMEND SECTIONS 9-11-10, 9-11-40, 9-11-50, 9-11-60, 9-11-70, 9-11-80, ALL AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, ALL RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND TO CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330, ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS SECTION.
A. Section 9-1-10 of the 1976 Code, as last amended by Act 317 of 1998, is further amended to read:
"Section 9-1-10. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Retirement System" or "System" shall mean the South Carolina Retirement System established under SECTION 9-1-20;
(2) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed city, district or county school board;
(3) "Teacher" shall mean any teacher, helping teacher, attendance teacher, librarian, principal, supervisor, superintendent of public schools, superintendent of public instruction, county superintendent of education, person employed in the office of a county superintendent of education, bus driver and any other person employed in the public schools supported by the State, counties and school districts;
(4) "Employee" means:
(a) to the extent he is compensated by the State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an agent or officer of a county, municipality, or school district, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, to the extent he is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization; and
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20.
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
"Employee" does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider those factors provided pursuant to Section 9-1-440;
(5) "Employer" means the State, a county board of education, a district board of trustees, a city board of education, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of the State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in paragraph (4) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services;
(6) "Member" shall mean any teacher or employee included in the membership of the System as provided in Article 5 of this chapter and for the purpose of establishing additional service it shall mean in service;
(7) "Board" shall mean the State Budget and Control Board which shall act under the provisions of this chapter through its division of personnel administration;
(8) "Medical Board" shall mean the board of physicians provided for in SECTION 9-1-220;
(9) "Service" shall mean service as a teacher or employee rendered to and paid for by an employer;
(10) "Prior service" shall mean service rendered as a teacher or employee prior to the date of membership for which credit is allowable under Article 7 of this chapter;
(11) "Membership service" shall mean service as a teacher or employee rendered while a member of the System;
(12) "Creditable service" shall mean prior service plus membership service for which credit is allowable as provided in Article 7 of this chapter;
(13) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the System;
(14) "Regular interest" shall mean interest compounded annually at such rate as shall be determined by the Board in accordance with SECTION 9-1-280;
(15) "Accumulated contribution" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the employee annuity savings fund, together with regular interest thereon, as provided in Article 9 of this chapter;
(16) "Earnable compensation" shall mean the full rate of the compensation that would be payable to a teacher or employee if he worked for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer;
(17) "Average final compensation" with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office;
(18) "Employee annuity" shall mean annual payments for life derived from the accumulated contributions of a member;
(19) "Employer annuity" shall mean annual payments for life derived from money provided by the employer;
(20) "Retirement allowance" shall mean the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu thereof;
(21) "Retirement" shall mean the withdrawal from active service with a retirement allowance granted under the System;
(22) "Employee annuity reserve" shall mean the present value of all payments to be made on account of an employee annuity or benefit in lieu thereof, computed on the basis of such mortality tables as shall be adopted by the Board and regular interest;
(23) "Employer annuity reserve" shall mean the present value of all payments to be made on account of an employer annuity or benefit in lieu thereof, computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest; and
(24) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated contribution' means the sum of all the amounts deducted from the compensation of a member and credited to the members individual account in the employee annuity savings fund, together with regular interest on the account, as provided in Article 9 of this chapter.
(2) 'Active member' means an employee who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(3) 'Actuarial equivalent' means a benefit of equal value when computed upon the basis of mortality tables adopted by the board and regular interest.
(4) 'Average final compensation' with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the system producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months before the expiration of the elected official's term of office.
(5) 'Beneficiary' means a person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the system.
(6) 'Board' means the State Budget and Control Board which shall act under the provisions of this chapter through its Division of Retirement Systems.
(7) 'Creditable service' means a member's earned service, prior service, and purchased service.
(8) 'Earnable compensation' means the full rate of the compensation that would be payable to a member if the member worked the member's full normal working time; when compensation includes maintenance, fees, and other things of value the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(9) 'Earned service' means paid employment as a teacher or employee of an employer participating in the system where the teacher or employee makes regular retirement contributions to the system.
(10) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(11) 'Employee' means:
(a) to the extent compensated by this State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an employee, agent, or officer of a county, municipality, or school district, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, to the extent the employee, agent, or officer is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization;
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20.
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
'Employee' does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider the guidelines of the Social Security Administration regarding student services and other criteria the system uniformly prescribes.
(12) 'Employee annuity' means annual payments for life derived from the accumulated contributions of a member.
(13) 'Employee annuity reserve' means the present value of all payments to be made on account of an employee annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
(15) 'Employer annuity' means annual payments for life derived from money provided by the employer.
(16)'Employer annuity reserve' means the present value of all payments to be made on account of an employer annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(17) 'Medical board' means the board of physicians provided for in Section 9-1-220.
(18) 'Member' means a teacher or employee included in the membership of the system as provided in Article 5 of this chapter.
(19) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve, and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(20) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(21) 'Prior service' means service rendered as a teacher or employee before July 1, 1945, for which credit is allowable under Article 7 of this chapter.
(22) 'Public school' means a school conducted within this State under the authority and supervision of a duly elected or appointed school district board of trustees.
(23) 'Public Service' means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. 'Public service' does not include 'educational service' or 'military service' as defined in this section.
(24) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(25) 'Regular interest' means interest compounded annually at a rate determined by the board in accordance with Section 9-1-280.
(26) 'Retirement' means the withdrawal from active service with a retirement allowance granted under the system.
(27) 'Retirement allowance' means the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu of the annuity.
(28) 'Retirement system' or 'system' means the South Carolina Retirement System established under Section 9-1-20.
(29) 'State' or 'this State' means the State of South Carolina;
(30) 'Teacher' means a classroom teacher employed in the public schools supported by this State as determined by the board."
B. Section 9-1-470 of the 1976 Code, as amended by Act 555 of 1988, is further amended to read:
"Section 9-1-470. Any A county, municipality, or other political subdivision of the State, any an agency or department of them, including a school board, any a service organization as defined in Section 9-1-10(4) 9-1-10(11)(e), and any nonprofit corporation created under the provisions of Chapter 35 of Title 33, for the purpose of supplying water and sewer, may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements and the regulations of the board."
C. Section 9-1-1140 of the 1976 Code, as last amended by Act 439 of 1988, is further amended to read:
"Section 9-1-1140. Subject to the approval of the Board, any member who is on leave of absence on account of military service or for any other purpose which might tend to increase the efficiency of the services of the member to his employer may make monthly contributions to the System on the basis of the earnable compensation of such member at the time such leave of absence was granted. Any person on leave of absence in the armed forces of the United States who would otherwise have qualified for prior service credit is entitled to prior service credit if he returns to the service of teaching or any other employment covered by or coming within the meaning hereof within a period of two years after he has been honorably discharged. Employees under current employment by the State are eligible to establish credit for previous employment with the regional councils of government if the period is not covered by another retirement plan and payment is rendered in accordance with Section 9-1-440.
A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
A member who leaves covered employment to attend undergraduate or graduate school and returns to covered employment within ninety days after the member's last date of enrollment may establish up to two years' retirement credit by paying the actuarial cost as determined by the board. However, the member contribution must not be less than twelve percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year.
Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
Previous service of a member as an employee of a redevelopment commission created by the governing body of a municipality in this State may be established as creditable service upon payment of an amount determined as provided pursuant to Section 9-1-440.
At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Any amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) The board shall promulgate regulations and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter.
(L) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement."
D. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board system setting forth at what time, not no more than ninety days prior six months before nor more than six months subsequent to ninety days after the execution and filing thereof of the application, he the member desires to be retired, if such the member at the time so specified for his the member's service retirement has: shall have attained the age of sixty years or shall have thirty or more years of creditable service and shall have separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such period of notification, he may have separated from service.
(1) five or more years of earned service;
(2) attained the age of sixty years or has thirty or more years of creditable service; and
(3) separated from service."
E. Section 9-1-1515 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) who has attained the age of fifty-five years; and who
(3) has at least twenty-five years of creditable service; and
(4) has separated from service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty years' creditable service had he not retired, whichever is earlier.
(D) (1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
F. The first paragraph of Section 9-1-1540 of the 1976 Code is amended to read:
"Upon the application of a member in service or of his employer, any a member in service on or after July 1, 1970, who has had five or more years of creditable earned service or any a contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
G. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended by deleting subsection (C) which reads:
"(C) Any teacher or employee as defined in Section 9-1-10(3) and (4) who was a nonmember of the South Carolina Retirement System and who had attained age seventy-two prior to July 1, 1964, and who at the time of separation from service had rendered twenty or more years of employment which would otherwise have been considered creditable service under the terms of the South Carolina Retirement Act may establish such service and qualify for a retirement allowance from the retirement system provided he does so on or before December 31, 1965.
(1) The employee and employer contributions which would have been made had such service been rendered as a member shall be paid at the then prevailing rates paid by other employees and employers of the South Carolina Retirement System.
(2) The retirement allowance provided by this section shall become effective as of the first day of the month in which such service is established."
H. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
I. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
J. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
K. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member.".
L. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
M. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
N. The first paragraph of Section 9-1-1650 of the 1976 Code is amended to read:
"Should If a member cease ceases to be a teacher or employee except by death or retirement, he shall the member must be paid within six months after his the member's demand therefor for payment, but not less than ninety days after ceasing to be a teacher or employee, the sum of his the member's contributions and the accumulated regular interest thereon on the contributions. If such the member has five or more years of creditable earned service and elects, prior to before the time his the member's membership would otherwise terminate, elects to leave his these contributions in the system, he shall the member, unless and until such these contributions are paid to him as provided by this section prior to before the attainment of age sixty, remain remains a member of the system and shall be is entitled to receive a deferred retirement allowance commencing beginning at age sixty computed as a service retirement allowance in accordance with Section 9-1-1550. Provided, that the The employee annuity shall must be the actuarial equivalent at age sixty of the member's contributions with such the interest credits thereon on the contributions, if any, as shall be allowed by the board. Should If a member die dies before retirement, the amount of his the member's accumulated contributions shall must be paid to his the member's estate or to such the person as he shall have the member nominated by written designation, duly acknowledged and filed with the board."
O. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1)(A) The person nominated by a member to receive the full amount of his the member's accumulated contributions in the event of his death if the member dies before retirement may, if such the member:
(1) has five or more years of earned service;
(2) dies while in service; and
(3) has either attained the age after the attainment of age sixty-five sixty years or after the accumulation of has accumulated fifteen years or more of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his the member's death and had named the person as beneficiary under an election of Option 2 of Section 9-1-1620. For purposes of the benefit calculation, a member under age sixty with less than thirty years' credit is assumed to be sixty years of age.
(2)(B) Any A person otherwise eligible under subsection (1) (A) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (1) (A). The monthly payments under Option 2 to the person date from the time of the repayment of the accumulated contributions to the system."
P. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not more than two years 54 percent for each year
(c) over two years but not more than three years 50 percent for each year
(d) over three years, but not more than four years 46 percent for each year
(e) over four years 42 percent for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A) the A member, if he who has at least twenty-five years of creditable service, may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him the member as an employee or member upon paying into his the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must retire terminate employment within ninety days subsequent to after electing the option provided by subsection (B) this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
Q. The first paragraph of Section 9-1-1910 of the 1976 Code is amended to read:
"Any person who has retired or may retire under the provisions of the South Carolina Retirement Act while in service as such teacher or employee, and A member with five or more years of earned service, eligible for service retirement, who has twenty or more years of creditable service shall must be paid from the general fund of the State, a monthly sum in addition to the retirement allowance he may receive under the act, due the member under this chapter sufficient to provide him the member a minimum eighty dollars per a month, plus one dollar per a month for each completed year of creditable service in excess of twenty years. Provided, however, that should such If the teacher or employee elect elects to receive a reduced retirement allowance as provided in the act this chapter, he shall the teacher or employee must be paid under the provisions of this section only such the amount as would be paid under the section had he the teacher or employee not elected such the optional allowance."
R. Section 9-11-10 of the 1976 Code, as last amended by Act 72 of 1999, is further amended to read:
"Section 9-11-10. The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "System" shall mean the South Carolina Police Officers Retirement System.
(2) "State" shall mean the State of South Carolina.
(3) "Board" shall mean the State Budget and Control Board.
(4) "Medical board" shall mean the board provided for in SECTION 9-11-30(2).
(5) "Employer" shall mean (a) the State, (b) any political subdivision, agency or department of the State which employs police officers and which shall have been admitted to the System as provided in SECTION 9-11-40 and (c) any service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of such service organizations shall be provided from moneys paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this Title shall be paid from the funds of the service organization.
(6) "Police officer" means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State;
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(7) "Member" shall mean any police officer included in the membership of the System, as provided in SECTION 9-11-40 and for the purpose of establishing additional service credit it shall mean in service.
(8) "Service" shall mean service as a police officer rendered to any employer.
(9) "Credited service" shall mean service for which credit is allowable as provided in SECTION 9-11-50.
(10) "Supplemental Allowance Program" shall mean the Supplemental Allowance Program established under the System as of July 1, 1966 and as in effect on June 30, 1974.
(11) "Class Two service" shall mean credited service subsequent to June 30, 1974 as a Class Two member, as defined in subsection (7) of SECTION 9-11-40, and credited service prior to July 1, 1974, or date of membership, if later, with respect to which contributions shall have been made by a member, or on his behalf, under the Supplemental Allowance Program or pursuant to subsection (2), (3), (4) or (10) of SECTION 9-11-210.
(12) "Class One service" shall mean credited service which is not Class Two service.
(13) "Compensation" shall mean the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer.
(14) "Average final compensation after July 1, 1986" means the average annual compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(15) "Retirement allowance" shall mean monthly payments for life under the System payable as provided in SECTION 9-11-160.
(16) "Beneficiary" shall mean any person in receipt of a retirement allowance or other benefit as provided by the System.
(17) "Other fund" shall mean (a) the South Carolina Retirement System or (b) the Police Insurance and Annuity Fund of the State of South Carolina.
(18) "Aggregate contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the System, including any amounts transferred from another fund to the System as provided in SECTION 9-11-210(6).
(19) "Regular interest" shall mean interest compounded annually at such rate or rates as shall be determined for a particular purpose by the Board in accordance with SECTION 9-11-30.
(20) "Accumulated contributions" shall mean a member's aggregate contributions, together with regular interest thereon, including regular interest on contributions paid to the System by an employer in lieu of contributions by the member under the Supplemental Allowance Program on account of credited service rendered prior to his date of participation in said Program.
(21) "Aggregate additional contributions" shall mean the sum of all the contributions made by a member pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 and any amounts transferred from another fund which are treated as additional contributions pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 or SECTION 9-11-210(6) as amended as of said date.
(22) "Accumulated additional contributions" shall mean a member's aggregate additional contributions, together with regular interest thereon.
(23) "Actuarial equivalent" shall mean a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the Board, as provided in SECTION 9-11-30.
(24) "Date of establishment" shall mean July 1, 1962.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated additional contributions' means a member's aggregate additional contributions, together with regular interest on the contributions.
(2) 'Accumulated contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter.
(3) 'Active member' means a member who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(4) 'Actuarial equivalent' means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the board, as provided in Section 9-11-30.
(5) 'Aggregate additional contributions' means the sum of all the contributions made by a member pursuant to Section 9-11-210 in effect before July 1, 1974, and any amounts transferred from another fund which are treated as additional contributions pursuant to Section 9-11-210 in effect before July 1, 1974, or Section 9-11-210(6) as amended as of that date.
(6) 'Aggregate contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the system, including any amounts transferred from another fund to the system as provided in Section 9-11-210(6).
(7) 'Average final compensation after July 1, 1986' means the average annual compensation of a member during the twelve consecutive quarters of the member's creditable service on which regular contributions as a member were made to the system producing the highest average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(8) 'Beneficiary' means a person in receipt of a retirement allowance or other benefit provided by the system.
(9) 'Board' means the State Budget and Control Board acting through its Division of Retirement Systems.
(10) 'Class one service' means credited service which is not class two service.
(11) 'Class two service' means credited service after June 30, 1974, as a class two member, as defined in subsection (7) of Section 9-11-40, and credited service before July 1, 1974, or date of membership, if later, with respect to which contributions have been made by a member, or on the member's behalf, under the supplemental allowance program or pursuant to subsection (2), (3), or (10) of Section 9-11-210.
(12) 'Compensation' means the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value, the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(13) 'Credited service' means a member's earned service and purchased service.
(14) 'Date of establishment' means July 1, 1962.
(15) 'Earned service' means the paid employment of a member of the system with an employer participating in the system where the member makes regular retirement contributions to the system.
(16) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(17) 'Employer' means:
(a) the State;
(b) a political subdivision, agency, or department of the State which employs police officers and which has been admitted to the system as provided in Section 9-11-40; and
(c) a service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this chapter are to be paid from the funds of the service organization.
(18) 'Medical board' means the board provided for in Section 9-11-30(2).
(19) 'Member' means a person included in the membership of the system, as provided in this chapter.
(20) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve; and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(21) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(22) 'Other fund' means:
(a) the South Carolina Retirement System; or
(b) the Police Insurance and Annuity Fund of the State of South Carolina.
(23) 'Police officer' means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State; or
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice who, by the terms of his employment, is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(24) 'Public Service' means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. The term 'public service' does not include 'educational service' or 'military service' as defined in this section.
(25) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(26) 'Regular interest' means interest compounded annually at the rate or rates determined for a particular purpose by the board in accordance with Section 9-11-30.
(27) 'Retirement allowance' means monthly payments for life under the system payable as provided in Section 9-11-160.
(28) 'State' means the State of South Carolina.
(29) 'Supplemental allowance program' means the supplemental allowance program established under the system as of July 1, 1966, and as in effect on June 30, 1974.
(30) 'System' means the South Carolina Police Officers Retirement System."
S. Items (a) and (d) of Section 9-11-40(1) of the 1976 Code are amended to read:
"(a) Any A county, municipality, or other political subdivision of the State, and any an agency or department thereof of a political subdivision or any a service organization referred to in item (5) of Section 9-11-10 9-11-10(17)(c) may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements hereof of this section and the rules and regulations of the board. Such The application shall must set forth the requested date of admission, which shall must be the January first, or the April first, or the July first, or the October first next following receipt by the board of such the application, except that in the case of any applications so received prior to before January 1, 1963, the requested date of admission may be July 1, 1962.
(d) Any An employer whose requested date of admission is on or after July 1, 1974, shall agree to make contributions on account of all service prior to before the date of admission rendered by members in its employ who make contributions with respect to such service as provided in Section 9-11-210(4)."
T. Section 9-11-40(4) of the 1976 Code is amended to read:
"(4) All persons who become employed as police officers by the State or other employer after the employer's date of admission to the system under the provisions of this section shall must become members, as a condition of their employment.
Notwithstanding the foregoing provisions of this subsection, no person shall become a member on or after July 1, 1963 unless his employer certifies to the system that his service as a police officer will require requires at least one thousand six hundred hours per a year of active duty and that his the person's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand six hundred hours of active duty as a police officer, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 shall apply."
