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H. 4127
STATUS INFORMATION
General Bill
Sponsors: Reps. Wilkins, Harrell, Quinn, Harrison, W.D. Smith, Cotty, Cato, Young, Tripp, Leach, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D.C. Smith, G.M. Smith, J.R. Smith, Toole, G.R. Smith and Bailey
Document Path: l:\council\bills\gjk\20560sd03.doc
Companion/Similar bill(s): 609
Introduced in the House on April 30, 2003
Introduced in the Senate on May 5, 2004
Last Amended on April 29, 2004
Currently residing in the Senate
Summary: Government restructuring, establishing Dept. of Administration, other provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/30/2003 House Introduced and read first time HJ-101
4/30/2003 House Referred to Committee on Ways and Means HJ-102
1/13/2004 House Member(s) request name added as sponsor: G.R.Smith
4/22/2004 House Committee report: Favorable with amendment Ways and
Means HJ-12
4/28/2004 House Requests for debate-Rep(s). Scott, JE Smith, J Brown,
Govan, Hosey, Harrell, Cooper, GR Smith, Allen, FN
Smith, Keegan, Trotter, Dantzler, Chellis, Lloyd, MA
Pitts, JR Smith, and G Brown HJ-59
4/28/2004 House Debate adjourned HJ-141
4/29/2004 House Member(s) request name removed as sponsor: Pinson,
M.A.Pitts
4/29/2004 House Member(s) request name added as sponsor: Bailey
4/29/2004 House Amended HJ-34
4/29/2004 House Read second time HJ-101
4/29/2004 House Roll call Yeas-69 Nays-15 HJ-101
5/4/2004 House Read third time and sent to Senate HJ-17
5/5/2004 Senate Introduced and read first time SJ-6
5/5/2004 Senate Referred to Committee on Judiciary SJ-6
5/6/2004 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/30/2003
4/22/2004
4/29/2004
5/6/2004
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
MINORITY UNFAVORABLE
May 6, 2004
H. 4127
Introduced by Reps. Wilkins, Harrell, Quinn, Harrison, W.D. Smith, Cotty, Cato, Young, G.R. Smith, Tripp, Bailey, Leach, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D.C. Smith, G.M. Smith, J.R. Smith and Toole
S. Printed 5/6/04--S.
Read the first time May 5, 2004.
To whom was referred a Bill (H. 4127) to enact the "South Carolina Restructuring Act of 2003" including provisions to amend Section 1-30-10, as amended, Code of Laws of South Carolina, 1976, etc., respectfully
Has polled the Bill out with amendment, to wit:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows:
(1) Governor, three;
(2) Lieutenant Governor, two;
(3) Secretary of State, three;
(4) Treasurer, one;
(5) Attorney General, fifty;
(6) Adjutant General, one;
(7) Comptroller General, two;
(8) Superintendent of Education, two;
(9) Commissioner of Agriculture, two;
(10) each member of the General Assembly, one;
(11) office of the Speaker of the House of Representatives, one;
(12) Clerk of the Senate, one;
(13) Clerk of the House of Representatives, one;
(14) each committee room of the General Assembly, one;
(15) each member of the Legislative Council, one;
(16) Code Commissioner, one;
(17) Legislative Council, ten;
(18) Supreme Court, fourteen;
(19) Court Administration Office, five;
(20) each circuit court judge, one;
(21) each circuit court solicitor, one;
(22) each family court judge, one;
(23) each county court judge, one;
(24) Administrative Law Judge Division, nine;
(25) College of Charleston, one;
(26) The Citadel, two;
(27) Clemson University, three;
(28) Francis Marion College, one;
(29) Lander College, one;
(30) Medical University of South Carolina, two;
(31) South Carolina State College, two;
(32) University of South Carolina, four;
(33) each regional campus of the University of South Carolina, one;
(34) University of South Carolina Law School, forty-six;
(35) Winthrop College, two;
(36) each technical college or center, one;
(37) each county governing body, one;
(38) each county clerk of court and register of deeds where such offices are separate, one;
(39) each county auditor, one;
(40) each county coroner, one;
(41) each county magistrate, one;
(42) each county master in equity, one;
(43) each county probate judge, one;
(44) each county public library, one;
(45) each county sheriff, one;
(46) each public defender, one;
(47) each county superintendent of education, one;
(48) each county treasurer, one;
(49) Library of Congress, three;
(50) United States Supreme Court, one;
(51) each member of Congress from South Carolina, one;
(52) each state library which furnishes this State a free set of its Code of Laws, one;
(53) Division of Aeronautics of the Department of Commerce Transportation, one;
(54) Department of Alcohol and other Drug Abuse Services, one RESERVED;
(55) Department of Archives and History, one;
(56) Board of Bank Control, one;
(57) Commissioner of Banking, one;
(58) Budget and Control Board:
(a) Auditor, six Executive Director, two;
(b) General Services Division, six Auditor, three;
(c) Personnel Division, one Statehouse, Legislative and Judicial Facilities Operations Division, two;
(d) Research and Statistical Services Division, one Budget and Analyses Division; one;
(e) Retirement System Division, one;
(f) Insurance and Grants Services Division, one;
(g) Procurement Services Division, one;
(h) Strategic Planning and Operations Division, one;
(i) Internal Audit and Performance Review Division, one;
(j) Office of State Chief Information Officer, one;
(59) Children's Bureau, one RESERVED;
(60) Department of Consumer Affairs, one;
(61) Department of Corrections, two;
(62) Criminal Justice Academy, one;
(63) Department of Commerce, five;
(64) Employment Security Commission, two;
(65) Ethics Commission, one;
(66) Forestry Commission, one;
(67) Department of Health and Environmental Control, five
(67A) Department of Health and Human Services:
(a) Division of Administration, one;
(b) Division of Behavioral Health Services, two;
(c) Division of Human Services, five;
(d) Division of Advocacy and Service Coordination, three;
(68) Department of Transportation, five;
(69) Department of Public Safety, five;
(70) Human Affairs Commission, one;
(71) Workers' Compensation Commission, seven;
(72) Department of Insurance, two;
(73) Department of Juvenile Justice and Aftercare, one;
(74) Department of Labor, Licensing and Regulation, two;
(75) South Carolina Law Enforcement Division, four;
(76) Legislative Audit Council, one;
(77) State Library, three;
(78) Department of Mental Health, three RESERVED;
(79) Department of Disabilities and Special Needs, five;
(80) Ports Authority, one;
(81) Department of Probation, Parole and Pardon, two;
(82) Public Service Commission, three;
(83) Department of Social Services, two RESERVED;
(84) Department of Revenue, six;
(85) Board for Technical and Comprehensive Education, one;
(86) Veterans' Affairs Division of the Governor's office, one;
(87) Vocational Rehabilitation, one;
(88) Department of Natural Resources, four;
(89) Department of Administration, five."
SECTION 1. Chapter 30, Title 1 of the 1976 Code, as last amended by Act 51 of 2003, is further amended to read:
"Section 1-30-10. (A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole, and Pardon Services
16. Department of Public Safety
17. Department of Revenue
18. Department of Social Services
19. Department of Transportation
a. Department of Administration
b. Department of Agriculture
c. Department of Commerce
d. Department of Corrections
e. Department of Disabilities and Special Needs
f. Department of Education
g. Department of Health and Environmental Control
h. Department of Health and Human Services
i. Department of Insurance
j. Department of Juvenile Justice
k. Department of Labor, Licensing and Regulation
l. Department of Motor Vehicles
m. Department of Natural Resources
n. Department of Parks, Recreation and Tourism
o. Department of Probation, Parole and Pardon Services
p. Department of Public Safety
q. Department of Revenue
r. Department of Transportation
(B)(1) The governing authority of each department shall be either:
(i) a director, and in the case of the Department of Commerce, the or a secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240(B); or,
(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.
(2) In making appointments to boards and an appointment for a governing authority of a department directors, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector.
(C)(1) Each department shall be organized into appropriate divisions subdivisions by the governing authority of the department through further consolidation or further subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the into divisions lies with the General Assembly in furtherance of its mandate pursuant to Article XII of the South Carolina Constitution. The dissolution of any division must receive legislative approval by authorization included in the annual general appropriations act likewise be statutorily approved by the General Assembly.
Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.
(2) Notwithstanding the provisions of subsection (C)(1), the Department of Health and Human Services is organized pursuant to Section 1-30-50, Chapter 6, Title 44, and as otherwise provided by law.
(D) The governing authority of a department is vested with the duty of overseeing, managing, and controlling the operation, administration, and organization of the department. The governing authority has the power to create and appoint standing or ad hoc advisory committees in its discretion or at the direction of the Governor to assist the department in particular areas of public concern or professional expertise as is deemed appropriate. Such committees shall serve at the pleasure of the governing authority and committee members shall not receive salary or per diem, but shall be entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
(E) The governing authority of a department director may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions; in the case of the Department of Commerce, the Secretary of Commerce may appoint a departmental executive director and also may appoint directors to manage the various divisions of the Department of Commerce and in the case of the Department of Health and Human Services, the Secretary shall appoint undersecretaries to manage the divisions within the Department of Health and Human Services. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Deputy directors serve at the will and pleasure of the department director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the department director.
(F)(1) In the event a vacancy should occur occurs in the office of department director the department's governing authority at a time when the General Assembly is not in session, the Governor may temporarily fill the vacancy pursuant to Section 1-3-210.
(2) Notwithstanding the provisions of subitem (F)(1), as of July 1, 1993, for each department created pursuant to the provisions of this act which must be governed by a single director, an initial interim director shall serve as the governing authority, serving until January 31, 1994. During that period the following departments must be governed by the director or interim director of the following agencies as of June 30, 1993:
(i) Department of Corrections, created pursuant to Section 1-30-30, by the director of the former Department of Corrections;
(ii) Department of Juvenile Justice created pursuant to Section 1-30-60, by the interim director of the former Department of Youth Services;
(iii) Department of Probation, Parole, and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;
(iv) Department of Social Services created pursuant to Section 1-30-100, by the director of the former Department of Social Services;
(v) Department of Parks, Recreation and Tourism created pursuant to Section 1-30-80, by the director of the former Department of Parks, Recreation and Tourism;
(vi) Department of Commerce created pursuant to Section 1-30-25, by the Executive Director of the former State Development Board;
(vii) Department of Alcohol and Other Drug Abuse Services created pursuant to Section 1-30-20, by the director of the former South Carolina Commission on Alcohol and Drug Abuse.
(3) As of December 1, 1993, the Governor must submit to the Senate the names of appointees to the permanent department directorships for those departments created on July 1, 1993 and February 1, 1994. If no person has been appointed and qualified for a directorship as of February 1, 1994, the Governor may appoint an interim director to serve pursuant to the provisions of (F)(1).
(4) Notwithstanding provisions of (2) and (3) to the contrary, the initial interim director of the Department of Public Safety shall be appointed by the Budget and Control Board. The initial interim director may be appointed as the permanent director of the department by the Governor.
(G)(1) Department and agency governing authorities must, no later than the first day of the 1994 2005 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. If an agency or department has no recommendations for restructuring of divisions, programs, or personnel, its report must contain a statement to that effect. Upon their receipt by the President of the Senate and the Speaker of the House, these reports must be referred as information to the standing committees of the respective bodies most jurisdictionally related in subject matter to each agency. Alternatively, the House and Senate may provide by rule for the referral of these reports. Thereafter, The Governor shall must periodically consult with the governing authorities of the various departments and upon such consultation, the Governor shall must submit a report of any restructuring recommendations to the General Assembly for its review and consideration.
(2) The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:
(i) Office of Executive Policy and Programs;
(ii) Office of Energy Programs;
(iii) Office of Personnel and Program Services;
(iv) Office of Research;
(v) Division of Health;
(vi) Division of Economic Opportunity;
(vii) Division of Economic of Development;
(viii) Division of Ombudsman and Citizens' Services;
(ix) Division of Education;
(x) Division of Natural Resources;
(xi) Division of Human Services.
Department and agency governing authorities must, no later than the first day of the 2005 legislative session, and every three years thereafter, submit to the Governor and the General Assembly a three-year plan that provides initiatives and/or planned actions that implement cost savings and increased efficiencies of services and responsibilities within the projected three-year period.
(H) Department governing authorities must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by Joint Resolution. Reserved
Section 1-30-15. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:
Department of Agriculture, formerly provided for at Section 46-39-10, et seq.
Section 1-30-20. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A)(1) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B)(2) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
(B) Effective on July 1, 2004, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Bureau of Alcohol and Other Drug Abuse Services.
Section 1-30-22. (A) Effective January 1, 2005, the following divisions, offices, programs, or components are transferred to and incorporated in the Department of Administration, which shall be a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):
(1) the Division of General Services of the Budget and Control Board;
(2) the Office of Energy in the Insurance and Grants Services Division of the Budget and Control Board;
(3) the Office of Administrative Services of the Office of the Governor.
(B) Effective January 1, 2005, the Office of State Inspector General in the Department of Administration is established in Chapter 8 of Title 1.
(C) Each transferred office must be maintained as a distinct component of the Department of Administration. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.
(D) Where the provisions of this act transfer offices, or portions thereof, of the Budget and Control Board or the Office of the Governor to the Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Executive Director of the Budget and Control Board and the Office of the Governor shall cause all necessary actions to be taken to accomplish this transfer.
(E) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board or Office of the Governor are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
(F)(1) As used in this subsection:
(a) 'immediate family' means a person who is:
(i) a spouse;
(ii) a child residing in the same household; or
(iii) claimed as a dependent for income tax purposes
(b) 'vendor' means a person or entity who provides or proposes to provide goods or services in excess of an aggregate amount of four hundred thousand dollars to the department pursuant to a contract or contracts for one or more projects within a fiscal year, but does not include an employee of the division, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(2) A vendor must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A person who violates the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(3) A vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the department shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), during the competitive solicitation process or during the term of the contract or contracts.
(4) The prohibition in item (3) specifically applies to the officer or board member of a vendor, holders of an interest in a vendor of more than ten percent, and their immediate family members.
Section 1-30-25. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A)(1) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq. Reserved;
(B)(2) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C)(3) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D)(4) State Development Board, including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its Film Office are budgeted and spent so as to further the following objectives:
(1)(a) stimulation of economic activity to develop the potentialities of the State;
(2)(b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3)(c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4)(d) promotion and correlation of state and local activity in planning public works projects;
(5)(e) promotion of public interest in the development of the State through cooperation with public agencies, private, enterprises, and charitable and social institutions;
(6)(f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7)(g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8)(h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; and
(9)(i) enhancement of the general welfare of the people;
(E)(5) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.
Section 1-30-30. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Corrections:
Department of Corrections, formerly provided for at Section 24-1-10, et seq.
Section 1-30-35. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.
(A)(1) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B)(2) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C)(3) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.
Section 1-30-40. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:
State Department of Education, provided for at Section 59-5-10, et seq.
(B) Effective on July 1, 2004, First Steps to School Readiness, as provided for in Section 59-152-10 et. seq., including all allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with this entity, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Education, Bureau of First Steps to School Readiness, and all powers, duties, obligations, and responsibilities of this entity are devolved upon the Department of Education, Bureau of First Steps School Readiness.
(C) Regulations promulgated by these transferred offices as they formerly existed are continued and are considered to be promulgated by these offices under the newly created Department of Education.
Section 1-30-45. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:
(A)(1) Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;
(B)(2) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(C)(3) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D)(4) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.
Section 1-30-50. (A) Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services:
Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.
(B) Effective on July 1, 2004, the following agencies, boards, and commissions, including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these agencies, boards, commissions, and these entities, except for those subdivisions specifically included or transferred to another department, are transferred to the Department of Health and Human Services, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Health and Human Services:
(1) Department of Health and Human Services, as constituted in subsection (A);
(2) Department of Alcohol and Other Drug Abuse Services, as formerly constituted in Section 1-30-20(A);
(3) Department of Mental Health, as formerly constituted in Section 1-30-70(A);
(4) Department of Social Services, as formerly constituted in Section 1-30-100(A);
(5) State Aging Network, as may be provided for in law or otherwise;
(6) Division of Aging, as formerly constituted in Section 1-30-110(A);
(7) Division for the Review of Foster Care of Children, as formerly constituted in Section 1-30-110(A);
(8) Reserved;
(9) Continuum of Care of Emotionally Disturbed Children, as formerly constituted in Section 1-30-110(A);
(10) Children's Case Resolution System, as formerly provided for in Section 20-7-5230 et seq.;
(11) Long Term Care Ombudsman Program, as formerly provided for in Section 48-38-10 et seq.
(C) Each transferred office must be maintained as a distinct component of the Department of Health and Human Services. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.
(D) Where the provisions of this act transfer offices, or portions thereof, to the new Department of Health and Human Services, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Health and Human Services. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Health and Human Services, with the same compensation, classification, and grade level, as applicable.
(E) Regulations promulgated by these transferred offices as they formerly existed are continued and are considered to be promulgated by these offices under the newly created Department of Health and Human Services.
Section 1-30-55. Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance:
Department of Insurance, formerly provided for at Section 38-3-10, et seq.
Section 1-30-60. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice:
Department of Youth Services, formerly provided for at Section 20-7-6805, et seq.
Section 1-30-65. Effective on February 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Labor, Licensing, and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:
(A) Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;
(B) Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;
(C) Professional and Occupational Licensing Boards including:
Accountancy Board, formerly provided for at Section 40-1-10, et seq.;
Architectural Board of Examiners, formerly provided for at Section 40-3-10, et seq.;
Athletic Commission, formerly provided for at Section 52-7-10, et seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10, et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10, et seq.;
Barrier Free Design Board, formerly provided for at Section 10-5-210, et seq.;
Building Code Council, formerly provided for at Section 6-9-60, et seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10, et seq.;
Chiropractic Examiners Board, formerly provided for at Section 40-9-10, et seq.;
Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10, et seq.;
Dentistry Board, formerly provided for at Section 40-15-10, et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;
Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10, et seq.;
Environmental Systems Operators Board, formerly provided for at Section 40-23-10, et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10, et seq.;
Foresters Registration Board, formerly provided for at Section 48-27-10, et seq.;
Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;
Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section 40-29-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;
Nursing Board, formerly provided for at Section 40-33-10, et seq.;
Nursing Home Administrators Board, formerly provided for at Section 40-35-10, et seq.;
Occupational Therapy Board, formerly provided for at Section 40-36-10, et seq.;
Optometry Board, formerly provided for at Section 40-37-10, et seq.;
Opticianry Board, formerly provided for at Section 40-38-10, et seq.;
Pharmacy Board, formerly provided for at Section 40-43-10, et seq.;
Physical Therapy Examiners, formerly provided for at Section 40-45-10, et seq.;
Physicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10, et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10, et seq.;
Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10, et seq.;
Psychology Board of Examiners, formerly provided for at Section 40-55-20, et seq.;
Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.;
Real Estate Commission regulating Real Estate Brokers, Counsellors Counselors, Salesmen, Auctioneers, and Property Managers, formerly provided for at Section 40-57-10 et seq., and Real Estate Appraisers Board, formerly provided for at Section 40-60-10 et seq.;
Residential Home Builders Board, formerly provided for at Section 40-59-10, et seq.;
Social Worker Board of Examiners, formerly provided for at Section 40-63-10, et seq.;
Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10, et seq.;
Veterinary Medical Examiners, formerly provided for at Section 40-69-10, et seq.
Section 1-30-70. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
(B) Effective on July 1, 2004, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Mental Health and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Mental Health.
Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in, and must be administered as part of the Department of Natural Resources. The department must be divided initially into divisions for Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fisheries, and State Natural Resources Enforcement. The South Carolina Wildlife and Marine Resources Commission, as constituted on June 30, 1993, and after that time, under the provisions of Section 50-3-10 et seq. is the governing authority for the department:
(1) Geological Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq.
Section 1-30-80. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.
Section 1-30-85. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and must be administered as part of the Department of Probation, Parole, and Pardon Services:
Department of Probation, Pardon, and Parole, formerly provided for at Section 24-21-10, et seq.
Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education.
(A) Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office.
Section 1-30-95. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue to be initially divided into divisions for Alcohol Beverage Control and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.;
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Tax Commission, formerly provided for at Section 12-3-10, et seq.
Section 1-30-100. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Social Services:
Department of Social Services, formerly provided for at Section 43-1-10, et seq.
(B) Effective on July 1, 2004, the Department of Social Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Human Services, Bureau of Social Services, and all powers, duties, obligations, and responsibilities of the Department of Social Services are devolved upon the Department of Health and Human Services, Division of Human Services, Bureau of Social Services.
Section 1-30-105. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:
Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
(B) Effective on July 1, 2004, 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 of these agencies, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Transportation to be divided into divisions for Aeronautics, Mass Transit, Construction and Maintenance, Engineering and Planning, and Finance and Administration:
(1) Department of Highways and Public Transportation, except the Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.;
(2) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.
Section 1-30-110. (A) Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;
(B) Effective July 1, 2004, 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 or transferred to another department, are transferred to and incorporated in and shall be administered as part of the Office of the Governor:
(1) State Office of Victims' Assistance;
(2) Department of Veterans Affairs; and
(3) Commission on Women.
(C) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Advocacy and Coordination of Client Services:
(1) Continuum of Care for Emotionally Disturbed Children; and
(2) Division for the Review of the Foster Care of Children.
(D) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services:
Commission on Aging, formerly provided for at Section 43-21-10, et seq.
(E) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Attorney General's Office:
Guardian ad Litem Program.
Section 1-30-120. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the State Law Enforcement Division:
(A) Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;
(B) State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq."
SECTION 1. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. (A) The functions of the State Budget and Board shall be are performed, exercised and discharged under the supervision and direction of the Board through three two management entities: (1) the office of Executive Director and (2) the State Auditor; and through eight divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel),: (1) the General Services Division, (2) the Budget and Analyses Division, (3) the Retirement Division, (4) the Insurance and Grants Services Division, (5) the Procurement Services Division, (6) the State Chief Information Officer Division, (7) the Strategic Planning and Operations Division, and (8) the Internal Audit and Performance Review Division. each Each division to consist consists of a director and such the necessary clerical, stenographic, and technical employees as may be necessary, to be employed by the respective directors with the approval of approved by the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall must be employed by the State Budget and Control Board for such the time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment.
(B) Notwithstanding subsection (A), as of January 1, 2005, the Division of General Services and the Office of Energy in the Insurance and Grants Services Division are transferred to, and incorporated into, the South Carolina Department of Administration.
(C) On and after January 1, 2005, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of:
(1) three management entities;
(a) the office of Executive Director;
(b) the State Auditor; and
(c) the Chief Information Officer;
(2) one organizational entity: the Coordinating Council for Cultural and Information Services; and
(3) seven divisions;
(a) Statehouse, Legislative, and Judicial Facilities Operations Division,
(b) the Budget and Analyses Division,
(c) the Retirement Division,
(d) the Insurance and Grants Services Division,
(e) the Procurement Services Division,
(f) the Strategic Planning and Operations Division, and
(g) the Internal Audit and Performance Review Division.
(D) The Cultural and Information Services organizational entity of the Budget and Control Board is established to coordinate the activities of the State Library, The State Museum, the Old Exchange Commission, the Department of Archives and History, the Educational Television Commission, the Arts Commission, and the Confederate Relic Room of the Budget and Control Board."
SECTION 2. Section 1-11-22 of the 1976 Code is amended to read:
"Section 1-11-22. (A) Notwithstanding any other provision of law, the Budget and Control Board may organize its staff as it deems considers most appropriate to carry out the various duties, responsibilities and authorities assigned to it and to its various divisions and management and organizational entities.
(B) To the extent that any statutory provision divides any responsibilities of any division, office, or program of the Budget and Control Board between the board and one or more state agencies, the transfer must not proceed until a realignment plan for the allocation of staff, assets, and resources is prepared and presented by the board's Executive Director, and approved by the board. Upon the board's approval, the office of the Executive Director must provide for the allocation as specified in the realignment plan as soon as practicable.
(C) Notwithstanding any other provision of law, wherever the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, whether the responsibility be regulatory, oversight, approval, or other, the board is authorized to expend revenues generated by the programs to support the board's responsibilities related to the programs. The funds may be retained and expended in subsequent fiscal years."
SECTION 3. Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-54. (A) As used in this section:
(1) 'administrative standard' means any requirement imposed by the Department of Administration that is binding upon another state agency;
(2) 'regulation' means any statement of general public applicability that implements or prescribes law or policy or practice requirements of the Department of Administration.
(B) Any administrative standard developed by the Department of Administration must be reviewed and approved by the Budget and Control Board prior to implementation.
(C) Any regulation promulgated by the Department of Administration must be reviewed by the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1, prior to implementation."
SECTION 4. Sections 1-11-55, 1-11-56, 11-11-57, and 1-11-58, all as added by Act 153 of 1997, are amended to read:
"Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, government corporation, or other establishment or official of the executive, judicial, or legislative branches branch of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, the Judicial Department, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(2) The Budget and Control Board South Carolina Department of Administration, Division of General Services, is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section.
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the Office Division of General Services of its requirement on rental request forms prepared by the office. Such forms shall indicate the amount and location of space desired, the purpose for which it shall be used, the proposed date of occupancy and such other information as General Services may require. Upon receipt of any such request, General Services shall conduct an investigation of available rental space which would adequately meet the governmental body's requirements, including specific locations which may be suggested and preferred by the governmental body concerned. When suitable space has been located which the governmental body and the office division agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board department as provided for in subsection (5) of this section, General Services shall give its written approval to the governmental body to enter into a lease agreement. All proposed lease renewals shall be submitted to General Services by the time specified by General Services.
(4) The board department shall adopt procedures to be used for governmental bodies to apply for rental space, for acquiring leased space, and for leasing state-owned space to nonstate lessees. Before implementation, these procedures must be submitted to the Budget and Control Board for approval.
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the Director director of the Office Division of General Services of the Department of Administration or his designee.
Section 1-11-56. The State Budget and Control Board Department of Administration, Division of General Services, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. The department must submit regulations for the implementation of this section to the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1. The board department regulations, upon General Assembly approval, shall include procedures for:
(1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;
(2) establishing standards for the quality and quantity of space to be leased by a requesting agency;
(3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:
(a) a nonappropriation for the renting agency,
(b) a dissolution of the agency, and
(c) the availability of public space in substitution for private space being leased by the agency;
(4) rejecting an agency's request for additional space or space at a specific location, or both;
(5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the board's budget office Budget and Control Board's Office of State Budget with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period; and
(7) requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board departmental approval before the adoption of any new lease that commits more than one million dollars in a five-year period.
Section 1-11-57. (1) All transactions involving the exchange of title to real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of an acquisition of title by any governmental body by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the acquisition. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(2) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-58. (1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the State Budget and Control Board Department of Administration, Office Division of General Services, on or before June thirtieth and shall indicate current use, current value, and projected use of the property. Property not currently being utilized for necessary agency operations shall be made available for sale and funds received from the sale of the property shall revert to the general fund.
(2) The Office Division of General Services will shall review the annual reports addressing real property submitted to it and determine the real property which is surplus to the State. A central listing of such property will be maintained for reference in reviewing subsequent property acquisition needs of agencies.
(3) Upon receipt of a request by an agency to acquire additional property, the Office Division of General Services shall review the surplus property list to determine if the agency's needs can may be met from existing state-owned property. If such property is identified, the Office division of General Services shall act as broker in transferring the property to the requesting agency under terms and conditions that are mutually agreeable to the agencies involved.
(4) The Budget and Control Board department may authorize the Office Division of General Services to sell any unassigned surplus real property. The Office of General Services division shall have the discretion to determine the method of disposal to be used, which possible methods include: auction, sealed bids, listing the property with a private broker or any other method determined by the Office of General Services division to be commercially reasonable considering the type and location of property involved."
SECTION 5. Section 1-11-65 of the 1976 Code, as last amended by Act 26 of 1989, is further amended to read:
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution."
SECTION 6. Section 1-11-70 of the 1976 Code is amended to read:
"Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State shall be are subject to the directions of the State Budget and Control Board Department of Administration."
SECTION 7. Sections 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:
"Section 1-11-80. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof.
Section 1-11-90. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board, the interests of the State will not be adversely affected thereby.
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when recommended by the South Carolina Department of Administration and authorized by resolution of the Budget and Control Board, duly recorded in the minutes and records of such Board and when duly approved by the office of the Attorney General; deeds or other instruments conveying such easements over property in the name of or under the control of State agencies, institutions, commissions or other bodies shall be executed by the majority of the governing body thereof, shall name both the State of South Carolina and the institution, agency, commission or governing body as grantors, and shall show the written approval of the majority of the members of the State Budget and Control Board.
Section 1-11-110. (1) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise.
(2) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the Board. The right of condemnation is limited to the right to acquire land necessary for the development of the capitol complex mall in the City of Columbia."
SECTION 8. Section 1-11-180 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 1-11-180. (A) In addition to the powers granted the Budget and Control Board South Carolina Department of Administration under this chapter or any other provision of law, the board department may:
(1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2) approve the destruction or disposal of state agency records;
(3) require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;
(4) approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;
(5)(3) contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs. However, this does not authorize capital expenditures.
(B) The Budget and Control Board South Carolina Department of Administration may must promulgate regulations necessary to carry out this section."
SECTION 9. Chapter 11 of Title 1 of the 1976 Code is amended by adding:
"Section 1-11-185. (A) In addition to the powers granted the Budget and Control Board pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.
(B) The Budget and Control Board may promulgate regulations necessary to carry out its duties.
(C) The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."
SECTION 10. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board, the Division of Motor Vehicle Management headed by a Director, hereafter referred to as the "State Fleet Manager", appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the Board. The Board South Carolina Department of Administration shall develop a comprehensive state Fleet Management Program. The program shall must address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.
The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.
(b) to eliminate unofficial and unauthorized use of state vehicles.
(c) to minimize individual assignment of state vehicles.
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
SECTION 11. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
SECTION 12. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A) and (B), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board' means State Budget and Control Board.
(c) 'Department' means the South Carolina Department of Administration.
Section 1-11-260. (A) The Fleet Manager department shall report annually to the Budget and Control Board board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's department's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board department, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.
Section 1-11-270. (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, and statewide elected officials, and agency heads are provided a state-owned vehicle based on their position. Agency heads may be provided a state-owned vehicle if recommended by the department and approved by the Agency Heads Salary Commission.
(B) Law enforcement officers, as defined by the agency head, may be permanently assigned state-owned vehicles by their respective agency head. Agency heads may assign a state-owned vehicle to an employee when the vehicle carries or is equipped with special equipment needed to perform duties directly related to the employee's job, and the employee is either in an emergency response capacity after normal working hours or for logistical reasons it is determined to be in the agency's interest for the vehicle to remain with the employee. No other employee may be permanently assigned to a state-owned vehicle, unless the assignment is cost advantageous to the State under guidelines developed by the State Fleet Manager department. Statewide elected officials, law enforcement officers, and those employees who have been assigned vehicles because they are in an emergency response capacity after normal working hours are exempt from reimbursing the State for commuting miles. Other employees operating a permanently assigned vehicle must reimburse the State for commuting between home and work.
Section 1-11-280. The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board for each trip, specifying beginning and ending mileage and the job function performed.
The provisions of this section shall do not apply to school buses and service vehicles.
Section 1-11-290. The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:
(a) central purchasing of supplies and parts;
(b) an effective inventory control system;
(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and
(d) preventive maintenance programs for all types of vehicles.
All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.
All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board approval shall be required and that the existing systems shall be uniform with the criteria established by the board. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations shall adjust the appropriation in Part IA, Section 63B, for "Operating Expenses--Lease Fleet" to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.
Section 1-11-310. (A) The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management Department of Administration and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D)(C) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Section of Motor Vehicle Management pending sale or disposal of the vehicle.
(E)(D) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F)(E) Exceptions to requirements in subsections subsection (B) and (C) must be approved by the director of the Division of Motor Vehicle Management department. Requirements in subsection (B) do not apply to the State Development Board.
(G)(F) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.
Section 1-11-320. The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.
Section 1-11-335. The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
Section 1-11-340. The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 13. Section 1-11-710 of the 1976 Code is amended to read:
"Section 1-11-710. (A) The Subject to the approval of the State Budget and Control Board, the Department of Administration shall:
(1) make available to active and retired employees of this State and its public school districts and their eligible dependents group health, dental, life, accidental death and dismemberment, and disability insurance plans and benefits in an equitable manner and of maximum benefit to those covered within the available resources.
(2) approve by August fifteenth of each year a plan of benefits, eligibility, and employer, employee, retiree, and dependent contributions for the next calendar year. The board shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. Provided that However, the Department of Administration, subject to the approval of the Budget and Control Board, by July 1 of the current fiscal year, shall develop and implement a plan increasing the employer contribution rates of the State Retirement System to a level adequate to cover the employer's share for the current fiscal year's cost of providing health and dental insurance to retired state and school district employees. The plan must include a method for the distribution of the funds appropriated as provided by law which are designated for retiree insurance and also must include a method for allocating to school districts, excluding EIA funding, sufficient general fund monies to offset the additional cost incurred by these entities in their federal and other fund activities as a result of this employer contribution charge.
The amounts appropriated in this section shall constitute the State's pro rata contributions to these programs except the State shall pay its pro rata share of health and dental insurance premiums for retired state and public school employees for the current fiscal year.
(3) adjust the plan, benefits, or contributions, at any time to insure ensure the fiscal stability of the system.
(4) set aside in separate continuing accounts in the State Treasury, appropriately identified, all funds, state-appropriated and other, received for actual health and dental insurance premiums due. Funds credited to these accounts may be used to pay the costs of administering the health and dental insurance programs and may shall not be used for purposes of other than providing insurance benefits for employees and retirees. A reserve equal to not less than an average of one and one-half months' claims must be maintained in the accounts and all funds in excess of the reserve must be used to reduce premium rates or improve or expand benefits as funding permits.
(B) The board Budget and Control Board may authorize the Insurance Reserve Fund Department of Administration to provide reinsurance, in an approved format with actuarially developed rates, for the operation of the group health insurance or cafeteria plan program, as authorized by Section 9-1-60, for active and retired employees of the State, and its public school districts and their eligible dependents. Premiums for reinsurance provided pursuant to this subsection must be paid out of state appropriated and other funds received for actual health insurance or cafeteria plan premiums due.
(C) Notwithstanding Sections 1-23-310 and 1-23-320 or any other provision of law, claims for benefits under any self-insured plan of insurance offered by the State to state and public school district employees and other eligible individuals must be resolved by procedures established by the board, which shall constitute the exclusive remedy for these claims, subject only to appellate judicial review consistent with the standards provided in Section 1-23-380."
SECTION 14. Chapter 11, Title 1 of the 1976 Code is amended by adding:
Section 1-11-1310. (A) Effective January 1, 2005, without affecting the agencies' existing governing bodies, there is created the Coordinating Council for Cultural and Information Services as an organizational entity in the Budget and Control Board. The membership of the coordinating council consists of the:
(1) Executive Director of the South Carolina Arts Commission;
(2) Director of the South Carolina Department of Archives and History;
(3) Director of the Confederate Relic Room and Museum;
(4) President of South Carolina Educational Television;
(5) Director of the South Carolina State Library;
(6) Director of the South Carolina State Museum; and
(7) Chairman of the Old Exchange Commission.
(B) The chairman of the coordinating council must be elected annually by majority vote of the members. A member is not eligible to serve as chairman until he has served in his agency position for more than one year. The chairmanship of the council must rotate among the members, and a member elected as chairman must not serve successive annual terms.
(C) Staffing for the coordinating council must be provided by the participating agencies.
Section 1-11-1320. (A) No later than February 1, 2005, the coordinating council must meet to organize.
(B) The coordinating council must meet at the call of the chair and at least quarterly, beginning in April of 2005, to discuss ways to enhance the growth and development of the cultural and information services in the State and develop a strategic plan for coordinating activities among the member agencies and consolidating certain services in an effort to avoid duplication and increase efficiency and effectiveness. Following each meeting, the chairman of the coordinating council must make a report to the Executive Director of the Budget and Control Board concerning the plans for coordinated and consolidated activities that the coordinating council is proposing and has implemented.
(C) The coordinating council may request assistance from the Executive Director and staff of the Budget and Control Board and other state cultural resources in order to achieve its objectives.
Section 1-11-1330. The coordinating council must make a consolidated report to the Budget and Control Board concerning plans for coordinating services among the agencies of the coordinating council and at such other times as the Board may require. A copy of any consolidated report must also be submitted to the Chairmen of the Senate Judiciary Committees and the House of Representatives Judiciary Committee.
Section 1-11-1340. (A) The coordinating council shall make recommendations to the General Assembly as to the policies and programs involved in the State's cultural and information services.
(B) This section does not limit an agency's direct access to the General Assembly, and each agency shall offer information as a separate and distinct entity as it relates to the budget process.
Section 1-11-1350. Neither the provisions of Sections 1-11-1310 through 1-11-1350 nor the coordinating council shall infringe upon nor diminish the duties and responsibilities of the governing bodies of the agencies involved."
SECTION 15. Section 2-47-30 of the 1976 Code is amended to read:
"Section 2-47-30. The committee is specifically charged with, but not limited to, the following responsibilities:
(1) To review, prior to approval by the Budget and Control Board, Budget and Analyses Division, the establishment of any permanent improvement project and the source of funds for any such project not previously authorized specifically by the General Assembly.
(2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues.
(3) To recommend priorities of future bond issuance based on the social and economic needs of the State.
(4) To recommend prudent limitations of bond obligations related to present and future revenue estimates.
(5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term recommendations for the General Assembly.
(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the Budget and Control Board.
(7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee."
SECTION 16. Section 2-47-56 of the 1976 Code is amended to read:
"Section 2-47-56. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services Budget and Control Board, Procurement Services Division, and the Joint Bond Review Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts."
SECTION 17. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Upon review and approval by the Budget and Control Board, the Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized to:
(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;
(2) To warehouse such property; and
(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.
(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.
(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The Budget and Control Board is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed considered necessary and suitable for the administration of this chapter.
(e) The Director of the Division of General Services of the Department of Administration is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.
(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.
Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
SECTION 18. Section 10-1-30 of the 1976 Code is amended to read:
"Section 10-1-30. The Director of the Division of General Services of the State Budget and Control Board may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the board. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building. The regulations must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas."
SECTION 19. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the recommendation of the Department of Administration and the concurrence and acquiescence of the State Budget and Control Board, whenever it appears that such easements will not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
SECTION 20. Sections 10-1-180 and 10-1-190 of the 1976 Code, both as added by Act 145 of 1995, are amended to read:
"Section 10-1-180. The expenditure of funds by any state agency, except the Department of Transportation for permanent improvements as defined in the state budget, is subject to the review and recommendation of the Department of Administration and approval and regulation of the State Budget and Control Board, Budget and Analyses Division. The board shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Board is not required for minor construction projects, including renovations and alterations, where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Board.
All construction, improvement, and renovation of state buildings shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of the aforementioned codes and referenced standards on state buildings. Any interested local officials shall coordinate their comments related to state buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power, other utilities, or firefighting services. Agencies may appeal to the Director of Office of General Services Budget and Control Board, Procurement Services Division, regarding the application of these codes to state buildings.
Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department, subject to the approval of the Budget and Control Board."
SECTION 21. Section 10-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-7-10. All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control Board, Insurance and Grants Services Division. Any building or buildings, and the contents thereof, owned by the Department of Transportation may be insured by the State Budget and Control Board, with the consent or approval of such board, or the Department of Transportation shall have the alternative of assuming its own risks."
SECTION 22. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. (A) It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways.
(B) The Department of Administration must ensure that parking spaces are available in the garage below the Capitol Complex, in proximity to the buildings utilized by the legislative, judicial, and executive branches, in the locations in use on the effective date of this section, and assigned as follows:
(1) two hundred thirty for the House of Representatives;
(2) two hundred and twelve for the Senate;
(3) twenty-nine for the Judicial Department; and
(4) fifty-seven for the Governor's Office."
SECTION 23. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
SECTION 24. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
SECTION 25. Sections 11-9-610, 11-9-620, and 11-9-630 of the 1976 Code are amended to read:
"Section 11-9-610. The State Budget and Control Board South Carolina Department of Administration shall receive and manage the incomes and revenues set apart and applied to the Sinking Fund of the State. The department must report annually on the financial status of the Sinking Fund to the Budget and Control Board.
Section 11-9-620. All moneys arising from the redemption of lands, leases and sales of property or otherwise coming to the State Budget and Control Board South Carolina Department of Administration for the Sinking Fund, shall be paid into the State Treasury and shall be kept on a separate account by the Treasurer as a fund to be drawn upon the warrants of the Board department for the exclusive uses and purposes which have been or shall be declared in relation to the Sinking Fund.
Section 11-9-630. The Subject to the approval of the State Budget and Control Board, the South Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem consider most advantageous to the State. This shall not be construed to authorize the sale by the Board of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."
SECTION 26. Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:
"Section 11-35-3810. Subject to existing provisions of law, the board South Carolina Department of Administration shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations; and
(2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the Office division of General Services. Such sales shall be held at such places and in such manner as in the judgment of the Office division shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Services division all surplus personal property not in actual public use held by that agency for sale. The Office of General Services division shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.
Section 11-35-3830 (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in trade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board Department of Administration.
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board Department of Administration shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board departmental determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer department a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The Office of General Services of the State Budget and Control Board, Procurement Services Division, may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office's division's activities. Such items shall be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall be placed in a revenue account and expended for the cost of providing such services."
SECTION 27. Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4020. Governmental bodies approved by the board South Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the Office division of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."
SECTION 28. Section 44-53-530(a) and (b) is amended to read:
"(a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board South Carolina Department of Administration.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
SECTION 29. Section 44-96-140 of the 1976 Code is amended to read:
"Section 44-96-140. (A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the Governor's Office, the Judiciary, each state agency, and each state-supported institution of higher education shall:
(1) establish a source separation and recycling program in cooperation with the department and the Division of General Services of the State Budget and Control Board South Carolina Department of Administration for the collection of selected recyclable materials generated in state offices throughout the State including, but not limited to, high-grade office paper, corrugated paper, aluminum, glass, tires, composting materials, plastics, batteries, and used oil;
(2) provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both;
(3) evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and
(4) establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.
(B) Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the Office of Materials Management Division of General Services, Department of Administration.
(C) By November first of each year the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the Office of Materials Management, Division of General Services, Department of Administration. The report also must review existing procurement regulations for the purchase of products and materials and must identify any portions of such regulations that discriminate against products and materials with recycled content and products and materials which are recyclable.
(D) Not later than one year after this chapter is effective, the Division of General Services shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable.
(E) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the Governor's Office, the Judiciary, all state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure products and materials with recycled content and products and materials which are recyclable where practicable, as determined by the Office of Materials Management, Division of General Services, Department of Administration. The list of recycled content specifications must be updated annually. It is the goal of the General Assembly for state and local governmental agencies to reflect a twenty-five percent goal in their procurement policies. The decision not to procure such items shall be based on a determination that such procurement items:
(1) are not available within a reasonable period of time;
(2) fail to meet the performance standards set forth in the applicable specifications; or
(3) are only available at a price that exceeds by more than seven and one- half percent the price of alternative items.
(F) Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of:
(1) compost as a substitute for regular soil amendment products in all highway projects;
(2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials;
(3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and
(4) recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports."
SECTION 30. Section 10-5-230 of the 1976 Code, as last amended by Act 303 of 2000, is further amended to read:
"Section 10-5-230. (A) There is created the South Carolina Board for Barrier-Free Design, composed of nine members, six to be appointed by the Governor for terms of four years and until their successors are appointed and qualify. No fewer than two appointed members of the board must have mobility impairments, one appointed member must be a building official, and one appointed member must be a licensed architect. Vacancies on the board must be filled in the same manner as the original appointment for the remainder of the unexpired term. In addition to the appointed members, the following three ex officio members shall serve on the board:
(1) the Director of the Department of Labor, Licensing and Regulation;
(2) the Director of the State Department of Vocational Rehabilitation; and
(3) the State Engineer employed by the Budget and Control Board South Carolina Department of Administration.
The ex officio members may appoint proxies for their respective offices.
(B) The ex officio members and their proxies have all the powers, privileges, and duties of the appointed members."
SECTION 31. Section 10-5-270(A)(1) of the 1976 Code, as last amended by Act 303 of 2000 is further amended to read:
"(1) for state owned or leased facilities, to the State Engineer, Office of General Services, State Budget and Control Board, Procurement Services Division;"
SECTION 32. Chapter 9 of Title 10 of the 1976 Code of laws is amended to read:
Section 10-9-10. The Public Service Authority may, through its board of directors, make and execute leases of gas, oil and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said Authority; and the State Budget and Control Board South Carolina Department of Administration and the forfeited land commissions of the several counties of this State may, with the approval of the Attorney General, make and execute such leases over and upon the lands and waters of the State and of the several counties under the ownership, management, or control of such Board the department and commissions respectively.
Section 10-9-20. No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.
Section 10-9-30. Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the State Budget and Control Board South Carolina Department of Administration may negotiate for leases of oil, gas and other mineral rights upon all of the lands and waters of the State, including offshore marginal and submerged lands.
Section 10-9-35. In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly.