U. The fifth paragraph of Section 9-11-40(10) of the 1976 Code is amended to read:
"Notwithstanding the foregoing provisions of this subsection, no fireman shall become a member on or after July 1, 1976, unless his the member's employer certifies to the system that his service as a fireman will require requires at least one thousand, six hundred hours per a year of active duty and that his the member's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand, six hundred hours of active duty as a fireman, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 of the 1976 Code shall apply."
V. Section 9-11-50 of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"Section 9-11-50. (1) The credited service of a member shall include all service as a police officer rendered to an employer since he last became a member and in respect of which he made contributions to the System. It shall also include, in the case of a member (a) who became such on or before June 30, 1963, or who became such as of July 1, 1962 pursuant to subsection (1) (b) or (1) (c) of SECTION 9-11-40, and (b) who remained a member continuously thereafter until his death or his retirement under the System and (c) who was, immediately prior to his becoming a member, a participant in another fund, service which was credited to him under such other fund; provided that within two months of the date of his membership he shall have caused the amount of his full contributions made under such other fund in respect of such service to be transferred to the System. In addition, in the case of any other member who becomes a member when first eligible and continues as a member until his death or his retirement, credited service shall also include all service prior to his date of membership for which contributions are made as provided in SECTION 9-11-210(4) or SECTION 9-11-210(10) and SECTION 9-11-220(2).
(2) When membership ceases for any reason other than death or retirement, the service credited to the member shall be cancelled and, should the police officer again become a member, he shall enter the System as a police officer not entitled to credit for previous service, unless he repays his accumulated contributions previously withdrawn as provided in subsection (3) of this section.
(3) Any person employed as a police officer whose membership in the System was contingent on his own election and who elected not to become a member of the System may apply for and be admitted to membership. Anything herein contained to the contrary notwithstanding, the credited service of any such person shall include service rendered to an employer since he was first eligible to become a member; provided that he shall pay to the System, by a single payment prior to his retirement or death, the contributions specified in SECTION 9-11-210(4) with respect to the period of service since he first became eligible for membership. Any such member who makes such payment to establish credit for such service may also receive credit for service prior to his employer's date of participation in the System by making contributions pursuant to SECTION 9-11-210(4) on account of such service. Any former member who withdrew his contributions and has again become a member of the System may have the service credited to him under the System at the time he withdrew his contributions restored to him, provided he pays to the System, by a single payment prior to his retirement or death, the amount of the contributions previously withdrawn, together with the interest which would have been credited thereon had such contributions remained in the System to the date of his payment of such amount to the System.
(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system under this title.
(5) A period of time up to one year for each pregnancy not to exceed a total of three years of service credit may be established for maternity leave if the member pays the full actuarial cost as determined by the board. The payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
(6) (a) A former employee of the United States employed in this State by an employer covered by the system and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment must not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
(b) Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
(7) At retirement, after March 31, 1991, a member shall receive service credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(L) The board shall promulgate regulations, and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter."
W. Subsections (1) and (3) of Section 9-11-60 of the 1976 Code, as last amended by Act 424 of 1988, are further amended to read:
"(1) A member may retire upon written application to the board system setting forth at what time, not no more than ninety days six months before nor more than six months subsequent to ninety days after the execution and filing of the application, he the member desires to be retired, if the member at the time specified for his the member's service retirement has:
(a) five or more years of earned service;
(b) attained the age of fifty-five years; and completed five or more years of credited service and has
(c) separated from service and, if the time specified is subsequent to the date of application, notwithstanding that, during the period of notification, he may have separated from service.
(3) Reserved. Any member who has completed five or more years of credited service but has not attained age fifty-five, upon written application to the governing or administering board of his retirement system, may retire on an early retirement allowance commencing upon his attainment of age fifty-five, as follows:
(a) If the member is less than fifty-five years of age and has at least twenty-five years of creditable service, he may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost is determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater.
(b) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, and any service credit purchased must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase."
X. Section 9-11-70(1) of the 1976 Code is amended to read:
"(1) Any A member in service who has completed five or more years of credited earned service but has not attained age fifty-five may, upon written application to the board, retire on an early retirement allowance commencing upon his attainment of beginning when the member attains age fifty-five."
Y. The first paragraph of Section 9-11-80(1) of the 1976 Code is amended to read:
"Upon On the application of a member in service or of his the member's employer, any a member who has five or more completed years of credited earned service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his the member's duties regardless of length of membership may be retired by the retirement board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
Z. Section 9-11-130(1) of the 1976 Code is amended to read:
"(1) The person nominated by a member, pursuant to Section 9-11-110, to receive a lump sum amount in the event of his death if the member dies before retirement may, if the member: (a) has five or more years of earned service; (b) dies in service; and (c) has either attained age fifty-five or has accumulated dies after the attainment of age fifty-five or after the accumulation of fifteen years of creditable service and death occurs in service, elect to receive in lieu of the lump sum amount otherwise payable under item (a) of subsection (1) of Section 9-11-110(1)(a) an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named the person as beneficiary under an election of Option 1 under Section 9-11-150. For purposes of the benefit calculation, a member under age fifty with less than thirty years' credit is assumed to be fifty years of age."
AA. Section 9-11-210(4) of the 1976 Code, as amended by Act 420 of 1994, is further amended to read:
"(4) A member who has rendered service before his date of membership which is not otherwise credited under the system may elect by written notice filed with the board at any time before retirement to establish credit for the service as Class One service in the case of a Class One member or as Class Two service in the case of a Class Two member. A member who makes this election shall make a special contribution to the system before retirement, determined as follows:
(a) In the case of a Class One member, the amount which would have resulted if the member had contributed twenty-one dollars during each month of the service for which credit is to be established and such contributions were accumulated at regular interest to the date of payment; or
(b) In the case of a Class Two member, six and one-half percent of the member's monthly rate of compensation at the time the contribution is made multiplied by the number of months of service for which credit is to be established. Reserved."
BB. Section 9-11-220(2)(a) of the 1976 Code is amended to read:
"(a) Reserved. If the special contribution is made pursuant to Section 9-11-210(2), the employer contribution shall be equal to such special contribution."
CC. The fourth paragraph of Section 9-11-310 of the 1976 Code is amended to read:
"For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items United States city average), for wage earners and clerical workers as published by the United States Department of Labor, Bureau of Labor Statistics."
DD. Sections 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, and 9-11-330, all of the 1976 Code, are repealed.
EE. This act takes effect January 1, 2001. except that subsections H., I., J., K., L., and M. take effect July 1, 2000.
TO AMEND SECTION 9-8-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO EXTEND THE DATE BY WHICH A JUDGE OR SOLICITOR MAY RETIRE TO THE END OF THE CALENDAR YEAR IN WHICH THE JUDGE OR SOLICITOR ATTAINS THE AGE OF SEVENTY-TWO YEARS RATHER THAN UPON ATTAINING AGE SEVENTY-TWO.
The first paragraph of Section 9-8-60(1) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"A member of the system may retire upon written application to the board setting forth at what time, not later than his attaining the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of credited service as a judge or eight years of credited service as a solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credited service, or attained age sixty-five with at least four years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System, and the South Carolina Police Officers Retirement System."
TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 49 SO AS TO ENACT THE "TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT" PROVIDING FOR THE ESTABLISHMENT OF A STATE INSTRUMENTALITY TO RECEIVE PAYMENTS FROM TOBACCO PRODUCT MANUFACTURERS UNDER THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND TOBACCO PRODUCT MANUFACTURERS, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE RECEIPT, ALLOCATION, SECURITIZATION, AND DISPOSITION OF THESE PAYMENTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR AUTHORIZED PURPOSES TO BE SECURED BY AND PAID SOLELY FROM THESE PAYMENTS; TO PROVIDE FOR THE DISPOSITION OF THESE PAYMENTS NOT NEEDED FOR THE EXPENSES OF THE INSTRUMENTALITY OR FOR DEBT SERVICE ON THE BONDS; TO AMEND SECTIONS 1-23-10, 8-13-770, AND 15-78-60, ALL AS AMENDED, RELATING TO THE DEFINITION OF STATE AGENCY FOR PURPOSES OF COVERAGE AND EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT, THE BOARDS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, AND THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO EXEMPT THE AUTHORITY FROM THE ADMINISTRATIVE PROCEDURES ACT, TO ALLOW MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON THE AUTHORITY, TO ADD AN EXCEPTION TO THE TORT CLAIMS ACT FOR THE ACTIONS OF THE AUTHORITY, AND TO MAKE THESE PROVISIONS SEVERABLE, BY ADDING SECTION 11-11-170 SO AS TO CREATE IN THE STATE TREASURY THE HEALTHCARE TOBACCO SETTLEMENT FUND, THE TOBACCO COMMUNITY TRUST FUND, AND THE TOBACCO SETTLEMENT ECONOMIC DEVELOPMENT FUND AS FUNDS SEPARATE FROM ALL OTHER FUNDS AND TO CREDIT TO THESE FUNDS IN STATED PERCENTAGES ALL REVENUE RECEIVED BY THIS STATE FROM THE MASTER SETTLEMENT AGREEMENT OR BOND PROCEEDS DERIVED FROM THE SECURITIZATION OF THESE PROCEEDS; TO PROVIDE THAT EARNINGS ON THESE FUNDS ARE CREDITED TO THEM, TO PROVIDE FOR THE USE OF FUND PROCEEDS, INCLUDING HEALTH PROGRAMS, LOSS REIMBURSEMENTS TO TOBACCO GROWERS, QUOTA OWNERS, AND WAREHOUSEMEN, AND REVITALIZATION OF TOBACCO COMMUNITIES, AND ECONOMIC DEVELOPMENT, TO PROVIDE SPECIAL DISTRIBUTIONS FOR MASTER SETTLEMENT AGREEMENT REVENUES RECEIVED BEFORE JULY 1, 2001; AND BY ADDING SECTION 13-1-45 ESTABLISHING THE SOUTH CAROLINA WATER AND WASTEWATER INFRASTRUCTURE FUND AND PROVIDING FOR ITS OPERATION, INCLUDING THE DETERMINATION OF ELIGIBILITY FOR PROJECTS TO BE FUNDED AND THE MANNERS OF FUNDING; AND TO AMEND SECTIONS 58-31-30 AND 58-31-80, BOTH AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE PURPOSES OF THE AUTHORITY AND VARIOUS PAYMENTS REQUIRED FROM IT, SO AS TO INCLUDE IN ITS FUNCTIONS THE DUTIES WITH REGARD TO SEWAGE COLLECTION, TREATMENT, AND DISPOSAL ASSIGNED IT UNDER THE SOUTH CAROLINA WATER AND WASTEWATER INFRASTRUCTURE FUND ESTABLISHED BY THIS SECTION.