Funds so accumulated shall be expended only for the following purposes:
(1) to retire the bonded indebtedness incurred by South Carolina;
(2) for capital improvement expenditures.
Section 10-9-40. The authority conferred upon the Public Service Authority, the State Budget and Control Board South Carolina Department of Administration, and the forfeited land commissions by this article shall be cumulative and in addition to the rights and powers heretofore vested by law in such Authority, such State Budget and Control Board the South Carolina Department of Administration, and such commissions, respectively.
Section 10-9-110. The State Budget and Control Board South Carolina Department of Administration shall be charged with the exclusive control and protection of the rights and interest of the State in the phosphate rocks and phosphatic deposits in the navigable streams and in the marshes thereof.
Section 10-9-120. The Board department may inquire into and protect the interests of the State in and to any phosphatic deposits or mines, whether in the navigable waters of the State or in land marshes or other territory owned or claimed by other parties, and in the proceeds of any such mines and may take such action for, or in behalf of, the State in regard thereto as it may find necessary or deem proper.
Section 10-9-130. The Board department may issue to any person who applies for a lease or license granting a general right to dig, mine and remove phosphate rock and phosphatic deposits from all the navigable streams, waters and marshes belonging to the State and also from such of the creeks, not navigable, lying therein as may contain phosphate rock and deposits belonging to the State and not previously granted. Such leases or licenses may be for such terms as may be determined by the Board department. The annual report of the Board department to the General Assembly shall include a list of all effective leases and licenses. The Board department may make a firm contract for the royalty to be paid the State which shall not be increased during the life of the license. Provided, that prior to the grant or issuance of any lease or license, the Board department shall cause to be published a notice of such application in a newspaper having general circulation in the county once a week for three successive weeks prior to the grant or issuance. Provided, further However, the lessee or licensee may shall not take possession if there be is an adverse claim and the burden of proving ownership in the State shall be placed upon the lessee or licensee.
Section 10-9-140. In every case in which such application shall be made to the Board department for a license, the Board department may grant or refuse the license as it may deem best for the interest of the State and the proper management of the interests of the State in such deposits.
Section 10-9-150. As a condition precedent to the right to dig, mine and remove the rocks and deposits granted by any such license, each licensee shall enter into bond, with security, in the penal sum of five thousand dollars, conditioned for the making at the end of every month of true and faithful returns to the Comptroller General of the number of tons of phosphate rock and phosphatic deposits so dug or mined and the punctual payment to the State Treasurer of the royalty provided at the end of every quarter or three months. Such bond and sureties thereon shall be subject to the approval required by law for the bonds of State officers.
Section 10-9-160. Whenever the Board department shall have reason to doubt the solvency of any surety whose name appears upon any bond executed for the purpose of securing the payment of the phosphate royalty by any person digging, mining and removing phosphate rock or phosphatic deposits in any of the territory, the property of the State, under any grant or license, the Board department shall forthwith notify the person giving such bond and the sureties thereon and require that one or more sureties, as the case may be, shall be added to the bond, such surety or sureties to be approved by the Board department.
Section 10-9-170. The Board department, upon petition filed by any person who is surety on any such bond as aforesaid and who considers himself in danger of being injured by such suretyship, shall notify the person giving such bond to give a new bond with other sureties and upon failure of such person to do so within thirty days shall cause such person to suspend further operations until a new bond be given. But in In no case shall the sureties on the old bond be discharged from liability thereon until the new bond has been executed and approved, and such sureties shall not be discharged from any antecedent liability by reason of such suretyship.
Section 10-9-180. The Board department is hereby vested with full and complete power and control over all mining in the phosphate territory belonging to this State and over all persons digging or mining phosphate rock or phosphatic deposit in the navigable streams and waters or in the marshes thereof, with full power and authority, subject to the provisions of Sections 10-9-130 and 10-9-190 to fix, regulate, raise or reduce such royalty per ton as shall from time to time be paid to the State by such persons for all or any such phosphate rock dug, mined, removed and shipped or otherwise sent to the market therefrom. But six Six months' notice shall be given all persons at such time digging or mining phosphate rock in such navigable streams, waters or marshes before any increase shall be made in the rate of royalty theretofore existing.
Section 10-9-190. Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.
Section 10-9-200. The State Budget and Control Board South Carolina Department of Administration shall, within twenty days after the grant of any license as aforesaid, notify the Comptroller General of the issuing of such license, with the name of the person to whom issued, the time of the license and the location for which it was issued.
Section 10-9-210. Every person who shall dig, mine or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One half of such penalty shall be for the use of the State and the other half for the use of the informer.
Section 10-9-220. It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined or removed from the navigable streams, waters or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Board department to dig, mine or remove such phosphate rock or phosphatic deposit.
Section 10-9-230. Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One half of such forfeiture shall be for the use of the State and the other half for the use of the informer.
Section 10-9-240. Should any person whosoever interfere with, obstruct or molest or attempt to interfere with, obstruct or molest the Board department or anyone by it authorized or licensed hereunder in the peaceable possession and occupation for mining purposes of any of the marshes, navigable streams or waters of the State, then the Board department may, in the name and on behalf of the State, take such measures or proceedings as it may be advised are proper to enjoin and terminate any such molestation, interference or obstruction and place the State, through its agents, the Board department or any one under it authorized, in absolute and practical possession and occupation of such marshes, navigable streams or waters.
Section 10-9-250. Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge or other appliances for such mining or removal, without the leave or license of the Board department thereto first had and obtained, all such boats, vessels, marine dredges and other appliances are hereby declared forfeited to and property of the State, and the Attorney General, for and in behalf of the State, shall institute proceedings in any court of competent jurisdiction for the claim and delivery thereof, in the ordinary form of action for claim and delivery, in which action the title of the State shall be established by the proof of the commission of any such act of forfeiture by the person owning them, or his agents, in possession of such boats, vessels, marine dredges or other appliances. In any such action the State shall not be called upon or required to give any bond or obligation such as is required by parties plaintiff in action for claim and delivery.
Section 10-9-260. Any person wilfully interfering with, molesting or obstructing or attempting to interfere with, molest or obstruct the State or the State Budget and Control Board South Carolina Department of Administration or anyone by it authorized or licensed in the peaceable possession and occupation of any of the marshes, navigable streams or waters of the State, including the Coosaw River phosphate territory, or who shall dig or mine or attempt to dig or mine any of the phosphate rock or phosphatic deposits of this State without a license so to do issued by the Board department shall be punished for each offense by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than one nor more than twelve months, or both, at the discretion of the court.
Section 10-9-270. The Board department shall report annually to the General Assembly its actions and doings under this article during the year to the time of the meeting of the Assembly, with an itemized account of its expenses for the year incurred in connection with its duties and powers under this article.
Section 10-9-310. For purposes of this article geothermal resources mean the natural heat of the earth at temperatures greater than forty degrees Celsius and includes:
(1) The energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat.
(2) The material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium.
(3) All dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.
Section 10-9-320. The State Budget and Control Board (board) South Carolina Department of Administration may lease development rights to geothermal resources underlying surface lands owned by the State. The board department must promulgate regulations regarding the method of lease acquisition, lease terms, and conditions due the State under lease operations. The South Carolina Department of Natural Resources is designated as the exclusive agent for the board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to geothermal resource leases as may be included herein as responsibilities of the board department.
Section 10-9-330. Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use."
SECTION 1. Section 48-52-410 of the 1976 Code, as added by Act 449 of 1992, is amended to read:
"Section 48-52-410. There is established the State Energy Office within the State Budget and Control Board South Carolina Department of Administration which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficiency of use of all energy sources throughout South Carolina through the implementation of the Plan for State Energy Policy. The State Energy Office must not function as a regulatory body."
SECTION 2. Section 48-52-620(D) of the 1976 Code, as added by Act 449 of 1992, is amended to read:
"(D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual annually report to the Budget and Control Board South Carolina Department of Administration:
(1) activities undertaken implementing its energy conservation plan; and
(2) progress made in achieving its energy conservation goals."
SECTION 3. Section 48-52-635 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 48-52-635. Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure, as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the State Budget and Control Board South Carolina Department of Administration."
SECTION 4. Section 48-52-680(C) of the 1976 Code, as added by Act 449 of 1992, is amended to read:
"(C) The State Energy Office shall provide the Office of Property Facilities Management of the Budget and Control Board South Carolina Department of Administration, Division of General Services, information to be used in evaluating energy costs for buildings or portions of buildings proposed to be leased by governmental bodies that are defined in and subject to the Consolidated Procurement Code. The information provided must be considered with the other criteria provided by law by a governmental body before entering into a real property lease."
SECTION 5. Section 48-46-30(4) and (5) of the 1976 Code, as added by Act 357 of 2000, are amended to read:
"(4) 'Board' means the South Carolina Budget and Control Board or its designated official.
(5) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary) or its successor, Department of Administration, and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(5) 'Department' means the South Carolina Department of Administration or its designee."
SECTION 6. Section 48-46-40 of the 1976 code, as added by Act 357 of 2000, is amended to read:
"Section 48-46-40. (A)(1) The board Upon the recommendation of the Department of Administration, the Budget and Control Board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State. The approval of disposal rates pursuant to this chapter is neither a regulation nor the promulgation of a regulation as those terms are specially used in Title 1, Chapter 23.
(2) The board department shall adopt a maximum uniform rate schedule for regional generators containing disposal rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates, excluding any access fees and including a specification of the methodology for calculating fees for large components, generally applicable to regional generators on September 7, 1999. Any disposal rates contained in a valid written agreement that were applicable to a regional generator on September 7, 1999, that differ from rates in the maximum uniform rate schedule will continue to be honored through the term of such agreement. The maximum uniform rate schedule approved under this section becomes effective immediately upon South Carolina' s membership in the Atlantic Compact. The maximum uniform rate schedule shall be the rate schedule applicable to regional waste whenever it is not superseded by an adjusted rate approved by the board department pursuant to paragraph (3) of this subsection or by special disposal rates approved pursuant to paragraphs (5) or (6)(e) of this subsection.
(3) The board department may at any time of its own initiative, at the request of a site operator, or at the request of the compact commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4), may shall not exceed initial disposal rates set by the board department pursuant to subsection (2).
(4) In March of each year the board department shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the board department or a successor index.
(5) In consultation with the site operator, the board department or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board department pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board department In approving such special rates, the board department or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, or other relevant factors; provided, however, that the board department shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board department under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the department, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the board department, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board department for a regional generator is lower than a disposal rate approved by the board department for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board department and the compact commission each month that no regional generator's disposal rate exceeds any other regional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board department and the compact commission.
(6)(a) To the extent authorized by the compact commission, the board Budget and Control Board, taking into account the recommendation of the Department of Administration and on behalf of the State of South Carolina, may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the board department is authorized by the compact commission to enter into agreements for importation of waste.
The board department shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste:
(i) 160,000 cubic feet in fiscal year 2001;
(ii) 80,000 cubic feet in fiscal year 2002;
(iii) 70,000 cubic feet in fiscal year 2003;
(iv) 60,000 cubic feet in fiscal year 2004;
(v) 50,000 cubic feet in fiscal year 2005;
(vi) 45,000 cubic feet in fiscal year 2006;
(vii) 40,000 cubic feet in fiscal year 2007;
(viii) 35,000 cubic feet in fiscal year 2008.
After fiscal year 2008, the board department shall not authorize the importation of nonregional waste for purposes of disposal.
(b) The board department may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board department may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors.
(c) Absent action by the board department under subsection (b) above to establish disposal rates for nonregional generators, rates applicable to these generators must be equal to those contained in the maximum uniform rate schedule approved by the board department pursuant to paragraph (2) or (3) of this subsection for regional generators unless these rates are superseded by special disposal rates approved by the board department pursuant to paragraph (6)(e) of this subsection.
(d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter.
(e) In consultation with the site operator and upon the recommendation of the Department of Administration, the board Budget and Control Board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board department. Requests by the site operator for such approval shall be in writing to the board department. In approving such special rates, the board department or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board department shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board department under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board department, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the board department, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board department for a nonregional generator is lower than a disposal rate approved by the board department for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board department and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board department and the compact commission.
(B)(1) Effective upon the implementation of initial disposal rates by the board department under Section 48-46-40(A), the PSC is authorized and directed to identify allowable costs for operating a regional low-level radioactive waste disposal facility in South Carolina.
(2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall:
(a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;
(b) obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;
(c) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and
(d) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings.
(3) Allowable costs include the costs of those activities necessary for:
(a) the receipt of waste;
(b) the construction of disposal trenches, vaults, and overpacks;
(c) construction and maintenance of necessary physical facilities;
(d) the purchase or amortization of necessary equipment;
(e) purchase of supplies that are consumed in support of waste disposal activities;
(f) accounting and billing for waste disposal;
(g) creating and maintaining records related to disposed waste;
(h) the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits;
(i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund;
(j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies;
(k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60;
(l) taxes other than income taxes;
(m) licensing and permitting fees; and
(n) any other costs directly associated with disposal operations determined by the PSC to be allowable.
Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable.
(4) Within 90 days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.
(5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities.
(6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7).
(7)(a) If the board, upon the recommendation of the Department of Administration and upon the advice of the compact commission or the site operator, concludes based on information provided to the board department, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the board department shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs during the suspension of operations. Any such proposal to suspend operations must be approved by the Department of Health and Environmental Control with respect to safety and environmental protection.
(b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board department from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board department, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the board department based on revised budgets submitted by the PSC, State Treasurer, and the compact commission.
(c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the board department shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter.
(d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section.
(8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.
(9) In all proceedings held pursuant to this section, the board department shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. The Consumer Advocate and the Attorney General of the State of South Carolina shall be parties to any such proceeding. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.
(10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceedings under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.
(11) At any time the compact commission, the board department, or any generator subject to payment of rates set pursuant to this chapter may file a complaint against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint, the PSC shall cause a copy of the complaint to be served upon the site operator. The complaining party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.
(12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.
(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the board department within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.
(D)(1) Within 30 days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer.
(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the board department must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The board department shall as soon as practicable authorize a surcharge on waste disposed in an amount that will fully compensate the fund for the reimbursement to the site operator. In the event that total revenues for a fiscal year do not cover allowable costs plus the operating margin, or quarterly reports submitted pursuant to subsection (C) indicate that such annual revenue may be insufficient, the board department shall consult with the compact commission and the site operator as early as practicable on whether the provisions of Section 48-46-40(B)(7) pertaining to suspension of operations during periods of insufficient revenues should be invoked.
(E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows:
(1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the State Treasurer, and the board department for administrative expenses under this chapter. The Budget and Control Board shall transfer funds to the Department of Administration to underwrite necessary costs related to the implementation of this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.
(3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144 of Title 59.
(F) Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C)."
SECTION 7. Section 48-46-50(A) of the 1976 Code, as added by Act 357 of 2000, is amended to read:
"(A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the board Department of Administration, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws."
SECTION 8. Section 48-46-60 of the 1976 Code, as added by Act 357 of 2000, is amended to read:
"Section 48-46-60. (A) The Governor and the board department are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions:
(1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions;
(2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with subitem (5)(b) of this section;
(3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region;
(4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter;
(5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:
(a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board department. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board department. Upon approval of the Barnwell County governing body and the board department, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;
(b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission;
(c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and
(d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.
(B) The board, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the board in accordance with the board's directions. All such surcharges shall be included within the disposal rates set by the board pursuant to Section 48-46-40.
(C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the board department at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the board department shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the board department in accordance with the board department's directions, and the board department shall remit those fees to the compact commission."
SECTION 9. Section 48-46-90(A) of the 1976 Code, as added by Act 357 of 2000, is amended to read:
"(A) In accordance with Section 13-7-30, the board department, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring."
SECTION 10. Section 13-7-10(10) of the 1976 Code, as added by Act 357 of 2000, is amended to read:
"(10) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary) or its successor, South Carolina Department of Administration, and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose."
SECTION 11. Section 13-7-30 of the 1976 Code, as last amended by Act 357 of 200, is further amended to read:
"Section 13-7-30. For purposes of this article, the State Budget and Control Board South Carolina Department of Administration, hereinafter in this section referred to as the board department, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management of all state sinking funds, insurance, and analogous fiscal matters that are relevant to state properties:
(1) expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this section are limited to the specific purposes of this article;
(2) lease, sublease, or sell real and personal properties to public or private bodies;
(3) assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the board department protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities;
(4) assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, or when the license for the facility is ultimately transferred to an agency of the State, and whenever the federal government or any agency of the federal government has not assumed the responsibility.
In order to finance such extended custody and maintenance as the board department may undertake, the board department may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the board department's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the board department, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated 'extended care maintenance fund', to be disbursed on authorization of the board department. Monies in the extended care maintenance funds must be invested by the board department in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. Except as authorized in Section 48-46-40(B)(7)(b) and (D)(2), the extended care maintenance fund must be used exclusively for custodial, surveillance, and maintenance costs during the period of institutional control and during any post-closure and observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site. Funds from the extended care maintenance fund shall not be used for site closure activities or for custodial, surveillance, and maintenance performed during the post-closure observation period until all funds in the decommissioning trust account are exhausted.
(5) Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material."
SECTION 12. Section 13-7-830 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:
"Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board South Carolina Department of Administration."
SECTION 1. Section 1-11-430 of the 1976 Code and Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, are amended to read:
"Section 1-11-430. In post-divestiture circumstances, the State, its boards, committees, commissions, councils, and agencies, and other entities excluding counties, municipalities, and special service and school districts must be treated as a single enterprise for purposes of securing and utilizing local and long distance telecommunications equipment and services.
The State Budget and Control Board South Carolina Department of Administration shall secure all telecommunications equipment and services for the state government enterprise under terms it considers suitable and coordinate the supply of the equipment and services for state government use. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services unless approved by the board department. These approvals must be reported annually to the Budget and Control Board.
Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office of the State Chief Information Officer (CIO) of the South Carolina Budget and Control Board should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to, critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
SECTION 2. Section 1-11-770 of the 1976 Code, as amended by Act 339 of 2002, is amended to read:
"Section 1-11-770. (A) Subject to appropriations, the General Assembly authorizes the state Budget and Control Board South Carolina Department of Administration to plan, develop, and implement a statewide South Carolina 211 Network, which must serve as the single point of coordination for information and referral for health and human services. The objectives for establishing the South Carolina 211 Network are to:
(1) provide comprehensive and cost-effective access to health and human services information;
(2) improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems;
(3) electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services;
(4) establish and promote standards for data collection and for distributing information among state and local organizations;
(5) promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services;
(6) provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referral-service programs;
(7) test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and case-management processes;
(8) provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and
(9) provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access.
(B) In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the board department. The board department must develop criteria for certification and must adopt the criteria as regulations.
(1) If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number.
(2) The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers."
SECTION 3. Section 11-35-1580 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-1580. (1) Information Technology Management Office. The Information Technology Management Office shall be responsible for:
(a) assessing the need for and use of information technology;
(b) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;
(c) providing for the disposal of all information technology property surplus to the needs of a using agency;
(d) evaluating the use and management of information technology;
(e) operating a comprehensive inventory and accounting reporting system for information technology;
(f) developing policies and standards for the management of information technology in state government;
(g) initiating a state plan for the management and use of information technology;
(h) providing management and technical assistance to state agencies in using information technology; and
(i) establishing a referral service for state agencies seeking technical assistance or information technology services.
(2) Exemptions from the Requirements of this Section. The office may establish by regulation categories of procurement for information technology which shall be exempted from the requirements of this section.
(3) Training and Certification. The office may establish a training and certification program in accordance with Section 11-35-1030.
(A) The Office of the State Chief Information Officer the Budget and Control Board is responsible for:
(1) assessing the need for and use of information technology;
(2) providing for the disposal of all information technology property surplus to the needs of a using agency;
(3) evaluating the use and management of information technology;
(4) operating a comprehensive inventory and accounting reporting system for information technology;
(5) developing policies and standards for the management of information technology in state government;
(6) initiating a state plan for the management and use of information technology;
(7) providing management and technical assistance to state agencies in using information technology; and
(8) establishing a referral service for state agencies seeking technical assistance or information technology services.
(B) The Budget and Control Board, Procurement Services Division is responsible for:
(1) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;
(2) establishing by regulation categories of procurement for information technology which shall be exempted from the requirements of this section; and
(3) establishing a training and certification program in accordance with Section 11-35-1030."
SECTION 4. Section 23-1-230(H) of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"(H) The First Responders Advisory Committee shall receive clerical and related assistance from the staff of the South Carolina Law Enforcement Division, the Department of Public Safety, and the Office of Information Resources State Chief Information Officer."
SECTION 5. Section 23-47-30 of the 1976 Code, as added by Act 245 of 1991, is amended to read:
"Section 23-47-30. (A) A local government which seeks funding for a 911 system shall submit to the Division of Information Resource Management (DIRM), the Office of the State Chief Information Officer within the South Carolina Budget and Control Board a 911 system plan for review and approval. The plan shall conform to the planning guidelines set forth in this chapter, guidelines promulgated by DIRM, and meet the requirements of current tariffs applicable to the 911 system. The plan must include:
(1) the type of 911 system desired for the local government including the type of equipment to be used and the associated costs;
(2) the location of the PSAP and the county or municipality agency or organization responsible for operating the PSAP;
(3) a listing of those public safety agencies whose services will be available through the 911 system;
(4) the personnel determined necessary to operate and maintain the 911 system;
(5) educational efforts the local government will undertake to acquaint the general public with the availability and proper use of the 911 system.
(B) Those local governments which already have a 911 system are encouraged to conform to the standards set forth in this section."
SECTION 6. Section 23-47-50(E) of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:
"(E) The 'emergency telephone system' fund must be included in the annual audit of the local government in accordance with guidelines issued by the state auditor's office. A report of the audit must be forwarded to the state auditor within sixty days of its completion, and a copy sent to DIRM the Office of the State Chief Information Officer."
SECTION 7. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:
"(7) one representative from the office of the Division Office of Information Resource Management the State Chief Information Officer, State Budget and Control Board; and"
SECTION 8. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Office Division of the State Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
SECTION 9. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended:
"Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Office Division of the State Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 10. Section 59-152-10 of the 1976 Code is amended to read:
"Section 59-152-10. There is established South Carolina Bureau of First Steps to School Readiness in the Department of Education a comprehensive, results-oriented initiative for improving early childhood development by providing, through county partnerships, public and private funds and support for high-quality early childhood development and education services for children by providing support for their families' efforts toward enabling their children to reach school ready to learn."
SECTION 1. The followings sections of the 1976 Code are repealed: 1-11-315, 48-52-435, 48-52-440, and 48-52-460.
SECTION 1. Chapter 3, Title 1 of the 1976 Code is amended by adding:
Section 1-3-300. It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within the executive branch of government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance both the quality and delivery of services.
Section 1-3-305. There is created a management entity within the State Budget and Control Board, the Office of the State Chief Information Officer. The office is headed by the State Chief Information Officer who is appointed by the Governor with the advice and consent of the Senate. The State Chief Information Officer serves at the pleasure of the Budget and Control Board and may only be removed by majority vote of the members of the Budget and Control Board that includes a vote by the Governor to remove the State Chief Information Officer.
Section 1-3-310. The Office of the State Chief Information Officer may be organized in a manner the State Chief Information Officer considers most appropriate to carry out various duties, responsibilities, and authorities assigned to the office.
Section 1-3-315. As used in this article,
(1) 'Advisory Council' means the South Carolina Information Technology Advisory Council as established in this article.
(2) 'Board' means the State Budget and Control Board.
(3) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing and Information Technology Services; the Department of Transportation; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(4) 'Immediate family' means a person who is:
(a) a spouse;
(b) a child residing in the same household; or
(c) claimed as a dependent for income tax purposes
(5) 'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to these, and consulting or other services for design or redesign of information technology supporting business processes.
(6) 'Information technology vendor' means a person or entity who provides or proposes to provide information technology goods or services in excess of an aggregate amount of four hundred thousand dollars to the office pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the office, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(7) 'Office' means the Office of the State Chief Information Officer;
(8) 'Other state entity' means the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate or State House of Representatives; the Judicial Branch; the Legislative Council; the Office of Legislative Printing and Information Technology Resources; the Department of Transportation; or any other state agency or department that is not a political subdivision or is not included in the definition of a governmental body.
(9) 'Political subdivision' means the counties, municipalities, school districts, special purpose districts, special service districts, commissioners of public works, and any other local governmental authority, board, commission, agency, department, or political body.
(10) 'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or devised after this article takes effect. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services, and mobile telecommunications services, and includes all facilities and equipment performing these functions.
Section 1-3-320. (A) There is created the South Carolina Information Technology Advisory Council.
(B) The advisory council consists of the following nine members:
(1) two cabinet agency directors appointed by the Governor;
(2) one noncabinet agency director appointed by the Governor upon recommendation of the president of the State Agency Directors Organization;
(3) one representative of the state institutions of higher learning appointed by the Council of Public College and University Presidents;
(4) two citizen members from the private sector appointed by the Governor;
(5) one citizen member from the private sector appointed by the President of the Senate;
(6) one citizen member from the private sector appointed by the Speaker of the House of Representatives; and
(7) the State Chief Information Officer.
(C) The State Chief Information Officer serves as chairman of the advisory council.
(D) Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the advisory council while they hold that office.
(E) Members serve without compensation, but citizen members of the advisory council are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the advisory council.
(F) The powers and duties of the advisory council include the following:
(1) make recommendations for the coordinated statewide strategic plan for information technology prepared by the office;
(2) make recommendations for the statewide strategic information technology directions, standards, and enterprise architecture prepared by the office;
(3) make recommendations concerning a process to assess information technology plans and information technology projects as provided in Section 1-3-335(4);
(4) make recommendations concerning the procedures developed by the office for the allocation and distribution of funds from the Information Technology Innovation Fund;
(5) upon request of the State Chief Information Officer or the board, make recommendations concerning the advisability of granting governmental bodies exemptions from the requirements imposed by the Chief Information Officer as provided in this article;
(6) upon request of the State Chief Information Officer or the board, make recommendations concerning the termination of any information technology project of a governmental body or governmental bodies; and
(7) upon request of the board, may review decisions of the office concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.
Section 1-3-325. (A) The State Information Technology Directors Committee is created to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures and facilitate the exchange of information among the information technology directors of governmental bodies. The committee includes representatives from governmental bodies and must be chosen in a manner and number determined by the State Chief Information Officer.
(B) The State Chief Information Officer may establish other standing or ad hoc advisory committees to provide assistance relating to any other matters within the office's authority.
(C) Members of the advisory committees appointed pursuant to subsections (A) and (B) are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the committees. Members who are full-time state employees shall not receive per diem.
Section 1-3-330. The powers and duties of the office include the following:
(1) develop for approval by the board a coordinated statewide strategic plan for information technology;
(2) develop for approval by the board statewide strategic information technology directions, standards, and enterprise architecture. These directions, standards, and architecture must include, but are not limited to, information related to the privacy and confidentiality of data collected and stored by governmental bodies, web site accessibility, and assistive technologies. The office shall implement necessary management processes to assure that governmental bodies fully comply with these directions, standards, and architecture;
(3) develop policies and procedures for the effective management of information technology investments throughout their entire life cycles, including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;
(4) in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness, and cross agency information sharing. If the State Chief Information Officer and a governmental body or governmental bodies do not agree on a merger determination by the State Chief Information Officer, the governmental body or governmental bodies may seek a waiver from the determination by following the appeal process in Section 1-3-355;
(5) plan and forecast future needs for information technology and conduct studies and surveys of organizational structures and best management practices of information technology systems and procedures;
(6) evaluate the information technology plans and projects of governmental bodies to ensure that the plans and projects are consistent with statewide plans, strategies, and standards, including alignment with the state's business goals, investments, and other risk management policies;
(7) assist the Secretary of Commerce in the development of information technology related industries in the State and the promotion of economic development initiatives based on information technology;
(8) assist governmental bodies in the development of guidelines concerning the qualifications and training requirements of information technology related personnel;
(9) secure all telecommunications equipment and services for governmental bodies under terms the office considers suitable and coordinate the supply of the equipment and services for use by governmental bodies;
(10) operate and manage a state consolidated data center, and other appropriate data centers, to be used by governmental bodies under terms and conditions established by the office;
(11) develop information technology applications and services for entities requesting them;
(12) administer information technology related procurements and contracting activities for governmental bodies in accordance with the South Carolina Consolidated Procurement Code;
(13) enter into agreements and contracts with governmental bodies, political subdivisions, and other state entities to provide and receive goods and services. The office may establish fee schedules to be collectible from governmental bodies and other state entities for services rendered and goods provided;
(14) hire necessary personnel and assign them duties and powers as the office prescribes; and
(15) exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes in this article.
Section 1-3-335. The office has the following additional powers and duties relating to planning and the management of information technology projects of governmental bodies:
(1) oversee the development of any statewide and multi-agency information technology enterprise projects;
(2) develop for board approval a process for approving the information technology plans of governmental bodies;
(3) establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;
(4) develop for the board's approval a process for approving information technology projects proposed by governmental bodies to ensure that all of these projects conform to statewide information technology plans, strategies, and standards, the information technology plan of the governmental body, and the project management methodology. Before initiating any information technology project proposed by a governmental body or governmental bodies that exceeds an amount set or adjusted by the board, but initially set at four hundred thousand dollars, the project must be approved, as provided in the approval process. Governmental bodies shall not artificially divide these projects so as to avoid the approval process;
(5) monitor approved information technology projects. The office may modify and suspend any information technology project that is not in compliance with statewide information technology plans, strategies, and standards or that has not met the performance measures agreed to by the office and the sponsoring governmental body. Upon suspension of an information technology project, the State Chief Information Officer must submit to the board a recommended action plan at the board's next regularly scheduled meeting. The governmental body may respond to the State Chief Information Officer's recommended action plan when it is presented to the board. Upon notifying a governmental body and giving the governmental body an opportunity to be heard, the board may terminate projects upon recommendation of the State Chief Information Officer;
(6) establish minimum qualifications and training standards for project managers; and
(7) establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology projects.
Section 1-3-340. (A) The office has the following additional powers and duties relating to telecommunications:
(1) coordinate the various telecommunications facilities and services used by governmental bodies;
(2) acquire, lease, construct, or organize facilities and equipment as necessary to deliver comprehensive telecommunications services in an efficient and cost-effective manner, and maintain these facilities and equipment;
(3) provide technical assistance to governmental bodies in areas such as:
(a) performing systems development services, including design, application programming, and maintenance;
(b) conducting research and sponsoring demonstration projects pertaining to all facets of telecommunications; and
(c) planning and forecasting for future needs in communications services.
(B) If requested by a political subdivision or other state entity, the office may supply telecommunications goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the office and the political subdivision or other state entity.
(C) A governmental body shall not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the office.
Section 1-3-345. (A) The office has the following additional powers and duties relating to information technology procurements by governmental bodies:
(1) ensure that information technology procurements are conducted in a manner consistent with the South Carolina Consolidated Procurement Code and related regulations;
(2) ensure that information technology procurements conform to statewide information technology plans, strategies, and standards. The office may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;
(3) recommend to the board categories of information technology procurement, which must be exempted from the requirements of the South Carolina Consolidated Procurement Code and related regulations;
(4) enter into cooperative purchasing agreements with political subdivisions or other state entities for the procurement of information technology and allow political subdivisions and other state entities to participate in the office's procurement of information technology under terms and conditions established by the office; and
(5) participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.
(B) If requested by a political subdivision or other state entity, the office may supply information technology goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the office and the political subdivision or other state entity.
Section 1-3-350. The office has the following additional powers and duties relating to the security of government information and infrastructure:
(1) to protect the state's critical information technology infrastructure and associated data systems if there is a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue if there is such an event, the office shall develop a Critical Information Technology Infrastructure Protection Plan which devises policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to data and information systems necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All governmental bodies of this State are directed to assist the office in the collection of data required for this plan;
(2) to oversee, plan, and coordinate periodic security audits of governmental bodies regarding the protection of government information and information technology infrastructure. These security audits may include, but are not limited to, on-site audits as well as reviews of all written security procedures. The office may conduct the security audits or contract with a private firm or firms to conduct these security audits. Governmental bodies subject to a security audit shall cooperate fully with the entity designated to perform such audits.
Section 1-3-355. (A) Each governmental body is required to develop an information technology plan and submit the plan to the office for approval. The office may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards.
(B) A governmental body or governmental bodies may seek a waiver from the standards, requirements, or merger determinations as provided in this article by submitting a request for a waiver to the State Chief Information Officer.
(C) The State Chief Information Officer must consider the technological and financial impact on the State as a whole and on the specific governmental body or governmental bodies in making a determination regarding the waiver.
(D) In deciding whether to grant the request or upon the request of the governmental body or governmental bodies, the State Chief Information Officer may seek a recommendation concerning the waiver from the advisory council.
(E) If the State Chief Information Officer denies the request for a waiver, the governmental body or governmental bodies may seek review of the denial by the board. The governmental body or governmental bodies and State Chief Information Officer must present information concerning the waiver to the board, and the board may request a recommendation from the advisory council if one has not been previously obtained.
(F) The board's decision concerning the waiver is final, but does not preclude the governmental body or governmental bodies from seeking a subsequent waiver through the appeal process in this section upon a showing of substantial change in circumstances.
Section 1-3-360. (A) The Budget and Control Board shall provide, from funds appropriated for that purpose by the General Assembly, funds necessary to carry out all duties and responsibilities assigned to the office that are not reimbursable through a fee-for-service methodology. The office must deposit in a special account in the Office of the State Treasurer revenue received from providing goods and services to governmental bodies, political subdivisions, and other state entities. The revenue deposited in the account may be expended only for the costs of providing the goods and services, and these funds may be retained and expended for the same purposes.
(B) There is created an Information Technology Innovation Fund. This fund must provide incentives to governmental bodies to implement enterprise initiatives and electronic government projects. Use of the fund must encourage governmental bodies to pursue innovative and creative approaches using technology that provides needed citizens' services more cost effectively and efficiently. The fund shall not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund consists of those funds appropriated through the state budget process, grants, gifts, and other donations received by the State or otherwise available. The office, with the approval of the board, is responsible for developing appropriate procedures for the allocation and distribution of these funds.
Section 1-3-365. (A) An information technology vendor for a contract or contracts must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A person who violates the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(B) An information technology vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the office shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional officer, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), during the competitive solicitation process or during the term of the contract or contracts.
(C) The prohibition in subsection (B) specifically applies to the officer or board member of an information technology vendor, holders of an interest in an information technology vendor of more than ten percent, and their immediate family members."
SECTION 2. Section 1-11-430 of the 1976 Code is amended to read:
"Section 1-11-430. In post-divestiture circumstances, the State state government, including its boards, committees, commissions, councils, and agencies, and other entities but excluding the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate, or State House of Representatives; the Legislative Council; the Office of Legislative Printing and Information Technology Services; or counties, municipalities, and special service and school districts, must be treated as a single enterprise for purposes of securing and utilizing local and long distance telecommunications equipment and services.
The State Budget and Control Board shall secure all telecommunications equipment and services for the state government enterprise under terms it considers suitable and coordinate the supply of the equipment and services for state government use. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services unless approved by the board."
SECTION 3. Title 1 of the 1976 Code is amended by adding:
Section 1-8-10. (A) There is hereby created as a separate division within the Department of Administration the Office of the State Inspector General to be headed by a State Inspector General. The State Inspector General must be responsible for promoting integrity and efficiency in executive agencies.
(B) The State Inspector General must possess the following qualifications:
(1) a bachelor's degree from an accredited college or university with major in accounting, or with a major in business which includes five courses in accounting, and five years of experience as an internal auditor of independent post auditor, electronic data processing auditor, accountant, or any combination thereof. The experience must at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or
(2) a master's degree in accounting, business administration, or public administration from an accredited college or university and four years of experience as required in item (1); or
(3) a certified public accountant license or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and five years of experience as required in item (1).
(C) The State Inspector General must be appointed by the Governor with the advice and consent of the Senate for a term to be coterminous with that of the Governor.
(D) The State Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection.
(E) The State Inspector General may be removed from office at the Governor's discretion by an executive order as provided in Section 1-3-240(B).
(F) The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Governor and shall exercise other powers and perform other duties as the Governor requires. The State Inspector General must be directly responsible to the Governor and must be independent of any other executive agency.
Section 1-8-20. (A) For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, department, board, commission, institution, university, college, body politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived. 'Executive agency' or 'executive agencies' does not mean or include municipalities, counties, special purpose districts, the South Carolina National Guard, or any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.
(B) The purpose of the Office of State Inspector General is to:
(1) initiate, supervise, and coordinate investigations, recommend polices, and carry out other activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all executive agencies;
(2) keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;
(3) provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.
(C) Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.
(D) The Office of State Inspector General and the State Inspector General have no jurisdiction, power, or authority over:
(1) the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard;
(2) municipalities, counties, or special purpose districts; or
(3) any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.
Section 1-8-30. (A) It is the duty and responsibility of the State Inspector General to:
(1) initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;
(2) investigate, upon receipt of a complaint or for cause, any administrative action of any executive agency including, but not limited to, the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety;
(3) examine the records of any executive agency;
(4) require and obtain immediately by written notice from officers and employees of executive agencies, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence;
(5) have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;
(6) recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;
(7) coordinate complaint-handling activities in executive agencies;
(8) implement policies to conform to the standards of Chapter 27 of Title 8 concerning information received from state employees;
(9) establishing and maintaining an 800 telephone number for reporting fraud, waste, and abuse and for use as a whistle blower's hotline;
(10) report expeditiously to and cooperate fully with the State Attorney General, South Carolina Law Enforcement Division, the United States Attorney General, an appropriate solicitor, and other law enforcement agencies when there are recognizable grounds to believe that there has been a violation of criminal law or that a civil action should be initiated;
(11) refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate;
(12) review, evaluate, and monitor the policies, practices, and operations of the Executive office of Governor;
(13) conduct special investigations and management reviews at the request of the Governor;
(14) select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office; and
(15) promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations for a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.
(B) The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.
Section 1-8-40. (A) Upon request of the State Inspector General for information or assistance, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.
(B) If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Governor for appropriate action.
(C) The State Inspector General must submit any findings in the form of a written report to the Governor upon completion of any investigation or audit. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.
(D) The State Inspector General must monitor the implementation of the executive agency's response to any report. No later than six months after the State Inspector General publishes a report on the executive agency, the State Inspector General must provide a written response to the Governor on the status of corrective actions taken. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.
(E) No later than February 15th of each year, the State Inspector General must submit an annual report summarizing the activities of the office during the immediately preceding state fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Legislative Audit Council. The report must include, but need not be limited to:
(1) a description of activities relating to the development, assessment, and validation of performance measures;
(2) a description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period;
(3) a description of the recommendations for corrective action made by the State Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies identified;
(4) the identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; and
(5) a summary of each audit and investigation completed during the reporting period.
(F) Any report under this section is subject to public disclosure to the extent that it does not include information made confidential and exempt under the provisions of Sections 30-4-20(c) and 30-4-40. However, when the State Inspector General or a member of his staff receives from an individual a complaint or information, the name or identity of the individual, must not be disclosed to anyone else without the written consent of the individual, unless the State Inspector General determines that such disclosure is unavoidable during the course of the investigation.
(G) The State Inspector General may make public reports relating to the administration of the programs and operations of an executive agency that are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines to issue a public report, he must consult with the Attorney General and other laws enforcement agencies before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;
(H) In performing his duties, the State Inspector General is subject to the statutory provisions and penalties regarding confidentiality of records of the executive agency or person under review.
Section 1-8-50. (A) No person may take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.
(B) Nothing in this article shall affect the rights and protections of state employees afforded under Title 8.
(C) The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."
SECTION 1. Section 13-1-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 13-1-10. (A) The Department of Commerce is established as an administrative agency of state government which is comprised of a Division of State Development, a Division of Savannah Valley Development, a Division of Aeronautics, a Division of Public Railways, and an Advisory Coordinating Council for Economic Development. Each division of the Department of Commerce shall have such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law to the State Development Board, the Savannah Valley Authority, the South Carolina Aeronautics Commission, the South Carolina Public Railways Commission, and the Coordinating Council for Economic Development, its officers or agencies, are hereby transferred to the Department of Commerce together with all records, property, personnel, and unexpended appropriations. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act."
SECTION 2. Section 13-1-20 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 13-1-20. The Department of Commerce shall conduct an adequate statewide program for the stimulation of economic activity to develop the potentialities of the State; manage the business and affairs of the Savannah Valley Development; develop state public airports and an air transportation system that is consistent with the needs and desires of the public; develop the state public railway system for the efficient and economical movement of freight, goods, and other merchandise; and enhance the economic growth and development of the State through strategic planning and coordinating activities."
SECTION 1. Section 24-13-110 of the 1976 Code is amended to read:
"Section 24-3-110. The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Public Safety Motor Vehicles and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs, and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Public Safety Motor Vehicles may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity."
SECTION 2. Section 24-13-1910 of the 1976 Code is amended to read:
"Section 24-13-1910. There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least seven hundred fifty beds. The centers established under this section must be fully operational by January 1, 1997."
SECTION 3. Section 24-13-1920 of the 1976 Code is amended to read:
"Section 24-13-1920. The Department Bureau of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a center for alcohol and drug rehabilitation established pursuant to Section 24-13-1910. The Department Bureau of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly."
SECTION 4. Section 24-13-1940 of the 1976 Code is amended to read:
"Section 24-13-1940. For the Department of Corrections to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Bureau of Alcohol & Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the center for alcohol and drug rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a center for alcohol and drug rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a center for alcohol and drug rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a center for alcohol and drug rehabilitation."
SECTION 5. Section 24-13-2140 of the 1976 Code is amended to read:
"Section 24-13-2140. The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections shall:
(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;
(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;
(3) disseminate information about the services throughout the State;
(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;
(5) provide inmates of the Department of Corrections information concerning post-release job training and employment referral services and information concerning services that may be available from the Department Bureau of Alcohol and Other Drug Abuse Services, and the Department Bureau of Mental Health, both in the Department of Health and Human Services, Division of Behavioral Health Services, and the Office of Veterans Affairs Division, Office of the Governor;
(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 24-13-2120;
(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 6. Section 24-21-620 of the 1976 Code is amended to read:
"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided however, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations, which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon affirmative recommendation from the administrative hearing officer, a hearing shall be scheduled before the board. Upon an affirmative determination by the board, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination."
SECTION 7. Chapter 21, Title 24 is amended by adding:
"Section 24-21-630. In cases of parole eligible prisoners in confinement due to conviction for violent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for the determination by the board. Upon affirmative recommendation from the administrative hearing officer, a hearing shall be scheduled before the board. Upon an affirmative determination by the board, the prisoner must be granted a provisional parole or parole."
SECTION 8. Section 24-23-40 of the 1976 Code is amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(1) development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Department of Vocational Rehabilitation,; and the Department Bureau of Mental Health, and the Department Bureau of Alcohol and Other Drug Abuse Services, both in the Department of Health and Human Services, for purposes of coordination and referral of probationers, parolees, and community supervision releasees for rehabilitation services;
(2) development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis;
(3) development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as probation, parole, and community supervision outcomes, revocations, and recidivism;
(4) development of adequate training and staff development for its employees."
SECTION 9. Section 20-7-8515(D) of the 1976 Code, as last amended by Act 388 of 2000, is further amended to read:
"(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department Bureau of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order."
SECTION 10. Section 23-3-460 of the 1976 Code, as last amended by Act 310 of 2002, is further amended to read:
"Section 23-3-460. Any person required to register under this article shall be required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
Any person required to register under this article and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina must register within ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 11. Section 40-47-140(D) of the 1976 Code is amended to read:
"(D) For the SPEX (Special Purpose) and COMVEX examinations, the following standards apply:
An applicant for permanent licensure who has not passed national boards, FLEX, SPEX, COMVEX, or been certified, recertified, or awarded a certificate of added qualifications by a specialty board recognized by the American Board of Medical Specialities or the American Osteopathic Association within ten years of the date of filing the application with this board shall pass the SPEX or COMVEX exam. A passing score on the SPEX examination is seventy-five or better. A passing score on the COMVEX examination must be established by the testing agency. This requirement is in addition to all other requirements for licensure. The SPEX or COMVEX examination requirement does not apply to a physician employed full time by the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, State Department Bureau of Mental Health, and Department of Disabilities and Special Needs acting within the scope of his employment. A license issued to this physician is revoked immediately if he leaves the full-time employment or acts outside his scope of employment. However, the SPEX or COMVEX examination requirement applies to a physician providing services under a contract for the State and a physician providing services for which there is an expectation of payment, is payment for services, or should have been payment from a source other than the salary the physician receives from the State."
SECTION 12. Section 42-1-480 of the 1976 Code is amended to read:
"Section 42-1-480. Any inmate of the State Department of Corrections, as defined in this section, in the performance of his work in connection with the maintenance of the institution, any Department vocational training program, or with any industry maintained therein, or with any highway or public works activity outside the institution, who suffers an injury for which compensation is specifically prescribed in this Title, may, upon being released from such institution either upon parole or upon final discharge, be awarded and paid compensation under the provisions of this Title. If death results from such injury, death benefits shall be awarded and paid to the dependents of the inmate. The time limit for filing a claim under this section shall be one year from the date of death of the inmate or the date of his release either by parole or final discharge, and no inmate shall be eligible for benefits unless his injury is reported prior to his release from custody of the Department. If any person who has been awarded compensation under the provisions of this section shall be recommitted to an institution covered by this section, such compensation shall immediately cease, but may be resumed upon subsequent parole or discharge.
For purposes of this section, the term 'inmate' includes any person sentenced to the South Carolina Department of Corrections and who is then in the jurisdiction of the Department, or any person sentenced to the county public works who has been transferred to the Department of Corrections for confinement. An inmate who has been sentenced to the Department of Corrections and who is temporarily transferred to the county public works, or to any other South Carolina law-enforcement authority, or to out-of-state authorities, is not considered to be in the 'jurisdiction' of the South Carolina Department of Corrections for purposes of this section.
This section shall not apply to patients of the South Carolina Department Bureau of Mental Health in the Department of Health and Human Services or those persons who are confined within the jurisdiction of the county prisons, county jails, city jails or overnight lockups or to any inmate injured in a fight, riot, recreational activity or other incidents not directly related to his work assignment."
SECTION 13. Section 44-48-50 of the 1976 Code is amended to read:
"Section 44-48-50. The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole, and Pardon Services;
(3) a representative from the Department Bureau of Mental Health in the Department of Health and Human Services of who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5) the Chief Attorney of the Office of Appellate Defense or his designee.
The Director of the Department of Corrections or his designee shall be the chairman of the team."
SECTION 1. Section 59-1-450 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-1-450. The State Board of Education, through the Department of Education and in consultation with the Education Oversight Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents in their role as the principal teachers of their preschool children. The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
The State Board of Education, through the Department of Education and after consultation with the Education Oversight Committee, shall promulgate regulations to implement parenting/family literacy programs in all school districts or consortia of school districts. Priority must be given to serving those parents whose children are considered at risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, an adequate number of those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter. Only those projects whose evaluations show them to be most effective may be selected based on criteria developed by the State Department of Education in consultation with the Education Oversight Committee.
Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free and reduced-price lunch-eligible students in grades one through three in a district or consortium relative to the total free and reduced-price lunch-eligible students in grades one through three in the State. The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section.
The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department Bureau of Social Services, the South Carolina State Library, and Department of Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.
By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, the South Carolina State Library, and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The Executive Director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Education Oversight Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department Bureau of Social Services, and the Department of Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."
SECTION 2. Section 59-36-20 of the 1976 Code, as added by Act 86 of 1993, is amended to read:
"Section 59-36-20. The State Board of Education and the State Department of Education are responsible for establishing a comprehensive system of special education and related services and for ensuring that the requirements of the Federal Individuals with Disabilities Education Act are carried out. Other state agencies which provide services for children with disabilities are directed to cooperate in the establishment and support of the system. Agencies with responsibilities under this chapter include: the Department of Mental Retardation Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department Bureau of Mental Health, the State Department Bureau of Social Services, Bureau of the Continuum of Care, and the State Department of Education.
All public education programs for children with disabilities within the State, including all programs administered by any other state or local agency, are under the general supervision of the persons responsible for education programs for children with disabilities in the State Department of Education and must meet the standards of the State Board of Education.
No provision of this section or of this chapter may be construed to limit the responsibilities of agencies other than the Department of Education from providing or paying for some or all of the cost of services to be provided the state's children with disabilities and the level of service must, at a minimum, be similar to that provided individuals with similar needs. If agencies are unable to agree on responsibilities for a particular child, the issue must be decided by the Bureau of Children's Case Resolution System Services, Section 20-7-5210, et seq."
SECTION 3. Section 43-1-240 of the 1976 Code is amended to read:
"Section 43-1-240. The State Department Bureau of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 4. Section 44-1-280 of the 1976 Code is amended to read:
"Section 44-1-280. The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 5. Section 13-7-20 of the 1976 Code is amended to read:
"Section 13-7-20. The Division of State Development of the Department of Commerce, hereinafter in this section referred to as the division, is hereby designated as the agency of the State which shall be responsible for the promotion and development of atomic energy resources in South Carolina.
In accordance with the laws of this State, the division shall employ, compensate, and direct the activities of such individuals as may be necessary to carry out the provisions of this article. The division shall have the following powers and duties in the promotion and development of atomic energy industries, and resources, in addition to its other duties as imposed by law:
(1) Promote and assist in the establishment of private atomic energy facilities such as nuclear fuel manufacturing, fabrication, and reprocessing plants; radioisotope facilities; waste-disposal sites; test-reactor sites; transportation facilities; and others which are necessary or desirable for the promotion and development of atomic energy resources within the State.
(2) Assist the Governor, the General Assembly, and other agencies of state government in the development and promotion of atomic energy resources and industrial activities.
(3) Coordinate the atomic energy industrial development activities of the State, recognizing the regulatory authority of the State Department of Health and Human Services and the duties of other departments of state government.
(4) Maintain a close liaison with the industrial community, the federal government, the governments of other states, and regional bodies concerned with the promotion and development of industrial activity in the field of atomic energy.
(5) Cooperate with institutions of higher learning in order to take full advantage of all research activities which will support atomic energy development and industrial activities.
(6) Accept and administer loans, grants, and other funds or gifts, conditional or otherwise, in the furtherance of its promotion and development functions, from the federal government and other sources, public or private."
SECTION 1. Chapter 4, Title 48 of the 1976 Code is amended to read:
Section 48-4-10. (A) The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources and other laws specifically assigned to it. The department must be comprised of a Natural Resources Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division. Each division of the department must have the functions and powers provided by law.
(B) All functions, powers, and duties provided by law to the former South Carolina Wildlife and Marine Resources Department, the Geological Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the former South Carolina Water Resources Commission and the State Land Resources Conservation Commission are transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.
(C) All divisions are directly accountable to and subject to the Department of Natural Resources.
(D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished. Reserved.
Section 48-4-20. For the purposes of this chapter:
(1) 'Board' means the governing body advisory board of the department.
(2) 'Department' means the South Carolina Department of Natural Resources.
(3) 'Director' or 'Executive Director' means the administrative head of the department, appointed by the board Governor with the advice and consent of the Senate. The Director serves at the pleasure of the Governor and may be removed by the Governor pursuant to Section 1-3-240(B).
Section 48-4-30. The department shall be governed by a An advisory board consisting of seven non-salaried nonsalaried board members is hereby created for the department. Board members of the former Department of Wildlife and Marine Resources shall serve as board members for the Department of Natural Resources until their terms expire and their successors are appointed and qualify. All advisory board members shall must be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district of the state, and one shall be appointed from the state at-large at large. In making appointments, race, gender, and other demographic factors should must be considered to assure ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board Advisory board members must possess sound moral character, and superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.
The Governor may remove any advisory board member pursuant to the provisions of Section 1-3-240(B).
Terms of the members shall be are for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.
Each advisory board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.
One of the members of the advisory board shall be designated by the Governor to serve as chairman.
Section 48-4-40. The advisory board members shall receive reimbursement for their expenses incurred while engaged in the work of the board as provided by law for state boards and commissions.
Section 48-4-50. The advisory board shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States render advice and counsel, and shall perform such duties and functions as may be set by the department director after consultation with the Governor. The advisory board may hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum.
Section 48-4-60. The board Director of the Department of Natural Resources shall appoint a director to serve at its pleasure who shall be the administrative head of the department. The director must carry out the policies of the board department and administer the its affairs of the department. The director may exercise all powers belonging to the board department within the guidelines and policies established by the board. The director shall manage the administration and organization of the department, subject to constitutional and statutory provisions, and may appoint such assistants or deputies as the director considers necessary. The director may hire such employees as the director considers necessary for the proper administration of the affairs of the department. The director must prescribe the duties, powers, and functions of all assistants, deputies, and employees of the department.
Section 48-4-70. The board director shall:
(1) hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum. The board may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia;
(2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws;
(3) make an annual report to the General Assembly on all matters relating to its action the department;
(4)(2) require those of its the department's officers, agents, and employees it he designates to give bond for the faithful performance of their duties in the sum and with the sureties it he determines, and all premiums on the bonds must be paid by the board department;
(5)(3) pay travel expenses; and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its his duties; and
(6)(4) exercise and perform other powers and duties as granted to it the director or imposed upon it the director by law.
Section 48-4-80. The board director may:
(1) make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its the department's duties. The board director may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect. These regulations must be promulgated through the Department of Natural Resources.
(2) exercise all authority granted to it the department under the laws and regulations relating to wildlife, marine and natural resources.
(3) conduct such hearings as may be required by law."
SECTION 2. Section 48-9-15 of the 1976 Code is amended to read:
"Section 48-9-15. As used in this chapter:
(1) 'Department' means the Department of Natural Resources.
(2) 'Division' means Land Resources and Conservation Districts Division of the Department of Natural Resources.
(3) 'Director' means the administrative head of the department appointed by the board Governor."
SECTION 3. Section 51-17-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-10. The following words or phrases have the definition given unless clearly specified otherwise:
1. 'Board of the department' means the governing board of the Department of Natural Resources Reserved.
2. 'Department' means the Department of Natural Resources.
3. 'Advisory board' means the Heritage Trust Advisory Board.
4. '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 relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics.
5. '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 surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character.
6. 'Cultural area or feature' means an area or feature which 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 a 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.
7. 'Heritage Preserve' means a natural or cultural area or feature which is 'dedicated' under this chapter.
8. 'Heritage Site' means a natural or cultural feature which has been recognized as such through 'registration' under this chapter.
9. 'Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 51-17-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or to the Department of Natural Resources under this chapter:
(a) 'Acquisition' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the board of the department for such purpose; or
(b) 'Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department Department of Natural Resources 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.
10. 'Register' or 'registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department Department of Natural Resources recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-17-100.
11. 'Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department Department of Natural Resources, 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 Heritage Preserves and Sites.
12. 'The 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. The term 'Heritage Trust' means the legal trust which is created under Section 51-17-90."
SECTION 4. Section 51-17-50 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 51-17-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department Department of Natural Resources in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen 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 and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. 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.(A) The Director of the Department of Natural Resources;
C.(B) The Director of the South Carolina Department of Park, Recreation and Tourism;
D.(C) The Director of the Land Resources Conservation Districts Division of the Department of Natural Resources;
E.(D) The Director of the South Carolina Department of Archives and History;
F.(E) The State Forester;
G.(F) The State Archeologist;
H.(G) The Director of the State Museum; and
I.(H) The Secretary of Commerce.
Provided, however 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 5. Section 51-17-70 of the 1976 Code is amended to read:
"Section 51-17-70. The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:
1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.
2. The department shall supply such other staff and support services as the board of the department and the advisory board shall require to fulfill their duties and responsibilities under this chapter.
3. The department shall maintain a public record of any inventories or lists established under this chapter.
4. The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter.
5. The department shall 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 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 department 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."
SECTION 6. Section 51-17-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-90. There is hereby created the South Carolina Heritage Trust, the trustee of which shall be the Board of the South Carolina Department of Natural Resources Director of the Department of Natural Resources. The corpus of the trust shall be made up of those Heritage Preserves which the board director of the department 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 board director of the department shall have authority to place into the corpus of the trust any Heritage Preserve that it the director 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 board director of the department of the inclusion of a Heritage Preserve in the corpus of the South Carolina 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 South Carolina Heritage Trust.
2. In any case wherein the previous owner of a Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina 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 board director of the department of the inclusion of any Heritage Preserve in the South Carolina Heritage Trust and the transfer of the title or interest held by the board director of the department 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 South Carolina 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 department, and the board director of the department, and any agency of the State is 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 board director of the department of inclusion of any Heritage Preserve into the corpus of the South Carolina Heritage Trust, the advisory board shall review the management plan therefor as well as the 'Dedication Agreement' and any other sources of information which it may consider appropriate. Upon approval thereof by the board director of the department, the department, or that agency or group assigned management responsibilities therefor, 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 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 of any improvements thereon except those minimal improvements necessary for the security, safety, or convenience of the public and those required for maintenance and management.
(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; or 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, 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.
(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; 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 or feature as a 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 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 area or feature.
(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 which are acquired as 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 Heritage Trust; provided, however, that before any such condemnation shall occur, a court of competent jurisdiction shall determine the following:
(1) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;
(2) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and
(3) 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 Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the 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 which form the corpus of the trust.
7. The common law of South Carolina pertaining to trusts shall be applicable to the Heritage Trust and to all areas or features, or interests therein, which become a part 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 7. Section 51-17-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-130. 1. 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.
2. The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the department, bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
3.(a) Any 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.
(b) Any 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 8. Section 51-18-60(2)(a) of the 1976 Code, as added by Act 387 of 2000, is amended to read:
"(a) the Chairman of the Board Director of the Department of Natural Resources;"
SECTION 9. Section 1-5-40(A)(69)(a) of the 1976 Code is amended to read:
"(a) Natural Resources Advisory Board"
SECTION 10. Section 48-45-80 of the 1976 Code is amended to read:
"Section 48-45-80. There is hereby created an advisory committee to the Consortium Director to consist of seven members who shall serve for terms of four years and until their successors are appointed and qualified. Four members must be appointed by the Governor with the advice and consent of the Senate. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry. The chairmen of the Senate Fish, Game and Forestry Committee, and House Agriculture and Natural Resources Committee, and Department of Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commission. The Director of the Department of Natural Resources shall serve as the seventh member. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry."
SECTION 11. Section 48-59-40(A)(1) of the 1976 Code is amended to read:
"(1) the Chairman of the Board for Director of the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;"
SECTION 12. Section 49-23-20(n) of the 1976 Code is amended to read:
"(n) 'Board' means the governing authority of the Department of Natural Resources."
SECTION 13. Section 49-25-40 of the 1976 Code is amended to read:
"Section 49-25-40. The state climatologist may certify copies as being authentic reproductions of weather records held in the State and shall present a report each year to the board of the Director of the Department of Natural Resources concerning the activities of the climatic program and other information which the board director may consider necessary."
SECTION 14. Section 50-1-5 of the 1976 Code is amended to read:
"Section 50-1-5. For the purposes of Title 50, unless the context clearly indicates otherwise,:
(1) 'Board' means the governing body of the department.
(2) 'Department' means the South Carolina Department of Natural Resources.
(3)(2) "Director" means the administrative head of the department, appointed by the board Governor.
(4)(3) 'Enforcement officer' means an enforcement officer of the Natural Resources Enforcement Division of the department."
SECTION 15. Section 50-3-180(A) of the 1976 Code is amended to read:
"(A) The Mitigation Trust Fund of South Carolina is credited for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with Director of the Department of Natural Resources has full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law."
SECTION 16. Section 50-3-720 of the 1976 Code is amended to read:
"Section 50-3-720. There is created the Board of Trustees of the Wildlife Endowment Fund of the Department of Natural Resources, with. The Director of the Department of Natural Resources has full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11."
SECTION 17. Section 50-3-910 of the 1976 Code is amended to read:
"Section 50-3-910. There is created the Board of Trustees of the Jocassee Gorges Trust Fund of the Department of Natural Resources, with. The Director of the Department of Natural Resources has full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11."
SECTION 18. Section 50-3-1120 of the 1976 Code is amended to read:
"Section 50-3-1120. The board Director of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund."
SECTION 19. Section 50-5-1950 of the 1976 Code is amended to read:
"Section 50-5-1950. (A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:
(1) one member of the Board of the Director of the Department of Natural Resources to serve ex officio;
(2) two at-large members appointed by the Governor; and
(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, Dorchester, and Berkeley Counties.
(B) The members in subsection (A)(2) and (3) shall represent the saltwater recreational fishing community.
(C) Committee members shall be paid the usual mileage, subsistence, and per diem as prescribed by law for members of state boards, commissions, and committees to be paid from revenues from the sale of stamps, licenses, prints, and related articles.
(D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms. Vacancies shall be filled for the remainder of the unexpired term in the manner of original appointment."
SECTION 20. Section 50-11-20 of the 1976 Code is amended to read:
"Section 50-11-20. (A) As used in this article:
(1) 'Board' means the governing body of the South Carolina Department of Natural Resources.
(2) 'Committee' means the Migratory Waterfowl Committee.
(3)(2) 'Department' means the South Carolina Department of Natural Resources.
(4)(3) 'Migratory waterfowl' means members of the family 'Anatidae', including brants, ducks, geese, and swans.
(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board Director of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.
(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:
(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.
(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board Director of the Department of Natural Resources for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.
(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board department."
SECTION 21. Sections 44-1-50, 48-39-40, 48-39-150(D), 48-39-180, 48-39-280(A)(4), 48-39-280(E), 48-39-290(D)(4) of the 1976 are amended to read:
"Sections 44-1-50. The board may conduct such hearings as may be required by law, as considered necessary by the board, and as necessary to hear appeals from decisions of administrative law judges pursuant to Chapter 23 of Title 1. The board does not have the authority to hear appeals from decisions of the Coastal Zone Management Appellate Panel or the Mining Council. Such appeals shall be conducted pursuant to the provisions in Chapters 20 and 30 of Title 48.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however However, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions.
Section 48-39-40. (A) On July 1, 1994, there is created the Coastal Zone Management Appellate Panel which consists of fourteen members, which shall act as an advisory council to the Department of Health and Environmental Control. The members of the panel shall be constituted as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. The panel shall elect a chairman, vice-chairman, and other officers it considers necessary.
(B) Terms of all members are for four years and until successors are appointed and qualify. Members from congressional districts serve terms of two years only as determined by lot at the first meeting of the panel. Vacancies must be filled in the original manner of selection for the remainder of the unexpired term.
(C) On July 1, 1994, members of the South Carolina Coastal Council, become members of the South Carolina Coastal Zone Appellate Panel and continue to serve until their terms expire. Upon the expiration of their terms, members must be selected as provided within this section.
(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right of direct appeal from the decision of to the Administrative Law Judge Division to the Coastal Zone Management Appellate Panel. Appeals from the Administrative Law Judge Division must be taken to circuit court. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial.
Section 48-39-180. Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the department by the Coastal Zone Management Appellate Panel, or any person adversely affected by the permit, may, within twenty days after receiving notice thereof, file petition in the circuit court having jurisdiction over the affected land for a review of the department's action 'de novo' or to determine whether the department's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the State's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power, it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The circuit court may in its discretion require that a reasonable bond be posted by any person. It is specifically intended that any person whose permit application has been denied may have such permit issued by the circuit court having jurisdiction if such person can prove the reasons given for denial to be invalid.
(4) Notwithstanding any other provision of this section, where a department-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an Administrative Law Judge to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the Administrative Law Judge grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an Administrative Law Judge's decision under this section may must be made to the Coastal Zone Management Appellate Panel circuit court.
(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three The requests must be forwarded to the Coastal Zone Management Appellate Panel and handled in accordance with the department's regulations on appeals.
(4) A party aggrieved by the committee's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel Administrative Law Judge Division pursuant to Section 48-39-150(D)."
SECTION 22. Section 49-3-20 and 49-3-30 of the 1976 Code are amended to read:
"Section 49-3-20. As used in this chapter:,
(1) 'Board' means the governing body of the Department of Natural Resources.
(2) 'Department' means the Department of Natural Resources.
Section 49-3-30. The former Water Resources Commission without its regulatory functions is hereby transferred to the Water Resources Division of the Department of Natural Resources and is directly accountable to and subject to the board Director of the Department of Natural Resources. The Water Resources Division shall be directly accountable to and subject to the Department of Natural Resources. The regulatory functions of the former Water Resources Commission are transferred to the Department of Health and Environmental Control."
SECTION 23. Section 13-11-20 of the 1976 Code is amended to read:
"Section 13-11-20. Members of the board shall be appointed by the Governor as follows: two members upon nomination of the Director of the South Carolina Department of Parks, Recreation and Tourism; one member upon nomination of the Director of the Department of Natural Resources; two members upon nomination of the Director of the Department Secretary of Commerce or his designee; one member upon nomination of the Fairfield County Council; one member upon nomination of the Fairfield County Development Board; and one member appointed by the Governor, who shall be the chairman. In addition, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the Department Secretary of Commerce or his designee, the Executive Director of the State Housing Authority, the Executive Director of the Central Midlands Regional Planning Council, the Transportation Commissioner representing Fairfield County, the Mayor of the city of Winnsboro, the member any members of the House of Representatives from District No. 41 and any Senators from Senatorial District No. 7 who are residents of Fairfield County or who represent the county, and the Executive Director of the South Carolina Department of Archives and History shall serve as ex officio members of the board. Terms of office of the appointed members shall be five years and until their successors are appointed and qualified. Vacancies shall be filled in the manner of original appointment for the unexpired term."
SECTION 1. Articles 1, 2, and 3, Chapter 6, Title 44 of the 1976 Code are amended to read:
Section 44-6-5. As used in this chapter:
(1) 'Department' means the State Department of Health and Human Services.
(2) "Division" means the Division of Research and Statistical Services of the State Budget and Control Board.
'Secretary' means the chief administrative officer of the Department of Health and Human Services.
(3) "Costs of medical education" means the direct and indirect teaching costs as defined under Medicare.
(4) "Market basket index" means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the commission using substantially the same methodology as the federal market basket uses on January 1, 1986. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review.
(5) "Medically indigent" means:
(a) all persons whose gross family income and size falls at or below the federal Community Service Administration guidelines and who meet certain qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship, and migrant or seasonal farm workers who have no established domicile in any state; and
(b) all persons whose gross family income and size falls between one hundred percent and two hundred percent of the Community Service Administration guidelines who meet certain other qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship and whose medical bill is sufficiently large in relation to their income and resources to preclude full payment. For the purposes of this definition, the qualifying criteria for real property allowance shall permit ownership of up to fifty acres of farmland upon which the family has resided for at least twenty-five years.
(6) "Net inpatient charges" means the total gross inpatient charges, minus the unreimbursed cost of medical education and the unreimbursed cost of providing medical care to medically indigent persons. The cost of care provided by a hospital to meet its Hill-Burton obligation is not considered an unreimbursed cost of providing medical care to medically indigent persons.
(7) "South Carolina growth index" means the percentage points added to the market basket index to adjust for the South Carolina specific experience. The Health Care Planning and Oversight Committee shall complete a study which identifies and quantifies those elements which should be included in the growth index. The elements may include, but are not limited to: population increases, aging of the population, changes in the type and intensity of hospital services, technological advances, the cost of hospital care in South Carolina relative to the rest of the nation, and needed improvements in the health status of state residents. Based on the study, the department shall develop and promulgate regulations for the annual computation of the growth index. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review. Until a formula for computing the South Carolina growth index is promulgated, the annual index must be six and six-tenths percent which is equal to the average percentage difference between South Carolina hospital expenditures and the federal market basket index for the previous ten years.
(8) "State resident" means a person who is domiciled in South Carolina. A domicile once established is lost or changes only when one moves to a new locality with the intention of abandoning his old domicile and intends to live permanently or indefinitely in the new locale.
(9) "Target rate of increase" means the federal market basket index as modified by the South Carolina growth index.
(10) "General hospital" means any hospital licensed as a general hospital by the Department of Health and Environmental Control.
Section 44-6-10. (A) There is created the State Department of Health and Human Services which shall be headed by a Director secretary appointed by the Governor, upon the advice and consent of the Senate. The director secretary is subject to removal by the Governor pursuant to the provisions of Section 1-3-240(B).
(B) The department shall be organized into the following divisions:
(1) Division of Administration;
(2) Division of Health Care Financing;
(3) Division of Health Services;
(4) Division of Human Services;
(5) Division of Advocacy and Service Coordination.
(C) The secretary shall appoint an undersecretary for each division who shall oversee the operation of his respective division, and who shall serve at the pleasure of the secretary. Each undersecretary shall appoint the bureau chiefs who shall oversee the operation of the respective bureaus, and who shall serve at the pleasure of the undersecretary.
(D) The department may promulgate regulations to carry out its duties under this chapter and other provisions of law.
All state and local agencies whose responsibilities include administration or delivery of services which are covered by this chapter shall cooperate with the department and comply with its regulations.
Section 44-6-20. The Division of Administration shall:
(1) asses, prioritize, and coordinate division goals and objectives into a comprehensive department strategic plan;
(2) provide human resource management to all divisions, including all bureaus, offices, services, and programs within each division and is responsible for administration of state personnel policies and general department personnel policies;
(3) consult with each division in the development of each division's respective budget;
(4) coordinate and consolidate division budgets into a comprehensive Health and Human Services budget;
(5) provide other administrative oversight functions as the secretary may specify.
Section 44-6-30. (A) The department shall Division of Health Care Financing is comprised of the following bureaus:
(1) Bureau of Medicaid Services;
(2) Bureau for South Carolina Retires and Individuals Pooling Together for Savings (SCRIPTS) Program.
(B)(1) The Bureau of Medicaid Services shall administer Title XIX of the Social Security Act (Medicaid), including the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System.
(2) Be The bureau is designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act.
(3) Administer the Social Services Block Grant Program.
(4) Be prohibited from engaging in the delivery of services.
(C) The Division of Health Care Financing shall utilize the funds appropriated to the division pursuant to this section, and as may otherwise be provided by law, to enhance its health and medical purchasing capabilities and to further ensure accountability and the coordinated and effective expenditure of state and federal health funds. Unless otherwise provided for by law, the Bureau of Medicaid Services shall not engage in the delivery of services. The General Assembly shall appropriate to the Bureau of Medicaid Services Medicaid state matching funds for all entities within the Department of Health and Human Service, which shall be consolidated to match federal funds, the combination of which shall be used to reimburse claims for Medicaid reimbursable services. State matching funds appropriated to the Bureau of Medicaid Services annually must be identified in line items within the Bureau's appropriations specifying the division, bureau, office, or program within the Department of Health and Human Services for which the funds will be expended. Of the total Medicaid funds appropriated to the bureau for FY 2005-2006, the amount expended for each program or service must be maintained at least at the level of the funding for FY 2004-2005.
However, if the total matching funds for Medicaid are decreased below the FY 2004-2005 level of funding, the funding for these services may be decreased proportionately to the percentage of decrease in the total Medicaid funds.
Section 44-6-40. For all health and human services interagency programs provided for in this chapter, the department shall have the following duties:
(1) Prepare and approve state and federal plans prior to submission to the appropriate authority as required by law for final approval or for state or federal funding, or both.
Such plans shall be guided by the goal of delivering services to citizens and administering plans in the most effective and efficient ways possible.
(2) Compile and maintain in a unified, concise, and orderly form information concerning programs provided for in this chapter.
(3) Continuously review and evaluate programs to determine the extent to which they:
(a) meet fiscal, administrative, and program objectives; and
(b) are being operated cost effectively.
(4) Evaluate plans and programs in terms of their compatibility with state objectives and priorities giving specific attention to areas outlined in Section 44-6-70.
(5) Formulate for consideration and promulgation criteria, standards, and procedures that ensure assigned programs are administered effectively, equitably, and economically and in accordance with statewide policies and priorities.
(6) Inform the Governor and the General Assembly as to the effectiveness of the criteria, standards, and procedures promulgated pursuant to item (5) of this section.
(7) Develop in conjunction with other state agencies an information system to provide data on comparative client and fiscal information needed for programs.
(8) Develop a mechanism for local planning.
(9) Obtain from participating state agencies information considered necessary by the department to perform duties assigned to the department.
(A) The Division of Behavioral Health Services is comprised of the following bureaus:
(1) Bureau of Long-Term Care Facilities;
(2) Bureau of Mental Health; and
(3) Bureau of Alcohol and Other Drug Abuse Services and the Earle E. Morris, Jr. Alcohol and Drug Addiction Treatment Center operated by the former Department of Mental Health.
(B) The Bureau of Long-term Care Facilities shall operate all state facilities providing long-term care to the elderly including nursing homes for veterans as provided for in Section 44-11-30 et seq. and other nursing homes provided for by the former Department of Mental Health.
Section 44-6-45. The State Department of Health and Human Services may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee may not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
Section 44-6-50. In carrying out the duties provided for in Section 44-6-30 the department shall:
(1) Contract for health and human services eligibility determination with performance standards regarding quality control as required by law or regulation.
(2) Contract for operation of certified Medicaid management information claims processing system. For the first year of its operation it shall contract for such system with the Department of Social Services.
(3) Contract for other operational components of programs administered under this chapter as considered appropriate.
(4) Monitor and evaluate all contractual services authorized pursuant to this chapter to assure effective performance. Any contract entered into under the provisions of this chapter must be in accordance with the provisions of the South Carolina Consolidated Procurement Code.
(5) Establish a procedure whereby inquiries from members of the General Assembly concerning the department's work and responsibility shall be answered as expeditiously and definitely as possible.
The Division of Human Services is created to establish a comprehensive, efficient human services delivery system that removes physical/psychosocial barriers so that individuals and families achieve their highest level of independent functioning. The Division of Human Services is comprised of the following bureaus:
(1) Bureau of Social Services including, but not limited to, the Administration of the Child Development and Social Services Block Grants, formerly administered by the former Department of Health and Human Services and the former Childcare Regulation program in the former Department of Social Services, and Managed Treatment Services which includes, managed treatment services provided by the former Department of Social Services; and
(2) Bureau of Senior and Adult Protection Services including:
(a) Office of Aging/Aging Network;
(b) Office of Adult Protective Services; and
(c) Office of Long Term Care Ombudsman Services.
Section 44-6-60. The Division of Advocacy and Service Coordination is comprised of:
(1) Bureau for Foster Care Review;
(2) Bureau of Continuum of Care; and
(3) Bureau of Children's Case Resolution Services.
Section 44-6-70. A state plan must be prepared by the department for each program assigned to it and the department must also prepare resource allocation recommendations based on such plans. The resource allocation recommendations must be approved pursuant to state and federal law. The state plans must address state policy and priority areas of service with specific attention to the following objectives:
(a) Prevention measures as addressed in health and human services programs.
(b) Achievement of a balanced health care delivery system assuring that regulations, coverage, and reimbursement policies assure that while the most appropriate care is given, tailored to the client's needs, it is delivered in the most cost-effective manner.
(c) Simplification of paperwork requirements.
(d) Achievement of optimum cost effectiveness in administration and delivery of services provided quality of care is assured.
(e) Improvement of effectiveness of third party reimbursement efforts.
(f) Assurance of maximum utilization of private and nonprofit providers in administration and service delivery systems, provided quality of care is assured.
(g) Encouragement of structured volunteer programs in administration and service delivery.
To ensure accountability and the coordinated, efficient delivery of health and human services, the division shall implement an electronic case monitoring system. This system must be developed by the Division of Healthcare Financing and the Office of Research and Statistics in the State Budget and Control Board in consultation with the Division of Health Services, Division of Human Services, and the Division of Advocacy and Service Coordination and other entities as necessary.
Section 44-6-80. The department Secretary must submit to the Governor, the State Budget and Control Board, and the General Assembly Chairmen of the Senate Judiciary Committee and House of Representatives Judiciary Committee an annual report concerning the work of the department and including details on improvements in the cost effectiveness achieved since the enactment of this chapter and must recommend changes for further improvements all requests for assistance or services from the department that could not be delivered because the person for whom the assistance or service was sought did not meet the department's criteria for providing the assistance or service. In addition, the department must include any statistical information compiled by the department for the electronic case monitoring system or by the Office of Research and Statistics in the Budget and Control Board which demonstrates populations with multiple disabilities or needs that are routinely denied services or assistance by the department due to defined department criteria.
Interim reports must be submitted as needed to advise the Governor and the General Assembly of substantive issues how to ensure service coordination, prevent unnecessary duplication of services, and avoid denying services to persons with multiple disabilities or needs because the persons fail to meet defined department criteria.
Section 44-6-90. The department may promulgate regulations to carry out its duties.
All state and local agencies whose responsibilities include administration or delivery of services which are covered by this chapter shall cooperate with the department and comply with its regulations.
Section 44-6-100. The department employees shall have such general duties and receive such compensation as determined authorized by the director have Secretary of the Department of Health and Human Services. The director shall be responsible for administration of state personnel policies and general department personnel policies. The director secretary of the department shall have sole appoint an undersecretary for each division. The undersecretaries shall appoint the chief of each bureau within a division, all of whom shall serve at the pleasure of the undersecretary who appoints them. The chief of each bureau has authority to employ and discharge employees subject to such personnel policies and funding available for that purpose.
In all instances, the director secretary shall serve as the chief administrative officer of the department and shall have the responsibility of executing policies, directives, and actions of the department either personally or by issuing appropriate directives to the employees.
The goal of the provisions of this section is to ensure that the department's business is conducted according to sound administrative practice, without unnecessary interference with its internal affairs. Public officers and employees shall be guided by this goal and comply with these provisions.
Section 44-6-132. The General Assembly finds that:
(1) There are citizens who cannot afford to pay for hospital care because of inadequate financial resources or catastrophic medical expenses.
(2) Rising health care costs and the growth of the medically indigent population have increased the strains on the health care system with a growing burden on the hospital industry, health insurance companies, and paying patients.
(3) This burden has affected businesses, which are large purchasers of health care services through employee insurance benefits, and taxpayers in counties which support public hospitals, and it causes the cost of services provided to paying patients to increase in a manner unrelated to the actual cost of services delivered to them.
(4) Hospitals which provide the bulk of unreimbursed services cannot compete economically with hospitals which provide relatively little care to indigent persons.
(5) Because of the complexity of the health care system, any effort to resolve the problem of paying for care for medically indigent persons must be multifaceted and shall include at least four general principles:
(a) Funds must be made available to assure continued access to quality health care for medically indigent patients.
(b) Cost containment measures and competitive incentives must be placed into the health care system along with the additional funds.
(c) The cost of providing indigent care must be equitably borne by the State, the counties, and the providers of care.
(d) State residents must be guaranteed access to emergency medical care regardless of their ability to pay or county of residence.
It is the intent of the General Assembly to:
(1) assure care for the largest possible number of its medically indigent citizens within funds available by:
(a) expanding the number of persons eligible for Medicaid services, using additional state and county funds to take advantage of matching federal funds;
(b) creating a fund based on provider and local government contributions to provide medical assistance to those citizens who do not qualify for Medicaid or any other government assistance and who do not have the means to pay for hospital care; and
(c) mandating access to emergency medical care for all state residents in need of the care;
(2) Provide provide incentives for cost containment to providers of care to indigent patients by implementing a prospective payment system in the Medicaid and Medically Indigent Assistance Fund programs;
(3) monitor efforts to foster competition in the health care market place while being prepared to make adjustments in the system through regulatory intervention if needed;
(4) promote market reforms, as the single largest employer in the State, by structuring its health insurance program to encourage healthy lifestyles and prudent use of medical services; and
(5) reduce where possible or maintain the current rate schedules of hospitals to keep costs from escalating.
Section 44-6-135. This article may be cited as the 'South Carolina Medically Indigent Assistance Act'.
Section 44-6-137. For purposes of this article:
(1) 'Costs of medical education' means the direct and indirect teaching costs as defined under Medicare.
(2) 'Division' means the Department of Health and Human Services, Division of Healthcare Financing.
(3) 'General hospital' means any hospital licensed as a general hospital by the Department of Environmental Control.
(4) 'Market basket index' means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the division using substantially the same methodology as the federal market basket uses on January 1, 1986.
(5) 'Medically indigent' means:
(a) all persons whose gross family income and size falls at or below the federal Community Service Administration guidelines and who meet certain qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship, and migrant or seasonal farm workers who have no established domicile in any state; and
(b) all persons whose gross family income and size falls between one hundred percent and two hundred percent of the Community Service Administration guidelines who meet certain other qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship and whose medical bill is sufficiently large in relation to their income and resources to preclude full payment. For the purposes of this definition, the qualifying criteria for real property allowance shall permit ownership of up to fifty acres of farmland upon which the family has resided for at least twenty-five years.
(6) 'Net inpatient charges' means the total gross inpatient charges, minus the unreimbursed cost of medical education and the unreimbursed cost of providing medical care to medically indigent persons. The cost of care provided by a hospital to meet its Hill-Burton obligation is not considered an unreimbursed cost of providing medical care to medically indigent persons.
(7) 'Office' means the Office of Research and Statistical Services of the State Budget and Control Board.
(8) 'South Carolina growth index' means the percentage points added to the market basket index to adjust for the South Carolina specific experience. The division shall develop and promulgate regulations for the annual computation of the growth index. Until a formula for computing the South Carolina growth index is promulgated, the annual index must be six and six-tenths percent which is equal to the average percentage difference between South Carolina hospital expenditures and the federal market basket index for the previous ten years.
(9) 'State resident' means a person who is domiciled in South Carolina. A domicile once established is lost or changes only when one moves to a new locality with the intention of abandoning his old domicile and intends to live permanently or indefinitely in the new locale.
(10) 'Target rate of increase' means the federal market basket index as modified by the South Carolina growth index.
Section 44-6-140. (A) To provide cost containment incentives for providers of care to Medicaid recipients, the department Bureau of Medicaid Services shall convert the Medicaid hospital reimbursement system from a retrospective payment system to a prospective payment system by October 1, 1985. The prospective payment system includes, at a minimum, the following elements:
(1) a maximum allowable payment amount established for individual hospital products, services, patient diagnoses, patient day, patient admission, or per patient, or any combination thereof. This payment must be based on hospital costs rather than hospital charges and must be adjusted at least every two years to reflect the most recent audited cost data available. The department bureau shall set by regulation those circumstances under which a hospital may seek an exception. The maximum allowable payment amount must be weighted to allow for the costs of medical education and primary, secondary, or tertiary care considerations;
(2) payment on a timely basis to the hospital by the commission bureau or patient or both, of the maximum allowable payment amount determined by the commission; and
(3) acceptance by the hospital of the maximum payment amount as payment in full, which includes any deductible or copayment provided for in the state Medicaid program.
(B) The department bureau shall at the same time implement other cost containment measures which include, but are not limited to:
(1) utilization reviews for appropriateness of treatment and length of stay;
(2) preadmission certification of nonemergency admissions;
(3) mandatory outpatient surgery in appropriate cases;
(4) a second surgical opinion pilot study; and
(5) procedures for encouraging the use of outpatient services.
The department bureau, to the fullest extent possible, shall utilize information required in this subsection in the form hospitals are presently submitting the information to other governmental agencies or in the form hospitals are presently utilizing the information within the hospital.
Section 44-6-146. (A) Every fiscal year the State Treasurer shall withhold from the portion of the Local Government Fund allotted to the counties a sum equal to fifty cents per capita based on the population of the several counties as shown by the latest official census of the United States. The money withheld by the State Treasurer must be placed to the credit of the commission Bureau of Medicaid Services and used to provide Title XIX (Medicaid) services.
(B) County governments are assessed an additional thirteen million dollars annually for use as matching funds for Medicaid services. Of these funds, seven and a half million dollars must be deposited into the Medicaid Expansion Fund created by Section 44-6-155.
The department bureau shall assess each county its share of the thirteen million dollars based on a formula which equally weighs the following factors in each county: property value, personal income, net taxable sales, and the previous two years of claims against the medically indigent assistance fund or program against county residents. If a trust fund has been established in a county to fund indigent care in the county, contributions on behalf of the county must be credited against the county assessment.
(C) Within thirty days of the first day of the state's fiscal year, and on the first day of the other three quarters, each county shall remit one-fourth of its total assessment to the department bureau. The department bureau shall allow a brief grace period during which late payments are not subject to interest or penalty.
Any county which fails to pay its assessment within the time allotted must pay, in addition to the assessment, a penalty of five percent of the assessment and interest at one and one-half percent per month from the date the assessment was originally due to the date of the payment of the assessment and penalty. The department bureau may in its discretion waive or reduce the penalty or interest or any part thereof.
Section 44-6-150. (A) There is created the South Carolina Medically Indigent Assistance Program administered by the department Bureau of Medicaid Services. The program is authorized to sponsor inpatient hospital care for which hospitals shall receive no reimbursement. A general hospital equipped to provide the necessary treatment shall:
(1) admit a patient sponsored by the program; and
(2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment.
In addition to or in lieu of an action taken affecting the license of the hospital, when it is established that an officer, employee, or member of the hospital medical staff has violated this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars.
(B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be reported to the Division Office of Research and Statistical Services pursuant to Section 44-6-170.
(C) In administering the Medically Indigent Assistance Program, the department bureau shall determine:
(1) the method of administration including the specific procedures and materials to be used statewide in determining eligibility for the program;
(a) In a nonemergency, the patient shall submit the necessary documentation to the patient's county of residence or its designee to determine eligibility before admission to the hospital.
(b) In an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital holds the patient financially responsible for all or a portion of the inpatient hospital bill, and if the hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all hospital bills incurred by its residents sponsored by the program be submitted to the county or its designee for review.
(2) the population to be served, including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the program's definition of medically indigent;
(3) the health care services covered;
(4) a process by which an eligibility determination can be contested and appealed; and
(5) the program may shall not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the department based on income and family size.
(D) Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons.
Section 44-6-155. (A) There is created the Medicaid Expansion Fund into which must be deposited funds:
(1) collected pursuant to Section 44-6-146;
(2) collected pursuant to Section 12-23-810; and
(3) appropriated pursuant to subsection (B).
This fund must be separate and distinct from the general fund. These funds are supplementary and may shall not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.
(B) The department Bureau of Medicaid Services shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C). Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds.
(C) Monies in the fund must be used to:
(1) provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines;
(2) provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines;
(3) provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines;
(4) [reserved];
(5) [reserved];
(6) [reserved];
(7) provide up to two hundred forty thousand dollars to reimburse the Office of Research and Statistics of the State Budget and Control Board and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170;
(8) [reserved].
(D) Any funds not expended for the purposes specified in subsection (C) during a given year are carried forward to the succeeding year for the same purposes.
Section 44-6-160. (A) By August first of each year, the department Bureau of Medicaid Services shall compute and publish the annual target rate of increase for net inpatient charges for all general hospitals in the State. The target rate of increase will be established for a twelve-month period from October first through September thirtieth of the following year. Once established, the target rate of increase must not be amended during the year except as provided in subsection (B) of this section. The department bureau shall monitor the performance of the hospital industry to contain costs, specifically as evidenced by the annual rate of growth of net inpatient charges. If the department bureau determines that the annual rate of increase in net inpatient charges for the hospital industry has exceeded the target rate of increase established for that year, the department bureau shall appoint an expert panel for the purpose of analyzing the financial reports of each hospital whose net inpatient charges exceeded the target rate of increase. The panel's review shall take into consideration service volume, intensity of care, and new services or facilities. The panel shall consist of at least three members who have broad experience, training, and education in the field of health economics or health care finance. The panel shall report its findings and recommendations, including recommended penalties or sanctions, to the department bureau. The department bureau shall decide what, if any, penalty it will impose within three months of receiving all necessary data.
(B) The department bureau may impose penalties or sanctions it considers appropriate. Penalties must be prospective. Financial penalties are limited to a reduction in a hospital's target rate of increase for the following year. Any reduction in a hospital's target rate of increase for the next year must not be greater than the amount the hospital exceeded the industry's target rate of increase for the previous year. Once a hospital is sanctioned, it must be reviewed annually until it succeeds in remaining below its target rate of increase.
Section 44-6-170. (A) As used in this section:
(1) 'Office' means the Office of Research and Statistics of the Budget and Control Board.
(2) 'Council' means the Data Oversight Council.
(3) 'Committee' means the Joint Legislative Health Care Planning and Oversight Committee 'Division' means the Division of Health Care Financing, Department of Health and Human Services.
(B) There is established the Data Oversight Council comprised of:
(1) one hospital administrator;
(2) the chief executive officer or designee of the South Carolina Hospital Association;
(3) one physician;
(4) the chief executive officer or designee of the South Carolina Medical Association;
(5) one representative of major third party health care payers;
(6) one representative of the managed health care industry;
(7) one nursing home administrator;
(8) three representatives of nonhealth care-related businesses;
(9) one representative of a nonhealth care-related business of less than one hundred employees;
(10) the executive vice president or designee of the South Carolina Chamber of Commerce;
(11) a member of the Governor's office staff;
(12) a representative from the Human Services Coordinating Council;
(13) the director or his designee of the South Carolina Department of Health and Environmental Control;
(14)(13) !the executive director Undersecretary of the Division of Health Care Financing or his designee of the State Department of Health and Human Services;
(15)(14) the chairman or his designee of the State Health Planning Committee created pursuant to Section 44-7-180.
The members enumerated in items (1) through (10) must be appointed by the Governor for three-year terms and until their successors are appointed and qualify; the remaining members serve ex officio. The Governor shall appoint one of the members to serve as chairman. The office shall provide staff assistance to the council.
(C) The duties of the council are to:
(1) make periodic recommendations to the committee division and the General Assembly concerning the collection and release of health care-related data by the State which the council considers necessary to assist in the formation of health care policy in the State;
(2) convene expert panels as necessary to assist in developing recommendations for the collection and release of health care-related data;
(3) approve all regulations for the collection and release of health care-related data to be promulgated by the office;
(4) approve release of health care-related data consistent with regulations promulgated by the office;
(5) recommend to the office appropriate dissemination of health care-related data reports, training of personnel, and use of health care-related data.