A. 1. The General Assembly finds that:
(1) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement", with the State. The master settlement agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the agreement, to pay substantial sums to the State, tied in part to their volume of sales.
(2) The General Assembly recognizes that it may be in the best interest of the State to issue special source bonds, in order to convert all or a portion of these future payments to be received under the master settlement agreement into current funds. These bonds will be payable solely from and secured solely by the future receipts under the master settlement agreement, and will not constitute a claim against the full faith, credit, and taxing power or the general fund of the State.
(3) In order to provide for the receipt and handling of the payments under the master settlement agreement, from the tobacco product manufacturers, for the issuance of these bonds, for separating the issuance of these bonds from the general credit of the State, and for the administration of the proceeds of the bonds, the General Assembly has determined to create a separate and distinct instrumentality of the State to which the rights of the State under the master settlement agreement are transferred and to grant it the powers and duties prescribed in this act.
2. Title 11 of the 1976 Code is amended by adding:
Section 11-49-10. This chapter may be cited as the 'Tobacco Settlement Revenue Management Authority Act'.
Section 11-49-20. As used in this chapter:
(1) 'Authority' means the Tobacco Settlement Revenue Management Authority, as established by this chapter.
(2) 'Board' means the governing body of the authority.
(3) 'Bonds' means special source bonds, notes, or other evidences of indebtedness of the authority payable solely from and secured solely by the State's tobacco receipts, issued pursuant to the authorizations contained in this chapter and in Article X, Section 13(9) of the Constitution of this State. The bonds are 'bonds' for purposes of Section 12-2-50 and any successor provision.
(4) 'Escrow' means the escrow as that term is defined in the master settlement agreement.
(5) 'Escrow agent' means the escrow agent as that term is defined in the master settlement agreement.
(6) 'Independent auditor' means the independent auditor as that term is defined in the master settlement agreement.
(7) 'Master settlement agreement' means the settlement agreement and related documents entered into on November 23, 1998, by the State and the four principal United States tobacco product manufacturers, as amended and supplemented.
(8) 'Participating manufacturers' means the participating manufacturers as that term is defined in the master settlement agreement.
(9) 'State' or 'this State' means the State of South Carolina.
(10) 'State's tobacco receipts' means all of the payments to be made by the escrow agent and derived from payments made by the participating manufacturers and allocated to this State under the master settlement agreement, other than pursuant to Article XVII of that agreement.
Section 11-49-30. (A) There is created the Tobacco Settlement Revenue Management Authority, a public body corporate and politic and an instrumentality of this State, with the responsibility of effecting the public purpose of this chapter.
(B) The purpose of the authority is to receive all of the State's tobacco receipts, to issue bonds of the authority payable solely from and secured solely by the State's tobacco receipts for the purposes authorized in this chapter, and to manage and dispose of the State's tobacco receipts for the purposes and in the manner authorized in this chapter.
(C) Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, vests in the State.
Section 11-49-40. (A) The authority is governed by a board, which shall consist of five members as follows: the Governor or his designee, the State Treasurer, the Comptroller General, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee. The Governor shall serve as chairman; and in the absence of the Governor, meetings must be chaired by the State Treasurer. All members serve ex officio.
(B) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of State boards, committees, and commissions.
(C) Members of the board and its employees, if any, are subject to the provisions of Chapter 13, Title 8, the Ethics, Government Accountability, and Campaign Reform Act, and Chapter 17 of Title 2, relating to lobbying.
(D) To the extent that administrative assistance is needed for the functions and operations of the authority, the board may obtain this assistance from the Office of the State Treasurer and the State Budget and Control Board, and any successor agency, office or division, each of which must provide the assistance requested by the board at no cost to the board or to the authority other than for expenses incurred and paid to entities that are not agencies or departments of the State. The board must retain ultimate responsibility and provide proper oversight for the implementation of this chapter.
(E) The board shall exercise the powers of the authority. A majority of the members of the board constitutes a quorum for the purpose of conducting all business. The board shall determine the number of personnel it requires, their compensation and duties.
Section 11-49-50. The State's tobacco receipts due to the State after June 30, 2001, and the right to receive them as they are distributed from the escrow are assigned to the authority. On and after the date these revenues are pledged, the State shall have no right, title, or interest in or to the state's tobacco receipts; and the state's tobacco receipts are property of the authority and not of the State, and must be owned, received, held, and disbursed by the authority or the trustee for the holders of bonds and not by the State. The State directs the independent auditor and the escrow agent to make all these payments to the authority in accordance with instructions that may be given by the authority from time to time. The assignment and direction made in this subsection are irrevocable during any time when bonds are outstanding under this chapter plus one year and one day thereafter and are a part of the contractual obligation owed to the bond holders. On or before the date of delivery of any bonds, the State through the State Treasurer shall notify the independent auditor and the escrow agent that the State's tobacco receipts have been assigned to the authority and shall instruct the independent auditor and the escrow agent that, subsequent to the delivery date for bonds and irrevocably during the time when any bonds are outstanding, the State's tobacco receipts are to be paid directly to the authority or its designee.
Section 11-49-60. In addition to the powers contained elsewhere in this chapter, the board has all power necessary, useful, or appropriate to operate and administer the authority, to effectuate the purposes of the authority, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) sue and be sued in its own name;
(3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the authority's affairs and the implementation of its functions;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority;
(5) enter into contracts, arrangements, and agreements with government units and other persons and execute and deliver all financing agreements, including bonds issued to support the borrowing by such government units to pay eligible costs of qualified projects, and other instruments necessary or convenient to the exercise of the powers granted in this chapter;
(6) enter into agreements with a department, agency, political subdivision or instrumentality of the United States or of this State or of another State for the purpose of planning and providing for the financing of qualified projects or for the administration of the purposes and programs of this chapter;
(7) enter into agreements with the tobacco trust fund for the purpose of managing and controlling the transfer of funds between the authority and the tobacco trust fund and governing the investment and the monitoring and recordkeeping of these funds, for purposes of maintaining the exemption from federal income tax of interest on bonds and for other purposes;
(8) enter into, amend, and terminate agreements in the nature of interest rate swaps, forward security supply contracts, agreements for the management of interest rate risks, agreements for the management of cash flow, and other agreements of a similar nature, with respect to bonds issued pursuant to this chapter;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any bonds, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) borrow money through the issuance of bonds as provided in this chapter, and through the issuance of notes in anticipation of the issuance of these bonds;
(11) enter into contracts and expend funds to obtain accounting, management, legal, financial consulting, trusteeship and other professional services necessary or convenient to the operations of the authority; however, all matters relating to the designation and selection of bond counsel to the authority is within the discretion of the State Treasurer;
(12) in order to pay budgeted items pursuant to a budget adopted in accordance with Section 11-49-100, to expend funds for the costs of administering the operations of the authority;
(13) direct the escrow agent with respect to the disbursement to the authority of the State's tobacco receipts and receive and accept the State's tobacco receipts;
(14) enter into contracts or agreements necessary, proper, or convenient for the effectuation of the powers and purposes of the board and the authority;
(15) invest funds held by the authority under this chapter in any investment permitted for funds of this State, other than the State's retirement funds, or for funds of the political subdivisions of this State, in revenue bonds of government units, and in general obligations of other States whose general obligation debt is rated not lower than the general obligation debt of this State;
(16) direct the Attorney General of this State to enforce in the name of the State of South Carolina, and if permissible to enforce directly through its own attorneys in the name of the State, the master settlement agreement, but the board may not give any approval of any amendment to the agreement without the approval of the General Assembly. This power is a part of the contractual obligation owed to the holders of any bonds; and
(17) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter or that may be necessary for the furtherance and accomplishments of the purposes of the authority.
Before the date which is one year and one day after which the authority no longer has any bonds outstanding, the authority has no authority to file a voluntary petition under Chapter 9 of the United States Bankruptcy Code or corresponding chapters or sections as may, from time to time, be in effect, and neither any public officer or any organization, entity, or other person shall authorize the authority to be or become a debtor under Chapter 9 or any successor or corresponding chapter or sections during the periods. The provisions of this paragraph are for the benefit of the holders of any bonds and are a part of the contractual obligation owed to such bondholders, and the State shall not modify or delete the provisions of this paragraph during the periods described in this chapter.
In the exercise of its powers in this chapter, the board and the authority may obtain services in accordance with the procedures, guidelines, and criteria established by the board for that purpose and are not restricted by Chapter 35 of Title 11 or any successor provision.
Section 11-49-70. (A) The board may issue bonds in the name of the authority, from time to time, for the purposes and in the manner Stated in this section.
(B) All bonds must be secured solely by and payable solely from the State's tobacco receipts, or the portion of the State's tobacco receipts the board determines to pledge for payment.