(D) The office, with the approval of the council, shall promulgate regulations in accordance with the Administrative Procedures Act regarding the collection of inpatient and outpatient information. No data may be released by the office except in a format recommended by the council and consistent with regulations. Before the office releases provider identifiable data the office must determine that the data to be released is for purposes consistent with the regulations as promulgated by the office and the release must be approved by the council and the committee division. Provided, however However, committee division approval of the release is not necessary if the data elements and format in the release are substantially similar to releases or standardized reports previously approved by the committee division. The council shall make periodic recommendations to the committee division and the General Assembly concerning the collection and release of health care-related data by the State. Regulations promulgated by the office mandating the collection of inpatient or outpatient data apply to every provider or insurer affected by the regulation regardless of how the data is collected by the provider or insurer. Every effort must be made to utilize existing data sources.
(E) Information may be required to be produced only with respect to admissions of and treatment to patients after the effective date of the regulations implementing this section, except that data with respect to the medical history of the patient reasonably necessary to evaluation of the admission of and treatment to the patient may be required.
(F) The office shall convene a Health Data Analysis Task Force composed of technical representatives of universities and other private sector and public agencies including, but not limited to, health care providers and insurers to make recommendations to the council concerning types of analyses needed to carry out this section.
(G) All general acute care hospitals and specialized hospitals including, but not limited to, psychiatric hospitals, alcohol and substance abuse hospitals, and rehabilitation hospitals shall provide inpatient and financial information to the office as set forth in regulations.
All hospital-based and freestanding ambulatory surgical facilities as defined in Section 44-7-130, hospital emergency rooms licensed under Chapter 7, Article 3, and any health care setting which provides on an outpatient basis radiation therapy, cardiac catherizations, lithotripsy, magnetic resonance imaging, and positron emission therapy shall provide outpatient information to the office as set forth in the regulation. Other providers offering services with equipment requiring a Certificate of Need shall provide outpatient information to the office. Additionally, licensed home health agencies shall provide outpatient information to the office as set forth in the regulation.
Release must be made no less than semiannually of the patient medical record information specified in regulation to the submitting hospital and other information specified in regulation to the hospital's designee. However, the hospital's designee must not have access to patient identifiable data.
(H) If a provider fails to submit the health care data as required by this section or Section 44-6-175 or regulations promulgated pursuant to those sections, the Office of Research and Statistics may assess a civil fine of up to five thousand dollars for each violation, but the total fine may shall not exceed ten thousand dollars.
(I) A person, as defined in Section 44-7-130, seeking to collect health care data or information for a registry shall coordinate with the office to utilize existing data collection formats as provided for by the office and consistent with regulations promulgated by the office. With the exception of information that may be obtained from the Office of Vital Records, Department of Health and Environmental Control, in accordance with Section 44-63-20 and Regulation 61-19 and disease information required to be reported to the Department of Health and Environmental Control under Sections 44-29-10, 44-29-70, and 44-31-10 and Regulations 61-20 and 61-21 and notwithstanding any other provision of law, no hospital or health care facility or health care professional required by this section to submit health care data is required to submit data to a registry which has not complied with this section.
Section 44-6-175. (A) Annually, when a hospital submits its Medicare Cost Report to the Health Care Financing Administration Center for Medicare and Medicaid Services, the hospital shall file a copy of the report with the Division Office of Research and Statistical Services of the State Budget and Control Board including the following information:
(1) information detailing its assets and liabilities; and
(2) a statement of income, expenses, profits, and losses.
(B) The division office shall promulgate regulations to carry out this section.
Section 44-6-180. (A) Patient records received by counties, the department Division of Health Care Financing, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records gathered pursuant to Section 44-6-170 are also confidential. The division Office of Research and Statistics shall use patient-identifiable data collected pursuant to Section 44-6-170 for the purpose of linking various data bases to carry out the purposes of Section 44-6-170. Linked data files must be made available to those agencies providing data files for linkage. No agency receiving patient-identifiable data collected pursuant to Section 44-6-170 may release this data in a manner such that an individual patient or provider may be identified except as provided in Section 44-6-170. Nothing in this section may be construed to limit access by a submitting provider or its designee to that provider's information.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 44-6-190. The department Division of Health Care Financing may promulgate regulations pursuant to the Administrative Procedures Act. Appeals from decisions by the department division are heard pursuant to the Administrative Procedures Act, Administrative Law Judge, Article 5, Chapter 23 of Title 1 of the 1976 Code.
The department office shall promulgate regulations to comply with federal requirements to limit the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the Medicaid program.
Section 44-6-200. (A) A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both.
(B) Unless otherwise specified in this chapter, an individual or facility violating this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense.
Section 44-6-220. All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating:
'Eligibility for Medicaid-sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity.
'It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The department division may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid-sponsored long-term care services'.
Section 44-6-300. The Department of Health and Human Services shall establish child development services in the following counties: Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, Chesterfield, Fairfield, Jasper, Lexington, Newberry, and Orangeburg. The services established in each county must provide at least thirty slots for the children of that county. For all health and human services interagency programs provided for in this chapter, the Bureau of Medicaid Services shall have the following duties:
(1) Prepare and approve state and federal plans prior to submission to the appropriate authority as required by law for final approval or for state or federal funding, or both.
Such plans shall be guided by the goal of delivering services to citizens and administering plans in the most effective and efficient ways possible.
(2) Compile and maintain in a unified, concise, and orderly form information concerning programs provided for in this chapter.
(3) Continuously review and evaluate programs to determine the extent to which they:
(a) meet fiscal, administrative, and program objectives; and
(b) are being operated cost effectively.
(4) Evaluate plans and programs in terms of their compatibility with state objectives and priorities giving specific attention to areas outlined in Section 44-6-70.
(5) Formulate for consideration and promulgation criteria, standards, and procedures that ensure assigned programs are administered effectively, equitably, and economically and in accordance with statewide policies and priorities.
(6) Inform the Undersecretary of the Division as to the effectiveness of the criteria, standards, and procedures promulgated pursuant to item (5) of this section.
(7) Develop in conjunction with other state agencies an information system to provide data on comparative client and fiscal information needed for programs.
(8) Develop a mechanism for local planning.
(9) Obtain from participating state agencies information considered necessary by the bureau to perform duties assigned to the bureau.
Section 44-6-310. The Department of Health and Human Services shall expand existing child development services in the following counties: Beaufort, Charleston, Florence, Greenville, Hampton, and Richland. The services in each county must be expanded to provide at least twenty new slots but no more than sixty new slots for the children of each county. The Division of Health Care Financing may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee shall not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
Section 44-6-320. The establishment and expansion of the child development services mandated by Sections 44-6-300 and 44-6-310 must be accomplished within the limits of the appropriations provided by the General Assembly in the annual General Appropriations Act for this purpose and in accordance with the Department of Health and Human Services policies for child development services funded through Title XX. In carrying out the duties provided for in this article the Bureau of Medicaid Services shall provide for:
(1) health and human services eligibility determination with performance standards regarding quality control as required by law or regulation.
(2) operation of certified Medicaid management information claims processing system.
(3) other operational components of programs administered under this chapter as considered appropriate.
(4) Monitor and evaluate all contractual services authorized pursuant to this chapter to assure effective performance. Any contract entered into under the provisions of this chapter must be in accordance with the provisions of the South Carolina Consolidated Procurement Code.
(5) Establish a procedure whereby inquiries from members of the General Assembly concerning the department's work and responsibility shall be answered as expeditiously and definitely as possible.
Section 44-6-330. A state plan must be prepared by the Bureau of Medicaid Services for each program assigned to it and the bureau must also prepare resource allocation recommendations based on such plans. The resource allocation recommendations must be approved pursuant to state and federal law. The state plans must address state policy and priority areas of service with specific attention to the following objectives:
(1) Prevention measures as addressed in health and human services programs.
(2) Achievement of a balanced health care delivery system assuring that regulations, coverage, and reimbursement policies assure that while the most appropriate care is given, tailored to the client's needs, it is delivered in the most cost-effective manner.
(3) Simplification of paperwork requirements.
(4) Achievement of optimum cost effectiveness in administration and delivery of services provided quality of care is assured.
(5) Improvement of effectiveness of third party reimbursement efforts.
(6) Assurance of maximum utilization of private and nonprofit providers in administration and service delivery systems, provided quality of care is assured.
(7) Encouragement of structured volunteer programs in administration and service delivery.
Section 44-6-340. The Bureau of Medicaid Services must submit to the Undersecretary of the Division of Health Care Financing an annual report concerning the work of the bureau including details on improvements in the cost effectiveness achieved since the enactment of this chapter and must recommend changes for further improvements.
Interim reports must be submitted as needed to advise the Undersecretary of the Division of Health Care Financing of substantive issues."
SECTION 2. Article 4, Chapter 6, Title 44 of the 1976 Code is amended to read:
Section 44-6-400. As used in this article:
(1) 'Department Division' means the Department of Health and Human Services, Division of Health Care Financing.
(2) 'Nursing home' means a facility subject to licensure as a nursing home by the Department of Health and Environmental Control and subject to the permit provisions of Article 2, Chapter 7 of Title 44 and which has been certified for participation in the Medicaid program or has been dually certified for participation in the Medicaid and Medicare programs.
(3) 'Resident' means a person who resides or resided in a nursing home during a period of an alleged violation.
(4) 'Survey agency' means the South Carolina Department of Health and Environmental Control or any other agency designated to conduct compliance surveys of nursing facilities participating in the Title XIX (Medicaid) program.
Section 44-6-420. When the department Division of Health Care Financing is notified by the survey agency that a nursing home is in violation of one or more of the requirements for participation in the Medicaid program, it may take enforcement action as follows:
(1) if the nursing home is dually certified for participation in both the Medicare and Medicaid programs, the department shall coordinate any enforcement action with federal authorities and shall defer to the actions of these federal authorities to the extent required by federal statute or regulation;
(2) if the nursing home is only certified for participation in the Medicaid program and is not certified for participation in the Medicare program, the department division may take any enforcement action authorized under federal statute or regulation that would have been available for use by federal authorities if the nursing home had been dually certified;
Any enforcement actions taken solely by the department division under item (2) must be proportionate to the scope and severity of the violations and also shall take into account the factors considered by federal authorities in similar enforcement actions. Dually certified nursing homes and nursing homes only certified for participation in the Medicaid program must be subjected to comparable enforcement actions for comparable violations.
Section 44-6-470. Any use of funds collected by the department Division of Health Care Financing as a result of the imposition of civil monetary penalties or other enforcement actions must be for a purpose related to the protection of the health and property of residents of nursing homes that participate in the Medicaid program. These funds may be used for the cost of relocating residents to other nursing homes, if necessary, and also may be used to reimburse residents for personal funds lost as a result of violations of the requirements for participation in the Medicaid program by the nursing home. In addition, these funds may be used for other costs directly associated with enforcement or corrective measures at facilities found to be out of compliance with the requirements for participation in the Medicaid program or for any other purpose that enhances or improves the health and quality of life for residents. These requirements for the use of funds collected also apply to funds received by the department division that are collected as the result of enforcement actions directed by federal authorities.
Section 44-6-530. Before instituting an action under this article, the Department of Health and Human Services division shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction.
Section 44-6-540. The department Division of Health Care Financing is authorized to promulgate regulations, pursuant to the Administrative Procedures Act, to administer this article, and to ensure compliance with the requirements for participation in the Medicaid program."
SECTION 3. Section 44-6-720(B)(4)(b)(iv) and (B)(5) of the 1976 Code are amended to read:
"(iv) other deductions provided in regulations of the State Health and Human Services Finance Commission Department of Health and Human Services, Division of Health Care Financing;
(5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission division. The commission shall remit the state share of the trust to the general fund; and"
SECTION 4. Section 44-6-730 of the 1976 Code is amended to read:
"Section 44-6-730. The State Health and Human Services Finance Commission Division of Health Care Financing shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission shall amend the state Medicaid plan in a manner that is consistent with this article."
SECTION 5. Section 1-11-720 of the 1976 Code is amended to read:
"Section 1-11-720. (A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B):
(1) counties;
(2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism;
(3) county mental retardation disabilities and special needs boards funded by the State Mental Retardation Department of Disabilities and Special Needs;
(4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6;
(5) regional transportation authorities established pursuant to Chapter 25 of Title 58;
(6) alcohol and drug abuse planning agencies designated pursuant to Section 61-12-20;
(7) special purpose districts created by act of the General Assembly that provide gas, water, fire, sewer, recreation, or hospital service, or any combination of these services;
(8) municipalities;
(9) local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services;
(10) community action agencies that receive funding from the Community Services Block Grant Program administered by the Governor's Office, Division of Economic Opportunity Bureau of Social Services in the Department of Health and Human Services, Division of Human Services;
(11) a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located.
(12) the South Carolina State Employees' Association;
(13) the Palmetto State Teachers' Association;
(14) the South Carolina Education Association;
(15) the South Carolina Association of School Administrators;
(16) the South Carolina School Boards Association;
(17) the South Carolina Student Loan Corporation.
(18) legislative caucus committees as defined in Section 8-13-1300(21).
(19) soil and water conservation districts established pursuant to Title 48, Chapter 9.
(20) housing authorities as provided for in Chapter 3, Title 31;
(21) the Greenville-Spartanburg Airport District;
(22) cooperative educational service center employees.
(23) the South Carolina Sheriff's Association.
(24) the Pee Dee Regional Airport District.
(B) To be eligible to participate in the state health and dental insurance plans, the entities listed in subsection (A) shall comply with the requirements established by the State Budget and Control Board, and the benefits provided must be the same benefits provided to state and school district employees. These entities must agree to participate for a minimum of four years and the board may adjust the premiums during the coverage period based on experience. An entity which withdraws from participation may shall not subsequently rejoin during the first four years after the withdrawal date.
(C) If an entity participating in the plans pursuant to subsection (A) is delinquent in remitting proper payments to cover its obligations, the board's Office of Insurance Services shall certify the delinquency to the department or agency of the State holding funds payable to the delinquent entity, and that department or agency shall withhold from those funds an amount sufficient to satisfy the unpaid obligation and shall remit that amount to the Office of Insurance Services in satisfaction of the delinquency."
SECTION 6. Article 5, Chapter 6, Title 44 of the 1976 Code, as added by Act 59 of 2003, is amended to read:
Section 44-6-610. This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.
Section 44-6-620. For purposes of this article:
(1) 'Department Bureau' or 'Bureau for SCRIPTS Program' means the Department of Health and Human Services Bureau for South Carolina Retirees and Individuals Pooling Together for Savings Act, in the Department of Health and Human Services, Division of Health Care Financing.
(2) '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, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program created pursuant to this article.
Section 44-6-630. There is created within the Department of Health and Human Services, Division of Health Care Financing, the Bureau for South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.
Section 44-6-640. (A) This program must be administered by the Department of Health and Human Services Bureau for SCRIPTS Program. The department bureau may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) By December 30, 2003, the department bureau must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
(C) Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable.
(D) When requested by the department bureau, other state agencies shall provide assistance or information necessary for the administration of this program.
Section 44-6-650. A person eligible to participate in this program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits.
Section 44-6-660. (A) The department Bureau for SCRIPTS Program shall maintain data to allow evaluation of the cost effectiveness of the program.
(B) Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department bureau shall submit an annual report to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.
Section 44-6-670. (A) The department Bureau for SCRIPTS Program may seek waivers of any federal laws, regulations, or rules necessary to implement this program.
(B) The department bureau may promulgate regulations necessary for the administration of this program.
Section 44-6-680. The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION 1. Section 44-7-77 of the 1976 Code is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
SECTION 2. Section 44-7-84 of the 1976 Code is amended to read:
"Section 44-7-84. (A) In the annual appropriations act, the General Assembly shall establish the maximum number of Medicaid patient days for which the department is authorized to issue Medicaid nursing home permits. The State Department of Health and Human Services Division of Health Care Financing in the Department of Health and Human Services shall provide the number of Medicaid patient days available to the department within thirty days after the effective date of the annual appropriations act.
(B) Based on a method the department develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department shall determine the distribution of Medicaid patient days for which Medicaid nursing home permits can be issued. Nursing homes holding a Medicaid nursing home permit must be allocated Medicaid days based on their current allocation and available funds. Requests for days must be submitted to the department no later than June fifteenth each year. The application must state the specific number of Medicaid patient days the nursing home will provide. If a nursing home requests fewer days than the previous year, those days first must be offered to the facilities within the same county currently holding a Medicaid nursing home permit. However, if Medicaid patient days remain available after being offered to those nursing homes currently holding a Medicaid patient days permit in that county, then existing nursing homes with a restricted Certificate of Need, within the same county, may apply for a Medicaid nursing home permit to receive the Medicaid patient days remaining available. Following the initial allocation of Medicaid patient days, any additional Medicaid patient days available must be credited to a statewide pool and must be available based on the percent of need indicated by the Community Long Term Care waiting list. If a nursing home has provided fewer Medicaid patient days than allowable under the Medicaid nursing home permit program, the department may issue a Medicaid nursing home permit for fewer days than requested in order to ensure that the nursing home will serve the minimum number of Medicaid patients. If a nursing home has its Medicaid patient days reduced, the freed days first must be offered to other facilities in the same county before being offered to other nursing homes in the State. In addition, a nursing home that fails to provide at least ten percent fewer days than the number stated in its permit is not eligible to receive additional Medicaid patient days the next year. The department shall analyze the performance of nursing homes that are under the permit minimum for a fiscal year, including utilization data from the State Department of Health and Human Services Division of Health Care Financing, anticipated back days, delayed payments, CLTC waiting list, and other factors considered significant by the department division. Based on this analysis, if the department determines that the nursing home remains out of compliance, the nursing home must be fined by the same percentages as provided for in Section 44-7-90 and is subject to having its Medicaid patient days reduced. A nursing home which terminates its Medicaid contract must not be penalized for not meeting the requirements of this section if the nursing home was in compliance with its permit at the time of the cancellation. However, if the maximum number of Medicaid patient days authorized by the General Assembly is decreased, the nursing home may be required to absorb a proportionate decrease in its Medicaid patient days' allocation."
SECTION 3. Section 44-7-90(A) of the 1976 Code is amended to read:
"(A) Based on reports from the State Department of Health and Human Services Division of Health Care Financing, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:
(1) a nursing home exceeding by more than ten percent the number of Medicaid patient days stated in its permit;
(2) a nursing home failing to provide at least ten percent fewer days than the number stated in its permit;
(3) the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit."
SECTION 4. Section 44-7-130(12) of the 1976 Code is amended to read:
"(12) 'Hospital' means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy.
Hospital may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities which are licensed by the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services."
SECTION 5. Section 44-7-210(F) of the 1976 Code is amended to read:
"(F) The department may shall not issue a Certificate of Need approval for a methadone treatment facility until licensure standards are promulgated by the department, in accordance with the Administrative Procedures Act, for these facilities. The department shall convene a study group to revise and propose licensure standards for methadone clinics. The study group shall consist of representatives of the department, the Department Bureau of Alcohol and Other Drug Abuse Services, methadone providers in South Carolina, and the Medical University of South Carolina. The licensure standards shall include standards for location of these facilities within the community. Methadone treatment facilities licensed as of January 1, 1997, must not be required to obtain a Certificate of Need pursuant to this section."
SECTION 6. Section 44-7-315 of the 1976 Code is amended to read:
"Section 44-7-315. Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department of Disabilities and Special Needs must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department may shall not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant."
SECTION 7. Section 44-7-345 of the 1976 Code is amended to read:
"Section 44-7-345. Community residential care facilities licensed pursuant to this article which receive public funds, including funds appropriated in Part I of the appropriation act, directly or indirectly, including those instances where payment of an optional state supplement from the South Carolina Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services is made to a resident, their designated representative payee, or guardian, rather than directly to a facility, may shall not deny admission or services to an individual on the basis of race, color, national origin, qualified handicap, sex, or age."
SECTION 8. Section 44-7-360 of the 1976 Code is amended to read:
"Section 44-7-360. Community residential care facilities are required to furnish an item-by-item billing for all charges to the resident or the person paying the bill, upon request by the resident or person paying the bill. Items which remain unpaid are not required to be itemized again. A request for itemized billing remains in effect until further notification by the resident or person paying the bill. The provisions of this section do not apply to the contracted amount of a state agency. Any amount above the contract must be itemized accordingly. Residents receiving an optional supplement from the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services must not be charged an amount greater than that set by that department."
SECTION 9. Section 44-7-370 of the 1976 Code is amended to read:
"Section 44-7-370. (A) The South Carolina Department of Health and Environmental Control shall establish a Residential Care Committee to advise the department regarding licensing and inspection of community residential care facilities.
(1) The committee consists of the Long Term Care Director of the Office of Long Term Care Ombudsman Services in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services, three operators of homes with ten beds or less, four operators of homes with eleven beds or more, and three members to represent the department bureau appointed by the commissioner bureau chief for terms of four years.
(2) The terms must be staggered and no member may serve more than two consecutive terms. Any person may submit names to the commissioner for consideration. The advisory committee shall meet at least once annually with representatives of the department to evaluate current licensing regulations and inspection practices. Members shall serve without compensation.
(B) The Department of Health and Environmental Control shall appoint a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of renal dialysis centers. The council must be consulted and have the opportunity to review all regulations promulgated by the board affecting renal dialysis prior to submission of the proposed regulations to the General Assembly.
(1) The council is composed of a minimum of fourteen persons, one member recommended by the Palmetto Chapter of the American Nephrology Nurses Association; one member recommended by the South Carolina Chapter of the National Association of Patients on Hemodialysis and Transplants; three physicians specializing in nephrology recommended by the South Carolina Renal Physicians Association; two administrators of facilities certified for dialysis treatment or kidney transplant services; one member recommended by the South Carolina Kidney Foundation; one member recommended by the South Carolina Hospital Association; one member recommended by the South Carolina Medical Association; one member of the general public; one member representing technicians working in renal dialysis facilities; one member recommended by the Council of Nephrology Social Workers; and one member recommended by the Council of Renal Nutritionists. The directors of dialysis programs at the Medical School of the University of South Carolina and the Medical University of South Carolina, or their designees, are ex officio members of the council.
(2) Members shall serve four-year terms and until their successors are appointed and qualify. No member of council shall serve more than two consecutive terms. The council shall meet as frequently as the board considers necessary, but not less than twice each year. Members shall serve without compensation."
SECTION 10. Section 44-31-610 of the 1976 Code is amended to read:
"Section 44-31-610. There is hereby created the Tuberculosis Control Advisory Committee to be appointed by the Governor, upon the recommendation of the Department of Health and Environmental Control.
The Committee committee shall consist of six five members who shall serve for terms of two years and until their successors are appointed and qualify. The present chairman of the South Carolina Sanatorium Board shall be appointed as an original member of the Committee.
The other five members shall consist of: two practicing physicians (one from the South Carolina Thoracic Society and one from the South Carolina Medical Association); one representative from the South Carolina Department Bureau of Social Services in the Department of Health and Human Services; one representative from the South Carolina Vocational Rehabilitation Department; and one representative from the South Carolina Tuberculosis Association.
The Committee committee shall advise the Department of Health and Environmental Control Bureau of Health Programs in all matters relating to the control, prevention, and treatment of tuberculosis and chronic respiratory diseases."
SECTION 11. The definition of 'Commission' in Section 44-53-110 of the 1976 Code is amended to read:
"'Commission Bureau' means the South Carolina Commission on Bureau of Alcohol and Drug Abuse."
SECTION 12. Section 44-53-310(b) of the 1976 Code is amended to read:
"(b) The department may place a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department Bureau of Mental Health, Department of Health and Human Services, Division of Behavioral Health Services to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."
SECTION 13. Section 44-53-450(a) of the 1976 Code is amended to read:
"(a) Whenever any person who has not previously been convicted of any offense under this article or any offense under any State or Federal statute relating to marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under Section 44-53-370 (c) and (d), except narcotic drugs classified in Schedule I (b) and (c) and narcotic drugs classified in Schedule II, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that such person cooperate in a treatment and rehabilitation program of a State-supported facility or a facility approved by the Commission Bureau of Alcohol and Other Drug Abuse Services, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record shall be forwarded to and retained by the Department of Narcotic and Dangerous Drugs under the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this article. Discharge and dismissal under this section may occur only once with respect to any person."
SECTION 14. Section 44-53-480(a) of the 1976 Code is amended to read:
"(a) The South Carolina Law Enforcement Division shall establish within its Division a Department of Narcotics and Dangerous Drugs, which shall be administered by a director and shall be primarily responsible for the enforcement of all laws pertaining to illicit traffic in controlled and counterfeit substances. The Department of Narcotics and Dangerous Drugs, in discharging its responsibilities concerning illicit traffic in narcotics and dangerous substances and in suppressing the abuse of controlled substances, shall enforce the State plan formulated in cooperation with the Narcotics and Controlled Substance Section as such plan relates to illicit traffic in controlled and counterfeit substances.
As part of its duties the Department of Narcotics and Dangerous Drugs shall:
(1) Assist the Commission on Bureau of Alcohol and Other Drug Abuse Services in the exchange of information between itself and governmental and local law-enforcement officials concerning illicit traffic in and use and abuse of controlled substances.
(2) Assist the Commission Bureau of Alcohol and Other Drug Abuse Services in planning and coordinating training programs on law enforcement for controlled substances at the local and State level.
(3) Establish a centralized unit which shall accept, catalogue, file and collect statistics and make such information available for Federal, State and local law-enforcement purposes.
(4) Have the authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses."
SECTION 15. Section 44-53-490 of the 1976 Code is amended to read:
"Section 44-53-490. The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such inspectors shall, from time to time, but no less than once every three years, inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the department and a copy to the Commission on Bureau of Alcohol and Other Drug Abuse Services specifying the name of the practitioner or the registrant or such exempt persons inspected, the date of inspection and any other violations of this article. The department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the department by this article."
SECTION 16. Section 44-53-500(b) of the 1976 Code is amended to read:
"(b) The Department of Health and Environmental Control is authorized to make administrative inspections of controlled premises in accordance with the following provisions:
(1) For the purposes of this article only, 'controlled premises' means:
(a) Places where persons registered or exempted from registration requirements under this article are required to keep records, and
(b) Places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this article are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
(2) When so authorized by an administrative inspection warrant issued pursuant to this section an officer or employee designated by the Commission on Bureau of Alcohol and Other Drug Abuse Services upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When so authorized by an administrative inspection warrant, an officer or employee designated by the department may:
(a) Inspect and copy records required by this article to be kept;
(b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein including records, files, papers, processes, controls, and facilities bearing on violation of this article; and
(c) Inventory any stock of any controlled substance therein and obtain samples of any such substance.
(4) This section shall not be construed to prevent entries and administrative inspections (including seizures of property) without a warrant:
(a) With the consent of the owner, operator or agent in charge of the controlled premises;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and
(e) In all other situations where a warrant is not constitutionally required.
(5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:
(a) Financial data;
(b) Sales data other than shipment data;
(c) Pricing data;
(d) Personnel data; or
(e) Research data."
SECTION 17. Section 44-61-30(c) of the 1976 Code is amended to read:
"(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Management Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board for Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services (Division of Health Care Financing), four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."
SECTION 18. Section 44-63-60 of the 1976 Code is amended to read:
"Section 44-63-60. The State Registrar, upon application by those entitled pursuant to Section 44-63-80, 44-63-82, 44-63-84, or 44-63-86, shall furnish a certificate under the seal of the department showing data from the records of births, deaths, marriages, and divorces registered with the department or a certified copy under seal of such records. Federal, state, local, and other public or private agencies must be furnished copies or data for statistical, health, or legal purposes upon such terms or conditions as prescribed by the state registrar except that upon request the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services or its designee must be provided at no charge with a copy or certified copy of a certificate for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation."
SECTION 19. Section 44-63-84 of the 1976 Code is amended to read:
"Section 44-63-84. Copies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Upon request, the Department Bureau of Social Services or its designee must be provided with copies or certified copies of death certificates for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right. Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his possession, except that the Department Bureau of Social Services or its designee may shall not be charged this fee.
When fifty years have elapsed after the date of death, these records must be made available in photographic or other suitable format for public viewing."
SECTION 20. Section 44-63-86 of the 1976 Code is amended to read:
"Section 44-63-86. Copies of marriage certificates and reports of divorce registered with the Department of Health and Environmental Control must be issued to the parties married or divorced, their adult children, a present or former spouse of either party married or divorced, their respective legal representative, or upon request to the Department Bureau of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Other applicants may be provided with a statement that the marriage or divorce occurred, the date, and county of the event."
SECTION 21. Section 44-63-110 of the 1976 Code is amended to read:
"Section 44-63-110. For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90 or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of the Department of Health and Environmental Control must be paid by the applicant, except that the Department Bureau of Social Services or its designee is not required to pay a fee when the information is needed for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The amount of the fee established by the board may shall not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. When verification of the facts contained in these records is needed for Veterans Administration purposes in connection with a claim, it must be furnished without charge to the Veterans Affairs Division of the Governor's Office or to a county veterans affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter."
SECTION 22. Section 44-63-20 of the 1976 Code is amended to read:
"Section 44-36-20. (A) The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, a representative of:
(1) South Carolina Alzheimer's Association chapters;
(2) American Association of Retired Persons, South Carolina Chapters;
(3) Clemson University;
(4) Department of Disabilities and Special Needs;
(5) Department of Health and Environmental Control;
(6) Department Bureau of Mental Health in the Division of Behavioral Health Services, Department of Health and Human Services;
(7) Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services;
(8) Division of Health Care Financing, Department of Health and Human Services;
(9) Medical University of South Carolina;
(10) National Association of Social Workers, South Carolina Chapter;
(11) South Carolina Adult Day Care Association;
(12) South Carolina Association of Area Agencies on Aging;
(13) South Carolina Association of Council on Aging Directors;
(14) South Carolina Association of Nonprofit Homes for the Aging;
(15) South Carolina Association of Residential Care Homes;
(16) South Carolina Health Care Association;
(17) South Carolina Home Care Association;
(18) South Carolina Hospital Association;
(19) South Carolina Medical Association;
(20) South Carolina Nurses' Association;
(21) Alzheimer's Disease and Related Disorders Resource Coordination Center, Office of the Governor, Division on Aging Office on Aging in the Department of Health and Human Services, Bureau of Senior and Adult Protection Services;
(22) University of South Carolina;
(23) South Carolina State University.
(B) The advisory committee shall assist the registry in:
(1) defining the population to be included in the registry including, but not limited to, establishing criteria for identifying patient subjects;
(2) developing procedures and forms for collecting, recording, analyzing, and disseminating data;
(3) developing protocols and procedures to be disseminated to and used by health care providers in identifying subjects for the registry;
(4) developing procedures for approving research projects or participation in research projects.
(C) Members of the advisory committee are not entitled to mileage, per diem, subsistence, or any other form of compensation."
SECTION 23. Section 44-36-50 of the 1976 Code is amended to read:
"Section 44-36-50. The registry shall submit an annual report to the Office on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center of the Governor, Division in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center, the Department of Health and Environmental Control, and the Budget and Control Board, Division of Research and Statistics, Health Statistics."
SECTION 24. Section 44-36-330 of the 1976 Code is amended to read:
"Section 44-36-330. (A) The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Governor including, but not limited to, representatives of:
(1) Alzheimer's Association Chapters;
(2) American Association of Retired Persons;
(3) Clemson University;
(4) Department of Disabilities and Special Needs;
(5) Department of Health and Environmental Control;
(6) Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services;
(7) Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services;
(8) Division of Health Care Financing, Department of Health and Human Services.;
(9) Medical University of South Carolina;
(10) National Association of Social Workers, South Carolina Chapter;
(11) South Carolina Adult Day Care Association;
(12) South Carolina Association of Area Agencies on Aging;
(13) South Carolina Association of Council on Aging Directors;
(14) South Carolina Association of Nonprofit Homes for the Aging;
(15) South Carolina Association of Residential Care Homes;
(16) South Carolina Health Care Association;
(17) South Carolina Home Care Association;
(18) South Carolina Hospital Association;
(19) South Carolina Medical Association;
(20) South Carolina Nurses' Association;
(21) Statewide Alzheimer's Disease and Related Disorders Registry;
(22) University of South Carolina;
(23) South Carolina State University.
(B) Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation."
SECTION 25. Section 44-37-40(G) of the 1976 Code is amended to read:
"(G) The department and the Department of Health and Human Services Division of Health Care Financing, Department of Health and Human Services shall establish procedures for providing reimbursement for expenses incurred by entities providing newborn hearing screenings under this section."
SECTION 26. Section 44-40-60 of the 1976 Code is amended to read:
"Section 44-40-60. With the cooperation of the Department of Health and Environmental Control and the Department of Veterans Affairs Division, Office of the Governor, the council:
(1) shall make an annual report to the General Assembly containing:
(a) a comprehensive review and summary analysis of the scientific literature on the effects of exposure to chemical agents, including Agent Orange;
(b) a summary of the activities undertaken to inform and assist veterans who may have been exposed to chemical agents, including Agent Orange;
(c) a description and interpretation of the results of any study undertaken pursuant to this chapter;
(d) other comments or recommendations the council considers appropriate.
(2) may hold hearings consistent with the purposes of this chapter.
To assist it in carrying out these functions, the council may contract for an evaluation of the performance of the Department of Health and Environmental Control and the Department Director of Veterans Affairs Division, Office of the Governor, in implementing this chapter and may contract for the compilation and editing of the annual report."
SECTION 27. Section 44-41-32 of the 1976 Code is amended to read:
"Section 44-41-32. Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1). In seeking this relief the following procedures apply:
(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.
(2) The Office of Adoption and Birth Parent Services Division of in the Department of Social Services, Health and Human Services, Division of Human Services, Bureau of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department Bureau of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance.
(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.
(4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.
(5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor."
SECTION 28. Section 44-41-37 of the 1976 Code is amended to read:
"Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1).
The Office of Adoption and Birth Parent Services Division of in the Department of Health and Human Services, Division of Human Services, Bureau of Social Services, shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following:
(1) how to access her local health department for prenatal care;
(2) how to access her local Adoption and Birth Parent Services Division Office of the Department Bureau of Social Services or any private not for profit adoption service;
(3) the parental consent requirement as outlined in this bill;
(4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and
(5) how to access her local mental health center for counseling services."
SECTION 29. Section 44-128-50 of the 1976 Code is amended to read:
"Section 44-128-50. (A) There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department in the development, implementation, and evaluation of the State Youth Smoking Plan.
(B) Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows:
(1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;
(2) two members appointed by the President Pro Tempore of the Senate from the membership of the Senate; and
(3) eleven members appointed by the Governor as follows:
(a) one representative of the Department of Health and Environmental Control;
(b) one representative of the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services;
(c) three health professionals;
(d) two youths between the ages of twelve and eighteen; and
(e) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise."
SECTION 30. Section 44-11-10 of the 1976 Code is amended to read:
"Section 44-11-10. The following facilities shall continue in existence and shall be maintained for the following purposes:
(1) those inpatient facilities as authorized by the Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, and facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and
(2) the mental health clinics for the diagnosis, treatment, and prevention of mental illness."
SECTION 31. Section 44-11-30 of the 1976 Code is amended to read:
"Section 44-11-30. The Bureau of Long-term Care Facilities in the Department of Health and Human Services, Division of Behavioral Health Services, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department of Mental Health Bureau of Long-term Care Facilities. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Mental Health Commission Bureau of Long-term Care Facilities is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Mental Health Commission Bureau of Long-term Care Facilities shall consult with the Division of Veterans Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes."
SECTION 32. Section 44-11-60 of the 1976 Code is amended to read:
"Section 44-11-60. The Bureau of Mental Health Commission shall establish mental health clinics throughout the State and shall supervise them."
SECTION 33. Section 44-11-70 of the 1976 Code is amended to read:
"Section 44-11-70. The Bureau of Mental Health Commission and the Bureau of Long-term Care Facilities may authorize the superintendents to employ suitable persons to act as marshals to keep intruders off and prevent trespass upon state mental health facilities. The marshals employed, in so far as State state mental health facilities are concerned, shall be vested with all the powers and charged with all the duties of police officers generally. They may eject trespassers. They may without warrant arrest persons guilty of disorderly conduct or of trespass on State state mental health facilities and have them tried in any court of competent jurisdiction."
SECTION 34. Section 44-11-80 of the 1976 Code is amended to read:
"Section 44-11-80. The Bureau of Mental Health Commission and the Bureau of Long-term Care Facilities shall fix the amount of the salaries or emoluments of all officers and employees of State their respective state mental health facilities."
SECTION 35. Article 19, Chapter 13, Title 24 of the 1976 Code is amended to read:
Section 24-13-1910. There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least seven hundred fifty beds. The centers established under this section must be fully operational by January 1, 1997.
Section 24-13-1920. The Department Bureau of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a center for alcohol and drug rehabilitation established pursuant to Section 24-13-1910. The Department Bureau of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.
Section 24-13-1930. A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a center for alcohol and drug rehabilitation. The Department of Corrections, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the center for alcohol and drug rehabilitation.
Section 24-13-1940. For the Department of Corrections to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Bureau of Alcohol and Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the center for alcohol and drug rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a center for alcohol and drug rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a center for alcohol and drug rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a center for alcohol and drug rehabilitation.
Section 24-13-1950. Upon release from a center for alcohol and drug rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender."
SECTION 36. Chapter 49, Title 44 of the 1976 Code is amended to read:
Section 44-49-10. (A) There is established the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services. The department bureau shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse and shall have full authority for formulating, coordinating, and administering the state plans for controlling narcotics and controlled substances and alcohol abuse.
(B) All functions, powers, and duties of the commissioner of the narcotics and controlled substances section of the State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department bureau, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.
(C) All rules and regulations promulgated by the commissioner of narcotics and controlled substances shall remain in effect until changed by the department.
(D) The department bureau is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).
(E) The department bureau is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department bureau to agencies designated under Section 61-12-20(a).
Section 44-49-20. The Department Bureau of Alcohol and Other Drug Abuse Services shall be headed by a Director bureau chief appointed by the Governor, upon the advice and consent of the Senate Undersecretary of the Division of Behavioral Health Services. The director bureau chief is subject to removal by the Governor pursuant to the provisions of Section 1-3-240 undersecretary.
Section 44-49-40. (A) The department Bureau of Alcohol and Other Drug Abuse Services shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.
(B) Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such department, may be relied upon and acted upon by the department bureau in conformance with its administration and coordinating duties under this Chapter and Article 3 of Chapter 53.
(C)(1) The department bureau shall: Plan plan, coordinate, and cooperate in educational programs for schools, communities and general public designed to prevent and deter misuse and abuse of controlled substances;
(2) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(3) Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(4) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(5) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(6) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;
(7) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances;
(8) Encourage research on misuse and abuse of controlled substances;
(9) Cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;
(10) Cooperate in making studies and in undertaking programs of research to
(a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40 and 44-49-50 and Article 3 of Chapter 53;
(b) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances.
(D) The department bureau may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.
(E) The department bureau may enter into contracts for educational and research activities without performance bonds.
(F) The department bureau is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department bureau. The department bureau is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.
Section 44-49-50. It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department Bureau of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.
Section 44-49-60. The department Bureau of Alcohol and Other Drug Abuse Services shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem.
In carrying out the provisions of this section the department bureau and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department Bureau of Mental Health, Department of Health and Human Services, Division of Behavioral Health Services, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.
Section 44-49-70. The department Bureau of Alcohol and Other Drug Abuse Services shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.
Section 44-49-80. The department Bureau of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department bureau shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Alcohol and Other Drug Abuse Services bureau from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct."
SECTION 37. Section 56-5-2990 of the 1976 Code is amended to read:
"Section 56-5-2990. (A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
(B) A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment.
(C) The Department Bureau of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may shall not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. No applicant may be denied services due to an inability to pay. Inability to pay for services may shall not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant has successfully completed services. The Department Bureau of Alcohol and Other Drug Abuse Services will report annually to the House Ways and Means Committee and Senate Finance Committee on the number of first and multiple offenders completing the Alcohol and Drug Safety Action Program, the amount of fees collected and expenses incurred by each Alcohol and Drug Safety Action Program, and the number of community service hours performed in lieu of payment.
(D) If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department Bureau of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may shall not be endangered.
(E) The department and the Department Bureau of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. If the drivers license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.
(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
SECTION 38. Section 17-24-40(F) of the 1976 Code is amended to read:
"(F) If a person is committed to the supervision of the Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may shall not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."
SECTION 39. Chapter 9, Title 44 of the 1976 Code is amended to read:
Section 44-9-10. There is hereby created the State Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services which shall have jurisdiction over all of the State's mental hospitals, clinics and centers, joint State and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.
Section 44-9-20. All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department Bureau of Mental Health. All records, files and other papers belonging to the South Carolina Mental Health Commission shall be continued as part of the records and files of the Department Bureau of Mental Health.
Section 44-9-30. (A)(1) There is created the governing advisory board for the State Department Bureau of Mental Health known as the South Carolina Mental Health Commission Advisory Board. The commission advisory board consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows:
(a) one member from each of the six congressional districts;
(b) one member from the State at large.
(2) The Governor shall consider consumer and family representation when appointing members.
(B) The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240(B). A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The commission shall determine advisory board shall advise the bureau regarding policies and promulgate regulations governing the operation of the Department bureau and the employment of professional and staff personnel.
(D) The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 44-9-40. The Mental Health Commission Undersecretary of the Division of Behavioral Health Services in the Department of Health and Human Services, shall appoint and remove a State Director of Mental Health Bureau Chief, who is the chief executive of the State Department Bureau of Mental Health. Subject to the supervision and control of the Mental Health Commission Undersecretary of the Division of Behavioral Health Services in the Department of Health and Human Services, the state director Bureau Chief shall administer the policies and regulations established by the commission of the bureau. The director Bureau Chief must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director Bureau Chief must appoint and remove all other officers and employees of the Department Bureau of Mental Health, subject to the approval of the Mental Health Commission Undersecretary.
Section 44-9-50. The Department Bureau of Mental Health may be divided into such divisions as may be authorized by the Director of Mental Health and approved by the commission program areas. These divisions program areas may be headed by deputy commissioners directors, but any deputy commissioner director heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions program areas shall be a Division on the Alcohol and Drug Addiction Program which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions program areas shall be a Division for the Long-Term Care Program which shall have primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private.
Section 44-9-60. The Director Bureau Chief of the Department Bureau of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission. Each superintendent shall be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the Department Bureau of Mental Health shall be responsible for the employment of all personnel at the institution, subject to the approval of the director of the department Bureau Chief of the Bureau. The director Bureau Chief may serve as superintendent of one or more hospitals or other mental health facilities.
Section 44-9-70. The State Department Bureau of Mental Health is hereby designated as the State's mental health authority for purposes of administering Federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended. The State Department Bureau of Mental Health is further designated as the State agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in Federal-State grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that However, nothing in this article shall be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing Nothing herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code of Laws and amendments thereto.
Section 44-9-80. Payments made to a mental health facility which are derived in whole or in part from Federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State Department Bureau of Mental Health to improve South Carolina's comprehensive mental health program.
Section 44-9-90. The Commission Bureau of Mental Health shall have the following rights, powers and duties:
(1) It shall form a body corporate in deed and in law with all the powers incident to corporations;
(2) It shall cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined therein because of emergency;
(3) It shall inaugurate and maintain an appropriate mental health education and public relations program;
(4) It shall collect statistics bearing on mental illness, drug addiction, and alcoholism, as well as study the cause, pathology, and prevention of mental defects and diseases;
(5) It shall provide moral and vocational training and medical and surgical treatment which will tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, mental defectiveness, epilepsy, drug addiction and alcoholism; and
(6) It shall encourage the superintendents of institutions and their medical staffs in the investigation and study of these subjects and of mental hygiene in general; and
(7) It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce and prevent mental illness and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction and alcoholism for citizens of this State, whether or not in an institution. The system shall include services to prevent or postpone the commitment or recommitment of citizens to mental health institutions.
Section 44-9-100. The commission Bureau of Mental Health may:
(1) prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52;
(2) require reports from the superintendent of an institution relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;
(3) investigate complaints made by a patient or by a person on behalf of a patient;
(4) adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, psychotic senile, drug addicted, or alcoholic;
(5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.
Section 44-9-110. The Mental Health Commission may accept on behalf of the Department Bureau of Mental Health may accept on its own behalf or on behalf of any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the Department bureau. The Commission bureau may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The Commission bureau may promulgate rules and regulations governing the disposition of such gifts and grants.
Section 44-9-120. With the approval of the Secretary of the Department of Health and Human Services, The Commission the Bureau of Mental Health shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its activities, the financial affairs and the state and condition of the State mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which in the opinion of the Commission bureau will improve the mental health program services of the State. A copy of the report shall also be submitted to the General Assembly.
Section 44-9-160. Wherever in the 1976 Code reference is made to the State Hospital, it shall mean means a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean means the superintendent or his designee; wherever reference is made to the Department of Mental Health it means the Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services; and wherever reference is made to the State Commissioner of Mental Health, it shall mean means the State Director Bureau Chief of the Department Bureau of Mental Health."
SECTION 40. Chapter 13, Title 44 of the 1976 Code is amended to read:
Section 44-13-10. Pending his removal to a State mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home or any other suitable facility under such reasonable conditions as the county governing body, supervisor or manager may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical establishment used for the detention of individuals charged with or convicted of penal offenses. The county governing body, supervisor or manager shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained under this section.
Section 44-13-20. Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services prior to the issuance by the Department Bureau of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident.
Section 44-13-30. Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Department Bureau of Mental Health, and the Department Bureau of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Department Bureau of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department Bureau of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department Bureau of Mental Health shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Department Bureau of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.
Section 44-13-40. If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Department Bureau of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed and the name of the transporting company. The Department Bureau of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation.
Section 44-13-50. If a mentally ill patient from an out-of-State mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public officials and transported directly to the out-of-State facility or may be detained in a State mental health facility until such time as transportation arrangements can be made or the patient's health will permit his return. The state requesting the return of the patient shall pay all costs of, and incidental to, the transportation and detention of the patient.
Section 44-13-60. The Department Bureau of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Department Bureau of Mental Health, the family, guardian, trustee, committee or other person legally responsible for the person is financially able to provide for his care, it shall, when in the opinion of the Department Bureau of Mental Health this is advisable, transfer the patient or trainee to the custody of that person. If all persons legally responsible for the patient or trainee are financially unable to provide for his care, the Department Bureau of Mental Health shall, when practicable, transfer the custody of the person to the county health authorities of the county of which the patient or trainee was a resident prior to admittance.
Section 44-13-70. The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52."
SECTION 41. Chapter 17, Title 44 of the 1976 Code is amended by adding:
"Section 44-17-305. For the purposes of this Chapter, 'Bureau of Mental Health' means the Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services."
SECTION 42. The fifth unnumbered paragraph of Section 44-17-410 of the 1976 Code is amended to read:
"If the report of the designated examiners is that the patient is not mentally ill to the extent that involuntary treatment is required and reasons have been set forth in the report, the court shall dismiss the petition and the patient must be discharged immediately by the facility unless the designated examiners report that the patient is a chemically dependent person in need of emergency commitment and that procedures have been initiated pursuant to Section 44-52-50. In which case, emergency commitment procedures must be complied with in accordance with Chapter 52, and the facility shall transfer the patient to an appropriate treatment facility as defined by Section 44-52-10, provided that confirmation has been obtained from the facility that a bed is available; transportation must be provided by the department Bureau of Mental Health."
SECTION 43. Sections 44-17-450 and 14-17-460 of the 1976 Code are amended to read:
"Section 44-17-450. The Department Bureau of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local resources for mentally ill persons. The preadmission screening services must act as the public mental health system's entry point in order (1) to provide to the examining physician information about accessible crisis intervention, evaluation, and referral services in the community; (2) to offer to mentally ill persons clinically appropriate alternatives to inpatient care, if any; and when necessary (3) to provide a means for involuntary commitment.
Section 44-17-460. Prior to the emergency admission of any person to a psychiatric facility of the Department Bureau of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.
The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission of the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section."
SECTION 44. Section 44-17-580(2) of the 1976 Code is amended to read:
"(2) there is a likelihood of serious harm to himself or others, it shall order in-patient or out-patient treatment at a mental health facility, public or private, designated or licensed by the Department Bureau of Mental Health. If the court finds that he is not mentally ill and not in need of involuntary treatment, it shall dismiss the proceedings."
SECTION 45. Sections 44-17-860, 44-17-865, and 44-17-870 of the 1976 Code are amended to read:
"Section 44-17-860. It shall be is unlawful for any person, without prior authorization from the patient's attending physician, to take or cause to be taken any patient away from the grounds of any facility under the jurisdiction of the Department Bureau of Mental Health. Any person violating the provisions of this section shall be fined in a sum of not more than one thousand dollars or imprisoned for not exceeding one year, or both.
Section 44-17-865. If any person involuntarily committed to a facility under the jurisdiction of the Department Bureau of Mental Health is absent without proper authorization, the Department bureau shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered.
Section 44-17-870. If a patient involuntarily committed to a facility under the jurisdiction of the State Department Bureau of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department bureau appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the department bureau. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department bureau for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the department bureau pursuant to Chapter 24, Title 17."
SECTION 46. Chapter 22, Title 44 of the 1976 Code is amended to read:
Section 44-22-10. As used in this chapter:
(1) [Reserved]
(2) 'Director Bureau Chief' means the Director Bureau Chief of the Department Bureau of Mental Health.
(3) 'Court' means probate court.
(4) 'Department' 'Bureau' means the State Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services.
(5) 'Facility' means a residential program operated by the Department bureau.
(6) 'Independent examination' means an examination of a patient by a qualified employee of the Department bureau.
(7) 'Individual plan of treatment' means a plan written by a multi-disciplinary team setting forth measurable goals and objectives in prescribing an integrated program of individual designed activities or therapies necessary to achieve the goals and objectives.
(8) 'Major medical treatment' means a medical, surgical, or diagnostic intervention or procedure where a general anesthetic is used or which involves significant invasions of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include a routine diagnosis or treatment such as the administration of medications or nutrition or the extraction of bodily fluids for analysis, dental care performed with local anesthetic, procedures which are provided under emergency circumstances, or the withdrawal or discontinuance of medical treatment which is sustaining life functions.
(9) 'Mental disability' means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable, which reasonably is expected to limit the person's functional ability.
(10) 'Multi-disciplinary team' means persons drawn from or representing the professional disciplines or service areas included in the treatment plan.
(11) 'Patient' means an individual undergoing treatment in the Department Bureau of Mental Health; however, the term does not include a person committed to the Department Bureau of Mental Health pursuant to Chapter 48 of Title 44.
(12) 'Patient unable to consent' means a patient unable to appreciate the nature and implications of his condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include a person under eighteen years of age, and this chapter does not affect the delivery of health care to that person unless he is married or has been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for his care if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to his health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration.
(13) 'Reasonably available' means that a person to be contacted may be contacted with diligent efforts by the attending physician or another person acting on behalf of the attending physician.
(14) 'Treatment' means the attempted correction or facilitation of a mental illness or alcohol and drug abuse.
Section 44-22-20. Patients have the right to the writ of habeas corpus.
Section 44-22-30. Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the Department Bureau of Mental Health pursuant to Sections 44-17-530 and 44-52-110.
Section 44-22-40. (A) A patient in need of electro-convulsive therapy or major medical treatment must be examined by a qualified physician to determine if the patient is able to consent to electro-convulsive therapy or major medical treatment. Where a patient is determined unable to consent to surgery or electro-convulsive therapy or major medical therapy or treatment, decisions concerning the need for treatment may be made by the following persons in the following order of priority:
(1) a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;
(2) an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;
(3) a person given priority to make health care decisions for the patient by another statutory provision;
(4) a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement;
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(5) a parent of the patient or child eighteen years of age or older of the patient;
(6) a sibling or grandchild eighteen years of age or older of the patient or grandparent of the patient;
(7) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient;
(8) a person given authority to make health care decisions for the patient by another statutory provision.
(B) If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or another person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.
(C) Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-22-10(6).
(D) An attending physician or other health care professional responsible for the care of a patient who is unable to consent may shall not give priority or authority under subsection (A)(5) through (8) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.
(E) This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.
(F) This section does not affect the application of the Adult Health Care Consent Act, Sections 44-66-10 through 44-66-80, to a patient in need of health care.
Section 44-22-50. (A) A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(B) Persons who operate facilities of the Department Bureau of Mental Health shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The Department Bureau of Mental Health and the Department Bureau of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient.
(C) In cases of emergency admissions, when the least restrictive setting is not available, patients must be admitted to the nearest appropriate facility until the patient may be moved to the least restrictive setting.
(D) No patient may remain at a level of care that is more expensive and restrictive than is warranted to meet his needs when the appropriate setting is available.
(E) Patients have a right to the least restrictive conditions necessary to achieve the purposes of treatment. The facility shall make every attempt to move residents from:
(1) more to less structured living;
(2) larger to smaller facilities;
(3) larger to smaller living units;
(4) group to individual residences;
(5) segregated from the community to integrated into the community living;
(6) dependent to independent living.
Section 44-22-60. (A) Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility.
(B) Within six hours of admission a patient must be examined by a physician. Within fourteen days of admission, a patient or his parent or guardian must be provided with a written individualized plan of treatment formulated by a multi-disciplinary team and the patient's attending physician. Each patient or his parent or guardian shall participate in an appropriate manner in the planning of services. An interim treatment program based on the preadmission evaluation of the patient must be implemented promptly upon admission. An individualized treatment plan must contain:
(1) a statement of the nature and degree of the patient's mental illness or chemical dependency and his needs;
(2) if a physical examination has been conducted, the patient's physical condition;
(3) a description of intermediate and long-range treatment goals and, if possible, future available services;
(4) criteria for release to a less restrictive environment, including criteria for discharge and a description of services that may be needed after discharge;
(5) a statement as to whether or not the patient may be permitted outdoors on a daily basis and, if not, the reasons why. Treatment plans must be updated upon periodic review as provided in Section 44-22-70.
Section 44-22-70. (A) The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care facilities the plan must be reviewed every ninety days. This section does not prohibit review of the plan on a more frequent basis.
(B) After review by the attending physician or multi-disciplinary team, if the results of the examination determine the conditions justifying confinement no longer exist, a notice of intent to discharge must be made immediately to the probate judge having jurisdiction. Notice must be given before discharge to a person who has made a written request to be notified.
(C) For patients committed after a hearing by the probate court for the involuntary inpatient treatment for mental illness or chemical dependency, an appropriate and comprehensive discharge plan must be developed. Planning for a patient's discharge must begin within seventy-two hours of admission, must include input from the patient, and must address community treatment, financial resources, and housing. The facility and community treatment staff must be involved in developing the discharge plan. Representatives of all entities which provide services pursuant to the plan must be consulted and informed about the plan. Based on available resources, the Department Bureau of Mental Health shall make every effort to implement the discharge plan when the patient, in the opinion of the multi-disciplinary team, is ready for discharge.
Section 44-22-80. Unless a patient has been adjudicated incompetent, no patient may be denied the right to:
(1) dispose of property, real and personal;
(2) execute instruments;
(3) make purchases;
(4) enter into contractual relationships;
(5) hold a driver's license;
(6) marry or divorce;
(7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with Department Bureau of Mental Health facilities reasonably shall assist patients who express a desire to vote to:
(a) obtain voter registration forms, applications for absentee ballots, and absentee ballots;
(b) comply with other requirements which are prerequisite for voting;
(c) vote by absentee ballot if necessary.
Section 44-22-90. (A) Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows:
(1) communications between facility staff so long as the information is provided on a 'need-to-know' basis;
(2) in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness;
(3) in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others;
(4) information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition;
(5) in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected;
(6) when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure;
(7) as otherwise authorized or permitted to be disclosed by statute.
(B) This does not preclude prohibit disclosure of information to the Governor's Ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.
Section 44-22-100. (A) Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought must be kept confidential and must not be disclosed unless:
(1) the individual identified or his guardian consents;
(2) a court directs that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;
(3) disclosure is required for research conducted or authorized by the Department Bureau of Mental Health or the Department Bureau of Alcohol and Other Drug Abuse Services and with the consent of the patient;
(4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family; or
(5) disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title.
(B) Nothing in this section:
(1) precludes prohibits disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of his family, or the Governor's Ombudsman office; or
(2) requires the release of records of which disclosure is prohibited or regulated by federal law.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.
Section 44-22-110. (A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.
(B) Patients or guardians of patients may be refused access to:
(1) information in medical records provided by a third party under assurance that the information remains confidential;
(2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.
(C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department Bureau of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.
Section 44-22-120. (A) Except to the extent the director of the facility determines it is required by the medical needs or safety of the patient to impose restrictions, a patient may:
(1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, and envelopes must be provided. Reasonable access to telephones including funds or means in which to use telephones must be provided. The head of a residential program determines what constitutes reasonable access;
(2) receive visitors including unrestricted visits by legal counsel, private physicians, or members of the clergy or an advocate of the South Carolina Protection and Advocacy System for the Handicapped, Inc., if the visits take place at reasonable hours or by appointment, or both. Each facility must have a designated area where patients and visitors may speak privately if they desire;
(3) wear his own clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his own money, and keep and use his own personal possessions including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental health professional to be dangerous or otherwise inappropriate to the treatment regimen. If clothing is provided by the facility, patients may select from neat, clean, seasonal clothing that allows the patient to appear normal in the community. To the extent staff determines a patient is able and willing to care for and maintain the patient's own clothing, the patient must be assisted in maintaining this clothing during the patient's stay in the facility;
(4) have access to secure individual storage space for his private use. Personal property of a patient brought into the hospital and placed in storage by the hospital must be inventoried. Receipts must be given to the patient and at least one other interested person. The personal property may be reclaimed only by the patient, his spouse, or his parent or guardian as long as he is living unless otherwise ordered by the court. If property belonging to a patient is not reclaimed within ninety days following the patient's discharge or death, the property may be utilized by the Department Bureau of Mental Health for the benefit of other patients or programs ten days after written notice is sent to the individual or the individual's family at the last known address;
(5) follow religious practices. Religious practices may be prohibited by the facility director if they lead to physical harm to the patient or to others, harassment of other patients, or damage to property.
(B) All limitations imposed by the director of a residential program on the exercise of these rights by the patient and the reasons for the limitations must be made part of the clinical record of the patient. These limitations are valid for no more than thirty days.
Section 44-22-130. Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness.
Section 44-22-140. (A) The attending physician or the physician on call, or both, are responsible for and shall authorize medications and treatment given or administered to a patient. The attending physician's authorization and the medical reasons for it must be entered into the patient's clinical record. The authorization is not valid for more than ninety days. Medication must not be used as punishment, for the convenience of staff, or as a substitute to or in quantities that interfere with the patient's treatment program. The patient or his legal guardian may refuse treatment not recognized as standard psychiatric treatment. He may refuse electro-convulsive therapy, aversive reinforcement conditioning, or other unusual or hazardous treatment procedures. If the attending physician or the physician on call decides electro-convulsive therapy is necessary and a statement of the reasons for electro-convulsive therapy is entered in the treatment record of a patient who is considered unable to consent pursuant to Section 44-22-10(13), permission for the treatment may be given in writing by the persons in order of priority specified in Section 44-22-40(A)(1-8).
(B) Competent patients may shall not receive treatment or medication in the absence of their express and informed consent in writing except treatment:
(1) during an emergency situation if the treatment is pursuant to or documented contemporaneously by written order of a physician; or
(2) as permitted under applicable law for a person committed by a court to a treatment program or facility.
Section 44-22-150. (A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.
(B) Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.
(C) 'Restraint' shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.
Section 44-22-160. (A) Each patient may refuse nontherapeutic employment within the facility. The Department Bureau of Mental Health shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.
(B) Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.
Section 44-22-170. (A) The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.
(B) If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.
Section 44-22-180. Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.
Section 44-22-190. The employment division of the South Carolina Employment Security Commission and the Department of Vocational Rehabilitation shall work with the Department Bureau of Mental Health in the Department of Health and Human Services in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.
Section 44-22-200. The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may shall not move a patient to a more restrictive setting without court approval.
Section 44-22-210. (A) The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.
(B) The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.
Section 44-22-220. (A) The Department Bureau of Mental Health shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be turned over to the Division of Quality Assurance-Standards, Advocacy, and Monitoring of the Department Bureau of Mental Health for review. A copy of the written grievance must be forwarded to the Client Advocacy Program and the South Carolina Protection and Advocacy System for the Handicapped, Inc.
(B) The division shall promulgate procedures with time lines to process expeditiously the grievances. The procedures must be made known to patients.
(C) A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. A person acting in good faith, either upon actual knowledge or information thought to be reliable, is exempt from the criminal provisions of this section."
SECTION 47. Chapter 23, Title 44 of the 1976 Code is amended to read:
Section 44-23-10. When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7 and 9 of Chapter 17, and Chapter 27, the following terms shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
(1) 'Mentally ill person' means a person afflicted with a mental disease to such an extent that, for his own welfare or the welfare of others or of the community, he requires care, treatment or hospitalization;
(2) 'Likelihood of serious harm' means because of mental illness there is: (1) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or (3) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person's judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community;
(3) 'Patient' means any person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, or any person for whom such hospitalization or treatment is sought;
(4) 'Officer of the peace' means any State, county or city police officer, officer of the State Highway Patrol, sheriff or deputy sheriff;
(5) 'Licensed physician' means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of his official duties;
(6) 'Nonresident licensed physician' means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing his official duties in such state;
(7) 'Designated examiner' means a physician duly licensed by the Board of Medical Examiners of this State or a person registered by the Commission as specially qualified, under standards established by it, in the diagnosis of mental or related illnesses;
(8) 'Superintendent or Director' means the chief executive officer of any mental health facility or hospital receiving patients under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, or a physician appointed as the designee of such superintendent;
(9) 'Director Bureau Chief' means the Director Bureau Chief of the Department Bureau of Mental Health;
(10) 'Department Bureau' means the South Carolina Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services;
(11) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and counseling, which may be extended to a patient;
(12) 'Discharge' means an absolute release or dismissal from an institution;
(13) 'Leave of absence' means a qualified release from an institution;
(14) 'State mental health facility' or 'facility' means any hospital, clinic, or other institution maintained by the State for the care and treatment of persons who have psychiatric illness;
(15) 'Hospital' means a public or private hospital;
(16) 'Mental health clinic' means any institution, or part thereof, maintained by the State for the diagnosis, treatment and care on an outpatient basis;
(17) 'State hospital' means a hospital, or part thereof, equipped to provide inpatient care and treatment and maintained by the State;
(18) 'Parent' means natural parent, adoptive parent, stepparent, or person with legal custody;
(19) 'Guardian' or 'legal guardian' means a person who legally has the care and management of the person of one who is not sui juris;
(20) 'Nearest friend' means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability;
(21) 'Interested person' means a parent, guardian, spouse, adult next of kin, or nearest friend;
(22) 'Attending physician' means the staff physician charged with primary responsibility for the treatment of a patient;
(23) 'Conservator' means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent;
(24) 'Observation' means diagnostic evaluation, medical, psychiatric and psychological examination and care of a person for the purpose of determining his mental condition;
(25) 'Mentally retarded person' means any person, other than a mentally ill person primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for his benefit, or that of the public, special training, education, supervision, treatment, care or control in his home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs;
(26) 'State of citizenship' means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence therefrom and of time spent in service in any of the Armed Forces of the United States; the residence of a person shall be determined by the actual physical presence, not by the expressed intent of such person.
Section 44-23-20. The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying do not apply to Whitten Center.
Section 44-23-30. A nonresident licensed physician may examine a patient who is institutionalized or is temporarily visiting or residing in another state but whose domiciliary residence is in a particular county in this State.
Section 44-23-40. Any person affected by the rules and regulations of the Department Bureau of Mental Health adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record.
Section 44-23-210. A person confined in a state institution or a person confined in a state or private mental health or mental retardation facility may be transferred to another mental health or mental retardation facility if:
(1) the superintendent of a state institution not under the jurisdiction of the Department Bureau of Mental Health or the director of a treatment facility under the jurisdiction of the Department Bureau of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of being mentally ill. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person is mentally ill, the director shall notify the superintendent of the institution or the director of the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;
(2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department Bureau of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents or spouse or, if none be known, to the patient's nearest known relative or friend. This section may shall not be construed to apply to transfers of a patient within a mental health facility; or
(3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one facility to another and the reasons for desiring the transfer to the Department Bureau of Mental Health and unless the Department Bureau of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs.
Section 44-23-220. No person who is mentally ill or mentally retarded shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department Bureau of Mental Health or the Department of Disabilities and Special Needs or both, and if in their opinion admission to a mental health or retardation facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or retardation facility.
Section 44-23-240. Any person who wilfully causes, or conspires with or assists another to cause the unwarranted confinement of any individual under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 or Chapter 27, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding one year, or both.
Section 44-23-250. Whenever reference is made requiring the signature of the superintendent of any institution it shall mean the superintendent or his designee.
Section 44-23-410. Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:
(1) order examination of the person by two examiners designated by the Department Bureau of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability; the examination must be made within fifteen days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or
(2) order the person committed for examination and observation to an appropriate facility of the Department Bureau of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department Bureau of Mental Health find indications of mental retardation or a related disability but not mental illness, the department Bureau of Mental Health shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department Department of Disabilities and Special Needs shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department Bureau of Mental Health. If either the Department Bureau of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department Bureau of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity.
Section 44-23-420. Within five days of examination under Section 44-23-410(1) or at the conclusion of the observation period under Section 44-23-410(2), the designated examiners shall make a written report to the court which shall include:
(1) A diagnosis of the person's mental condition, and
(2) Clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.
The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.
Section 44-23-430. Upon receiving the report of the designated examiners the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:
(1) The person is fit to stand trial, it shall order the criminal proceedings resumed; or
(2) The person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty days during which time the court shall order him hospitalized; or
(3) The person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him hospitalized for an additional sixty days. If the person is found to be unfit at the conclusion of the additional period the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of Chapter 21 of this title within fourteen days during which time the person shall remain hospitalized.
Subject to the provisions of Section 44-23-460, patients against whom criminal charges are pending shall have all the rights and privileges of other involuntarily hospitalized patients.
Persons against whom criminal charges are pending but who are not ordered hospitalized following judicial admission proceedings shall be released.
Section 44-23-440. A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.
Section 44-23-450. A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.
Section 44-23-460. When the superintendent of a hospital or mental retardation facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel.
(1) If upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and
(2) If such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or
(3) The court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.
Section 44-23-1080. No patient or prisoner under the jurisdiction of the South Carolina Department Bureau of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department Bureau of Mental Health access to these items or who attempts to furnish these items to patients or prisoners of the department Bureau of Mental Health is guilty:
(1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and
(2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.
Section 44-23-1100. Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.
Section 44-23-1110. The Department Bureau of Mental Health shall establish the charges for maintenance and medical care for patients, other than beneficiary, of State mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the Department Bureau of Mental Health considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.
Section 44-23-1120. Upon the death of a person who is or has been a patient or trainee of a State mental health facility the executor or administrator and the judge of probate shall notify the Department Bureau of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department Bureau of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department Bureau of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.
Section 44-23-1130. The Department Bureau of Mental Health shall make investigations and ascertain which of the patients or trainees of State mental health facilities or which of the parents, guardians, trustees, committees or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Department Bureau of Mental Health may require any county or State agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid the Department Bureau of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost.
Section 44-23-1140. There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training or treatment. The Department Bureau of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead.
Section 44-23-1150. (A) As used in this section:
(1) 'Actor' means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.
(2) 'Victim' means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.
(B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.
(C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction, must be imprisoned for not more than ten years.
(2) When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct, second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the 'intimate parts', as defined in Section 16-3-651(d), of another person's body, or to the fondling of the 'intimate parts' of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.
(D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year.
(E) A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more then five hundred dollars or imprisoned for not more than six months, or both."
SECTION 48. Section 44-48-30(5) of the 1976 Code is amended to read:
"(5) 'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department Bureau of Mental Health."
SECTION 49. Section 44-48-30(11) of the 1976 Code is amended by adding at the end:
"(11) 'Bureau' means the Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services."
SECTION 50. Section 44-48-100 of the 1976 Code is amended to read:
"Section 44-48-100. (A) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department Bureau of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department Bureau of Mental Health. At all times, a person committed for control, care, and treatment by the Department Bureau of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department Bureau of Mental Health. The Department Bureau of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department Bureau of Mental Health pending his appeal.
(B) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter."
SECTION 51. Sections 44-48-110, 44-48-120, and 44-48-130 of the 1976 Code are amended to read:
"Section 44-48-110. A person committed pursuant to this chapter shall have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall conduct an annual hearing to review the status of the committed person. The committed person shall not be prohibited from petitioning the court for release at this hearing. The Director of the Department Bureau of Mental Health shall provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall contain a waiver of rights. The director shall forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General shall represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.
Section 44-48-120. If the Director of the Department Bureau of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall authorize the person to petition the court for release. The petition shall be served upon the court and the Attorney General. The court, upon receipt of the petition for release, shall order a hearing within thirty days. The Attorney General shall represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.
Section 44-48-130. Nothing in this chapter shall prohibit a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department Bureau of Mental Health and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large and, if released, would commit acts of sexual violence, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall deny the petition without a hearing."
SECTION 52. The last paragraph of Section 44-20-20 of the 1976 Code is amended to read:
"Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client."
SECTION 1. Chapter 1, Title 43 of the 1976 Code is amended to read:
Section 43-1-10. There is created the State Department Bureau of Social Services, referred to in this title as the state department or department, in the Department of Health and Human Services, Division of Human Services with such subordinate divisions offices as may be created or authorized by law. The state department bureau shall be headed by a State Director Chief of the Bureau of Social Services who shall be appointed by the Governor upon the advice and consent of the Senate Undersecretary of the Division of Human Services. The director bureau chief must possess sound moral character, superior knowledge of and experience in the field of children's services and other social services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
Section 43-1-50. The chief executive officer and the administrative head of the state department is a Bureau of Social Services is the State Director Chief of the Bureau of Social Services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the State Commissioner or commissioner, who shall hold office until his successor has been appointed and qualified. The director bureau chief shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department bureau subject only to the laws of this State and the United States. He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act by the Undersecretary of the Division of Human Services. The director may be required to furnish bond.
Section 43-1-60. The State Director bureau chief may create:
(1) a State Advisory Council of Social Services to consider and advise with the department bureau on its problems and the remedies therefor, such Council not to exceed fifteen members. The members of such Council shall serve without compensation or allowance for expenses;
(2) such advisory committees as are required by federal law or regulations regarding the programs which the department bureau administers. These advisory committees, as are required by federal law or regulation, shall receive travel and per diem as provided under the law for state boards, commissions, or committees; and
(3) other committees the director may deem necessary for prudent administration of the programs administered by the department bureau. Such committees may be reimbursed travel expenses as provided under the law and regulations for state employees but shall receive no per diem payment.
All subsistence and per diem authorized under the provisions of this section shall be paid from funds available to the Department Bureau of Social Services.
Section 43-1-70. The Director bureau chief may appoint and employ such other officers and employees as are authorized and may be necessary to perform the duties placed upon the department bureau by law, and the director shall fix their compensation unless the General Assembly shall do so, but in no event shall the director bureau chief expend any sums for purposes unauthorized by law. All such compensation shall be fixed by the state department bureau chief, which shall submit to the State Budget and Control Board all proposed salaries not fixed by law, and the State Budget and Control Board shall pass upon such salaries so that the amounts paid shall be in keeping with the salaries paid to other state employees for similar service and duties. The Director bureau chief may require such officers and employees to furnish bonds in such amounts as it may determine. The selection of such officers and employees shall be made entirely upon the qualification and merit of the individuals so employed.
Section 43-1-80. The State Department Bureau of Social Services shall supervise and administer the public welfare activities and functions of the State as provided in Chapters 1, 3, 5, 7, 9, 19, and 23 and child protective services as referred to in Title 20, Chapter 7 or as otherwise authorized by law and may act as the agent of the State, cooperate with any federal agency for the purpose of carrying out matters of mutual concern, and administer any federal funds granted the State in the furtherance of the duties imposed upon the State Department bureau. The Department bureau shall study the various social problems confronting the State, inquiring into their causes and possible cures, making such surveys, gathering such statistics, and formulating such recommended public policies in connection thereto as may be in the interest of the State, and shall make such information available in published form. The Department bureau may adopt all necessary rules and regulations and formulate policies and methods of administration, when not otherwise fixed by law, to carry out effectively the activities and responsibilities delegated to it. The aim of the Department bureau shall be to promote the unified development of welfare activities and agencies of the State and local governments so that each agency and governmental institution may function as an integral part of a general system.
Section 43-1-90. The State Department Bureau of Social Services shall supervise the administration of assistance under Chapters 1, 3, 5, 7, 9, 19 and 23. The State Department bureau shall prescribe the form of and print and supply to county departments blanks of applications, reports, affidavits and such other forms as it may deem advisable. The State Department bureau shall make rules and regulations necessary for the carrying out of the provisions of Chapters 1, 3, 5, 7, 9, 19 and 23 to the end that assistance be administered uniformly throughout the State, having regard to the varying conditions in different parts of the State, and that the spirit and purpose of Chapters 1, 3, 5, 7, 9, 19 and 23 may be complied with. All such rules and regulations made by the State Department bureau shall be binding upon the county departments and shall be complied with by them.
Section 43-1-100. The State Department Bureau of Social Services may make investigations into the administration and affairs of any institution or agency, public or private, concerned with the care, custody or training of persons or the handling of problems of delinquency, dependency or defectiveness.
Section 43-1-110. The State Department Bureau of Social Services may cooperate with the Federal Government, its agencies or instrumentalities, in the administration of Child Welfare Services as provided in Title V, Part 3, of the Federal Social Security Act relative to establishing, extending and strengthening services for the protection and care of homeless, dependent and neglected children and children in danger of becoming delinquent in predominantly rural areas and other areas of special need and may receive and expend all funds made available to the Department bureau by the Federal Government, the State or its political subdivisions for such purposes.
Section 43-1-115. The state department Bureau of Social Services shall conduct, at least once every five years, a substantive quality review of the child protective services and foster care programs in each county and each adoption office in the State. The county's performance must be assessed with reference to specific outcome measures published in advance by the department bureau. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department bureau shall prepare a detailed narrative report, with supporting data, describing its findings. The state department bureau shall submit the report within ninety calendar days after completion of the review to the Governor Undersecretary of the Division of Human Services and to each member of the county legislative delegation, and the report shall be posted on the department's bureau's website. The reports are public information and upon request must be provided without charge to any member of the public within fifteen working days after the request is received. The failure of the state department bureau to conduct the required quality review of any county office is considered nonfeasance in office by the state director bureau chief and is cause for the state director's bureau chief's removal. This section is not intended to limit the department bureau in the frequency or scope of reviews of county operations.
Section 43-1-120. (A) State Department Bureau of Social Services may take such action as it may deem necessary, from time to time, to enable the Department bureau to secure for the State and its residents the full benefits available under the Social Security Act of Congress and any amendments thereof and under any other Federal legislation having for its purpose the improvement or extension of social and welfare assistance or services to the people of the United States. But nothing contained in this section shall be construed to authorize any action by the Department bureau in violation of the law of this State.
(B) The bureau shall administer the Social Services Block Grant Program.
Section 43-1-140. The State Department Bureau of Social Services shall keep proper records, including such as may be required by the Federal Government through its appropriate agency or instrumentality, and report such information and data as required.
Section 43-1-150. The State Department Bureau of Social Services shall promulgate regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.
When information concerning applicants or recipients of public assistance, including Medicaid, is furnished to or held by another agency or department of government, that agency or department is required to adopt regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.
Section 43-1-160. No person shall use or disclose information concerning applicants or recipients of public assistance, including Medicaid, except for purposes connected with the administration of the applicable program or as authorized by state or federal regulations.
A person, firm, association, corporation, or other agency violating any provision of this section, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Section 43-1-170. The Director bureau chief shall have prepared and submit to the Governor and the General Assembly Undersecretary of the Division of Human Services an annual budget, estimating the necessary funds for discharging the duties imposed upon the Department bureau, after taking into consideration federal funds which have been or may be allotted to the State for such purpose.
Section 43-1-190. The director bureau chief may select the depositories for its funds pending the clearing of assistance checks and require such security on such deposits as it shall deem practicable.
Section 43-1-200. The Director bureau chief shall designate and authorize the proper officers and employees of the state department Bureau of Social Services to issue its requisition upon the Comptroller General for the payment of salaries or other expenses in the administration of Chapters 1, 3, 5, 7, 9, 19, and 23. The Comptroller General shall draw his warrant upon the State Treasurer as directed by such requisition, and the State Treasurer shall pay such warrants by check or otherwise. In paying assistance granted to recipients in accordance with Chapters 1, 3, 5, 7, 9, 19, and 23, the State Department bureau may include in one lump requisition the total amount it will require to meet monthly payments from the various funds set up under the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23 and disburse such assistance to the individual beneficiaries by its own checks, but attached to such lump sum requisition shall be a list of the beneficiaries and the amounts for each making up the total requisitioned.
Section 43-1-205. For an agency, entity, or organization to receive funds from the Department Bureau of Social Services for treatment programs for perpetrators of domestic violence, the agency, entity, or organization must comply with treatment program standards contained in the department's bureau's annual Battered Spouse State Plan. These standards must include, but are not limited to, these requirements:
(1) treatment services must be provided by persons with a minimum of a master's degree in social work, counseling, or another related field;
(2) each treatment program shall have at least one person providing supervision to paid and volunteer staff who:
(a) has a minimum of three years of experience working with both perpetrators and victims of domestic violence;
(b) has a minimum of one year of experience in group facilitation; and
(c) holds at least a master's degree in social work, counseling, or another related field.
Section 43-1-210. The Director bureau chief shall prepare and submit to the Governor Undersecretary of the Division of Human Services and the General Assembly a full and detailed report of its activities and expenditures annually, including a statement of its personnel and the salaries paid, and shall likewise make such recommendations and suggestions as it shall deem advisable in the execution of its duties to the General Assembly.
Section 43-1-230. Notwithstanding any other provision of law, all direct services provided by the Department Bureau of Social Services and through agreement with other state departments or county departments under Title XX of Public Law 93-647 shall be subject to the same planning and contractual provisions required of private non-profit service providers."
SECTION 2. Section 20-7-260(A) of the 1976 Code is amended to read:
"(A) The Department Bureau of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration."
SECTION 3. Section 43-3-40 of the 1976 Code is amended to read:
"Section 43-3-40. (A) The Director bureau chief shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the Director bureau chief. In fixing these salaries the Director bureau chief shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform duties as are directed by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director Bureau Chief of the State Department Bureau of Social Services."
SECTION 4. Section 43-3-60 of the 1976 Code is amended to read:
"Section 43-3-60. The respective county directors shall act as the representatives of the Director bureau chief in administering such welfare activities within the county as are provided for by law or as are directed and required by the Director bureau chief when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department Bureau of Social Services, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department bureau in the performance of such functions as the Director bureau chief may delegate to it a county director."
SECTION 5. Section 43-3-90 of the 1976 Code is amended to read:
"Section 43-3-90. The respective county directors shall maintain such standards of work, procedure, and records as are required by the state director bureau chief in the discharge of their functions or in the use of any funds provided by the state department Bureau of Social Services."
SECTION 6. Section 43-3-100 of the 1976 Code is amended to read:
"Section 43-3-100. The records and accounts of each county shall be maintained as prescribed by the Director bureau chief and shall be subject to inspection, supervision, and audit by the state department bureau and in the same manner and with the same effect as may be provided by law for the examination of other public offices."
SECTION 7. Section 43-3-110 of the 1976 Code is amended to read:
"Section 43-3-110. Each county director shall furnish such reports to the Director bureau chief as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the Director bureau chief may require. Each county director shall make an annual report of the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county director shall furnish such reports and data as may be required by the state department Bureau of Social Services or the federal government, through its appropriate agency or instrumentality, concerning conditions within its county, the county department's activities and functions and the administration of funds received by the county department."
SECTION 8. Article 1, Chapter 5, Title 43 of the 1976 Code is amended to read:
Section 43-5-10. (a) The Department Bureau of Social Services shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The director shall be the only person authorized to determine and implement the policies of the department bureau. The department bureau shall issue regulations pursuant to Sections 1-23-10, et seq., whenever changes in federal laws and regulations supersede existing state statutes. In adopting regulations the department bureau shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid.
(b) For purposes of this chapter, 'Bureau' means the Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
Section 43-5-15. Applications for assistance under the provisions of this chapter shall be made as provided in this chapter and when no such provision has been made in accordance with the manner and form prescribed by the department.
Section 43-5-20. (a) It is the intent of the General Assembly that all payments of aid to families with dependent children Temporary Assistance to Needy Families shall be utilized and managed in such manner as to support the needy child and his eligible caretaker. Such payments shall include current payments as well as any portion of past payments returned to a current or former recipient.
(b) Whenever the department bureau has reason to believe that any payment of aid to dependent children is not being or may not be used in the best interests of the child, the department bureau shall provide counseling to the recipient and shall provide that continued failure to so use such payments after counseling has begun may result in the appointment of a protective payee in accordance with Section 43-5-65.
Section 43-5-24. When an individual applies for assistance through the Aid to Families with Dependent Children Temporary Assistance to Needy Families Program, the Department Bureau of Social Services must provide the applicant with information on methods of contraception and family planning, excluding abortion counseling. The Department of Health and Environmental Control shall provide a brochure or some similar information packet on contraceptive methods and family planning to the Department Bureau of Social Services which the Department Bureau of Social Services can easily reproduce and distribute. Abortion must not be included in the brochure or information packet provided by the Department of Health and Environmental Control. If the applicant expresses an interest in scheduling an appointment with a local health department to obtain further information and counseling on contraceptive methods and family planning, the Department Bureau of Social Services shall assist the applicant in scheduling the appointment.
Section 43-5-25. Any person, other than a needy child, who wilfully and knowingly receives or uses any part of a payment of aid to dependent children Temporary Assistance to Needy Families for a purpose other than in the best interest of the needy children and any eligible caretaker is deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or be imprisoned for not more than one year or both.
If such misuse occurs, a protective payee will be appointed in accordance with Section 43-5-65 to manage assistance funds intended for the otherwise eligible child.
Section 43-5-30. (a) If an overpayment or underpayment is made under the Family Independence Program, the department Bureau of Social Services shall make every effort to correct payment. If the agency decides to terminate benefits to a client and payments are made pending an appeal of the agency's decision, these payments must be considered overpayment if the agency's decision is upheld.
(b) Overpayment means a financial assistance payment received which exceeds the amount for which the client was eligible. Underpayment means a financial assistance payment received which is less than the amount for which the client unit was eligible.
(c) The agency bureau can recover an overpayment by:
(1) receiving a payment from the client or former client; or
(2) by reducing the amount of any future aid payable to the client. The adjustment in future aid shall not reduce the family's monthly income to less than ninety percent of the amount payable to a family of the same composition with no other income. If no payment is made for a month solely by reason of the recovery of an overpayment, that individual is still considered a recipient of assistance for that month for purposes of enrollment date.
(d) If an individual has received an overpayment and does not repay the agency bureau and is no longer receiving aid so that future payments cannot be reduced, the agency bureau shall make recovery by taking appropriate action under the laws of the State against the income or resources of the individual or family.
(e) Correction of underpayments of assistance must be made to current recipients and those who would be current recipients if the error causing the underpayment had not occurred. For the purposes of determining continued eligibility and amount of assistance, the retroactive corrective payments are not considered income or a resource in the month paid nor in the next following month.
Section 43-5-40. It is unlawful for a person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of a list, name of, or any information concerning persons applying for or receiving public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department Bureau of Social Services.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
Section 43-5-45. The department Bureau of Social Services shall provide timely and adequate notice in all cases of intended action to discontinue, terminate, suspend, or reduce an assistance grant except in those cases where adequate notice alone would be consistent with the requirements of state law or regulation.
'Timely notice' means notice which is mailed at least ten days before the intended change would be effective.
'Adequate notice' means notice which is mailed not later than the date of action.
Both timely and adequate notice shall include a statement of what action the agency intends to take, the reasons for the intended action, an explanation of the individual's right to request an administrative hearing on the propriety of the intended action and the circumstances under which assistance is continued if a hearing is requested.
Section 43-5-50. In the event that a recipient of aid to families with dependent children Temporary Assistance to Needy Families does not receive an assistance check, or if such check is lost, stolen, or destroyed after receipt but before it is cashed, the county office may authorize a one-time grant in the amount of the original check provided the recipient files an affidavit, under penalty of perjury, stating the facts of the loss, theft, destruction, or nonreceipt of the check and setting forth all material facts relative to its loss, theft, destruction, or nonreceipt. The affidavit shall further witness the recipient's understanding of his obligation, should the lost, stolen, destroyed, or nonreceived check come into his possession, to return such check immediately to the county office and that cashing or attempting to cash such check constitutes fraud.
Section 43-5-60. All assistance granted under Chapters 1, 3, 5, 7, 9, 19, and 23 shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may be passed and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by an amending or repealing act, nor shall he have any claim against the State for any failure upon the part of the General Assembly in any year to appropriate sufficient funds to pay grants previously made.
Section 43-5-65. (a) As a condition of eligibility, a needy family applying for Family Independence benefits shall complete an application of eligibility containing a written declaration of information as may be required to establish eligibility and amount of aid. The application shall include blanks, wherein must be stated the names of all children, adults, or minor parents applying for or receiving aid, their birthdates and Social Security numbers; their present place of residence; their income received from employment, the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source; and any interest in property, real or personal.
Failure to provide this information shall result in a finding of ineligibility of benefits for Family Independence benefits. The department Bureau of Social Services shall provide assistance as needed to complete the application and shall ensure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance may be granted to Family Independence applicants or recipients until a valid Social Security number has been provided to the department bureau for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department bureau shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of state-funded or Title IV-E Foster Care, the application for the Social Security number must be made by the state bureau or local department. The application for eligibility also shall provide that, as a condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the department bureau exists, the recipient or applicant is considered to have made an assignment to the State Department bureau of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department bureau is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department bureau is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department bureau has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for the applicant and for a child with respect to whom the aid is claimed or in obtaining any other payments or property due the applicant of the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), aid for which the child is eligible must be provided in the form of protective payments. The department bureau shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child.
(b) The term 'protective payments' shall mean payments with respect to any dependent child which are made to another individual who, as determined in accordance with standards prescribed by the department bureau, is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child.
(c) Prior to determinations of eligibility, the department bureau shall conduct a personal interview with the adult members of the family or with the caretaker relatives of the needy children.
(d) The department bureau shall redetermine all elements of eligibility periodically but not less frequently than every twelve months. The department bureau may require the family to complete a new application at the time of each redetermination.
(e) If the application is mailed to the family, it must be accompanied by an addressed envelope for its return. In no event may the acts of mailing to the recipient or the recipient's return of a completed application to the department bureau be substituted in lieu of a personal interview.
(f) Each adult member of the family shall provide, under penalty of perjury the information necessary to complete the application. The applications used by the department bureau shall contain a statement that the applicant or recipient understands that he has an obligation to report immediately to the department bureau any changes of address, household composition, employment, loss of employment, or any other factor which may affect eligibility and that the declarations in the application are correct and complete to the best of the applicant's or recipient's knowledge or belief and are made under penalty of perjury. The statement shall clearly specify that failure to report changes in circumstances that may affect eligibility and grant amount within ten calendar days of the day on which the change becomes known to the recipient constitutes withholding of information and permits the department bureau to recover any overpayment occasioned or caused by the withholding in accordance with Section 43-5-30. This application must be signed by the applicant or recipient of assistance or any person completing the application for an applicant or recipient unable to do so himself.
The person completing the application for an applicant or recipient unable to do so himself must sign a statement attesting to the fact that this section has been explained to the applicant and to the belief that the applicant understands.
Section 43-5-70. The department Bureau of Social Services shall require that all persons applying for assistance shall provide acceptable identification and proof of residence and the department bureau shall by regulation specify what constitutes adequate identification and proof of residence. The department bureau shall require that all reports of employment or income be verified by letter or direct contact with the employer of the applicant or recipient and if the verification is made by letter, a stamped self-addressed envelope shall be enclosed and request for prompt return shall be made. The department bureau shall verify all other information related to the eligibility in any case in which there is reason to believe that the applicant has falsified, misrepresented, or omitted any material facts such as age and number of children, real and personal property, including bank accounts and insurance policies or any other resources. No person shall be eligible for aid to families with dependent children Temporary Assistance to Needy Families unless he is a resident of the State.
If a recipient is or will be absent from the State for a period of thirty days or longer, the department bureau shall consider the recipient ineligible for assistance.
It is not the intent of the General Assembly in enacting this section to create any durational residence requirement.
Section 43-5-75. The director bureau chief or his authorized agent may, after signed authorization from the applicant or recipient, request and receive from any bank or other financial institution doing business in South Carolina information with respect to the transaction with any such institution of any applicant for or recipient of any form of aid or relief under this article and it shall be the duty of the officers and employees of such institution to furnish the information within ten working days to the department Bureau of Social Services pursuant to the written request of the director.
Section 43-5-95. Aid Assistance may be granted under the provisions of this section to or in behalf of an eligible child over the age of eighteen but not yet nineteen, if he is a full-time student in a secondary school, or in the equivalent level of vocational or technical training.
Section 43-5-120. (a) The Department of Revenue shall provide the director bureau chief or his designees an abstract of the income tax return requested, or provide information concerning any item of income or expense, including support claimed to have been provided to dependent children or step-children, contained in the income tax return or disclosed by any investigation of the income or return of the applicant or recipient.
(b) The information obtained pursuant to this section shall be used or disclosed only for the purpose of enabling the department to verify or determine the eligibility of an applicant or recipient or to enable the Department of Revenue to determine whether tax fraud has been committed.
(c) The applicant or recipient whose income tax records have been requested from the Department of Revenue shall be notified by mail that such request has been made at the time of the request.
(d) Any violation or suspected violation of state or federal law determined under this section shall be referred to the appropriate state or federal law enforcement authorities.
(e) The director bureau chief or his designees shall be subject to the provisions of Section 12-7-1680 of the 1976 Code regarding the confidentiality of state income tax records.