(C) Neither the members of the board nor any person executing the bonds or any notes are liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance of the bonds.
(D) The board has no power to pledge the faith, credit, or taxing power of this State or any of its political subdivisions in connection with the issuance of the bonds, and each bond must recite on its face that it is a special source bond of the authority issued pursuant to and in accordance with this chapter and Article X, Section 13(9) of the Constitution of this State, that it is secured solely by and payable solely from the State's tobacco receipts, that it is neither a general, legal, nor moral obligation of the State or any of its political subdivisions, and that it is not backed by the full faith, credit, or taxing power of this State or any of its political subdivisions. Failure to include this language on the face of any bond does not cause the bond to become a general, legal or moral obligation of the State or any of its political subdivisions, or a pledge of the full faith, credit, or taxing power of this State or any of its political subdivisions.
(E) Any pledge of the State tobacco receipts made by the authority is valid and binding from the time when the pledge is made. The State tobacco receipts pledged and then or thereafter received by the authority are immediately subject to the lien of the pledge without any physical delivery of the receipt or further act. The lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of them. Neither the resolution of the authority or any other instrument by which a pledge is created need be recorded or filed to perfect the pledge.
(F) The authority may not issue any bond with a scheduled maturity later than thirty years after the date of issuance.
(G) When issuing bonds for the purpose described in subsection (J)(2) of this section or to refund the bonds, the authority may sell bonds either in a negotiated transaction with one or more lead underwriters selected by the board on the basis of criteria to be established by the board, or through a competitive bidding process in accordance with procedures to be established by the board. The determination of whether to sell bonds through negotiation or through competitive bidding must be made by the board.
(H) The authority may not issue any bonds unless the board has first adopted its resolution authorizing the issuance, finding that the issuance and the proposed use of the bond proceeds is in accordance with this chapter, and setting out the terms and conditions of the bonds and the covenants of the authority with respect to the bonds. These terms must include the issuance date or dates, the maturity date or dates, the principal amount, the interest rates or the means of determining the same, whether fixed or variable, the time, manner, and currency for paying interest and principal, the negotiability of the bond and any restrictions relating to the registration of the bonds; and the covenants may include, without limitation, the establishment and maintenance of dedicated reserve funds for the payment of debt service on bonds if the State's tobacco receipts are inadequate in any year, restrictions on the later issuance of additional bonds or making the later issuance subject to certain conditions relating to available debt service coverage or otherwise, conditions on the timing of the release of all or a portion of the State's tobacco receipts to the general fund of this State, the enforcement of the master settlement agreement, or any other matter that the board considers appropriate, subject to subsection (I) of this section.
(I) The board may not authorize or cause the authority to enter into any covenant that purports to create a general, legal or moral obligation of this State or any of its political subdivisions or to pledge the full faith, credit, or taxing power of the State or any of its political subdivisions; nor may the board authorize or cause the authority to enter into any covenants that purport to create a right on the part of the board, the authority, any bondholder, or any trustee any right to recover funds consisting of the State's tobacco receipts once those funds have been deposited into the general fund of the State in accordance with the terms of this chapter. Any covenant in violation of this subsection is void and of no effect.
(J) Subject to the requirements of this section, the board may authorize the issuance of bonds of the authority for the following purposes:
(1) refunding, on a current or advance-refunding basis, any outstanding bonds of the authority; or
(2) obtaining funds for delivery to the funds as provided in Section 11-11-170.
All proceeds of bonds issued for the purpose described in item (2) of this subsection must be delivered promptly to the respective fund, except as needed to defray the costs of issuance of the bonds or to establish any required reserve fund for the bonds.
The bonds and the issuance of the bonds are subject to the provisions of Sections 11-15-20 and 11-15-30 and any successor provisions.
Section 11-49-80. The authority and the board shall have no other assets or property except the State's tobacco receipts as received, and the right to receive the State's tobacco receipts.
Section 11-49-90. The authority and the board have no power to incur debt or obligations or in any way to encumber their assets except by the issuance of bonds, including the making of covenants in relation to the issuing of bonds and notes in anticipation of the issuance of the bonds, and the incurring of expenses and obligations as authorized in Section 11-49-60.
Section 11-49-100. All accounts of the authority must be held and maintained separately from all other funds, properties, assets, and accounts of this State and its other agencies. The board shall keep an accurate account of all of its activities and all of its receipts and expenditures and annually, in the month of January shall make a report of its activities to the State Budget and Control Board, the report to be in a form prescribed by the State Budget and Control Board with the written approval of the State Auditor. Audit financial statements must be submitted to the Comptroller General by October fifteenth following the end of the fiscal year.
Section 11-49-110. Reserved.
Section 11-49-120. (A) The bonds and the income from the bonds are exempt from all taxation in the State except for inheritance, estate, or transfer taxes, regardless of the federal income tax treatment of the interest from the bonds.
(B) The exercise of the powers granted by this chapter are in all respects for the benefit of the citizens of the State and for the promotion of their welfare, convenience, and prosperity. Property, whether real or personal, tangible or intangible, of the authority and the income and operations of the authority are exempt from taxation or assessment by the State or any of its political subdivisions.
(C) It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds. Nothing contained in this section may be construed as relieving any person from the duty of exercising reasonable care in selecting investments.
Section 11-49-130. All of the State's tobacco receipts not needed to pay (1) expenses of the authority during the next twelve months, or (2) debt service on bonds during the next twelve months, or fully to fund reserve accounts established by the board with respect to bonds, not less frequently than annually and at a time determined by the board in its resolutions authorizing the issuance of bonds, must be transferred to the funds as identified in Section 11-11-170. The determination by the board of the amount to be transferred is final and is not reviewable by any court or other body.
Section 11-49-140. Notwithstanding any other provision of law, the provisions of Chapter 23 of Title 1, do not apply to the actions of the board and the authority.
Section 11-49-150. The General Assembly consents to and approves the master settlement agreement on behalf of this State and all of its agencies, departments, offices, political subdivisions, and other instrumentalities and bodies politic; and no such agencies, departments, offices, political subdivisions, and other instrumentalities or bodies politic of the State shall have any power or authority to bring suit against the participating manufacturers for claims in the nature of those settled by the master settlement agreement. At any time when bonds are outstanding and for one year and one day thereafter, the State must not agree to the amendment of the master settlement agreement without the approval of the authority; and this restriction on amendment of the master settlement agreement is a part of the covenant with the bondholders."
Section 11-49-160. The State pledges and agrees with the authority, and the holders of the bonds in which the authority has included such pledge and agreement, that the State shall not limit or alter the rights of the authority to fulfill the terms of its agreements with such holders, and shall not in any way impair the rights and remedies of such holders or the security for such bonds until the bonds, together with the interest on them and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully paid and discharged.
Section 11-49-170. This act and all powers granted by this chapter must be liberally construed to effectuate its intent and their purposes, without implied limitations on them. This chapter constitutes full and complete authority for all things herein contemplated to be done. All rights and powers granted in this chapter shall be as cumulative with those derived form other sources and shall not, except as expressly stated in this chapter, be construed in limitation thereof. Insofar as the provisions of this chapter are inconsistent with the provisions of any other act, general or special, the provisions of this chapter are controlling. If any clause, sentence, paragraph, section, or part of this chapter be adjudged by any court of competent jurisdiction to be invalid, this judgment shall not affect, impair, or invalidate the remainder of this chapter but is confined in its operation to the clause, sentence, paragraph, section, or part of the chapter directly involved in the controversy in which the judgment shall have been rendered.
3. Section 1-23-10(1) of the 1976 Code, as amended by Act 77 of 1999, is further amended to read:
"(1) 'Agency' or 'State agency' means each State board, commission, department, executive department or officer, other than the legislature, the courts, or the South Carolina Tobacco Community Development Board, or the Tobacco Settlement Revenue Management Authority, authorized by law to make regulations or to determine contested cases;"
4. Section 8-13-770 of the 1976 Code, as last amended by Act 77 of 1999, is further amended to read:
"Section 8-13-770. A member of the General Assembly may not serve in any capacity as a member of a State board or commission, except for the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, the Legislative Audit Council, the Legislative Council, the Legislative Information Systems, the Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, the South Carolina Tobacco Community Development Board, the Tobacco Settlement Revenue Management Authority, and the joint legislative committees."
5. Section 15-78-60 of the 1976 Code, as last amended by Act 77 of 1999, is further amended by adding an appropriately numbered item to read:
"( ) the performance of any duty related to the service of the members of the Tobacco Settlement Revenue Management authority."
6. If a provision of this subsection, including the provisions of Chapter 49, Title 11 of the 1976 Code as added by it, or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subsection or the chapter added by it which may be given effect without the invalid provision or application. To this end, the provisions of this subsection and the chapter added by it are severable.
B. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-170. (A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section.
(B) (1) Seventy percent of the revenues must be used for healthcare programs. These revenues, or the proceeds derived from the investments permitted in Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:
(a) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;
(b) home and community-based programs for seniors coordinated by the Department of Health and Human Services;
(c) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department of Alcohol and Other Drug Abuse Services;
(d) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;
(e) other health related issues as determined by the General Assembly.
(2) Fifteen percent of the revenues, or the proceeds derived from the investment of these funds as permitted in Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse:
(a) tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, 'tobacco quota owner' and 'tobacco grower' have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230;
(b) after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a). After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund.
(3) Fifteen percent of the revenues, or the proceeds derived from the investments permitted in Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Economic Development Fund. Earnings on the fund must be credited to the fund. This fund must be used for the following programs:
(a) an amount not to exceed ten million dollars may be used by the South Carolina Coordinating Council for Economic Development for economic development purposes;
(b) the remaining revenue must be credited to the South Carolina Water and Wastewater Infrastructure Fund as provided in Section 13-1-45."