Section 43-5-125. The term 'living with' means that the caretaker relative and the child maintain a common place of residence. The requirement shall be considered met if a home and family setting is maintained or is being established and the caretaker relative exercises responsibility for the care and control of the child even though the child or caretaker is temporarily absent from time to time. A child is considered to be 'living with' the caretaker relative even though he is under the jurisdiction of the court or is in the legal custody of an agency that does not have physical possession of the child.
Temporary absences by either the caretaker relative or the child from the home for purposes such as vacationing, visiting, hospitalization, convalescing, and school attendance shall not constitute a break in the 'living with' requirement. The temporary absence may shall not exceed thirty days; however, the department Bureau of Social Services may extend the absence, in extenuating circumstances, for up to an additional sixty days if it is determined that a longer absence would serve the best interests of the family.
Section 43-5-130. (a) The department Bureau of Social Services shall, in determining need, take into consideration any income or resources of any relative claiming aid to families with dependent children Temporary Assistance to Needy Families, whose needs the department bureau determines would be considered in determining the need of a child or relative claiming such aid, as well as any expense reasonably attributed to the earning of any such income.
(b) Income, as used in subsection (a), includes any benefit in cash which is in fact currently available to the individual or is received by him as a result of current or past labor or service, or business activities.
(c) To be considered in determining eligibility for, and amount of grant, income must, in fact, be currently available to the applicant or recipient. However, the applicant or recipient shall, as a necessary condition of determining eligibility:
(1) provide all information necessary to income determination;
(2) take all actions necessary to obtain unconditionally available income. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept such income, including any type of governmental benefits, social insurance, and private pension or benefits plan.
(d) The department bureau shall require evidence which establishes the gross and net amount of income received and the time and frequency of receipt. Documents and records in the possession of the applicant or recipient together with a written statement made under penalty of perjury that such information is correct and complete to the best of the applicant or recipient's knowledge or belief constitute adequate sources of evidence in absence of conflicts. Such documents or records shall be returned promptly to the applicant or recipient after necessary copies have been made and placed in the case records.
Section 43-5-140. (a) It shall be the duty of the department bureau to ensure that every applicant for or recipient of aid to families with dependent children Temporary Assistance to Needy Families be informed not less frequently than annually as to the provisions of eligibility and his responsibility for reporting all facts material to a correct determination of eligibility and amount of grant. After such information has been provided, the department bureau shall require the recipient and caseworker to execute a formal acknowledgment, on a form prescribed for such purpose, describing what steps were taken to explain the eligibility and reporting requirements to the recipient and that such explanation was understood by the recipient.
(b) Each applicant for or recipient or payee of such aid to families with dependent children Temporary Assistance to Needy Families shall be responsible to report accurately and completely those facts required of him, pursuant to the explanation provided by the department bureau.
(c) The failure of an applicant or recipient to report facts which may affect eligibility and grant determination within ten days of the date upon which the applicant or recipient became aware of such facts shall constitute a wilful withholding of such information and permit the department bureau to recover any overpayment occasioned or caused by the wilful withholding. Such facts may include, but are not limited to, composition of household, address or any other factor which may affect eligibility, or failure or refusal to obtain unconditionally available income. If appropriate, recoupment proceedings may be initiated.
(d) When the department bureau receives information that would result in a change in grant amount or eligibility, the department bureau shall take action to adjust the grant or redetermine eligibility, consistent with notice requirements, within ten days of receipt of such information.
Section 43-5-145. Investigation of each application shall be made by the county department of social services as provided in Chapters 1, 3, 5, 7, 9, 19, and 23 or as required by the state department Bureau of Social Services.
Section 43-5-148. Family Independence benefits shall begin on the date of application if the benefit group met all the eligibility conditions on that date. Payments for partial months must be prorated by the ratio of the days in the month to the date of application.
Section 43-5-150. In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department Bureau of Social Services by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department bureau. The department bureau shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department bureau shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department bureau may be made to an administrative hearing examiner pursuant to the Administrative Procedures Act.
Section 43-5-155. If an application is not acted upon by the county department within the time limitations specified in Section 43-5-148 the applicant may appeal to the state department Bureau of Social Services in the manner and form prescribed in Section 43-5-150.
Section 43-5-160. The state department Bureau of Social Services may also, upon its own motion or at the request of the applicant, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.
Section 43-5-165. Upon any appeal under Section 43-5-150 or any review under Section 43-5-160, the state department Bureau of Social Services may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23. As to any action taken by the state department bureau under this section, the state department bureau shall grant the applicant or recipient an opportunity for a fair hearing as provided under Section 43-5-150.
Section 43-5-170. The department Bureau of Social Services may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the director and employees designated by him may administer oaths and examine witnesses under oath.
Section 43-5-175. All decisions of the state department Bureau of Social Services shall be binding upon the county department involved and shall be complied with by such county department.
Section 43-5-180. No person shall make any charge or receive any fee for representing the applicant or recipient of assistance in connection with the granting of any assistance provided for in Chapters 1, 3, 5, 7, 9, 19, and 23, except as to criminal proceedings and except upon appeal to the department Bureau of Social Services, and then only in a reasonable amount and subject to the regulations of the department bureau.
Section 43-5-185. Any public officer not charged with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 who attempts to influence a decision of the county department or state department Bureau of Social Services respecting the application of any person for assistance or respecting the assistance to be paid or being paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both, in the discretion of the court. The giving of information within the personal knowledge of such officer, in writing, shall not constitute an offense under this section.
Section 43-5-190. All amounts paid or payable as assistance shall be exempt from any tax levied by the State or any subdivision thereof, shall be exempt from levy and sale, attachment or any other process whatsoever, and shall be inalienable and unassignable in advance in any form and, in case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of assistance.
Section 43-5-200. When a recipient dies after issuance but before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of social services to the 'spouse or nearest living relative' of the recipient shall be sufficient authority to the drawee bank to pay such check.
Section 43-5-220. (a) Every applicant for family independence benefits who has a child by a parent who is alive but not living in the home at the time of approval for family independence must be immediately referred to the designated child support official of the department Bureau of Social Services. The department bureau shall be responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.
(b) The department bureau shall establish a scale of suggested minimum contributions to assist courts in determining the amount that an absent parent should be expected to pay toward the support of a dependent child. The scale shall include consideration of gross income, shall authorize expense deductions including deductions for taxes for determining net income, shall designate other available resources to be considered and shall specify the circumstances which should be considered in reducing liability on the basis of hardship. Copies of this scale shall be made available to courts, county attorneys, circuit solicitors, and to the public. It is intended that the scale formulated pursuant to this section be optional, and that no court or support official be required to use it.
(c) In all cases in which the whereabouts of the absent parent is known, the department bureau shall, immediately upon approval of the application for assistance, notify the absent parent of the filing of the application and of his responsibility to complete and return a written statement of his current monthly income, his total income over the past twelve months, a description of real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly toward the support of all children for whom application for aid to families with dependent children Temporary Assistance to Needy Families has been made, his Social Security number, his itemized monthly living expenses and such other information as the department bureau determines to be pertinent in determining his ability to support his children.
The absent parent shall complete and return such statement to the department bureau within ten days after notification by the department bureau. The department bureau may request the absent parent to report for a personal interview.
If the absent parent statement is not completed within ten days after notification, the department bureau shall cause prompt personal service to be made. If the written statement is not completed and returned within ten days after personal service, the department bureau shall immediately refer the matter for prosecution for nonsupport.
(d) When the department bureau has obtained sufficient information concerning the absent parent, it shall immediately determine his ability to support his children and shall obtain a court order specifying an appropriate amount of support in accordance with the scale of suggested minimum contributions as provided in subsection (b). If the absent parent is residing out of the county, but within the State, and his whereabouts are known, the department bureau shall obtain the court order in the court of competent jurisdiction as set forth in Section 14-21-830. Court orders of support shall in all cases specify that the payment of support shall be made directly to the department bureau as reimbursement for assistance and not to the spouse of the absent parent. The support rights assigned to the State shall constitute an obligation owed to the State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable state and local processes. The amount of such obligations shall be:
(1) The amount specified in a court order which covers the assigned support rights;
(2) If there is no court order, an amount determined by the State in accordance with a formula approved by subsection (b);
(3) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation. A debt which is a child support obligation assigned to the department bureau under this section is not released by a discharge in bankruptcy under the Bankruptcy Act.
(e) Failure of the absent parent to comply with his support obligation shall be referred to the court having jurisdiction of the matter for appropriate proceedings.
(f) Nothing in this section shall be construed to relieve the department bureau from complying with the provisions of Section 402 (a) (11) of the Social Security Act.
(g) Material falsification of information on the statement provided pursuant to Subsection (d) shall constitute a misdemeanor.
(h) In the case of an individual not otherwise eligible for collection services, a fee may be imposed in accordance with federal law, regulations, and guidelines.
(i) The department bureau may submit to the Department of Revenue for collection and set off any debt for past-due support, including health care expenses, owed to the department bureau or owed to an individual not otherwise eligible for collection services who has made application to the department bureau. The debt for past-due support must be at least sixty days in arrears and is in excess of twenty-five dollars as provided in Section 12-7-2240. At the time of the submission, the department bureau shall notify the debtor that his state tax refund will be subject to a debt for past-due support. The notice shall set forth the name of the debtor, the amount of the claimed debt, the intention to set off the refund against the debt, the taxpayer's opportunity to give written notice to contest the set off within thirty days of the date of mailing of the notice, the appropriate office of the department bureau to which the application for a hearing must be sent, and the fact that failure to apply for a hearing in writing within the thirty-day period will be considered a waiver of the opportunity to contest the set off. If the debtor makes written application to contest the set off within thirty days of notification, the department bureau shall provide an opportunity for a hearing and is responsible for refunding any monies wrongfully collected. If no application is made, the debtor's refund must be used to set off the amount owed. From the amount transferred from the Department of Revenue, the department bureau shall reimburse the Department of Revenue for expenses incurred in administering this program. In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department bureau to cover all costs. The department bureau shall request that the Department of Revenue send to the department bureau notice of the home address, corrected social security number, or additional Social Security numbers, if more than one is used, of any taxpayer whose name is submitted to the Department of Revenue under this subsection.
(j) The department bureau may submit to the Internal Revenue Service and the State Department of Revenue, for federal and state tax refund offsets, the name of any obligor who is delinquent in paying court-ordered child support and who qualifies for submittal under federal or state law even if the obligor is in compliance with a court order requiring periodic payments toward satisfaction of the delinquency or even if the delinquent amount has been placed in abeyance by court order.
Section 43-5-222. From the amounts collected by the South Carolina State Department Bureau of Social Services for children and the parents of such children who are currently recipients of Aid to Families with Dependent Children (AFDC) Temporary Assistance to Needy Families, pursuant to Section 43-5-220 of the 1976 Code, the department bureau may distribute these amounts as follows:
(1) of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC families receiving Temporary Assistance to Needy Families family and thereafter must be increased up to the amount of the monthly support obligation;
(2) if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department bureau as reimbursement for AFDC Temporary Assistance to Needy Families payments made to the family for which the State has not been reimbursed. Of the amount retained by the department bureau, the department bureau shall determine the federal government's share so that the department bureau may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC Temporary Assistance to Needy Families payment.
(3) if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.
(4) payments made to the family in item (1) may shall not be used in determining the amount paid, if any, in AFDC Temporary Assistance to Needy Families or other welfare benefits.
Section 43-5-225. (a) A central registry of records shall be maintained in the department Bureau of Social Services showing as far as it is known with respect to any parent who has deserted or abandoned any child receiving aid to families with dependent children Temporary Assistance to Needy Families:
(1) the full and true name of such parent together with any known aliases;
(2) date and place of birth;
(3) physical description;
(4) social security number;
(5) occupation and any special skills he may have;
(6) military status and Veterans Administration or military service serial number;
(7) last known address and the date thereof;
(8) number of the driver's license;
(9) any further information that may be of assistance in locating the person.
(b) To effectuate the purposes of this section, the department bureau shall request from all departments, commissions, boards or other agencies of the State or any of its political subdivisions such assistance and data as will enable the department bureau and other public agencies to carry out their duties to locate deserting parents and to enforce their liability for the support of their children. The department bureau shall utilize the 'Parent Locator Service' pursuant to establishment in the Department of Health, Education and Welfare by filing in accordance with Section 453(b) of the Social Security Act.
(c) Any records established pursuant to the provisions of this Section shall be available only to public welfare offices, county attorneys, circuit solicitors, probation department, the Attorney General, central registries in other states and courts having jurisdiction in support or abandonment proceedings or action and only for the purposes for which the records have been established.
Section 43-5-230. There is hereby created in the office of the State Treasurer a revolving fund to be designated as the Public Welfare Cooperative Support Program Fund which shall be used by the department Bureau of Social Services in carrying out such purposes as it deems necessary. All monies in the funds are hereby appropriated to the department bureau for such purposes and shall be paid without further appropriation under requisition or voucher drawn on the State Treasurer in the usual manner.
Section 43-5-235. To the extent permitted by federal law, the department Bureau of Social Services may enter into annual agreements with county governments, clerks of court, sheriffs, and other law enforcement entities having jurisdiction in that county to reimburse and to pay federal financial participation and incentives pursuant to the terms of the agreement to the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:
(1) securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;
(2) establishing paternity of children born out of wedlock who are receiving aid to families with dependent children Temporary Assistance to Needy Families and to secure support for them;
(3) all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children Temporary Assistance to Needy Families and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive and federal financial participation must be paid to the department bureau and provided to the entity providing the service for the collection and enforcement of child support obligations. These monies must be paid to the appropriate county treasurer or county finance office on a monthly basis and deposited into a separate account for the entity providing the service for the exclusive use by this entity for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned and may be drawn on and used only by the entity providing the service for which the account was established. Monies paid to the contracting entity pursuant to this section may shall not be used to replace operating funds of the budget of the entity providing the service. Funds in the special account not encumbered for child support activities revert to the general fund of the county at the end of the fiscal year in which they were earned. Each local entity shall enter into a support enforcement agreement with the department bureau as a condition of receiving the fiscal incentive and federal financial participation. To the extent that fiscal incentives are paid to the department bureau and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's bureau's Office of Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments.
Section 43-5-240. Any county desiring to obtain the benefits of appropriations from the Public Welfare Support Reimbursement Fund shall secure the formal joinder of the circuit solicitor and of the court having jurisdiction of support cases in that county in a joint plan and a cooperative support program agreement with the department Bureau of Social Services and the execution of a cooperative support program agreement with the department bureau. The execution of such agreement is hereby authorized.
Section 43-5-245. (a) The department Bureau of Social Services shall prescribe the time at and the form on which the counties and judicial districts shall submit to the department bureau annual plans for the total staff and equipment needs and annual estimates of the expenditures of the county for the staffing and operations of the child support program for the coming agreement year.
(b) Upon approval of an annual plan and the estimated expenditures for an improved program, the department bureau shall enter into a contract pursuant to Section 43-5-235."
SECTION 9. Article 3, Chapter 5, Title 43 of the 1976 Code is amended to read:
Section 43-5-310. General assistance in the form of money payments shall be granted by the State Department Bureau of Social Services to handicapped and unfortunate persons in need who are not eligible for other forms of assistance provided in Chapters 1, 3, 5, 7, 9, 19 and 23 and who are unable to support themselves because of physical or mental infirmity and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and legally responsible for his maintenance or willing to provide therefor.
Section 43-5-320. General assistance in the form of money payments may be made to persons who are essential to the welfare of aged, blind, or disabled persons receiving other forms of public assistance and who are unable to support themselves and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and who is legally responsible for his maintenance or willing to provide therefor.
Section 43-5-330. Applications for assistance under this article shall be made to the county department of social services of the county in which the applicant resides. The application shall be made in writing or reduced to writing in the manner and upon a form prescribed by the State Department Bureau of Social Services.
Section 43-5-340. Whenever the county department receives an application for assistance under this article, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the State Department Bureau of Social Services. The investigation may include a visit to the home of the applicant if deemed necessary by the caseworker or supervisor.
Section 43-5-350. Upon the completion of the investigation the county department shall decide whether the applicant is eligible for assistance under the provisions of this article. The amount of assistance which any such person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures and the conditions existing in each case, in accordance with the rules and regulations made by the State Department Bureau of Social Services and, within available annual appropriations, shall be sufficient when added to all other income and support of the applicant to provide such person with a reasonable subsistence compatible with decency and health."
SECTION 10. Article 5, Chapter 5, Title 43 of the 1976 Code is amended to read:
Section 43-5-580. (a) Every applicant for Family Independence benefits who has a child or children whose parent is alive but not residing in the home must be referred to the Office of Child Support Enforcement within two working days of the furnishing of aid or the determination that an individual is a recipient of Family Independence benefits. The department Bureau of Social Services is responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.
(b) The department Bureau of Social Services shall promulgate regulations which establish guidelines for minimum contributions which must be applied by the courts in determining the amount that an absent parent is expected to pay toward the support of a dependent child. Copies of the guidelines must be made available to courts, district attorneys, and to the public. The guidelines formulated pursuant to this section must be applied pursuant to the provisions of Section 20-7-852.
(c) Failure of the absent parent to comply with his support obligations must be referred to the court having jurisdiction of this matter for appropriate proceedings.
Section 43-5-585. (A) The department Bureau of Social Services shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount of one thousand dollars or greater.
(B) The department bureau shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
Section 43-5-590. In accordance with a child support plan approved by the federal government, the department Bureau of Social Services has the power and its duty must be to:
(a) require as a condition of eligibility for assistance that the applicant or recipient:
(i) furnish his social security account number or, to the extent permitted by federal law, proof of making application for a social security account number if the applicant or recipient has no social security account number;
(ii) assign to the State the rights to support, including health care expenses, from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services bureau of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department bureau is considered to have been made up to the amount of public assistance money, including Medicaid payments, or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money, including Medicaid payments, paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department bureau is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department bureau has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department bureau and changing the payee of the support to the department bureau upon receipt by the clerk of the notice of assignment.
(iii) cooperate with the department bureau in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant of such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (a) and (b), any aid for which such child is eligible will be provided in the form of protective payments. The department bureau shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child.
(b) Provide for protective payments for any child eligible for assistance when a caretaker relative is ineligible due to the caretaker relative's failure to comply with either subitems (1) or (2) of item (a) of this section.
(c) Provide that in any case in which the child support payments are collected for a child with respect to whom an assignment has been made pursuant to subitem (ii) of item (a) of this section the payment is made to the department bureau for distribution pursuant to item (g) of this section except for those payments made for any month in which the amount collected is sufficient to make the family ineligible for assistance. The department bureau shall pay the amounts to the recipient consistent with federal laws and regulations. Whenever a family ceases receiving public assistance the assignment pursuant to subitem (ii) of item (a) of this section converts to a nonpublic assistance assignment. However, the nonpublic assistance recipient may submit a written request to have the assignment terminated except with respect to the amount of any unpaid support obligation that has accrued under the assignment. From this amount the department bureau shall attempt to collect the unpaid obligation and distribute the amounts consistent with federal laws and regulations. The department may bureau shall not charge fees or recover costs from support collections and shall pay all amounts collected which represent monthly support payment and arrearage owed to the family. The department bureau shall continue to provide all appropriate IV-D services and distribute any amounts collected consistent with federal laws and regulations except that the department may bureau shall not require any formal application or impose an application fee but may recover costs consistent with federal laws and regulations pursuant to item (f) of this section.
(d) The department bureau shall create a single and separate organizational unit which is responsible for developing and implementing a federally-approved state plan for child support. The unit shall maintain a parent locator service to locate absent relatives owing or allegedly owing child support, utilizing all sources of information and legally available records and the parent locator service of the federal Department of Health and Human Services by filing in accordance with Section 453(B) of the Social Security Act.
(e) Undertake either directly or pursuant to cooperative arrangements with appropriate courts or law enforcement officials to:
(i) establish paternity of children born out of wedlock with respect to whom an assignment pursuant to subitem (2) of item (a) of this section has been made or with respect to an individual not otherwise eligible pursuant to item (f) of this section;
(ii) secure support for a child with respect to whom such an assignment has been made from any legally responsible relative.
(f) The department bureau shall provide that the support collection or paternity determination services made available to approved applicants for the Aid to Families With Dependent Children Program Temporary Assistance to Needy Families under this section be made available to an individual not receiving assistance under the program who files an application for the services with the department bureau. For an individual not otherwise eligible for these services under the program, a fee and cost may be imposed by the department bureau. The fee and cost must be an amount not to exceed the amount permitted by federal law. The fees and cost recoveries as would cause a reduction in the amount of federal matching funds must be retained by the department bureau to offset, dollar for dollar, the federal reductions. When there is an assignment of the rights to support, the clerk of court shall execute the necessary order substituting the department bureau and changing the payee of the support to the department bureau upon receipt by the clerk of the notice of assignment.
(g) provide for bonus payments to recipients consistent with federal law from amounts collected periodically without any decrease in the amount of assistance;
(h) make incentive payments to political subdivisions consistent with federal law whenever the political subdivision enforces or collects support rights assigned to the department bureau pursuant to subitem (2) of item (a) and item (f) of this section.
(i) construe and implement this section in order to comply with Title IV-D of the federal Social Security Act relating to child support and the establishment of paternity. The department bureau shall take all steps necessary to implement a federally approved state plan for child support.
(j) to provide that in rendering services under the plan to individuals with respect to whom an assignment is effective under this section, the State represents the public interest in establishing and enforcing child support obligations and the assignment does not create an attorney-client relationship between the agency and the custodial parent, the child, or any other party.
Section 43-5-595. (A) Pursuant to Section 43-5-590(d), the department Bureau of Social Services shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department bureau, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department bureau or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.
(2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may bureau shall not charge the department bureau a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information.
(B) An entity that provides information pursuant to this section in good faith reliance upon certification by the department bureau that the information is needed to establish paternity or to establish, modify, or enforce a support obligation is not liable for damages resulting from the disclosure.
(C) An entity that fails to provide the requested information within thirty days of the request may be subject to a civil penalty of $100.00 for each occurrence. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
Section 43-5-596. (A) In the manner and form prescribed by the Office of Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number.
(C) In response to a notice of lien or levy, a financial institution shall encumber or surrender, as the case may be, assets held by the institution on behalf of a noncustodial parent who is subject to a child support lien.
(D) The department bureau shall pay a reasonable fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by the financial institution.
(E) This section remains in effect until the federal mandate requiring the operation of a financial institution data match is repealed.
Section 43-5-597. (A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 43-5-595(A)(2), is not liable to a person for disclosure of information to the Department Bureau of Social Services, its designee, or the department's bureau's or designee's employees under Section 43-5-596 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department bureau, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 43-5-595 and 43-5-596.
(B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 43-5-595 and 43-5-596, the department bureau, its designee, or the department's bureau's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.
(C) If the department bureau, its designee, or the department's bureau's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department bureau, its designee, or the department's bureau's or designee's employees in a district court of the United States.
(D) No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B).
(E) In an action brought under subsection (C), upon a finding of liability on the part of the defendant, the defendant is liable to the plaintiff in an amount equal to the sum of:
(1) the greater of:
(a) one thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable; or
(b) the sum of:
(i) the actual damages sustained by the plaintiff as a result of the unauthorized disclosure; and
(ii) in the case of a wilful disclosure or a disclosure which is the result of gross negligence, punitive damages; and
(2) the costs, including attorney fees, of the action.
Section 43-5-598. (A) As used in this section:
(1) 'Business day' means a day on which state offices are open for regular business.
(2) 'Date of hire' means the first day the employee works for which the employee is entitled to compensation from the payor of income.
(3) 'Department Bureau or 'Bureau of Social Services' means the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, or its designee.
(4) 'Employer' includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that:
(a) if the person for whom the individual performs services does not have control of the payment of wages for the services, the term 'employer' means the person having control of the payment of wages; and
(b) in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term 'employer' means that person.
(5) 'Labor organization' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are 'labor organizations' to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act.
(6) 'New hire' includes an individual newly employed or an individual who has been rehired or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) By October 1, 1998, the department bureau shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire.
(C) Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain:
(1) the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and
(2) the employee's name, address, and social security number.
(D) For purposes of this section, an employer must not report information on an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(E) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.
(F) Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department bureau.
(G) If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than:
(1) twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or
(2) five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
(H) Information must be entered into the data base maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C).
(I) No later than May 1, 1998, the department bureau shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department bureau.
(J) When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an individual in the records of the State Case Registry, the state directory of new hires shall provide the department bureau with the information reported by the employer pursuant to subsection (C).
(K) Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department bureau shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Section 20-7-1315.
(L) Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.
(M) The state directory of new hires shall include reports received from the Employment Security Commission pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations.
(N) Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes:
(1) The department bureau shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department bureau to carry out these purposes.
(2) The department bureau shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs:
(a) Temporary Assistance for Needy Families;
(b) Medicaid under Title XIX of the Social Security Act;
(c) food stamps;
(d) unemployment compensation benefits; and
(e) any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.
(3) The Employment Security Commission shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program.
(4) The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program.
(O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure.
(P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed.
Section 43-5-600. Monies due from or payable by this State, including any agency, instrumentality, or authority of the State, and due to any individual is subject, in like manner and to the same extent as if the State were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse; provided, however, that Section 41-35-140 shall control in cases concerning the South Carolina Employment Security Commission.
Section 43-5-610. (A) A State Case Registry must be maintained in the department Bureau of Social Services that contains records with respect to:
(1) each case in which services are being provided by the department bureau pursuant to Title IV-D of the Social Security Act; and
(2) each support order established or modified in the State after September 30, 1998.
(B) These records shall include standardized data elements for both parents or guardian including names, social security numbers and other uniform identification numbers, dates of birth, and case identification numbers, and contain other information as state and federal regulations may require.
(C) Any records maintained pursuant to this section are available only to the Office of Child Support Enforcement Division of the Department bureau, public welfare offices, central registries in other states, the Federal Parent Locator Service, offices of the clerks of court, and courts having jurisdiction in support or abandonment proceedings or actions and only for the purposes for which the records have been maintained.
(D) This section remains in effect until the federal mandate requiring a state case registry is repealed.
Section 43-5-620. (a) The director or his designees, in writing, shall have access to all records and the departments, in cooperation with all other departments of the executive branch, shall establish a single uniform system of information clearance and retrieval, wherever possible.
(b) The bureau office of employment security shall provide the department Bureau of Social Services with a statement of earnings clearance upon the request of the department bureau.
(c) Upon request of the department bureau, the Department of Motor Vehicles Division of the Department of Public Safety shall provide information as to all vehicles owned by the applicant or recipient.
(d) With the exception of the access provided by subsections (b) and (c), the provisions of subsection (a) may shall not be construed to give the department bureau access to information which would otherwise be considered privileged or confidential pursuant to state or federal law.
Section 43-5-630. For purposes of determining eligibility for assistance, the income received by individuals employed on a contractual basis may be prorated over the period of the contract or intermittent income received quarterly, semi-annually, or yearly may be prorated over the period covered by the income."
SECTION 11. Article 9, Chapter 5, Title 43 of the 1976 Code is amended to read:
Section 43-5-1105. It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions.
Section 43-5-1110. As used in this article:
(1) 'Family Independence' or 'Aid to Families with Dependent Children' 'Temporary Assistance to Needy Families' or 'FI' or 'AFDC' or 'TANF' means cash payments or stipends paid to individuals who meet established eligibility criteria.
(2) 'Department Bureau' means the South Carolina State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
(3) 'Welfare' means cash assistance payments through the Family Independence program formerly known as the Aid to Families with Dependent Children Temporary Assistance to Needy Families program which must be provided as a stipend to assist families to become employed.
Section 43-5-1115. It is the mandate of the General Assembly that the welfare system in South Carolina be restructured to assist families in poverty to become socially and economically independent. It is the purpose and goal of this legislation to establish the reform of the welfare system as a critical priority for the State and all of its agencies. Cooperation and innovation within and among all state agencies is necessary for the achievement of this goal. The office of the governor shall designate the lead agency for purposes of coordination and the avoidance, where practical, of duplication of services. The State Department Bureau of Social Services is mandated to fundamentally change its economic services operation to emphasize employment and training with a minor welfare component. To that end, the department bureau shall expand its employment and training program statewide and shall, to the extent possible, coordinate with the existing resources of other state agencies when they are available and it is cost efficient to do so. The agency shall assist welfare recipients to maximize their strengths and abilities to become gainfully employed. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.
Section 43-5-1120. (A) To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers who pay for welfare, an agreement must be signed by each adult AFDC Temporary Assistance to Needy Families recipient. If a minor mother is living in the home of her parents or guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the actions the recipient must take to become employed and the time frames for completing these actions. The agreement also shall describe the services the department Bureau of Social Services shall provide or coordinate to assist the recipient in becoming employed. The department bureau shall place a major emphasis on job development and on maximizing employment opportunities within the State. Assistance must be provided by the department's bureau's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs. Assistance also shall include job clubs, job coaches, financial planners, and personal, social, and work adjustment training specialists and authorizes the department bureau to locate, identify, and contract for employment for and on behalf of AFDC Temporary Assistance to Needy Families recipients.
(B) An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's bureau's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be enrolled in a job club or referred for evaluation or assessment or other services conducive to employment. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job-ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection 'job club' means a group or individual job readiness training session where participants learn job finding and job retention skills.
(C) All services provided shall complement and maximize existing resources within state agencies and within the private business community. Services to be provided or coordinated by the department bureau include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews and successful employment. The department bureau shall provide information to applicants and recipients regarding the advantages of participation in the employment and training programs. The department bureau also shall market its training and employment program to education and training program providers and to employers.
(D) The department bureau through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff to actively seek the participation of employers or potential employers in an agreement which permits an AFDC Temporary Assistance to Needy Families recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services from a provider of the AFDC Temporary Assistance to Needy Families recipient's choice without fear of losing their job or of other reprisals.
Section 43-5-1125. (A) To emphasize the necessity of each family achieving independence and self-sufficiency, if an AFDC Temporary Assistance to Needy Families recipient fails without good cause to comply with the employment and training requirements contained in the agreement entered into between the recipient and the State Department Bureau of Social Services, the department bureau shall:
(1) grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal the department's bureau's decision to impose sanctions. At the end of this thirty-day period if the conciliation/fair hearing decision was not in the recipient's favor, all AFDC Temporary Assistance to Needy Families benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates willingness to comply by participating in the employment and training program for a period of thirty days;
(2) terminate all AFDC Temporary Assistance to Needy Families benefits if the recipient completes the training requirements contained in the agreement and then refuses an offer of employment.
(B) A recipient is not required to comply with the employment and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education are required to comply with these provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and if the department bureau considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been verified by a physician and, if the department bureau considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation;
(5) unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.
Section 43-5-1130. To emphasize the importance of education, training, and employment in restructuring the welfare system, the department bureau shall establish goals for the placement and retention of AFDC Temporary Assistance to Needy Families recipients in employment programs for each county welfare office. These goals must be reflected in the Employee Performance Evaluation of all appropriate department bureau employees.
Section 43-5-1135. Each agency which is a member of the South Carolina Retirement System shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with family independence or food stamp recipients. A question concerning receipt of family independence benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the South Carolina Department Bureau of Social Services the number of family independence and food stamp recipients employed in comparison to the established goal.
Section 43-5-1140. The Employment Security Commission shall provide the department Bureau of Social Services up-to-date labor market information to assist department bureau employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's bureau's local offices to assist with career counseling and career planning activities. To the extent possible, all other state agencies shall provide the department bureau with access to appropriate economic and demographic data concerning AFDC Temporary Assistance to Needy Families applicants and recipients.
Section 43-5-1145. To maximize employment opportunities for welfare recipients and to provide for additional job training and placement efforts, instead of making cash assistance payments to AFDC Temporary Assistance to Needy Families recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department bureau.
Section 43-5-1150. To expand available job training activities for AFDC Temporary Assistance to Needy Families recipients, the Governor may target future incentive funds under Title II-A of the Job Training and Partnership Act in such a way as to encourage the service delivery areas and local private industry councils to increase service levels and improve performance outcomes related to services to AFDC Temporary Assistance to Needy Families recipients.
Section 43-5-1155. The Department Bureau of Social Services shall seek funds for entrepreneurial development so that AFDC Temporary Assistance to Needy Families (TANF) clients can create jobs and provide incentives for AFDC TANF clients in their efforts to attain self-sufficiency and independence. The department bureau shall identify markets for entrepreneurial development for AFDC TANF clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy or earn stock in a business, or, over a period of time, purchase a business. In carrying out this program the department bureau shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide financing, facilities, training, technical assistance, planning, and research to AFDC TANF clients in their efforts to own their own businesses.
Section 43-5-1160. The department Bureau of Social Services may provide, as appropriate, relocation assistance to families who live in communities where few job opportunities exist. Assistance may be provided to assist recipients in accessing jobs which maximize their skills and abilities.
Section 43-5-1165. The department Bureau of Social Services, as part of the employment and training program, shall provide special educational and related services for teen parents to assist them in becoming economically independent and to provide health information. This teen parent initiative must be staffed by department bureau personnel familiar with school dropout programs, family planning programs which comply with existing law, and parent effectiveness training programs, and whenever possible and practical, the department bureau shall coordinate with comparable staff of other state and local agencies in providing these services.
Section 43-5-1170. To emphasize that welfare is temporary assistance in time of trouble, the department Bureau of Social Services shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) (TANF) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when:
(1) the head of household is permanently and totally disabled, whether physical or mental;
(2) the head of household is providing full-time care for a disabled individual in the home;
(3) the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first;
(4) the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director;
(5) the adult head of household is not the parent of the child and is not included in the assistance check;
(6) the adult head of household is providing a home for and caring for a child whom the department bureau has determined to be abandoned by his or her parents and for whom the alternative placement is foster care;
(7) child care or transportation is not reasonably available;
(8) The recipient can establish by clear and convincing evidence to the department bureau that the recipient has fully complied with the recipient's agreement with the department bureau including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed; and the department bureau is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department bureau shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities.
No sooner than sixty and no later than ninety days after an AFDC TANF recipient's benefits are terminated under the time limits for the receipt of AFDC TANF as provided for in this section, the department bureau shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC TANF recipient.
Section 43-5-1175. To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC Temporary Assistance to Needy Families (TANF) benefits to a family as a result of a child born to that parent ten or more months after the family begins to receive AFDC TANF. This section does not apply if the department Bureau of Social Services establishes that the child was conceived as a result of rape or incest. The State may provide benefits to a child born after ten months in the form of vouchers that may be used only to pay for particular goods and services specified by the State as needed for the child's mother to participate in education training and employment related activities.
Section 43-5-1180. AFDC Temporary Assistance to Needy Families recipients must be encouraged to voluntarily participate in a work program when their youngest child reaches the age of six months, but in all cases the recipients must participate in a work program once their youngest child reaches age one.
Section 43-5-1185. As a condition of eligibility for Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department Bureau of Social Services shall coordinate with comparable staff of other state and local agencies in providing these services.
This program must include an alcohol and other drug assessment when it is determined by the department bureau that an assessment is appropriate. The department bureau shall coordinate with the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services, to provide the proper assessment of the recipient and training of the department bureau personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department bureau shall coordinate the services with the Department Bureau of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department bureau.
This program must include a family planning assessment if it is determined by the department bureau that an assessment is appropriate. The department bureau shall coordinate with the Department of Health and Environmental Control to provide the AFDC Temporary Assistance to Needy Families family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion.
Section 43-5-1190. A Family Independence recipient who, while receiving FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing.
Section 43-5-1195. To eliminate restrictions that break up families and to encourage the formation of new families, the department bureau shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
Section 43-5-1200. One licensed vehicle per licensed driver is exempt from the asset limit for Family Independence participants in work or training. The asset limit for all other assets is two thousand five hundred dollars.
Section 43-5-1205. In order to assist AFDC Temporary Assistance to Needy Families families in gaining financial independence and in building for the future, the Department Bureau of Social Services shall apply to the federal government for a waiver allowing the State to exclude interest income and dividends up to four hundred dollars in determining eligibility and payment amounts for Aid to Families with Dependent Children Temporary Assistance to Needy Families.
Section 43-5-1210. To remove the disincentive to employment that occurs when a family's AFDC Temporary Assistance to Needy Families payment is reduced because of a minor child's earnings and to encourage children in AFDC TANF families to develop positive work attitudes, the State shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for Aid to Families with Dependent Children TANF.
Section 43-5-1215. Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.
Section 43-5-1220. (A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC Temporary Assistance to Needy Families benefits unless:
(1) the minor parent has no living parent or legal guardian whose whereabouts is known;
(2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;
(3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC TANF;
(4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;
(5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.
(B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department Bureau of Social Services shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC Temporary Assistance to Needy Families must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC TANF eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department bureau shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.
Section 43-5-1225. In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department Bureau of Social Services, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and Medicaid eligibility.
Section 43-5-1230. To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.
Section 43-5-1235. To assist AFDC Temporary Assistance to Needy Families families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:
(1) provide greater access to and place more emphasis on early and continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school dropout programs and parent effectiveness training programs;
(4) promote counseling and education about early childhood health, especially the need for immunizations;
(5) foster better access to preventive health services through expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.
Section 43-5-1240. (A) Subject to federal waiver, the department Bureau of Social Services shall provide transitional Medicaid and child care for a maximum of two years for AFDC Temporary Assistance to Needy Families clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four-month time limit provided for in Section 43-5-1170. For individuals who become employed after a period of ineligibility due to exceeding the twenty-four-month time limit provided for in Section 43-5-1170, earnings must be less than poverty and continued employment must be jeopardized by medical expenditures to be eligible for transitional Medicaid and child care in the second year.
(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan.
Section 43-5-1245. All federal child care funds are needed to ensure that AFDC Temporary Assistance to Needy Families families can participate successfully in the AFDC TANF program. The State should make every effort to obtain these funds.
Section 43-5-1250. To promote independence and assist AFDC Temporary Assistance to Needy Families families in participating in the Department Bureau of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department bureau in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.
Section 43-5-1255. The Department Bureau of Social Services in conjunction with the Department of Education shall:
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC TANF clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC TANF clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
Section 43-5-1260. (A) The Department Bureau of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC Temporary Assistance to Needy Families clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services bureau and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC TANF families served, and shall evaluate their effectiveness in assisting AFDC TANF families in becoming self-sufficient.
Section 43-5-1265. The Department Bureau of Social Services, with existing resources and personnel, shall develop simplified AFDC Temporary Assistance to Needy Families, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department bureau shall apply to the federal government for waivers.
Section 43-5-1270. The State shall apply for a federal waiver to require AFDC Temporary Assistance to Needy Families and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and any known licenses as defined in Section 20-7-941(4) which might be subject to revocation; and
(2) at least two of the following subitems on each absent parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's name and address.
An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the Department Bureau of Social Services verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent.
Upon legal establishment of paternity of the child in question, AFDC Temporary Assistance to Needy Families benefits may be established or reinstated if all other eligibility requirements are met.
Section 43-5-1275. As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of Research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC Temporary Assistance to Needy Families clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.
Section 43-5-1280. The Department Bureau of Social Services and the Department of Health and Human Services Finance Commission Bureau of Medicaid Services shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC Temporary Assistance to Needy Families clients and child care and transportation providers to AFDC TANF clients.
Section 43-5-1285. On or about August 31, 1996, and every two years thereafter the Legislative Audit Council shall evaluate and report to the General Assembly on the success and effectiveness of the policies and programs created in this act. In conducting this evaluation the council shall identify the number of AFDC Temporary Assistance to Needy Families families and individuals no longer receiving welfare, the number of individuals who have completed educational, employment, or training programs under this act, the number of individuals who have become employed and the duration of their employment, and other data and information the council considers appropriate in reporting to the General Assembly on the effectiveness of this act."
SECTION 12. Section 20-4-160 of the 1976 Code, as added by Act 91 of 2001 is amended to read:
"Section 20-4-160. (A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.
(B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:
(1) have been in operation on the preceding July 1 and continue to be in operation; and
(2) offer the following services:
(a) a twenty-four hour hotline;
(b) transportation services;
(c) community education programs;
(d) daytime services, including counseling; and
(e) other criteria as may be established by the department bureau.
(C) The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department bureau for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."
SECTION 13. Section 20-7-30 of the 1976 Code is amended by adding at the end:
"(10) 'Bureau' or 'Bureau of Social Services' means the Bureau of Social Services in the Department of Health and Human Services, Division of Human Services."
SECTION 14. Section 20-7-85 of the 1976 Code is amended to read:
"Section 20-7-85. (A) A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of an infant who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the person does not intend to return for the infant. The hospital or hospital outpatient facility must perform any act necessary to protect the physical health or safety of the infant. The person leaving the infant is not required to disclose his or her identity.
(B)(1) The hospital or hospital outpatient facility must offer the person leaving the infant information concerning the legal effect of leaving the infant with the hospital or hospital outpatient facility.
(2) The hospital or hospital outpatient facility must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the Department Bureau of Social Services. This information includes, but is not limited to, information concerning the use of a controlled substance by the infant's mother, provided that information regarding the use of a controlled substance by the infant's mother shall not be admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department Bureau of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department bureau.
(3) Any identifying information disclosed by the person leaving the infant must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department bureau. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department bureau must maintain confidentiality of this information in accordance with Section 20-7-690.
(C) Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of an infant pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department bureau that it has taken temporary physical custody of the infant. The department bureau shall have legal custody of the infant immediately upon receipt of the notice. The department bureau must assume physical control of the infant as soon as practicable upon receipt of the notice, but no later than twenty-four hours after receiving notice that the infant is ready for discharge from the hospital or hospital outpatient facility. Assumption of custody by the department bureau pursuant to this subsection does not constitute emergency protective custody, and the provisions of Section 20-7-610 do not apply. The department bureau is not required to initiate a child protective services investigation solely because an infant comes into its custody under this subsection.
(D) Immediately after receiving notice from the hospital or hospital outpatient facility, the department bureau must contact the South Carolina Law Enforcement Division for assistance in assuring that the infant left at the hospital or hospital outpatient facility is not a missing infant. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department bureau if a missing infant report is received that might relate to the infant left at the hospital or hospital outpatient facility.
(E)(1) Within forty-eight hours after taking legal custody of the infant, the department bureau must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the infant is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the infant was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2). The notice and the news release must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing. If the person leaving the infant identified anyone as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.
(2) Within forty-eight hours after obtaining legal custody of the infant, the department bureau must file a petition alleging that the infant has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the infant in the home of the parent or parents would be contrary to the welfare of the infant, and that termination of parental rights is in the best interest of the infant. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department bureau takes legal custody of the infant. This hearing shall be the permanency planning hearing for the infant. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department bureau.
(F) The act of leaving an infant with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the infant has been abused or neglected for purposes of Department bureau of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of an infant is an issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the infant or acted in concert with the person leaving the infant.
(G) A person who leaves an infant at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:
(1) the person is a parent of the infant or is acting at the direction of a parent;
(2) the person leaves the infant in the physical custody of an employee of the hospital or hospital outpatient facility; and
(3) the infant is not more than thirty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty days old.
This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.
(H) A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.
(I) The department bureau, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section.
(J) For purposes of this section, 'infant' means a person not more than thirty days old."
SECTION 15. Section 20-7-110(3) of the 1976 Code is amended to read:
"(3) The interests of the State and the Department Bureau of Social Services must be represented by the legal representatives of the Department bureau of Social Services in any judicial proceeding."
SECTION 16. Items (41) and (43) of Section 20-7-420 of the 1976 Code are amended to read:
"(41) To order a person required to pay support under a court order being enforced under Title IV-D of the Social Security Act who is unemployed or underemployed and who is the parent of a child receiving AFDC TANF benefits to participate in an employment training program or public service employment pursuant to regulations promulgated by the department Bureau of Social Services. The Division Office of Child Support Enforcement of in the State Department Bureau of Social Services also has jurisdiction under this item in cases under Title IV-D of the Social Security Act brought pursuant to Article 32, Chapter 7, Title 20 of the 1976 Code.
(43) To enforce an administrative subpoena or subpoena duces tecum issued by the Department Bureau of Social Services pursuant to Section 20-7-9575 and to enforce fines assessed by the department bureau pursuant to Sections 20-7-9575, 43-5-595(C), and 43-5-598(G)."
SECTION 17. Article 7, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-480. (A) Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice. Child Welfare Services must be based on these principles:
(1) Parents have the primary responsibility for and are the primary resource for their children.
(2) Children should have the opportunity to grow up in a family unit if at all possible.
(3) State and community agencies have a responsibility to implement prevention programs aimed at identifying high risk families and to provide supportive intervention to reduce occurrence of maltreatment.
(4) Services for families should be accessible and designed to encourage and enable families to adequately deal with their problems within their own family system.
(5) All child welfare intervention by the State has as its primary goal the welfare and safety of the child.
(6) Child welfare intervention into a family's life should be structured so as to avoid a child's entry into the protective service and foster care systems if at all possible.
(7) The state's child welfare system must be designed to be child-centered, family-focused, community-based, and culturally competent in its prevention and protection efforts.
(8) Neighborhoods and communities are the primary source of opportunities and supports for families and have a primary responsibility in assuring the safety and vitality of their members.
(9) The Department Bureau of Social Services shall collaborate with the community to identify, support, and treat families in a non-threatening manner, in both investigative and family assessment situations.
(10) A family assessment approach, stressing the safety of the child, building on the strengths of the family, and identifying and treating the family's needs is the appropriate approach for cases not requiring law enforcement involvement or the removal of the child.
(11) Only a comparatively small percentage of current child abuse and neglect reports are criminal in nature or will result in the removal of the child or alleged perpetrator.
(12) Should removal of a child become necessary, the state's foster care system must be prepared to provide timely and appropriate placements for children with relatives or in licensed foster care settings and to establish a plan which reflects a commitment by the State to achieving permanency for the child within reasonable timelines.
(13) The Department of Social Services bureau staff who investigates serious child abuse and neglect reports with law enforcement must be competent in law enforcement procedures, fact finding, evidence gathering, and effective social intervention and assessment.
(14) Services should be identified quickly and should build on the strengths and resources of families and communities.
(B) It is the purpose of this article to:
(1) acknowledge the different intervention needs of families;
(2) establish an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate;
(3) ensure permanency on a timely basis for children when removal from their homes is necessary;
(4) establish fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members; and
(5) establish an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them.
Section 20-7-490. When used in this article, or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:
(1) 'Child' means a person under the age of eighteen.
(2) 'Child abuse or neglect', or 'harm' occurs when the parent, guardian, or other person responsible for the child's welfare:
(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
(i) is administered by a parent or person in loco parentis;
(ii) is perpetrated for the sole purpose of restraining or correcting the child;
(iii) is reasonable in manner and moderate in degree;
(iv) has not brought about permanent or lasting damage to the child; and
(v) is not reckless or grossly negligent behavior by the parents.
(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;
(c) fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. However, a child's absences from school may shall not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance, and those efforts were unsuccessful because of the parents' refusal to cooperate. For the purpose of this chapter, 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law;
(d) abandons the child;
(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval; or
(f) has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.
(3) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child daycare facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. If the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child, the department Bureau of Social Services may use information gathered by law enforcement responding to the incident to determine whether to initiate an investigation. If this information is not available within twenty-four hours following receipt of the report, an investigation pursuant to Section 20-7-650 must be initiated.
(4) 'Physical injury' means death or permanent or temporary disfigurement or impairment of any bodily organ or function.
(5) 'Mental injury' means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.
(6) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.
(7) 'Protective services unit' means the unit established within the Department bureau of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.
(8) 'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.
(9) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.
(10) 'Unfounded report' means a report made pursuant to this article for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the department bureau determines otherwise.
(11) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.
(12) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.
(13) 'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.
(14) 'Department Bureau' means the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
(15) 'Child protective investigation' means an inquiry conducted by the department bureau in response to a report of child abuse or neglect made pursuant to this article.
(16) 'Child protective services' means assistance provided by the department bureau as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:
(a) protect the child's safety and welfare; and
(b) maintain the child within the family unless the safety of the child requires placement outside the home.
(17) 'Affirmative determination' means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:
(a) the court;
(b) the Department Bureau of Social Services upon a final agency decision in its appeals process; or
(c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department bureau of Social Services, the court's finding must be the affirmative determination.
(18) 'Court' means the family court.
(19) 'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.
(20) 'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:
(a) consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment;
(b) representing a child in legal actions and to make other decisions of substantial legal significance affecting a child; and
(c) rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.
(21) 'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment, the obligation to provide financial support or other funds for the care of the child, and other residual rights or obligations as may be provided by order of the court.
(22) 'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.
(23) 'Physical custody' means the lawful, actual possession and control of a child.
(24) 'Emergency protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.
Emergency protective custody may be taken only by a law enforcement officer pursuant to this article.
Section 20-7-500. A person seeking assistance in meeting child care responsibilities may use the services and facilities established by this article, including the single statewide telephone number and local child protective services where available. These persons must be referred to appropriate community resources or agencies, notwithstanding whether the problem presented involves child abuse or neglect.
Section 20-7-505. The law enforcement officer upon receipt of a report of domestic violence may report this information to the Department Bureau of Social Services. The department bureau may treat the case as suspected report of abuse and may investigate the case as in other allegations of abuse in order to determine if the child has been harmed.
Section 20-7-510. (A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect.
(B) If a person required to report pursuant to subsection (A) has received information in the person's professional capacity which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency.
(C) Except as provided in subsection (A), any person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section.
(D) Reports of child abuse or neglect may be made orally by telephone or otherwise to the county department of Social Services or to a law enforcement agency in the county where the child resides or is found.
Where reports are made pursuant to this section to a law enforcement agency, the law enforcement agency shall notify the county department of social services of the law enforcement's response to the report at the earliest possible time.
Where a county or contiguous counties have established multicounty child protective services, pursuant to Section 20-7-650, the county department of social services immediately shall transfer reports pursuant to this section to the service.
(E) The identity of the person making a report pursuant to this section must be kept confidential by the agency or department bureau receiving the report and must not be disclosed except as provided for in this chapter.
When the department bureau refers a report to a law enforcement agency for a criminal investigation, the department bureau must inform the law enforcement agency of the identity of the person who reported the child abuse or neglect. The identity of the reporter must only be used by the law enforcement agency to further the criminal investigation arising from the report, and the agency must not disclose the reporter's identity to any person other than an employee of the agency who is involved in the criminal investigation arising from the report. If the reporter testifies in a criminal proceeding arising from the report, it must not be disclosed that the reporter made the report.
When a law enforcement agency refers a report to the department bureau for an investigation or other response, the law enforcement agency must inform the department bureau of the identity of the person who reported the child abuse or neglect. The department bureau must not disclose the identity of the reporter to any person except as authorized by Section 20-7-690.
(F) When a report is referred to the department bureau for an investigation or other response, the department bureau must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department bureau must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.
(G) If the department bureau does not conduct an investigation as a result of information received pursuant to this section, the department bureau must make a record of the information and must classify the record as a Category IV unfounded report in accordance with Section 20-7-650. The department bureau and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report.
Section 20-7-520. A person required under Section 20-7-510(A) to report cases of suspected child abuse or neglect, including workers of the department Bureau of Social Services, who has reason to believe a child has died as the result of child abuse or neglect, shall report this information to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report this information to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his findings to the appropriate law enforcement agency, circuit solicitor's office, the county department of social services and, if the institution making a report is a hospital, to the hospital.
Section 20-7-530. A person required to report under Section 20-7-510 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other medical examinations or tests of the child without the consent of the child's parents or guardians. Copies of all photographs, negatives, radiological, and other medical reports must be sent to the department Bureau of Social Services at the time a report pursuant to Section 20-7-510 is made, or as soon as reasonably possible after the report is made.
Section 20-7-540. A person required or permitted to report pursuant to this article or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed. Immunity under this section extends to full disclosure by the person of facts which gave the person reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect.
Section 20-7-545. An employee, volunteer, or official of the Department Bureau of Social Services required or authorized to perform child protective or child welfare-related functions or an individual with whom the department bureau has contracted to convene family group conferences or a law enforcement officer required or authorized to perform child protective or child welfare related functions is immune from civil or criminal liability which might otherwise result by reason of acts or omissions within the scope of the official duties of the employee, volunteer, convener, officer, or official, as long as the employee, volunteer, convener, officer, or official acted in good faith and was not reckless, wilful, wanton, or grossly negligent. In all such civil or criminal proceedings good faith is rebuttably presumed. This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act.
Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90.
Section 20-7-560. A person required to report a case of child abuse or neglect or a person required to perform any other function under this article who knowingly fails to do so, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Section 20-7-567. (A) It is unlawful to knowingly make a false report of abuse or neglect.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ninety days, or both.
Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department bureau may bring a civil action to recover the costs of the department's bureau's investigation and proceedings associated with the investigation, including attorney's fees. The department bureau also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department bureau.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
Section 20-7-610. (A) A law enforcement officer may take emergency protective custody of a child without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if:
(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;
(2) the child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision; and
(a) in the circumstances of arrest, the parent, parents, or guardian does not consent in writing to another person assuming physical custody of the child;
(b) in the circumstances of a lost child, a search by law enforcement has not located the parent, parents, or guardian.
(B) If the child is in need of emergency medical care at the time the child is taken into emergency protective custody, the officer shall transport the child to an appropriate health care facility. Emergency medical care may be provided to the child without consent, as provided in Section 20-7-290. The parent or guardian is responsible for the cost of emergency medical care that is provided to the child. However, the parent or guardian is not responsible for the cost of medical examinations performed at the request of law enforcement or the department Bureau of Social Services solely for the purpose of assessing whether the child has been abused or neglected unless it is determined that the child has been harmed as defined in this article.
If the child is not in need of emergency medical care, the officer or the department bureau shall transport the child to a place agreed upon by the department bureau and law enforcement, and the department bureau within two hours shall assume physical control of the child and shall place the child in a licensed foster home or shelter within a reasonable period of time. In no case may the child be placed in a jail or other secure facility or a facility for the detention of criminal or juvenile offenders. While the child is in its custody, the department bureau shall provide for the needs of the child and assure that a child of school age who is physically able to do so continues attending school.
(C) When an officer takes a child into emergency protective custody under this section, the officer immediately shall notify the department bureau. The department bureau shall notify the parent, guardian, or other person exercising temporary or permanent control over the child as early as reasonably possible of the location of the child unless there are compelling reasons for believing that disclosure of this information would be contrary to the best interests of the child.
(D) The department bureau shall conduct within twenty-four hours after the child is taken into emergency protective custody by law enforcement or pursuant to ex parte order a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether reasonable means exist for avoiding removal of the child from the home of the parent or guardian or for placement of the child with a relative and means for minimizing the emotional impact on the child of separation from the child's home and family. During this time the department bureau, if possible, shall convene, a meeting with the child's parents or guardian, extended family, and other relevant persons to discuss the family's problems that led to intervention and possible corrective actions, including placement of the child.
(E) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corrective action, the department bureau shall secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. As soon as possible, the department bureau shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant department bureau records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The department bureau must not agree to or acquiesce in a placement if the affidavit or these records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department bureau.
(F) If the department bureau determines after the preliminary investigation that there is probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in imminent and substantial danger, the department bureau may assume legal custody of the child without the consent of the child's parent, guardian, or custodian. The department bureau shall make every reasonable effort to notify the child's parent, guardian, or custodian of the location of the child and shall make arrangements for temporary visitation unless there are compelling reasons why visitation or notice of the location of the child would be contrary to the best interests of the child. The notification must be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this article. Nothing in this subsection authorizes the department bureau to physically remove a child from the care of the child's parent or guardian without an order of the court. The department bureau may exercise the authority to assume legal custody only after a law enforcement officer has taken emergency protective custody of the child or the family court has granted emergency protective custody by ex parte order, and the department bureau has conducted a preliminary investigation pursuant to this section.
(G) If emergency protective custody of the child was taken by a law enforcement officer pursuant to subsection (A), and the department bureau concludes after the preliminary investigation that the child should be returned to the child's parent, guardian, or custodian, the department bureau shall consult with the law enforcement officer who took emergency protective custody unless the department bureau and the law enforcement agency have agreed to an alternative procedure. If the officer objects to the return of the child, the department bureau must assume legal custody of the child until a probable cause hearing can be held. The alternative procedure agreed to by the department bureau and the law enforcement agency may provide that the child must be retained in custody if the officer cannot be contacted, conditions under which the child may be returned home if the officer cannot be contacted, other persons within the law enforcement agency who are to be consulted instead of the officer, or other procedures. If no alternative procedure has been agreed to and the department bureau is unable to contact the law enforcement officer after reasonable efforts to do so, the department bureau shall consult with the officer's designee or the officer's agency.
(H) The period of emergency protective custody may be extended for up to twenty-four additional hours if:
(1) the department bureau concludes that the child is to be placed with a relative or other person instead of taking legal custody of the child;
(2) the department bureau requests the appropriate law enforcement agency to check for records concerning the relative or other person, or any adults in that person's home; and
(3) the law enforcement agency notifies the department bureau that the extension is needed to enable the law enforcement agency to complete its record check before the department's bureau's decision on whether to take legal custody of the child.
(I) If within the twenty-four hours following removal of the child:
(1) the department bureau has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's bureau's taking legal custody of the child; and
(2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department bureau may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement. A probable cause hearing pursuant to subsection (M) shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department bureau. The department bureau must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department bureau shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings. If the placement does not occur as planned within the five-day period, the department bureau immediately must determine whether to assume legal custody of the child and file a petition as provided in subsection (K). The department bureau shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.
(J) If a law enforcement officer clearly states to the department bureau at the time the officer delivers physical control of the child to the department bureau that the child is not to be returned to the home or placed with a relative before a probable cause hearing regardless of the outcome of a preliminary investigation, the department bureau immediately must take legal custody of the child. In this case, at a minimum, the department bureau shall conduct a preliminary investigation as provided in this section within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations concerning return of the child to the home or placement with a relative or other person to the family court at the probable cause hearing or take other appropriate action as provided in this chapter.
(K) The department bureau, upon assuming legal custody of the child, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department bureau shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736 on or before the next working day after initiating the investigation. If a noncustodial parent is not named as a party, the department bureau shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the department bureau before the probable cause hearing that there is not a preponderance of evidence that child abuse or neglect occurred, the department bureau may place physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the department bureau retaining legal custody pending the probable cause hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the department bureau shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative.
(L) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department bureau or the law enforcement agency that took emergency protective custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to subsection (K) must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.
(M) The family court shall schedule a probable cause hearing to be held within seventy-two hours of the time the child was taken into emergency protective custody. If the third day falls upon a Saturday, Sunday, or holiday, the probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, the probable cause hearing may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by video conference at the discretion of the judge. At the probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall determine whether there was probable cause for taking emergency protective custody and for the department bureau to assume legal custody of the child and shall determine whether probable cause to retain legal custody of the child remains at the time of the hearing. At the probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the department's bureau's witnesses as to whether there existed probable cause to effect emergency removal. The hearing on the merits to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within thirty-five days of the date of receipt of the removal petition. At the probable cause hearing, the court shall set the time and date for the hearing on the merits. A party may request a continuance that would result in the hearing being held more than thirty-five days after the petition was filed, and the court may grant the request for continuance only if exceptional circumstances exist. If a continuance is granted, the hearing on the merits must be completed within sixty-five days following receipt of the removal petition. The court may continue the hearing on the merits beyond sixty-five days without returning the child to the home only if the court issues a written order with findings of fact supporting a determination that the following conditions are satisfied, regardless of whether the parties have agreed to a continuance:
(1) the court finds that the child should remain in the custody of the department bureau because there is probable cause to believe that returning the child to the home would seriously endanger the child's physical safety or emotional well-being;
(2) the court schedules the case for trial on a date and time certain which is not more than thirty days after the date the hearing was scheduled to be held; and
(3) the court finds that exceptional circumstances support the continuance or the parties and the guardian ad litem agree to a continuance.
The court may continue the case past the date and time certain set forth in subsection (M) only if the court issues a new order as required in subsection (M).
The court may continue the case because a witness is unavailable only if the court enters a finding of fact that the court cannot decide the case without the testimony of the witness. The court shall consider and rule on whether the hearing can begin and then recess to have the witness' testimony taken at a later date or by deposition. The court shall rule on whether the party offering the witness has exercised due diligence to secure the presence of the witness or to preserve the witness' testimony.
This subsection does not prevent the court from conducting a pendente lite hearing on motion of any party and issuing an order granting other appropriate relief pending a hearing on the merits.
If the child is returned to the home pending the merits hearing, the court may impose such terms and conditions as it determines appropriate to protect the child from harm, including measures to protect the child as a witness.
When a continuance is granted pursuant to this subsection, the family court shall ensure that the hearing is rescheduled within the time limits provided herein and give the hearing priority over other matters pending before the court except a probable cause hearing held pursuant to this subsection, a detention hearing held pursuant to Section 20-7-7215, or a hearing held pursuant to Section 20-7-7415 or 20-7-7605 concerning a child who is in state custody pursuant to Article 30. An exception also may be made for child custody hearings if the court, in its discretion, makes a written finding stating compelling reasons, relating to the welfare of the child, for giving priority to the custody hearing.
(N) An order issued as a result of the probable cause hearing held pursuant to subsection (K) concerning a child of whom the department bureau has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department bureau to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1) the services made available to the family before the department bureau assumed legal custody of the child and how they related to the needs of the family;
(2) the efforts of the department bureau to provide services to the family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the need for the department bureau to assume legal custody;
(4) whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department bureau to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable.
(O) If the court orders the child to remain in the legal custody of the department bureau at the probable cause hearing, the family court may order expedited placement of the child with a relative of the first or second degree. The court shall require the department bureau to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department bureau, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for twenty-four hours to receive the reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this subsection precludes the department bureau from requesting or the court from ordering pursuant to the department's bureau's request either a full study of the relative's home before placement or the licensing or approval of the relative's home before placement.
(P) The family court may order ex parte that a child be taken into emergency protective custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:
(1) the family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and
(2) parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.
(Q) If the court issues such an order, the department bureau shall conduct a preliminary investigation and otherwise proceed as provided in this section.
(R) The department bureau and local law enforcement agencies shall develop written protocols to address issues related to emergency protective custody. The protocols shall cover at a minimum information exchange between the department bureau and local law enforcement agencies, consultation on decisions to assume legal custody, and the transfer of responsibility over the child, including mechanisms and assurances for the department bureau to arrange expeditious placement of the child.
Section 20-7-612. A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department Bureau of Social Services as it investigates a case of suspected child abuse or neglect has authority to take emergency protective custody of the child pursuant to Section 20-7-610 in all counties and municipalities.
Immediately upon taking emergency protective custody, the law enforcement officer shall notify the local office of the department bureau responsible to the county in which the activity under investigation occurred.
The department bureau shall designate by policy and procedure the local department office responsible for procedures required by Section 20-7-610 when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by Section 20-7-610 may be held in the county of the child's residence or the county of the law enforcement officer's jurisdiction.
Section 20-7-616. Notwithstanding any other provision of law, upon request of the department Bureau of Social Services, a criminal justice agency having custody of or access to state or local law enforcement records or county sex offender registries shall provide the department bureau with information pertaining to the criminal history of an adult residing in the home of a child who is named in a report of suspected child abuse or neglect or in a home in which it is proposed that the child be placed. This information shall include conviction data, nonconviction data, arrests, and incident reports accessible to the agency. The department bureau shall not be charged a fee for this service.
Section 20-7-618. (A) A physician or hospital to which a child has been brought for treatment may detain the child for up to twenty-four hours without the consent of the person responsible for the child's welfare if the physician or hospital:
(1) has reason to believe that the child has been abused or neglected;
(2) has made a report to a law enforcement agency and the department Bureau of Social Services pursuant to Section 20-7-510, stating the time the physician notified the agency or department bureau that the child was being detained until a law enforcement officer could arrive to determine whether the officer should take emergency physical custody of the child pursuant to Section 20-7-610; and
(3) has reason to believe that release of the child to the child's parent, guardian, custodian, or caretaker presents an imminent danger to the child's life, health, or physical safety. A hospital must designate a qualified person or persons within the hospital who shall have sole authority to detain a child on behalf of the hospital.
(B) A physician or hospital that detains a child in good faith as provided in this section is immune from civil or criminal liability for detaining the child.
Section 20-7-635. (A) The department Bureau of Social Services is authorized to develop a network of homes and facilities to use for temporary crisis placements for children.
(B) Temporary crisis placements may be made with licensed child welfare agencies including foster homes and residential group facilities. The department bureau also may use volunteers who are screened by the department bureau for the sole purpose of these placements. The screening of volunteer crisis homes shall include Central Registry of Child Abuse and Neglect and criminal history records checks in accordance with Section 20-7-1642. The department bureau shall develop criteria for screening volunteer crisis homes through promulgation of regulations in accordance with the Administrative Procedures Act.
(C) Children in temporary crisis placements are not in the custody of the department bureau and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department bureau. Temporary crisis placements may last no longer than seventy-two hours.
Section 20-7-640. (A) The Department Bureau of Social Services may maintain a toll-free number available to persons throughout the State for the referral of family-related problems, including:
(1) The reporting of known or suspected cases of child abuse or neglect.
(2) Other problems of a nature which may affect the stability of family life.
This telephone service shall operate continuously. Upon receipt of a call involving suspected abuse or neglect, the Department Bureau of Social Services shall transmit the full contents of the report to the appropriate county department office. Immediately upon transmitting the report the department bureau shall destroy the contents of the suspected report. Upon receipt of a call involving other problems of a nature which may affect the stability of family life, the department bureau shall refer the call to the appropriate county department office or other service agency where appropriate.
(B) The department bureau shall have within it a separate organizational unit administered within the department bureau with qualified staff and resources sufficient to fulfill the purposes and functions assigned to it by this article.
(C) The department's bureau's responsibilities shall include, but are not limited to:
(1) assigning and monitoring initial child protection responsibility through periodic review of services offered throughout the State;
(2) assisting in the diagnosis of child abuse and neglect;
(3) coordinating referrals of known or suspected child abuse and neglect;
(4) measuring the effectiveness of existing child protection programs and facilitating research, planning, and program development; and
(5) establishing and monitoring a statewide Central Registry for Child Abuse and Neglect.
(D) The county in which the child resides is the legal place of venue.
(E) The department bureau may promulgate regulations and formulate policies and methods of administration to carry out effectively child protective services, activities, and responsibilities.
(F) The department bureau may contract for the delivery of protective services, family preservation services, foster care services, family reunification services, adoptions services, and other related services or programs. The department bureau shall remain responsible for the quality of the services or programs and shall ensure that each contract contains provisions requiring the provider to deliver services in accordance with departmental bureau policies and state and federal law.
Section 20-7-645. The department Bureau of Social Services shall provide notice of a hearing held in connection with an action filed or pursued under Section 20-7-610, 20-7-736, 20-7-738, 20-7-762, 20-7-764, 20-7-766, or 20-7-1568 to the foster parent, the preadoptive parent, or the relative who is providing care for a child. The notice must be in writing and may be delivered in person or by regular mail. The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action.
Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department Bureau of Social Services in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The department bureau must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department bureau has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department bureau must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director chief of the department bureau, or the director's his designee, for good cause shown, pursuant to guidelines adopted by the department bureau. If the investigation cannot be completed because the department bureau is unable to locate the child or family or for other compelling reasons, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department bureau must make a finding within forty-five days after the investigation is reopened.
This section does not require the department bureau to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.
(D) The department bureau may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department bureau to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department bureau or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at daycare facilities, at the child's home, or at other suitable locations, and in the discretion of the department bureau or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department bureau or law enforcement, or both, must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(F) Reports of child abuse and neglect must be classified in the department's bureau's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department bureau. By the end of the sixty-day time period, suspected reports must be classified as either unfounded or indicated pursuant to the agency's investigation.
(G)(1) Indicated findings must be based upon a finding of the facts available to the department bureau that there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare and all relevant dispositional information.
(2) If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to unfounded and subsection (J) applies.
(3) If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department bureau must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. The department bureau shall not delete from its data system or records information indicating that the person was the subject of the report. The department's bureau's data system and records must clearly record the results of the court or administrative proceeding. If the case record and data system included a designation with the name of the subject of the report indicating that the person committed the abuse or neglect, that designation must be removed following the determination that there is not a preponderance of evidence that the subject of the report committed an act of child abuse or neglect.
(H) All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as unfounded. Unfounded reports must be further classified as Category I, Category II, Category III, or Category IV.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.
(2) Category II unfounded reports are those in which the investigation did not produce a preponderance of evidence that the child is an abused or neglected child.
(3) Category III unfounded reports are those in which an investigation could not be completed because the department bureau was unable to locate the child or family or for some other compelling reason.
(4) Category IV unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department bureau.
(I) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.
(J) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department bureau or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department bureau or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department bureau, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department bureau, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(N) At any time following receipt of a report, the department bureau may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department bureau must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(O) The department bureau must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department bureau concludes that there is a preponderance of evidence that the person committed sexual abuse.
(P) The department bureau is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department bureau into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department bureau must immediately purge information identifying that person as a perpetrator from the registry and from department bureau records as provided in Section 20-7-680(D) and (E).
(R) The department bureau must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department bureau as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department bureau records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department bureau employee available to answer questions.
(S) The department bureau must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department bureau. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department bureau must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's bureau's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department bureau of the finding. When the intake report is of alleged sexual abuse, the department bureau must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department bureau copies of incident reports generated in any case reported to law enforcement by the department bureau and in any case in which the officer responsible for the case knows the department bureau is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department bureau of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department bureau must include in its records copies of incident reports provided under this section and must record the disposition of charges.
(T) The department bureau actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(U) The local office of the department bureau responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.
(V) In all instances, the agency must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department Bureau of Social Services pursuant to this chapter.
Section 20-7-652. (A) Upon receipt of a report that a parent or other person responsible for the welfare of a child will not consent to health care needed by the child, the department Bureau of Social Services shall investigate pursuant to Section 20-7-650. Upon a determination by a preponderance of evidence that adequate health care was withheld for religious reasons or other reasons reflecting an exercise of judgment by the parent or guardian as to the best interest of the child, the department bureau may enter a finding that the child is in need of medical care and that the parent or other person responsible does not consent to medical care for religious reasons or other reasons reflecting an exercise of judgment as to the best interests of the child. The department may bureau shall not enter a finding by a preponderance of evidence that the parent or other person responsible for the child has abused or neglected the child because of the withholding of medical treatment for religious reasons or for other reasons reflecting an exercise of judgment as to the best interests of the child. However, the department bureau may petition the family court for an order finding that medical care is necessary to prevent death or permanent harm to the child. Upon a determination that a preponderance of evidence shows that the child might die or suffer permanent harm, the court may issue its order authorizing medical treatment without the consent of the parent or other person responsible for the welfare of the child. The department bureau may move for emergency relief pursuant to family court rules when necessary for the health of the child.
(B) Proceedings brought under this section must be considered child abuse and neglect proceedings only for purposes of appointment of representation pursuant to Section 20-7-110.
(C) This section does not authorize intervention if the child is under the care of a physician licensed under Chapter 47, Title 40, who supports the decision of the parent or guardian as a matter of reasonable medical judgment.
Section 20-7-655. (A) The purpose of this section is to provide a child protective services appeals process for reports that have been indicated pursuant to Section 20-7-650 and are not being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 20-7-670 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's Bureau of Social Services' fair hearing regulations. This process is available only to the person determined to have abused or neglected the child.
(B) The state director bureau chief shall appoint a hearing officer to conduct a contested case hearing for each case decision appealed. The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director bureau chief or the state director's his designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child.
(C) If a person requests an appeal under this section and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this section is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this section, the department bureau shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this section, the department bureau shall stay the appeal pending the court's decision.
(D) If the department bureau determines that a report of suspected child abuse or neglect is indicated and the department bureau is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 20-7-670 and the department bureau is not taking the case to family court for disposition, the department bureau shall provide notice of the case decision by certified mail to the person determined to have abused or neglected the child. The notice must inform the person of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the department bureau of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the person does not notify the department bureau of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the person and the case decision becomes final.
(E) Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department bureau designated by the state director bureau chief must conduct an interim review of case documentation and the case determination. The interim review may shall not delay the scheduling of the contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's bureau's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.
(F) After a contested case hearing, if the state director bureau chief or the director's his designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's bureau's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the state director bureau chief or the director's his designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director bureau chief or the director's his designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.
(G) An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department bureau. The appellant shall serve a copy of the petition upon the department bureau. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of the department bureau that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.
Section 20-7-660. (A) The Department Bureau of Social Services Protective Services shall inform all persons required to report under this article of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department bureau also, on a continuing basis, shall conduct training programs for department bureau staff and appropriate training for persons required to report under this article.
(B) The department bureau, on a continuing basis, shall inform the public of the nature, problem, and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The department bureau shall encourage families to seek help consistent with Section 20-7-500.
(C) The department bureau, on a continuing basis, shall actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the county department offices.
Section 20-7-670. (A) The Department Bureau of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions, foster homes, and childcare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department Bureau of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department Bureau of Social Services.
(B) Foster homes subject to this section are those which are supervised by or recommended for licensing by the department bureau or by child placing agencies. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department bureau.
(C) The department bureau shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department Bureau of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports.
(E) The Department of Social Services bureau may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department bureau shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.
(F) The Department of Social Services bureau must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department Bureau of Mental Health.
(G) The Department of Social Services bureau has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department Bureau of Social Services in furtherance of the purposes of this section.
(H) The Department Bureau of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department bureau to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department bureau must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process.
Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department bureau must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department Bureau of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's bureau's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department bureau of Social Services must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department bureau records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in department bureau records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department bureau from maintaining an 'indicated case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department bureau from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department bureau records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department bureau other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department bureau from using other information in its records when making decisions associated with administration or delivery of the department's bureau's programs and services.
Section 20-7-690. (A) All reports made and information collected pursuant to this article maintained by the Department Bureau of Social Services and the Central Registry of Child Abuse and Neglect are confidential. A person who disseminates or permits the dissemination of these records and the information contained in these records except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both.
(B) The department bureau is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities:
(1) the ombudsman of the office of the Governor or the Governor's designee;
(2) a person appointed as the child's guardian ad litem, the attorney for the child's guardian ad litem, or the child's attorney;
(3) appropriate staff of the department bureau;
(4) a law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;
(5) a person who is named in a report or investigation pursuant to this article as having abused or neglected a child, that person's attorney, and that person's guardian ad litem;
(6) a child fourteen years of age or older who is named in a report as a victim of child abuse or neglect, except in regard to information that the department bureau may determine to be detrimental to the emotional well-being of the child;
(7) the parents or guardians of a child who is named in a report as a victim of child abuse or neglect;
(8) county medical examiners or coroners who are investigating the death of a child;
(9) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes or duties pursuant to Article 26, Chapter 7, Title 20;
(10) family courts conducting proceedings pursuant to this article;
(11) the parties to a court proceeding in which information in the records is legally relevant and necessary for the determination of an issue before the court, if before the disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of the disclosure, and has limited disclosure to legally relevant information under a protective order;
(12) a grand jury by subpoena upon its determination that access to the record is necessary in the conduct of its official business;
(13) authorities in other states conducting child abuse and neglect investigations or providing child welfare services;
(14) courts in other states conducting child abuse and neglect proceedings or child custody proceedings;
(15) the director or chief executive officer of a child day care facility, child placing agency, or child caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer of the facility or agency against a child served by the facility or agency;
(16) a person or agency with authorization to care for, diagnose, supervise, or treat the child, the child's family, or the person alleged to have abused or neglected the child;
(17) any person engaged in bona fide research with the written permission of the state director bureau chief or the director's his designee, subject to limitations the state director bureau chief may impose;
(18) multidisciplinary teams impaneled by the department bureau or impaneled pursuant to statute;
(19) circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;
(20) prospective adoptive or foster parents before placement;
(21) the Division Bureau for the Review of the Foster Care of Children, Office of the Governor Department of Human Services, Division of Advocacy and Service Coordination, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination.
(22) employees of the Division Bureau for the Review of the Foster Care of Children, Office of the Governor Review and members of local boards when carrying out their duties pursuant to Subarticle 4, Article 13; the department Bureau of Social Services and the division Bureau of Foster Care Review shall limit by written agreement or regulation, or both, the documents and information to be furnished to the local boards.
(23) The Division of Guardian ad Litem Program in the Attorney General's Office for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination.
(C) The department bureau may limit the information disclosed to individuals and entities named in subsection (B)(13), (14), (15), (16), (17), (18), and (20) to that information necessary to accomplish the purposes for which it is requested or for which it is being disclosed. Nothing in this subsection gives to these entities or persons the right to review or copy the complete case record.
(D) When a request for access to the record comes from an individual identified in subsection (B)(5), (6), or (7) or that person's attorney, the department bureau shall review any reports from medical care providers and mental health care providers to determine whether the report contains information that does not pertain to the case decision, to the treatment needs of the family as a whole, or to the care of the child. If the department bureau determines that these conditions exist, before releasing the document, the department bureau shall provide a written notice identifying the report to the requesting party and to the person whose treatment or assessment was the subject of the report. The notice may be mailed to the parties involved or to their attorneys or it may be delivered in person. The notice shall state that the department bureau will release the report after ten days from the date notice was mailed to all parties and that any party objecting to release may apply to the court of competent jurisdiction for relief. When a medical or mental health provider or agency furnishes copies of reports or records to the department bureau and designates in writing that those reports or records are not to be further disclosed, the department bureau must not disclose those documents to persons identified in subsection (B)(5), (6), or (7) or that person's attorney. The department bureau shall identify to the requesting party the records or reports withheld pursuant to this subsection and shall advise the requesting party that he may contact the medical or mental health provider or agency about release of the records or reports.
(E) A disclosure pursuant to this section shall protect the identity of the person who reported the suspected child abuse or neglect. The department bureau also may protect the identity of any other person identified in the record if the department bureau finds that disclosure of the information would be likely to endanger the life or safety of the person. Nothing in this subsection prohibits the department bureau from subpoenaing the reporter or other persons to court for the purpose of testimony if the department bureau determines the individual's testimony is necessary to protect the child; the fact that the reporter made the report must not be disclosed.
(F) The department bureau is authorized to summarize the outcome of an investigation to the person who reported the suspected child abuse or neglect if the person requests the information at the time the report is made. The department bureau has the discretion to limit the information disclosed to the reporter based on whether the reporter has an ongoing professional or other relationship with the child or the family.
(G) The state director bureau chief of the department bureau or the director's his designee may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department's bureau's activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered 'placed in the public domain' when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.
(H) The state director bureau chief or the director's his designee is authorized to prepare and release reports of the results of the department's bureau's investigations into the deaths of children in its custody or receiving child welfare services at the time of death.
(I) Nothing in this section may be construed to waive the confidential nature of the case record, to waive any statutory or common law privileges attaching to the department's bureau's internal reports or to information in case records, to create a right to access under the Freedom of Information Act, or to require the department bureau to search records or generate reports for purposes of the Freedom of Information Act.
(J) The department bureau is authorized to disclose information concerning an individual named in the Central Registry of Child Abuse and Neglect as a perpetrator when screening of an individual's background is required by statute or regulation for employment, licensing, or any other purposes, or a request is made in writing by the person being screened. Nothing in this section prevents the department bureau from using other information in department bureau records when making decisions concerning licensing, employment, or placement, or performing other duties required by this act law. The department bureau also is authorized to consult any department bureau records in providing information to persons conducting pre-placement investigations of prospective adoptive parents in accordance with Section 20-7-1740.
(K) The department bureau is authorized to maintain in its child day care regulatory records information about investigations of suspected child abuse or neglect occurring in child day care facilities.
(1) The department bureau must enter child abuse or neglect investigation information in its regulatory record from the beginning of the investigation and must add updated information as it becomes available. Information in the regulatory records must include at least the date of the report, the nature of the alleged abuse or neglect, the outcome of the investigation, any corrective action required, and the outcome of the corrective action plan.
(2) The department's bureau's regulatory records must not contain the identity of the reporter or of the victim child.
(3) The identity of the perpetrator must not appear in the record unless the family court has confirmed the department's bureau's determination or a criminal prosecution has resulted in conviction of the perpetrator.
(4) Nothing in this subsection may be construed to limit the department's bureau's authority to use information from investigations of suspected child abuse or neglect occurring in child day care facilities to pursue an action to enjoin operation of a facility as provided in Article 13, Subarticle 11.
(5) Record retention provisions applicable to the department's bureau's child protective services case records are not applicable to information contained in regulatory records concerning investigations of suspected child abuse or neglect occurring in child day care facilities.
(L) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655.
(M) The department bureau may disclose to participants in a family group conference relevant information concerning the child or family or other relevant information to the extent that the department bureau determines that the disclosure is necessary to accomplish the purpose of the family group conference. Participants in the family group conference must be instructed to maintain the confidentiality of information disclosed by the agency.
Section 20-7-695. (A) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, records concerning unfounded reports must be retained and disclosed as provided in this section.
(B) The alleged perpetrator in an unfounded report who has reason to believe that the report was made maliciously or in bad faith has the right to request in writing that records of the report be retained by the department Bureau of Social Services for up to two years from the date of the case decision. The written request must be received by the department bureau within thirty days of the person's receiving notice of the case decision. A person exercising this right may request a copy of the record of the unfounded case and the department bureau shall provide a copy of the record, subject to subsection (C).
(C) The department bureau shall disclose to persons exercising the rights afforded them under this section whether the report was made anonymously. However, the identity of a reporter must not be made available to the person except by order of the family court.
(D) An alleged perpetrator in an unfounded case who believes the report was made maliciously or in bad faith may petition the family court to determine whether there is probable cause to believe that the reporter acted maliciously or in bad faith. The court shall determine probable cause based on an in camera review of the case record and oral or written argument, or both. If the court finds probable cause, the identity of the reporter must be disclosed to the moving party.
(E) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, a court conducting civil or criminal proceedings resulting from disclosures authorized by this section may order the department bureau to release the record to any party to the case or the law enforcement."
SECTION 18. Subarticle 1 of Article 9, Chapter 7, Title 20 are amended to read:
Section 20-7-736. (A) The family court has exclusive jurisdiction over all proceedings held pursuant to this article.
(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the department Bureau of Social Services, the department bureau may petition the family court to remove the child from custody of the parent, guardian, or other person legally responsible for the child's welfare if the department bureau determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be safely maintained in the home in that he cannot be protected from unreasonable risk of harm affecting the child's life, physical health, safety, or mental well-being without removal. If a noncustodial parent is not named as a party in the removal petition, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section.
(C) The petition shall contain a full description of the reasons why the child cannot be protected adequately in the custody of the parent or guardian, including facts supporting the department's bureau's allegation that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed, a description of the condition of the child, any previous efforts to work with the parent or guardian, in-home treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards placement of the child in an alternative setting. The petition also shall contain a statement of the harms the child is likely to suffer as a result of removal and a description of the steps that will be taken to minimize the harm to the child that may result upon removal.
(D) Whether or not the petition for removal includes a petition for termination of parental rights, the petition shall contain a notice informing the parents of the potential effect of the hearing on their parental rights and a notice to all interested parties that objections to the sufficiency of a placement plan, if ordered, or of any recommendations for provisions in the plan or court order must be raised at the hearing. The notice must be printed in boldface print or in all upper case letters and set off in a box.
If the petition includes a petition for termination of parental rights, the notice shall state: 'As a result of this hearing, you could lose your rights as a parent'.
If the petition does not include a petition for termination of parental rights, the notice shall state: 'At this hearing the court may order a treatment plan. If you fail to comply with the plan, you could lose your rights as a parent'.
(E) Upon receipt of a removal petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the date of receipt to determine whether removal is necessary. The parties to the petition must be served with a summons and notices of right to counsel and the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.
(F) The court shall not order that a child be removed from the custody of the parent or guardian unless the court finds that the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed.
(G) It is presumed that a newborn child is an abused or neglected child as defined in Section 20-7-490 and that the child cannot be protected from further harm without being removed from the custody of the mother upon proof that:
(1) a blood or urine test of the child at birth or a blood or urine test of the mother at birth shows the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant, or
(2) the child has a medical diagnosis of fetal alcohol syndrome; and
(3) a blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant, or
(4) another child of the mother has the medical diagnosis of fetal alcohol syndrome.
This presumption may be rebutted by proof that the father or another adult who will assume the role of parent is available and suitable to provide care for the child in the home of the mother. The father or the other adult must be made a party to the action and subject to the court's order establishing the conditions for maintaining the child in the mother's home. This statutory presumption does not preclude the court from ordering removal of a child upon other proof of alcohol or drug abuse or addiction by the parent or person responsible for the child who has harmed the child or threatened the child with harm.
(H) The petition for removal may include a petition for termination of parental rights.
(I) If the court removes custody of the child, the court's order shall contain a finding by the court of whether reasonable efforts were made by the department bureau to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1) the services made available to the family before the removal of the child and how they related to the needs of the family;
(2) the efforts of the agency to provide these services to the family before removal;
(3) why the efforts to provide services did not eliminate the need for removal; and
(4) whether the efforts to eliminate the need for removal were reasonable including, but not limited to, whether they were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances. If the department's bureau's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable.
Section 20-7-738. (A) Upon investigation of a report under Section 20-7-650 or at any time during the delivery of services by the department Bureau of Social Services, the department bureau may petition the family court for authority to intervene and provide protective services without removal of custody if the department bureau determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.
(B) The petition shall contain a full description of the basis for the department's bureau's belief that the child cannot be protected adequately without department bureau intervention, including a description of the condition of the child, any previous efforts by the department bureau to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards intervention and protective services.
(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the filing date of receipt to determine whether intervention is necessary.
The parties to the petition must be served with a summons and notices of right to counsel and of the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.
(D) Intervention and protective services must not be ordered unless the court finds that the allegations of the petition are supported by a preponderance of the evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and the child cannot be protected from further harm without intervention.
Section 20-7-745. Service of summons and any process of the court shall be made as provided by law for service in the court of common pleas. Provided, that if the judge is satisfied that it is impracticable to serve personally the summons or the process, he may order service by registered or certified mail, addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight hours before the time fixed in the summons or process for the return thereof.
Service of summons, process or notice required by this chapter may be made by any suitable person under the direction of the court, and upon request of the court shall be made by any peace officer.
Section 20-7-750. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons or process cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into custody of the court, a warrant may be issued for the child, parent or guardian of the child, or any person who may have control or possession of the child, to immediately bring the child before the court.
Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children Temporary Assistance to Needy Families;
(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's and family's needs.
(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires.
Section 20-7-755. All cases of children must be dealt with as separate hearings by the court and without a jury. The hearings must be conducted in a formal manner and may be adjourned from time to time. The general public must be excluded and only persons the judge finds to have a direct interest in the case or in the work of the court may be admitted. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child.
Section 20-7-760. Hearings shall be conducted in accordance with the rules of court, and the court may consider and receive as evidence the result of any investigation had or made by the probation counselor; provided, that however, either party shall be entitled to examine the probation counselor under oath thereon. The court may adjourn the hearing from time to time for proper cause. Where a petitioner's needs are so urgent as to require it, the court may make a temporary order for support pending a final determination.
Section 20-7-762. (A) At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.
(B) The plan must be prepared by the department Bureau of Social Services and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department bureau shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.
(C) Unless services are to terminate earlier, the department bureau shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:
(1) what services have been offered to or provided to the parents;
(2) whether the parents are satisfied with the delivery of services;
(3) whether the department bureau is satisfied with the cooperation given to the department bureau by the parents;
(4) whether additional services should be ordered and additional treatment goals established; and
(5) the date when treatment goals must be achieved and court jurisdiction ends.
The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services.
Section 20-7-763. (A) When this chapter requires the department Bureau of Social Services to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's health and safety must be the paramount concern.
(B) The family court may rule on whether reasonable efforts to preserve or reunify a family should be required in hearings regarding removal of custody, review of amendments to a placement plan, review of the status of a child in foster care, or permanency planning.
(C) The family court may authorize the department bureau to terminate or forego reasonable efforts to preserve or reunify a family when the records of a court of competent jurisdiction show or when the family court determines that one or more of the following conditions exist:
(1) the parent has subjected the child to one or more of the following aggravated circumstances:
(a) severe or repeated abuse;
(b) severe or repeated neglect;
(c) sexual abuse;
(d) acts that the judge may find constitute torture; or
(e) abandonment;
(2) the parent has been convicted of or pled guilty or nolo contendere to murder of another child of the parent, or an equivalent offense, in this jurisdiction or another;
(3) the parent has been convicted of or pled guilty or nolo contendere to voluntary manslaughter of another child of the parent, or an equivalent offense, in this jurisdiction or another;
(4) the parent has been convicted of or pled guilty or nolo contendere to aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter pursuant to item (1), (2), or (3), or an equivalent offense, in this jurisdiction or another;
(5) physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting (a) an offense against the person as provided for in Title 16, Chapter 3, (b) criminal domestic violence as defined in Section 16-25-20, (c) criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or (d) the common law offense of assault and battery of a high and aggravated nature, or an equivalent offense in another jurisdiction;
(6) the parental rights of the parent to a sibling of the child have been terminated involuntarily;
(7) other circumstances exist that the court finds make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the permanent plan for the child.
(D) The department bureau may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.
(E) If the family court's decision that reasonable efforts to preserve or reunify a family are not required results from a hearing other than a permanency planning hearing, the court's order shall require that a permanency planning hearing be held within thirty days of the date of the order.
(F) In determining whether to authorize the department bureau to terminate or forego reasonable efforts to preserve or reunify a family, the court must consider whether initiation or continuation of reasonable efforts to preserve or reunify the family is in the best interests of the child.
Section 20-7-764. (A) If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within ten days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party. The plan must be a written document prepared by the department Bureau of Social Services. To the extent possible, the plan must be prepared with the participation of the parents or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan.