C. All revenues received from the Master Settlement Agreement before July 1, 2001, must be deposited or transferred to a fund separate and distinct from the state general fund and are subject to special distributions as provided in Part I of this act. These revenues are not considered part of the general fund of the State for any purpose whatever.
D. Article 1, Chapter 1, Title 13 of the 1976 Code is amended by adding:
"Section 13-1-45. There is established under the direction and control of the Secretary of Commerce the South Carolina Water and Wastewater Infrastructure Fund for the purposes of selecting, assisting, and financing major qualified projects by providing financing assistance to governmental units and private entities for constructing and improving water and wastewater facilities that are necessary for public purposes, including economic development and for technology-related infrastructure grants for local units of government.
(A) As used in this section:
(1) 'Fund' means the South Carolina Water and Wastewater Infrastructure Fund.
(2) 'Department' means the Department of Commerce.
(3) 'Financing agreement' means any agreement entered into between the department and a qualified borrower pertaining to financing assistance. This agreement may contain, in addition to financing terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the department determines. The term 'financing agreement' includes, without limitation, a loan or grant agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, ordinance or resolution, or similar instrument.
(4) 'Government unit' means a municipal corporation, county, special purpose district, special service district, commissioners of public works, or another public body, instrumentality or agency of this State including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this State which may construct, own, or operate a qualified project.
(5) 'Loan obligation' means a note or other evidence of an obligation issued by a qualified borrower.
(6) 'Financing assistance' means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the department, and in the case of federal funds, as allowed by federal law.
(7) 'Project revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and as provided in the applicable financing agreement, derived from any system of which the qualified project is a part of, from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations, including the proceeds of financing made by the department, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation, and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.
(8) 'Qualified borrower' means any government unit, public or private nonprofit entity approved by the department that is authorized to construct, operate, or own a qualified project and receives financing assistance pursuant to this section.
(9) 'Qualified project' means an eligible project that has been selected by the department to receive financing assistance pursuant to this section.
(10) 'Revenues' means any receipts, fees, income, or other payments received or to be received by the department, expressly for the fund including, without limitation, receipts and other payments deposited for the fund and investment earnings on any monies and accounts established for the fund.
(B) The department shall provide the required staff and may add additional staff or contract for services, if necessary, to administer the fund in accordance with this section. The compensation, costs, and expenses incurred incident to administering the fund may be paid from revenues. If the department requests, the South Carolina Public Service Authority and the State Budget and Control Board may provide legal, technical, planning, and other assistance through intergovernmental agreement. Costs incurred by the authority or the board pursuant to such a request must be reimbursed to them by the department from revenues.
(C) In addition to the powers and authority granted in this chapter, the department has the powers and authority necessary to carry out the purposes of this section including, but not limited to:
(1) establish procedures and guidelines necessary for the administration of this section;
(2) offer any form of financing assistance that the department considers necessary to any qualified borrower for a qualified project;
(3) provide loans or other financing assistance to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loans or other obligations at prices and in the manner the department determines advisable;
(4) provide qualified borrowers with other financing assistance necessary to defray eligible costs of a qualified project;
(5) enter into contracts, arrangements, and agreements with qualified borrowers, governmental units, or other otherwise eligible entities, and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this chapter;
(6) enter into agreements with a department, agency or instrumentality of the United States or of this State or another state for the purpose of planning and providing for the financing of qualified projects;
(7) establish fiscal controls and accounting procedures to ensure proper accounting and reporting by qualified borrowers;
(8) acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or part of its properties and assets of every kind and character or any interest in it to further the public purpose of the fund, without further approval or authorization;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any debt issued by a qualified borrower or other entity receiving assistance pursuant to this section, including the power to pay premiums or fees on insurance, guarantees, letters of credit, and other forms of collateral or security or credit support, without further approval or authorization;
(10) collect fees and charges in connection with financing assistance and expend such funds to effectuate the purposes of this section;
(11) apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this section;
(12) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter.
(D) The department shall establish accounts and subaccounts within the state accounts and any federal accounts to receive and disburse funds to effectuate the purposes of this section. Earnings on the balances in these state accounts must be expended to effectuate the purposes of this section. Earnings on balances in the federal accounts must be credited and invested according to federal law. All accounts must be held in trust by the State Treasurer and the unexpended funds in these accounts carry forward from year to year. All earnings on state accounts must be retained in those accounts and used for the same purposes.
(E) The department shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive financing assistance under this section. Priority in funding must be given to projects located in underdeveloped areas of the State.
(F) In selecting qualified projects, the department shall consider the projected feasibility of the project and the amount of financial risk. The department also may consider, but is not limited to, the following criteria in making its determination that an eligible project is a qualified project:
(1) local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located;
(2) economic benefit of the project;
(3) readiness of the project to proceed;
(4) ability of the applicant to repay financial assistance obtained;
(5) financial or in-kind contributions to the project;
(6) development status of the county in which the project is located; and
(7) whether the governing bodies of the county or the incorporated municipality in which the project is located provide to the department a resolution that makes a finding that the project is essential to economic development in the political subdivisions, or the department receives a resolution or certificate from the Coordinating Council for Economic Development that the project is essential to economic development in this State, or both, at the option of the department.
(G) Qualified borrowers may obtain financing assistance pursuant to this section through financing or grant agreements. Qualified borrowers entering into financing or grant agreements or issuing debt obligations may perform any acts, take any action, adopt any proceedings, or make and carry out any contracts or agreements with the department as may be agreed to by the department and any qualified borrower and necessary for effectuating the purposes of this section.
(H) In addition to the authorizations contained in this section, all other statutes or provisions permitting government units to borrow money and issue obligations including, but not limited to, the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act of 1937, may be utilized by any government unit in obtaining financing assistance from the department pursuant to this section. Notwithstanding the foregoing, obligations secured by ad valorem taxes may be issued by a government unit and purchased by the department or its agent without regard to any public bidding requirement.
(I) A qualified borrower may receive, apply, pledge, assign, and grant security interest in project revenues; and, in the case of a governmental unit, its project revenues, revenues derived from a special source or ad valorem taxes, to secure its obligations as provided in this section, and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues, to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
(J) If a qualified borrower fails to collect and remit in full all amounts due under any related financing agreement, note, or other obligation, the department may, on or after the date these amounts are due, notify the State Treasurer who shall withhold all or a portion of the state funds and all funds administered by this State, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due; or in the case of a private entity, the department may pursue recovery pursuant to Chapter 56 of Title 12; or the department may pursue any other remedy provided by law.
(K) Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which this State is a party, the requirements of federal law imposed on this State, or judgments of a court binding on this State.
(L) Notice, proceeding, or publication, except those required in this section, are not necessary to the performance of any act authorized in this section nor is any act of the department subject to any referendum.
(M) Following the close of each state fiscal year, the department shall submit an annual report of its activities pursuant to this section for the preceding year to the Governor and to the General Assembly."
E. 1. That portion of the first paragraph of Section 58-31-30 preceding item (1) and items (22) and (23) in the first paragraph of the 1976 Code, as last amended by Act 283 of 1996, are amended to read:
"The Public Service Authority has power to develop the Cooper River, the Santee River, and the Congaree River in this State, as instrumentalities of intrastate, interstate, and foreign commerce and navigation; to produce, distribute, and sell electric power; to acquire, treat, distribute, and sell water at wholesale; to collect, treat, and dispose of sewage; to reclaim and drain swampy and flooded lands; and to reforest the watersheds of -rivers in this State; and also has all powers which may be necessary or convenient for the exercise of these powers, including without limiting the generality of the foregoing, the following powers:
(22) To acquire or purchase, if requested to do so, or to construct, operate, and maintain all structures and facilities necessary, useful, or customarily used and employed in the treatment and distribution of water for industrial, commercial, domestic, or agricultural purposes and for the collection, treatment, or disposal of sewage within the counties of Berkeley, Calhoun, Charleston, Clarendon, Colleton, Dorchester, Orangeburg, and Sumter. The provisions of this section do not apply to the acquisition or purchase of existing electric systems.
(23) To acquire, treat, transmit, distribute, and sell water at wholesale and to collect, treat, and dispose of sewage within the counties of Berkeley, Calhoun, Charleston, Clarendon, Colleton, Dorchester, Orangeburg, and Sumter if requested in writing to do so by the governing body of any incorporated municipality, by the governing body of any special purpose district providing water or sewer service in the unincorporated areas of each county, or by the governing body of each county for those unincorporated areas not so provided water or sewer service by a special purpose district. The authority may not transfer water from one river basin to another except for those located in the counties specified in this item. However, the authority shall prepare and maintain its books and records for its water supply and wastewater operations separate and apart from its books and records for the generation, transmission, and distribution of electric power. The costs of water supply operations, including the loss of the generation of hydroelectric power, may not affect rates and charges for electric service. Water must be offered for sale by the authority on a nondiscriminatory basis without regard to whether electricity is also purchased from the authority."
2. The first paragraph of Section 58-31-30 of the 1976 Code, as last amended by Act 283 of 1996, is further amended by adding at the end:
"(24) To establish, in addition to any entities previously established, such entities as necessary or appropriate to sell water at wholesale, to collect, treat, and dispose of sewage, and to carry out the other purposes of this chapter."
F. Section 58-31-80 of the 1976 Code, as last amended by Act 156 of 1987, is further amended to read:
"Section 58-31-80. The Public Service Authority is created primarily for the purpose of developing the Cooper River, the Santee River, the Congaree River, and their tributaries upstream to the confluence of the Broad and Saluda Rivers and upstream on the Wateree River to a point at or near Camden and other similar projects as instrumentalities of intrastate, interstate, and foreign commerce and navigation; of reclaiming wastelands by the elimination or control of flood waters, reforesting the watersheds of the rivers and improving public health conditions in those areas. It is found that the project authorized by this chapter is for the aid of intrastate, interstate, and foreign commerce and navigation, and that the aid and improvement of intrastate, interstate, and foreign commerce and navigation, the development, sale, and distribution of hydroelectric power, and the treatment, sale, and distribution of water at wholesale, and the collection, treatment, and disposal of sewage, are in all respects for the benefit of all the people of the State, for the improvement of their health and welfare and material prosperity, and are public purposes, and being a corporation owned completely by the people of the State, the Public Service Authority is required to pay no taxes or assessments upon any of the property acquired by it for this project or upon its activities in the operation and maintenance of the project, except as provided in this section. The securities and other obligations issued by the Public Service Authority, their transfer and the income from them at all times are free from taxation. However, unless otherwise provided in any contract with an agency of the United States Government as assists in financing the projects contemplated in this section or any other agency from which the funds may be secured, all electrical energy developed by the authority must be sold at rates in the determination of which the taxes which the project would pay if privately owned, to the extent provided in this section, as well as other rate-making factors properly entering into the manufacture and distribution of the energy must be considered. After payment of necessary operating expenses and all annual debt requirements on bonds, notes, or other obligations at any time outstanding and the discharge of all annual obligations arising under finance agreements with the United States or any agency or corporation of the United States and indentures or other instruments under which bonds have been, or may be issued, the authority shall pay annually to the various counties of the State a sum of money equivalent to the amount paid for taxes on properties at the time of their acquisition by the authority, acquired, or to be acquired, in the counties, and the authority shall pay to all municipalities and school districts in the counties in which the authority has acquired, or may acquire properties, a sum of money equivalent to the amount paid for taxes to the school districts and municipalities on the properties at the time of their acquisition by the authority; and no other taxes may be considered in the fixing of the rates of the authority. From the funds to be paid under this section the counties, school districts, and municipalities annually shall apply a sum sufficient for the debt requirements for bonds and other obligations of the counties, school districts, and municipalities for which the properties were taxed at the time of their acquisition by the authority, with the remainder of the funds to be expended in accordance with law."
G. Except where otherwise stated, this section takes effect upon approval by the Governor.
TO AMEND SECTIONS 31-12-40 AND 31-12-50, BOTH AS AMENDED, OF THE 1976 CODE, BOTH RELATING TO REDEVELOPMENT AUTHORITIES, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP COMPOSITION OF REDEVELOPMENT AUTHORITIES CONTROLLING PROPERTY LOCATED WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY ARE NOT STATE AGENCIES AND ARE EXEMPTED FROM PROVISIONS OF STATE LAW GOVERNING THE TRANSACTIONS OF STATE AGENCIES; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES CREATED PURSUANT TO THE PROVISIONS OF THIS SECTION MUST DEFEND AND INDEMNIFY THE STATE AGAINST ALL LIABILITY RELATING TO TRANSACTIONS INVOLVING REAL OR PERSONAL FEDERAL PROPERTY TO THE EXTENT OF THE VALUE OF THE PROPERTY; TO PROVIDE THAT ASSETS, LIABILITIES, INCOME, AND REVENUE DESIGNATED FOR THE REDEVELOPMENT AUTHORITY SHALL REMAIN WITH THE REDEVELOPMENT AUTHORITY AND THAT THE REDEVELOPMENT AUTHORITY SHALL DEFEND AND INDEMNIFY THE MUNICIPALITY AGAINST ALL LIABILITY RELATING TO TRANSACTIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT OR OF AN AUTHORITY CREATED PURSUANT TO THIS ACT; TO PROVIDE FOR THE FILLING OF VACANCIES ON REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; AND TO AMEND SECTION 61-4-510, AS AMENDED, RELATING TO DISTRIBUTION OF CERTAIN FEES TO A REDEVELOPMENT AUTHORITY, SO AS TO SPECIFY HOW THE FEES MUST BE DISTRIBUTED WHEN AN AUTHORITY IS ESTABLISHED OR DISSOLVED; AND TO PROVIDE TRANSITION PROVISIONS.
A. Section 31-12-40 of the 1976 Code, as last amended by Act 421 of 1998, is further amended to read:
"Section 31-12-40. (A) The Governor may create separate and distinct bodies corporate and politic to be known as redevelopment authorities to oversee the disposition of real and personal federal property that has been or will be turned over to the State or to the redevelopment authority as referred to in the Defense Base Closure and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time, by the federal government or real and personal federal property that has been designated as surplus property by the federal government and is to be disposed of by the State or the redevelopment authority as a result of the closure, realignment, or drastic downsizing of federal defense facilities in the State. No more than one authority may be created with jurisdiction over a single federal military installation or other federal defense site. Only one authority may be designated within a county, and the Governor shall exercise his authority under this chapter so as to ensure that the composition of any authority created under this section is structured or restructured in accordance with the requirements contained in this section as additional properties may be added through other closures, realignments, and drastic downsizings, as properties are disposed of and as federally defined Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If an authority is designated, it is the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.
(B) If the federal property subject to disposal is contained wholly within one county, which county does not lie in an MSA extending over more than one South Carolina county and is not included in a multicounty authority under subsections (C) or (D), the authority must include:
(1) two representatives of the State, nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) three representatives of the county appointed by the county governing body;
(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the federal defense properties scheduled for disposal, appointed by the municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of the county.
(C) If the federal property subject to disposal is contained within more than one county, with no portion of the counties lying within an MSA which extends over more than one South Carolina county, the authority must include:
(1) two representatives of the State nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) two representatives of each county appointed by the respective county governing body;
(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the federal defense properties scheduled for disposal, appointed by the respective municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of one of the counties.
(D) (1) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county and the major portion of which property lies within a municipality's boundary, the authority shall consist of must include:
(a) one representative who is a resident of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the Governor;
(b) one representative who is a resident of each South Carolina county in the MSA not entitled to a resident representative under subsection (D)(1)(a), appointed by the Governor;
(c) additional seven representatives who are residents of the respective municipalities as may be necessary to provide any municipality within whose boundaries the major portion of federal defense properties scheduled for disposal lies with one less than the collective number of representatives provided for in subsections (D)(1)(a), (D)(1)(b), and (D)(1)(e) appointed by the Governor from a slate of candidates submitted appointed by the municipal governing body;.
(d) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to provide that county with one less than the collective number of representatives provided for in subsections (D)(1)(a), (D)(1)(b), and (D)(1)(e) appointed by the county governing body;
(e) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to representation under subsections (D)(1)(a), (D)(1)(b),or (D)(1)(d);
(2) the Governor, in his discretion, may accept or reject the name of any individual submitted for his consideration pursuant to subsection (D)(1)(c). If the name of an individual is rejected or is not submitted to the Senate as provided in subsection (H), the municipality may submit the name of another individual for the Governor's consideration as provided in subsection (D)(1)(c); and
(3) notwithstanding any other provision of law, an individual appointed pursuant to subsections (D)(1)(a) through (D)(1)(e) may be removed as provided in Section 1-3-240(B).
(2) Notwithstanding any other provision of law, upon the passage of an ordinance or resolution creating an authority and the appointment of representatives by the municipal governing body, a redevelopment authority provided for in subsection (D)(1) shall be deemed to be created by the municipality and shall cease to be a creation of the State. An authority created pursuant to this subsection shall be a distinct body corporate and politic established with the same powers, duties, and responsibilities exercised by other redevelopment authorities established pursuant to this chapter, mutatis mutandi.
(3) Notwithstanding any other provision of law, in accordance with subsection (D)(2), a redevelopment authority provided for in subsection (D)(1) shall not be deemed a state agency subject to the provisions of law which govern the transactions of state agencies, including, but not limited to, Sections 1-11-55, 1-11-56, 1-11-57, 1-11-65, 31-12-120 or Chapter 35 of Title 11, South Carolina Consolidated Procurement Code.
(4) To the extent of the value of any real and personal federal property that has been or will be turned over to, acquired, leased or purchased by a redevelopment authority provided for in subsection (D)(1) and to the extent of the value of any real and personal federal property that has been designated as surplus property by the federal government and is to be disposed of by such a redevelopment authority, the redevelopment authority shall provide the defense for and indemnify and hold the State harmless for any and all pending and future litigation and claims arising out of or in connection with any transactions or events involving any real property or personal property that has been or will be turned over to, acquired, leased or purchased by the redevelopment authority or any related activities which occurred prior to the effective date of this subsection.
(5) All assets and liabilities shall remain with the authority created pursuant to subsection (D)(2). Additionally, all income and revenue designated for the authority shall remain with the authority. The redevelopment authority shall provide the defense for and indemnify and hold harmless the municipality, identified in subsection (D)(1), for any and all pending and future litigation and claims arising out of or in connection with any transactions, events, or activities of the authority in existence at the date of this section, as amended, or an authority created pursuant to subsection (D)(2).
(E) A member of an authority may not be an elected official or hold another office of honor or profit of this State or any of its political subdivisions while serving on the authority as prohibited by the South Carolina Constitution. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation or other federal defense site expire on March 1, 1995. The Governor may issue no executive order relating to the purposes of this chapter except to create or to modify the membership of an authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this chapter with regard to property scheduled for disposal which was also the subject of an executive order of the Governor issued prior to the effective date of this act, the authority, by its resolution, may assume all or part of the responsibilities and activities of the entity previously authorized by the executive order.
(H) The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), and subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1)(a), (D)(1)(b), (D)(1)(c), (D)(1)(d), and (D)(1)(e) are subject to the advice and consent of the Senate.
(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsection (B), or (C) or (D), respectively.
(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer. The Senate must be notified of the interim appointment, which must be submitted no later than the end of the third week of its next regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided, that if the Senate does not advise and consent to an appointment before sine die adjournment of that session, the office remains vacant and the interim appointment does not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until the term for which the interim appointee would have served expires. This subsection does not apply to vacancies occurring in a redevelopment authority provided for in subsection (D)(1), which vacancies shall be filled by the municipal governing body.
(K) A vacancy occurring while the Senate is in session, including a vacancy occurring due to the failure of the Senate to give advice and consent to an appointment, may be filled while the Senate is in session by an appointment of an individual other than the one that failed to receive advice and consent. The appointment must be transmitted to the Senate for its consideration within one week after the appointment is made. If the vacancy occurs prior to May 1 and the Senate does not advise and consent to the appointment before sine die adjournment of that session, the office remains vacant and the appointee does not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed until the term for which the appointee would have served expires. If the vacancy occurs on or after May 1, the appointee is an interim appointee and is subject to the provisions of subsection (J). This subsection does not apply to vacancies occurring in a redevelopment authority provided for in subsection (D)(1), which vacancies shall be filled by the municipal governing body.
(L) [Reserved]"
B. Section 31-12-50 of the 1976 Code, as last amended by Act 421 of 1998, is further amended to read:
"Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split equally between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor pursuant to Section 31-12-40(D)(1)(e), who shall serve an initial two-year term. After the initial terms, all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.
(B) Vacancies for the unexpired terms of a member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. A member who is guilty of malfeasance, misfeasance, incompetency, persistent absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity is subject to removal by majority vote of the appointing body upon any of the foregoing causes being made to appear satisfactory to the appointing body. A member is subject to removal by an appointing body, with or without cause, upon a two-thirds vote of an appointing body. An appointing officer may remove a member of an authority with or without cause. A member shall receive, as the authority determines, reimbursement for reasonable travel expenses and other out-of-pocket expenses incurred in the discharge of the member's duties."
C. Section 61-4-510(B) and (C) of the 1976 Code, as amended by Act 462 of 1996, are amended to read:
"(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31 established as provided in Section 31-12-40(D)(1) and (D)(2). All other requirements for retail permits provided in Sections 61-2-120 and 61-4-500 apply to the special permits authorized by this section.
(C) (1) Upon the establishment of an authority pursuant to subsection (D)(1) comprised of municipal appointees, the fee credited to the special account pursuant to subsection (B) must be distributed to the redevelopment authority. Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located within whose borders the major portion of the federal defense property is located that was subject to disposal. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(e) nourishment, renourishment (resanding) and maintenance of beaches;
(f) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(g) maintenance of public beach access;
(h) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(i) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings."
D. Notwithstanding any provision of this act a redevelopment authority established pursuant to Section 31-12-40(D) may continue to operate until a new redevelopment authority is established pursuant to Section 31-12-40(D)(2) and appointed as provided in Section 31-12-40(D)(1).
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION.
(A) Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended by adding:
( 1) Department of Education
(a) School Buses 10,175,000
(b) Gov's School for Math & Science - Bldg Construction 4,000,000
( 2) Higher Education Institutions
(a) Citadel
Replace Padgett-Thomas Barracks 3,000,000
(b) Clemson
Civil Engineering/Textiles Building 6,000,000
Fike Recreation Center Expansion & Renovation 2,000,000
(c) University of Charleston
Science Bldg. Renovation 6,000,000
Simons Center for the Arts 3,000,000
(d) Coastal Carolina
Atlantic Center - Marine Science Program 200,000
Science Center - Bldg & Renovation 3,500,000
EM Singleton Bldg. Renovation 1,200,000
(e) Francis Marion
Schools of Education and Business Bldg 4,000,000
(f) Lander
HVAC Repairs and Upgrades 485,000
Math/Science Complex - Repair Brick Veneer 150,000
Genesis Building - Renovation 125,000
Student Center Facility 6,000,000
(g) SC State
Deferred Maintenance - Phase Two 6,000,000
Lowman Hall Renovation/Addition 1,094,625
(h) USC- Columbia
School of Law - New Building 5,000,000
Gibbes Green - LeConte Building Renovation 5,000,000
(i) USC - Aiken
Convocation Center 6,000,000
(j) USC - Salkehatchie
Campus Renovation 980,000
(k) USC - Spartanburg
Information Center 6,000,000
Renovation to Administration Bldg. 1,000,000
(l) USC - Beaufort
New River Facility 1,500,000
(m) USC - Sumter
Alice Drive Baptist Church - Acquisition 1,000,000
(n) Winthrop
Peabody Health Sciences Building 6,000,000
Rutledge Roof Repair 964,636
Window Replacement 1,535,364
(o) MUSC
College of Dental Medicine 6,300,000
College of Pharmacy Renovation 1,000,000
( 3) Board for Technical and Comprehensive Education
(a) Equipment & Technology Infrastructure 1,000,000
(b) Spartanburg Tech - Std. Services Bldg. 3,508,000
(c) Trident Tech - Renovate IED Complex (Electro-Mech Lab) 4,500,000
(d) Midlands Tech - NE Classroom/Student Serv. Bldg. 3,000,000
(e) Florence/Darlington Tech - Applied Technology Center 3,500,000
(f) Greenville Tech - Industrial Complex Renovation 2,500,000
(g) York Tech - Classroom Bldg/Chester County 2,000,000
(h) Tri-County Tech - Anderson/Miller/Pickens Renovation 2,200,000
(i) Central Carolina Tech -Repair/Renovation Existing Facilities 500,000
(j) Chesterfield-Marlboro Tech - Parking Area Renovation 125,000
(k) Orangeburg-Calhoun Tech - Learning Resource Cntr. Renov 500,000
(l) Aiken Tech - Chilled Water Plant Replacement 500,000
(m) Piedmont Tech - Building Renovation 2,000,000
(n) Williamsburg Tech - Tech Bldg. New Construction 1,000,000
(o) Denmark Tech - Renovation to Bldg 400 669,860
(p) Denmark Tech - Building Renovation 1,447,700
(q) Horry-Georgetown Tech - Grand Strand Campus Renov. 1,000,000
(r) TEC of the Lowcountry 1,191,000
( 4) Educational Television Commission
Conversion to Digital Transmission 5,000,000
( 5) School for the Deaf & Blind
Herbert Center Renovation 5,161,750
( 6) State Library
McCormick County Library 800,000
( 7) State Museum
(a) Observatory Planetarium Theater 5,000,000
(b) Calhoun County Museum 1,000,000
( 8) Department of Health & Human Services
(a) Piedmont Agency on Aging 100,000
(b) Edgefield Senior Center 300,000
(c) Pee Dee Agency on Aging 1,500,000
(d) Children's Center in Orangeburg 175,000
(e) Gaffney Senior Citizens Repairs 125,000
(f) Darlington Free Medical Clinic Repairs 50,000
(g) Richland County Senior Citizens Repairs 100,000
( 9) Department of Health & Environmental Control
The Children's Center 650,000
(10) Department of Mental Health
(a) Greenville Mental Health Center 1,765,000
(b) Columbia Area Mental Health Center 3,000,000
(11) Department of Disabilities & Special Needs
Lee County Disabilities & Special Needs 200,000
(12) Department of Alcohol & Other Drug Abuse Services
(a) Adolescent Residential Treatment Program 1,234,525
(b) Clarendon County Alcohol & Drug Center 200,000
(13) Department of Agriculture
(a) Spartanburg Downtown Farmers Market 60,000
(b) Small Farmers Cooperative 300,000
(14) Department of Natural Resources
Sampit River Landing 150,000
(15) Department of Parks, Recreation & Tourism
(a) Palmetto Trails 100,000
(b) Greenwood Conference Center 1,000,000
(c) Old Exchange Commission 900,000
(d) Freewoods Foundation 125,000
(e) Fingerville Community Center 100,000
(f) Boiling Springs Athletic Complex 150,000
(g) Oconee Tourism Facility 50,000
(h) Sumter County Welcome Center 50,000
(i) Patriot Hall Complex 250,000
(j) Williams Brice Museum 250,000
(k) Camp Woodie 100,000
(l) Musgrove Mill 125,000
(m) Santee Trail 50,000
(n) Springdale Race Course 200,000
(o) Lake Ashwood Facility 50,000
(p) Cannoneers Program 50,000
(q) Conway Community Development Project 100,000
(r) Hunley Restoration 1,000,000
(s) Heritage Corridor 2,000,000
(t) Old Jail Charleston 250,000
(u) Carver's Bay Resource Center 250,000
(v) Columbia Zoo 300,000
(16) Department of Commerce
(a) Lowcountry Airport 385,000
(b) Historical Greenville Foundation 4,000,000
(c) Lake Marion Regional Water Project 2,000,000
(d) Pleasant Valley Commons 600,000
(e) Downtown Johnston Development 225,000
(f) Mayesville Downtown Revitalization 100,000
(g) Upstate Work Camp 1,000,000
(h) Honea Path Water Tank 200,000
(i) Williamston Textile Museum 50,000
(j) Piedmont Sewer Study 90,000
(k) Due West Water Project 500,000
(l) Ware Shoals Old Mill Project 500,000
(m) Starr-Ive Water 200,000
(n) Midlands Film Initiative 4,000,000
(o) Columbia Convention Center 2,500,000
(17) Budget and Control Board - Division of Operations
Governor's Mansion Renovation 594,872
______________
TOTAL $181,617,332.
(B) Section 4 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,445,465,475.10 2,627,082,807.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
(C) Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section.
(D) No funds for the projects authorized in subsection (A) shall be released until January 1, 2001.
This web page was last updated on Friday, June 26, 2009 at 9:50 A.M.