(B) The placement plan shall include, but is not limited to:
(1) the specific reasons for removal of the child from the custody of the parent or guardian and the changes that must be made before the child may be returned, including:
(a) the nature of the harm or threatened harm that necessitated removal, a description of the problems or conditions in the home that caused the harm or threatened harm, and the reason why the child could not be protected without removal;
(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that necessitated removal, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished. The objectives stated in this part of the plan must relate to problems and circumstances serious enough to justify removal. The plan must be oriented to correcting these problems and circumstances in the shortest possible time in order to expedite the child's return to the home;
(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions;
(2) other conditions in the home that warrant state intervention, but would not alone have been sufficient to warrant removal, and the changes that must be made in order to terminate intervention, including:
(a) the nature of the harm or threatened harm that justifies state intervention and a description of the problems or conditions of the home that caused the harm or threatened harm;
(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that caused the harm or threatened harm, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished;
(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions;
(3) the social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the minimum number and frequency of contacts a caseworker with the department bureau must have with the child while in foster care. For a child placed in foster care within this State, the caseworker must meet with the child, at a minimum, once a month, but based upon the particular needs and circumstances of the individual child, more frequent contacts may be ordered by the court;
(4) the financial responsibilities and obligations, if any, of the parents or guardian for the support of the child during the placement;
(5) the visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the placement. The plan shall provide for as much contact as is reasonably possible and consistent with the best interests of the child between the child and the child's parents, guardian, siblings, and other appropriate relatives with whom the child has a close relationship including visitation and participation of the parents or guardian in the care of the child while the child is in placement;
(6) the nature and location of the placement of the child unless it is determined that disclosure of the location of the placement to the parents, guardian, or any other person would be contrary to the best interest of the child. In making its determination of whether disclosure of the location of the placement is in the best interest of the child, the department bureau must consider evidence of sexual abuse, physical abuse, or substance abuse by an adult living in the child's home or evidence of criminal domestic violence in the child's home. When disclosure of the location of the placement is determined to be contrary to the best interest of the child, disclosure must not be made to the abusing party or to any member of the abusing party's household. The placement must be as close to the child's home as is reasonably possible, unless placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and has a constructive and caring relationship with the child;
(7) the social and other supportive services to be provided to the child and the foster parents including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family;
(8) if the parents or guardian were not involved in the development of the plan, the nature of the agency's efforts to secure parental participation;
(9) notice to the parents or guardians that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in subarticle 3, Article 11.
(C) The placement plan clearly shall state the conditions necessary to bring about return of the child and the reasonable efforts that will be made by the department bureau to reunite the child with the child's family. 'Reasonable efforts' include location of the placement and visitation arrangements as well as services to the parents or guardian and the child.
(D) The court shall approve the plan only if it finds that:
(1) the plan is consistent with the court's order placing the child in the custody of the department bureau;
(2) the plan is consistent with the requirements for the content of a placement plan set forth in subsection (B);
(3) if the parents or guardian of the child did not participate in the development of the plan, that the department bureau made reasonable efforts to secure their participation; and
(4) the plan is meaningful and designed to address facts and circumstances upon which the court based the order of removal.
If the court determines that any of these criteria are not satisfied, the court shall require that necessary amendments to the plan be submitted to the court within a specified time but no later than seven days. A hearing on the amended plan must be held if requested by a party.
(E) The court shall include in its order and shall advise defendants on the record that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in Subarticle 3, Article 11.
(F) The department bureau immediately shall give a copy of the plan to the parents or guardian of the child, and any other parties identified by the court including the child if the court considers it appropriate. If a copy of the plan is not given to the child, the department bureau shall provide the child with age-appropriate information concerning the substance of the plan unless the court finds that disclosure of any part of the plan to the child would be inconsistent with the child's best interests. A copy of any part of the plan that directly pertains to the foster family or the foster child must be provided to the foster parents.
(G) The plan may be amended at any time if all parties agree regarding the revisions, and the revisions are approved by the court. The amended plan must be submitted to the court with a written explanation for the proposed change. The plan also may be amended by the court upon motion of a party after a hearing based on evidence demonstrating the need for the amendment. A copy of the amended plan immediately must be given to the parties specified in subsection (F). Any additions to the elements set forth in subsections (B)(1)(b) and (c) must relate to problems or conditions that are serious enough to justify removal of the child from the home based on the criteria in Section 20-7-736(F).
(H) Any objections to the sufficiency of a plan or the process by which a plan was developed must be made at the hearing on the plan. Failure to request a hearing or to enter an objection at the hearing constitutes a waiver of the objection. The sufficiency of the plan or of the process for developing the plan may shall not be raised as an issue in a proceeding for termination of parental rights under Subarticle 3, Article 11.
(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department bureau to show cause why the agency should not be required to provide services in accordance with the plan. The provisions of the plan must be incorporated as part of a court order issued pursuant to this section. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court.
Section 20-7-765. (A) When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 20-7-764:
(1) The parent successfully must complete a treatment program operated by the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services or another treatment program approved by the department Bureau of Social Services before return of the child to the home;
(2) Any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol successfully must complete a treatment program approved by the department bureau before return of the child to the home; and
(3) The parent or other adult, or both, identified in item (2) must submit to random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized closed.
(B) Results of tests ordered pursuant to this section must be submitted to the department bureau and are admissible only in family court proceedings brought by the department bureau.
Section 20-7-766. (A) The family court shall review the status of a child placed in foster care upon motion filed by the department Bureau of Social Services to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought for a child who enters the custody of the department bureau by any mechanism, including Section 20-7-610, 20-7-736, or 20-7-1700. If the child enters the custody of the department bureau pursuant to Section 20-7-1700, and no action is pending in the family court concerning the child, the department bureau may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the motion or the summons and petition at least ten days before the hearing, and no responsive pleading is required.
(B) The department bureau shall attach a supplemental report to the motion or other pleadings which must contain at least:
(1) that information necessary to support findings required in subsection (H);
(2) the recommended permanent plan and suggested timetable for attaining permanence; and
(3) any reports of the local foster care review board which pertain to the child. The department bureau may use the same form for the supplemental report, reports from the department bureau to the local foster care review board, and reports compiled for internal department bureau reviews.
(C) At the permanency planning hearing, the court shall review the department's plan for achieving permanence for the child. If the department's plan is not reunification with the parents, custody or guardianship with a fit and willing relative, or termination of parental rights, the department bureau must show compelling reasons for the selection of another permanent plan. If the court approves a plan that is not reunification with the parents, custody or guardianship with a fit and willing relative, or termination of parental rights, the court must find compelling reasons for approval of the plan and that the plan is in the child's best interests.
(D) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(E) Unless subsection (C), (F), or (G) applies, if the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department bureau to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. If a petition to terminate parental rights is to be filed, the department bureau shall exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. An adoption may shall not be delayed or denied solely on these special needs. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(F) If the court determines that the criteria in subsection (D) are not met but that the child may be returned to the parent within a specified reasonable time not to exceed eighteen months after the child was placed in foster care, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. Before continuing foster care for this purpose, the court must find that, at the time of the hearing, initiation of termination of parental rights is not in the best interests of the child and that the best interests of the child will be served by the extended or modified plan.
(G) If after assessing the viability of adoption, the department bureau demonstrates that termination of parental rights is not in the child's best interests, and if the court finds that the best interests of the child would be served, the court may award custody or legal guardianship, or both, to a suitable, fit, and willing relative or nonrelative; however, a home study on the individual whom the department bureau is recommending for custody of the child must be submitted to the court for consideration before custody of legal guardianship, or both, are awarded. The court may order a specified period of supervision and services not to exceed twelve months, and the court may authorize a period of visitation or trial placement prior to receiving a home study;
(H) If at the initial permanency planning hearing the court does not order return of the child pursuant to subsection (D), in addition to those findings supporting the selection of a different plan, the court shall specify in its order:
(1) what services have been provided to or offered to the parents to facilitate reunification;
(2) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;
(3) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
(4) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services, and specifying the expected date for completion, which must be no longer than eighteen months from the date the child was placed in foster care;
(5) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;
(6) whether the child's foster care is to continue for a specified time and, if so, how long;
(7) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;
(8) whether the child's current placement is safe and appropriate;
(9) whether the department bureau has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care; and
(10) the steps the department bureau is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts.
(I) If after the permanency planning hearing, the child is retained in foster care, future permanency planning hearings must be held as follows:
(1) If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing, but only if it is held no later than one year from the date of the previous permanency planning hearing.
(2) If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order.
(3) After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
(4) If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department bureau or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of services and supervision for a specified time. The court's order must specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
(5) If the child is retained in foster care pursuant to a plan other than one described in items (1) through (4), future permanency planning hearings must be held at least annually.
(J) A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report and notice of the hearing must be served upon all named parties at least ten days before the hearing.
(K) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested.
(L) The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal.
Section 20-7-767. (A) To protect and nurture children in foster care, the Department Bureau of Social Services and its employees shall:
(1) adhere strictly to the prescribed number of personal contacts, pursuant to Section 20-7-764(B)(3). These contacts must be personal, face-to-face visits between the caseworker or member of the casework team and the foster child. These visits may be conducted in the foster home and in the presence of other persons who reside in the foster home; however, if the caseworker suspects that the child has been abused or neglected during the placement with the foster parent, the caseworker must observe and interview the child outside the presence of other persons who reside in the foster home;
(2) ensure that a caseworker interviews the foster parent, either in person or by telephone, at least once each month. No less frequently than once every two months, ensure that a caseworker or member of the casework team interviews the foster parent face-to-face during a visit in the foster home;
(3) ensure that a caseworker interviews other adults residing in the foster home, as defined in Section 20-7-30(8), face-to-face at least once each quarter. A foster parent must notify the department bureau if another adult moves into the home, and the caseworker must interview the adult face-to-face within one month after receiving notice. Interviews of foster parents pursuant to item (2) and of other adults residing in the home pursuant to this item may be conducted together or separately at the discretion of the department bureau;
(4) ensure that its staff visit in the foster home and interview the foster parent or other adults in the home more frequently when conditions in the home, circumstances of the foster children, or other reasons defined in policy and procedure suggest that increased oversight or casework support is appropriate. When more than one caseworker is responsible for a child in the foster home, the department bureau may assign one caseworker to conduct the required face-to-face interview with the other adults residing in the foster home;
(5) provide to the foster child, if age appropriate, a printed card containing a telephone number the child may use to contact a designated unit or individual within the Department Bureau of Social Services and further provide an explanation to the child that the number is to be used if problems occur which the child believes his or her caseworker cannot or will not resolve;
(6) strongly encourage by letter of invitation, provided at least three weeks in advance, the attendance of foster parents to all Foster Care Review Board proceedings held for children in their care. If the foster parents are unable to attend the proceedings, they must submit a progress report to the Office of the Governor, Division Bureau of Foster Care Review, Department of Health and Human Services, Division of Advocacy and Service Coordination at least three days prior to the proceeding. Failure of a foster parent to attend the Foster Care Review Board proceeding or failure to submit a progress report to the Division Bureau of Foster Care Review does not require the board to delay the proceeding. The letter of invitation and the progress report form must be supplied by the agency;
(7) be placed under the full authority of sanctions and enforcement by the family court pursuant to Section 20-7-420(30) and Section 20-7-420(36) for failure to adhere to the requirements of this subsection.
(B) If the department Bureau of Social Services places a child in foster care in a county which does not have jurisdiction of the case, the department bureau may designate a caseworker in the county of placement to make the visits required by subsection (A).
(C) In fulfilling the requirements of subsection (A), the Department Bureau of Social Services shall reasonably perform its tasks in a manner which is least intrusive and disruptive to the lives of the foster children and their foster families.
(D) The Department Bureau of Social Services, in executing its duties under subsection (A)(4), must provide a toll free telephone number which must operate twenty-four hours a day.
(E) Any public employee in this State who has actual knowledge that a person has violated any of the provisions of subsection (A) must report those violations to the state office of the Department Bureau of Social Services; however, the Governor's Division Bureau of Foster Care Review must report violations of subsection (A)(4) in their regular submissions of advisory decisions and recommendations which are submitted to the family court and the department Bureau of Social Services. Any employee who knowingly fails to report a violation of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(F) Foster parents have a duty to make themselves reasonably available for the interviews required by subsection (A)(2) and to take reasonable steps to facilitate caseworkers' interviews with other adults who reside in the home as required by subsection (A)(3). Failure to comply with either the duties in this subsection or those in subsection (A)(3) constitutes grounds for revocation of a foster parent's license or other form of approval to provide care to children in the custody of the department Bureau of Social Services. Revocation would depend on the number of instances of noncompliance, the foster parents' wilfulness in noncompliance, or other circumstances indicating that noncompliance by the foster parents significantly and unreasonably interferes with the department's bureau's ability to carry out its protective functions under this section.
(G) To further this state's long-term goals and objectives on behalf of children in foster care, the Department Bureau of Social Services shall give to the General Assembly by January 15, 2000, a report of the status of the foster care system which includes improvements the department bureau has made to ensure the safety and quality of life of South Carolina's foster children. This report must include:
(1) specific standards for the training of foster parents, including the type of training which is provided;
(2) standards which address emergency situations affecting the maximum number of children placed in each foster home;
(3) standards which provide for the periodic determination of the medical condition of a child during his stay in foster care; and
(4) methods the department bureau has developed to encourage the receipt of information on the needs of children in foster care from persons who have been recently emancipated from the foster care system.
Section 20-7-768. (A) When a child is in the custody of the department Bureau of Social Services, the department bureau shall file a petition to terminate parental rights or shall join as party in a termination petition filed by another party if:
(1) a child has been in foster care under the responsibility of the State for fifteen of the most recent twenty-two months;
(2) a court of competent jurisdiction has determined the child to be an abandoned infant;
(3) a court of competent jurisdiction has determined that the parent has committed murder of another child of the parent or has committed voluntary manslaughter or another child of the parent;
(4) a court of competent jurisdiction has determined that the parent has aided, abetted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or
(5) a court of competent jurisdiction has determined that the parent has committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent.
(B) Concurrently with filing of the petition, the department bureau shall seek to identify, recruit, process, and approve a qualified family for adoption of the child if an adoptive family has not yet been selected and approved.
(C) This section does not apply:
(1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (D), (F), or (G) and entering the findings required to select a permanent plan for the child from Section 20-7-766(C), (D), (F), or (G). For this exemption to apply, the court must find that there are compelling reasons for selection of a permanent plan other than termination of parental rights;
(2) if the family court finds that the department Bureau of Social Services has not afforded services to the parents provided for in the treatment plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:
(a) the parent did not delay the court proceedings without cause or delay or refuse the services;
(b) successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(F) within the extension period; and
(c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763.
Section 20-7-770. (A) Beginning on January 1, 2000, or on the date of compliance with subsection (D), whichever is later, and on the first day of each month thereafter, each county clerk of court must make a report to Court Administration concerning each child protection case pending in family court in which a permanency planning order has not been filed. The report must include the case caption, the filing date, and, if applicable, the date of the permanency planning hearing and the permanency planning order. The clerk is not required to make a report concerning a case after a permanency planning order has been filed in the case.
(B) Court Administration must provide the administrative judge of the family court of each circuit with the information reported concerning cases pending in the circuit.
(C) On August fifteenth of each year, the Director of Court Administration must file with the Chief Justice of the South Carolina Supreme Court, with copies to the Department Bureau of Social Services and the Governor, a written report summarizing the information reported by the clerks of court pursuant to this section. The report shall contain, at a minimum, the following information summarized by county, by circuit, and by state:
(1) the number of new cases brought by the department bureau during the preceding twelve months; and
(2) the number of cases filed more than twelve months in which a permanency planning order has not been filed.
The annual report must contain an analysis of the progress of these cases through the family court, identify impediments to complying with statutory mandates, and make recommendations for improving compliance.
(D) No later than January 1, 2000, Court Administration must institute the use of a separate code to identify child protection cases in its data systems. However, if the Chief Justice, upon recommendation of Court Administration, determines that there is a compelling reason why it is not feasible to institute the use of a separate code by January 1, 2000, compliance with this subsection may be deferred for up to twelve months, as necessary, for making adjustments in the data systems. The date of compliance and the compelling reason for any delay beyond January 1, 2000, shall be included in the report required by subsection (E).
(E) Court Administration shall conduct a study of the feasibility of collecting additional data necessary to monitor and ensure compliance with statutory time frames for conducting hearings in department bureau cases, and no later than July 1, 2000, shall submit a report to the Chief Justice, with copies to the Department Bureau of Social Services and the Governor, containing recommendations for instituting the necessary data collection system.
Section 20-7-775. The department Bureau of Social Services shall disclose to the foster parent at the time the department bureau places the child in the home all information known by the person making the placement or reasonably accessible to the person making the placement which could affect either the ability of the foster parent to care for the child or the health and safety of the child or the foster family. This information includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral problems, and matters related to educational needs. If a person lacking this necessary information made the placement, a member of the child's casework team or the child's caseworker shall contact the foster parent and provide the information during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the foster parent no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which could affect either the ability of the foster parent to care for the child or the health and safety of the child or the foster family, the department bureau shall disclose that information to the foster parent. The obligation to provide this information continues until the placement ends."
SECTION 19. Section 20-7-852(D) of the 1976 Code is amended to read:
"(D) Pursuant to Section 43-5-580(b), the department Bureau of Social Services shall promulgate regulations which establish child support guidelines as a rebuttable presumption. The department bureau shall review these regulations at least once every four years to ensure that their application results in appropriate child support award amounts."
SECTION 20. Section 20-7-854(B) of the 1976 Code is amended to read:
"(B) 'Tribunal' is defined for purposes of this section as the family court or the Department Bureau of Social Services, Office of Child Support Enforcement Division in the Department of Health and Human Services, Division of Human Services or its designee."
SECTION 21. Section 20-7-856 of the 1976 Code is amended to read:
"Section 20-7-856. Fines collected pursuant to Sections 20-7-9575, 43-5-595(C), and 43-5-598(G) must be distributed as follows:
(1) The Department Bureau of Social Services shall pay to the federal government the federal share of the amount collected;
(2) The Department bureau of Social Services shall use the state share of the amount collected pursuant to subsection (1) in the administration of the child support enforcement program."
SECTION 22. Section 20-7-873 of the 1976 Code is amended to read:
"Section 20-7-873. Notwithstanding any other provision of law, a court or administrative order for child support or order for contempt for nonpayment of child support being enforced under Title IV-D of the Social Security Act may direct a noncustodial parent who is unemployed or underemployed and who is the parent of a child receiving Aid to Families with Dependent Children Temporary Assistance to Needy Families benefits to participate in an employment training program or public service employment. Upon failure of the noncustodial parent to comply with an order of contempt which directed the noncustodial parent to participate in the employment training program or public service employment, the Family Court, upon receiving an affidavit of noncompliance from the department bureau, immediately may issue a bench warrant for the arrest of the noncustodial parent. The Department Bureau of Social Services shall promulgate regulations governing the eligibility criteria and implementation of these training programs and public service employment."
SECTION 23. Sections 20-7-936 through 20-7-949 of the 1976 Code are amended to read:
"Section 20-7-936. When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Office of Child Support Enforcement, Division of the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services may pursue support and maintenance of that child from one or both of the child's maternal and paternal grandparents as long as the parent of the child is under eighteen years of age.
Section 20-7-940. In addition to other qualifications necessary for holding a license, an individual who is under an order for child support also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) 'Arrearage' means the total amount overdue under an order of support.
(2) 'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than five-hundred dollars and has paid the full child support obligation for the last two consecutive months.
(3) 'Director' means the Director of the Office of Child Support Enforcement, Division of the State Department Bureau of Social Services or his designee.
(4) 'Division Office' means the Office of Child Support Enforcement, Division of the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
(5) 'License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support. The department Bureau of Social Services has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(6) 'Licensee' means an individual holding a license issued by a licensing entity.
(7) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state, county, or municipal agency, board, department, office, or commission that issues a license.
(8) 'Order for support' means an order being enforced by the division office under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage.
Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division office establishing a schedule for payment of the arrearage.
Section 20-7-943. The division Office of Child Support Enforcement shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the division Office of Child Support Enforcement, all licensing entities monthly shall provide the division office information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
Section 20-7-945. (A) The division Office of Child Support Enforcement shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division office shall notify the licensee that forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(B) Upon receiving the notice provided for in subsection (A), the licensee may:
(1) request a review with the division office; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or
(2) request to participate in negotiations with the division office for the purpose of establishing a payment schedule for the arrearage.
(C) The division office director or the division office director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.
(D) Upon the division office and the licensee reaching an agreement on a schedule for payment of the arrearage, the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(E) If the licensee and the division office do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license will be revoked in forty-five days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division office shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division office notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.
(H) Review with the division office under this section is the licensee's sole remedy to prevent revocation of his or her license. The licensee has no right to appeal the revocation with the licensing entity.
(I) If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division office immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license the licensee subsequently enters into a consent agreement or the licensee otherwise informs the department bureau of compliance, the department bureau shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued.
(J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division office will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's license.
Section 20-7-946. (A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
Section 20-7-948. The State Department Bureau of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations.
Section 20-7-949. An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application."
SECTION 24. Section 20-7-952 C.(4) of the 1976 Code is amended to read:
"(4) An authorized agency, including, but not limited to, the Department Bureau of Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 20-7-435 and 20-7-840; or"
SECTION 25. Section 20-7-955(B) of the 1976 Code is amended to read:
"(B) In actions commenced by the Department Bureau of Social Services or any other authorized agency, an employee of the department bureau or the agency who is familiar with the action may make, on behalf of the custodial parent, the required affidavit accompanying a settlement, voluntary agreement, or consent order. In cases where the child is the recipient of public assistance, the affidavit must state that the employee has reviewed the case and that the child involved is receiving public assistance due in part to inadequate support from the noncustodial parent."
SECTION 26. Section 20-7-956(A)(4) of the 1976 Code is amended to read:
"(4) A verified voluntary acknowledgment of paternity. This acknowledgment creates a rebuttable presumption of the putative father's paternity except that a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive presumption of the putative father's paternity subject to the provisions of Section 20-7-958. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department Bureau of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion."
SECTION 27. Section 20-7-1070(A) of the 1976 Code is amended to read:
"(A) The Department Bureau of Social Services is the state information agency under this subarticle."
SECTION 28. Section 20-7-1134 of the 1976 Code is amended to read:
"Section 20-7-1134. (A) A support order or income withholding order of another state may be registered in this State by sending the following documents and information to the Department Bureau of Social Services:
(1) a letter of transmittal to the department bureau requesting registration and enforcement;
(2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;
(3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any source of income of the obligor; and
(c) a description and the location of property of the obligor in this State not exempt from execution; and
(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(B) On receipt of a request for registration the department bureau shall cause the order to be filed as a foreign judgment together with one copy of the documents and information regardless of their form.
(C) A complaint seeking an enforcement remedy that must be specifically pled under the law of this State may be filed at the same time as the request for registration or at a later date. The complaint shall set forth the express grounds that provide the basis for the remedy sought."
SECTION 29. Section 20-7-1295 of the 1976 Code is amended to read:
"Section 20-7-1295. (A) A child support obligation which is unpaid in an amount equal to or greater than one thousand dollars, as of the date on which it was due, is a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by the Department Bureau of Social Services, Office of Child Support Enforcement Division, or its designee (division office) or the family court is due and payable as of the date the amount is established. The lien shall incorporate any unpaid child support which may accrue in the future and does not terminate except as provided in subsection (D). Upon recordation or registration in accordance with subsection (C), the lien shall encumber all tangible and intangible property, whether real or personal, and an interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises is subject to the lien, subject to the limitations provided in subsections (C) and (D).
(B) When the division office determines that child support is unpaid in an amount equal to or greater than one thousand dollars, it shall send written notice to the obligor by first-class mail to the obligor's last known address, as filed with the tribunal pursuant to Section 20-7-854. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the division office within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review, the division office shall conduct the review within thirty days of receiving the request.
(C) The division office shall file notice of a lien with respect to real property with the register of deeds for any county in the State where the obligor owns property. The social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. Liens created under this section must be maintained by the register of deeds of each county of the State, in accordance with established local procedures for recordation. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of deeds where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of deeds for the county where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded first.
The division office also shall file notice of a child support lien, with the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor on the notice, with respect to personal property with the Department of Natural Resources, a county, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien must be received and registered or recorded without payment of a fee. The division office may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. Any lien placed against a vehicle with a title issued by the Division Department of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division Department of Motor Vehicles. No fee is required to reissue this title. The perfected lien is not subordinate to a recorded lien except a lien that has been perfected before the date on which the child support lien was perfected. The division office, upon request of the obligor, may subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the division office, the division office may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation.
(D) The lien expires upon termination of a current child support obligation and payment in full of unpaid child support or upon release of the lien by the Division Department of Motor Vehicles. In any event, a lien under this section expires six years from the date on which the lien was first perfected. The lien may be extended for additional periods of six years each by recording, during the fifth year of the lien, a further notice of the lien, as provided in subsection (C), without affecting the priority of the lien. Expiration of the lien does not terminate the underlying order or judgment of child support. The division office may issue a full or partial waiver of a lien imposed under this section. The waiver or release is conclusive evidence that the lien upon the property covered by the waiver or release is extinguished.
(E) If an obligor against whom a lien has arisen and has been perfected under subsection (C) neglects or refuses to pay the sum due after the expiration of the thirty-day notice period specified in subsection (B), the division office may collect the unpaid child support and levy upon all property as provided in this section. For the purposes of this section, 'levy' includes the power of distraint and seizure by any means. A person in possession of property upon which a lien having priority under subsection (C) has been perfected, upon demand, shall surrender the property to the division office as pursuant to this section. Financial institutions which hold assets of an obligor, after proper identification and notification by the division office, shall encumber or surrender deposits, credits, or other personal property held by the institution on behalf of an obligor who is subject to a child support lien, pursuant to Section 43-5-596. Financial institutions are allowed to either submit account information directly to the State where it is matched against the parent data base, or financial institutions may request a file and complete the comparison and submit it directly to the State. The social security number must be used for the matching process and not the full name of the person who maintains an account with that entity. A levy on property held by an organization with respect to a life insurance or endowment contract, without necessity for the surrender of the contract document, constitutes a demand by the division office for payment of the amount of the lien and the exercise of the right of the obligor to the advance of the amount. The organization shall pay the amount ninety days after service of the notice of levy. The levy is considered satisfied if the organization pays over to the division office the full amount which the obligor could have had advanced to him, if the amount does not exceed the amount of the lien. Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the state for which levy is made, the division office thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor subject to levy upon first perfecting its lien as provided in subsection (C), until the amount due from the obligor and the expenses are fully paid. With respect to a seizure or levy of real property or tangible personal property, the sheriff shall proceed in the manner prescribed by Sections 15-39-610, et seq., insofar as these sections are not inconsistent with this section. The division office has rights to property remaining after satisfying superior perfected liens, as provided in subsection (C).
(F) Upon demand by the division office, a person who fails or refuses to surrender property subject to levy pursuant to this section is liable in his own person and estate to the State in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, and the costs at the rate established by Section 23-19-10.
(G) A person in possession of, or obligated with respect to, property who, upon demand by the division office, surrenders the property or discharges the obligations to the division office or who pays a liability under this section, must be discharged from any obligation or liability to the obligor arising from the surrender or payment. A levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this section, discharges the organization from any obligation or liability to any beneficiary arising from the surrender or payment.
(H) The division office shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, and the time period within which to respond to the notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order.
(I) A person aggrieved by a determination of the division office pursuant to subsection (B), upon exhaustion of the procedures for administrative review, may seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support. The court may review the proceedings taken by the division office pursuant to this section and may correct any mistakes of fact; however, the court may shall not reduce or retroactively modify child support arrears.
(J) A child support enforcement agency in a jurisdiction outside this State may request the division office to enforce a child support order issued by a court or administrative agency in another jurisdiction or a lien arising under the law of another jurisdiction. The order or lien must be accorded full faith and credit and the order or lien must be enforced as if the order was issued or the lien arose in South Carolina, without the necessity of registering the order with the court.
(K) The division office is authorized to promulgate rules and regulations, if necessary, to implement the provision of this section."
SECTION 30. Section 20-7-1315(E)(3) of the 1976 Code is amended to read:
"(3) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department Bureau of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding."
SECTION 31. Section 20-7-1315(F)(11) of the 1976 Code is amended to read:
"(11) If the Division Office of Child Support Enforcement of in the Department Bureau of Social Services is notified by the South Carolina Employment Security Commission in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division office must notify the court for the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140."
SECTION 32. Section 20-7-1315(H) of the 1976 Code is amended to read:
"(H)(1) An obligee who is receiving income withholding payments under this section shall notify the clerk of court of any change of address within seven days of the change.
(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (D) to the Division Office of Child Support Enforcement of the South Carolina Department Bureau of Social Services.
(3) An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this section shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences.
(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department Bureau of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.
(5) Any clerk of court who collects, receives, or disburses payment pursuant to an order for support or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court must without further proof be admitted into evidence in any legal proceedings in which child support is an issue.
(6) The Department Bureau of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make available to the courts for distribution to parties in support actions these forms and informational materials which describe the procedures and remedies set forth in this section and Section 20-7-1316."
SECTION 33. Section 20-7-1315(I)(2) of the 1976 Code is amended to read:
"(2) If an obligor, obligee, or the Department Bureau of Social Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed."
SECTION 34. Section 20-7-1315(K), (L), and (M) of the 1976 Code are amended to read:
"(K) The Office of Court Administration after consultation with the Department Bureau of Social Services is authorized to promulgate those regulations necessary to implement this section.
(L) By January 1, 1996, the Office of Child Support Enforcement Division of the Department Bureau of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division office. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Office of Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division office by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Office of Child Support Enforcement Division; or
(c) any other means authorized by the Office of Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division Office of the information.
(6) Information received by the South Carolina Employment Security Commission from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department Bureau of Social Services within fifteen working days after the end of each quarter.
Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department Bureau of Social Services within fifteen working days after the end of each quarter.
(M) The department bureau shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Office of Child Support Enforcement Division;
(2) all cases not being enforced by the Office of Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department bureau shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent."
SECTION 35. Section 20-7-1322(b) of the 1976 Code is amended to read:
"(b) If the obligor seeks a hearing to contest the proposed income withholding the clerk of court shall immediately notify the requesting agency and the Department Bureau of Social Services when the request for withholding was from an agency, the obligee, obligor, or an attorney for either of the date, time, and place of the hearing and of the obligee's right to attend the hearing."
SECTION 36. Sections 20-7-1440 and 20-7-1450 of the 1976 Code are amended to read:
"Section 20-7-1440. (A) In delinquency and neglect actions no court fee may be charged against and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department Bureau of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.
(B) The sheriff, municipal police, constable, or any peace officer shall serve all papers in delinquency, dependency, and neglect cases without costs, except as provided for in subsection (A).
(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department bureau of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203.
(D) In actions initiated by the department bureau pursuant to Section 20-7-736 or 20-7-738, the court, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may shall not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or if the defendant is qualified for court appointment in accordance with Section 20-7-110. The clerk of court shall collect the fee and remit it to the department bureau. The department bureau shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases.
Section 20-7-1450. The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to the children the care, protection, and assistance which will conserve their welfare. Every state, county, town, or municipal official or department bureau shall assist and cooperate within his or its jurisdictional power to further the objects of this chapter. All institutions, associations, or other custodial agencies in which a child may be, coming within the provisions of this chapter, are required to give information to the court, or an officer appointed by it, the court or officer requires for the purposes of this chapter."
SECTION 37. Subsections (C) and (D)(3) of Section 20-7-1547 of the 1976 Code are amended to read:
"(C) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1545 if he is or has ever been on the Department Bureau of Social Services Central Registry of Abuse and Neglect.
(3) a statement affirming that the guardian ad litem is not nor has ever been on the Department Bureau of Social Services Central Registry of Child Abuse and Neglect pursuant to Section 20-7-650."
SECTION 38. Section 20-7-1564 of the 1976 Code is amended to read:
"Section 20-7-1564. A petition seeking termination of parental rights may be filed by the Department Bureau of Social Services or any interested party."
SECTION 39. Items (2) and (6) of Section 20-7-1572 of the 1976 Code are amended to read:
"(2) The child has been removed from the parent pursuant to Section 20-7-610 or Section 20-7-736, has been out of the home for a period of six months following the adoption of a placement plan by court order or by agreement between the department Bureau of Social Services and the parent, and the parent has not remedied the conditions which caused the removal;
(6) The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department bureau or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department bureau to participate in a treatment program;"
SECTION 40. Section 20-7-1574 of the 1976 Code is amended to read:
"Section 20-7-1574. (A) If the court finds that a ground for termination, as provided for in Section 20-7-1572, exists, the court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within thirty days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional sixty days the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan.
(B) If the court finds that no ground for termination exists and the child is in the custody of the Department Bureau of Social Services, the order denying termination must specify a new permanent plan for the child or order a hearing on a new permanent plan.
(C) If the court determines that an additional permanency hearing is not needed, the court may order:
(1) the child returned to the child's parent if the parent has counterclaimed for custody and the court determines that the return of the child to the parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being. The court may order a specified period of supervision and services not to exceed twelve months.
(2) a disposition provided for in Section 20-7-766(E) if the court determines that the child should not be returned to a parent.
(D) If the court determines that an additional permanency hearing is required, the court's order shall schedule a permanency hearing to be held within fifteen days of the date the order is filed. The court's order must be sufficient to continue jurisdiction over the parties without any need for filing or service of pleadings by the department bureau.
The permanency hearing must be held before the termination of parental rights trial judge if reasonably possible.
At the hearing, the department bureau shall present a proposed disposition and permanent plan in accordance with Section 20-7-766. No supplemental report may be required. The hearing and any order issuing from the hearing shall conform to Section 20-7-766.
If the court approves retention of the child in foster care pursuant to Section 20-7-766(E)(iii), any new plan for services and placement of the child must conform to the requirements of Section 20-7-764. Section 20-7-764 requires the plan to address conditions that necessitated removal of the child, but the plan approved pursuant to this subsection shall address conditions that necessitate retention of the child in foster care."
SECTION 41. Subarticle 5, Article 11, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-1630. (A) When the Department Bureau of Social Services has custody of a child and places that child with a relative who is licensed to provide foster care, the agency must provide the same services and financial benefits as provided to other licensed foster homes. Children placed pursuant to this section are subject to the permanency planning requirements in Section 20-7-766.
(B) If the department bureau has determined that it is in the best interest of a child requiring foster care that the child be placed with a relative, and the relative is not licensed to provide foster care, or if a relative advises the department bureau that the relative is interested in providing placement for a child requiring foster care, the department bureau shall inform the relative of the procedures for obtaining licensure and the benefits of licensure. The department bureau also shall provide information and reasonable assistance to a relative seeking a foster care license to the same extent that it provides this information and assistance to other persons contacting the department bureau about foster care licensing.
Section 20-7-1635. No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.
The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:
(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(6) engaging a child for a sexual performance, as provided in Section 16-3-810;
(7) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(8) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(9) incest, as provided in Section 16-15-20;
(10) buggery, as provided in Section 16-15-120;
(11) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;
(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(14) attempt to commit any of the offenses enumerated herein; or
(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.
Section 20-7-1640. (A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(B) Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual.
Section 20-7-1642. (A) No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20;
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65;
(g) a felony drug-related offense under the laws of this State.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section.
Section 20-7-1643. The Department Bureau of Social Services shall establish standards for foster parent training so as to ensure uniform preparedness for foster parents who care for abused or neglected children in the custody of the State. These standards shall specifically prohibit the viewing of standard television programs or reading of articles from popular magazines or daily newspapers as complying with the completion of pre-service or annual foster parent training requirements.
Section 20-7-1645. A state agency which places a child in a foster home may compensate a foster family, who has made its private residence available as a foster home, for the uninsured loss it incurs when its personal or real property is damaged, destroyed, or stolen by a child placed in its home, if the loss is found by the director of the placing state agency, or his designee, to have occurred, to have been caused solely or primarily by the acts of the child placed with the foster family, and if the acts of the foster family have not in any way caused or contributed to the loss. Compensation may shall not be in excess of the actual cost of repair or replacement of the damaged or destroyed property but in no case may compensation exceed five hundred dollars for each occurrence."
SECTION 42. Section 20-7-1650(e) of the 1976 Code is amended to read:
"(e) 'Child placing agency' or 'agency' means the State Department Bureau of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. For the purposes of this subsection, a person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered 'facilitating the placement of children for adoption', whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition."
SECTION 43. Section 20-7-1670(B) of the 1976 Code is amended to read:
"(B) This section does not apply to a child placed by the State Department Bureau of Social Services or any agency under contract with the department bureau for purposes of placing that child for adoption. Neither the department bureau nor its contractors may delay or deny the placement of a child for adoption by a nonresident if that nonresident has been approved for adoption of the child by another state authorized to approve such placements pursuant to the Interstate Compact on Placement of Children. The department bureau shall provide an opportunity for a hearing, in accordance with the department's bureau's fair hearing procedures, to a nonresident who believes that the department bureau, in violation of this section, has delayed or denied placement of a child for adoption."
SECTION 44. Section 20-7-1705(A)(3) of the 1976 Code is amended to read:
"(3) a person certified by the State Department Bureau of Social Services, pursuant to Section 20-7-1750, to obtain consents or relinquishments;"
SECTION 45. Section 20-7-1750 of the 1976 Code is amended to read:
"Section 20-7-1750. With the exception of the persons provided for in Section 20-7-1705(A)(1), (2), and (4), any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the State Department Bureau of Social Services. Any person conducting an investigation for the adoption of a child pursuant to Section 20-7-1740 also must be certified by the department bureau. However, where the adoption petitioner or prospective adoption petitioner is a nonresident of this State, a South Carolina family court may authorize a qualified nonresident to conduct any investigations required under Section 20-7-1740.
The department bureau shall promulgate regulations to provide for the following: certification of investigators; issuance, monitoring, and revocation of certificates; and sanctioning of noncompliance with regulations. Any person certified by the department bureau may charge a fee which may shall not exceed the reasonable costs of the services rendered. The fee must be approved by the department bureau during the certification process.
The department bureau shall develop, revise, and publish quarterly a directory of persons certified pursuant to this section. A reasonable fee may be charged by the department bureau for copies of this directory."
SECTION 46. Section 20-7-1780(C) of the 1976 Code is amended to read:
"(C) All files and records pertaining to the adoption proceedings in the State Department Bureau of Social Services, or in any authorized agency, or maintained by any person certified by the department bureau under the provisions of Section 20-7-1750, are confidential and must be withheld from inspection except upon court order for good cause shown."
SECTION 47. Section 20-7-1895 of the 1976 Code is amended to read:
"Section 20-7-1895. (A) The State Department Bureau of Social Services shall establish, either directly or through purchase of services, a statewide adoption exchange with a photograph listing component.
(B) The adoption exchange must be available to serve all authorized, licensed child-placing agencies in the State as a means of recruiting adoptive families for any child who meets one or more of the following criteria:
(1) The child is legally free for adoption.
(2) The child has been permanently committed to the department bureau or to a licensed child-placing agency.
(3) The court system requires identification of an adoptive family for the child before ties to the biological parents are severed.
(4) The department bureau has identified adoption as the child's treatment plan.
(C) The department bureau shall register with the adoption exchange each child in its care who meets any one or more of the above criteria and for whom no adoptive family has been identified. This registration must be made at least thirty days from the determination date of the child's adoptable status and updated at least monthly.
(D) If an adoption plan has not been made within at least three months from the determination date of the child's adoptable status, the department bureau shall provide the adoption exchange with a photograph, description of the child, and any other necessary information for the purpose of recruitment of an adoptive family for the child, including registration with the photograph listing component of the exchange which must be updated monthly. The department bureau shall establish criteria by which a determination may be made that recruitment or photograph listing is not required for a child. The department bureau also shall establish procedures for monitoring the status of children for whom that determination is made.
(E) In accordance with guidelines established by the department bureau, the adoption exchange may accept from licensed child-placing agencies, referrals and registration for recruitment and photograph listing of children meeting the criteria of this section.
(F) The department bureau shall refer appropriate children to regional and national exchanges when an adoptive family has not been identified within one hundred eighty days of the determination of the child's adoptable status. The department bureau shall establish criteria by which a determination may be made that a referral to regional or national exchanges is not necessary, and the department bureau shall monitor the status of those children not referred.
(G) The department bureau shall provide orientation and training to appropriate staff regarding the adoption exchange procedures and utilization of the photograph listing component."
SECTION 48. Section 20-7-1897 of the 1976 Code is amended to read:
"Section 20-7-1897. The Office of Adoption and Birth Parent Services Program within the South Carolina Department Bureau of Social Services is the only public adoption program in South Carolina."
SECTION 49. Subarticle 9, Article 11, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-1900. The purpose of this subarticle is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department Bureau of Social Services as requiring a supplemental benefit to assure adoption.
Section 20-7-1910. This subarticle may be cited as the 'South Carolina Adoption Supplemental Benefits Act'.
Section 20-7-1920. As used in this article:
(1) 'Child' means an individual up to twenty-one years of age;
(2) 'Supplemental benefits' means payments made by the State Department Bureau of Social Services to provide services, including medical subsidies for payment for treatment pursuant to Section 20-7-1955, for children who without these services may not have been adopted;
(3) 'Department Bureau' means the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
Section 20-7-1925. In order for a child to be eligible for supplemental benefits the department Bureau of Social Services shall determine that the child legally is free for adoption, the child has been placed for adoption by the department bureau, and one of the following provisions applies to the child:
(1) is a special needs child pursuant to Section 20-7-1650(j);
(2) is at high risk of developing a physical, mental, or emotional disability;
(3) is one for whom other factors, as determined by the department bureau, interfere with the child's ability to be placed for adoption;
(4) has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is considered by the agency to be in the best interest of the child to be adopted by the foster parents.
Section 20-7-1930. The department Bureau of Social Services shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and services for children under this program must be provided out of funds appropriated to the department bureau for these purposes.
Section 20-7-1940. A child meeting criteria specified in Section 20-7-1925 for whom the department Bureau of Social Services believes supplemental benefits are necessary to improve opportunities for adoption is eligible for the program. The agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment, and referral to appropriate specialized adoption agencies.
Section 20-7-1950. (A) When the department Bureau of Social Services determines that a child is eligible for supplemental benefits, a written agreement must be executed between the parents and the department bureau.
(B) In individual cases supplemental benefits may begin with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs.
(C) The supplemental benefits may be for special services only, or for money payments, and either for a limited period, for a long term, or for a combination of them. The amount of time-limited, long-term supplemental benefits may shall not exceed that which currently would be allowable for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered.
(D) When supplemental benefits last for more than one year the adoptive parents shall certify that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on the certification and investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits may be extended so long as the continuing need of the child is verified and the child is the legal dependent of the adoptive parents.
(E) A child who is certified as eligible for supplemental benefits remains eligible and shall receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or after adoption.
Section 20-7-1955. Only certain children who have been certified as eligible for supplemental benefits may receive payments for medical, rehabilitative, or other treatment services under their supplemental benefits certification. To receive these payments, a child shall fall into one of the following categories:
(1) receiving payments for medical, rehabilitative, or other treatment services immediately before adoption for a physical, mental, or emotional condition;
(2) identified before adoption as being at a high risk for developing a physical, mental, or emotional condition in the future; or
(3) with a physical, mental, or emotional condition diagnosed after adoption if the condition existed before adoption but was not recognized or if substantial risk factors for the condition existed before adoption but were not recognized.
Section 20-7-1958. At the time of placement for adoption, the department Bureau of Social Services shall inform in writing the prospective adoptive parents of the:
(1) availability of supplemental benefits;
(2) conditions for which the supplemental benefits are available;
(3) procedure for application for supplemental benefits.
Section 20-7-1960. A decision concerning supplemental benefits by the department Bureau of Social Services which the adoptive parents consider adverse to the child is reviewable according to department bureau regulations.
Section 20-7-1965. Supplemental benefits may shall not end solely because the death or disability of the adoptive parents requires placement of the adopted child with another caregiver. The caregiver of the adopted child has the rights and duties imposed on the adoptive parents in this subarticle.
Section 20-7-1970. The department Bureau of Social Services shall promulgate regulations to carry out the provisions of this subarticle."
SECTION 50. Sections 20-7-2000, 20-7-2010, and 20-7-2020 of the 1976 Code are amended to read:
"Section 20-7-2000. The 'appropriate public authorities' as used in subsection 3 of the Interstate Compact on the Placement of Children, with reference to this State, means the South Carolina Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services for adoptive and foster care purposes. The department bureau shall receive and act with reference to notices required by subsection 3 of that Compact.
Section 20-7-2010. As used in item (a) of subsection 5 of the Interstate Compact on the Placement of Children, 'appropriate authority in the receiving state' with reference to this State means the Department Bureau of Social Services as the compact administrator.
Section 20-7-2020. The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to item (b) of subsection 5 of the Interstate Compact on the Placement of Children. Any agreement which contains a financial commitment or imposes a financial obligation of this State or subdivision or agency of it is not binding unless it has the approval in writing of the State Treasurer in the case of the State and of the Commissioner Chief of the Department Bureau of Social Services in the case of a subdivision of the State, as their respective functions and duties may appear and be appropriate pursuant to this subarticle."
SECTION 51. Sections 20-7-2060 and 20-7-2070 of the 1976 Code are amended to read:
"Section 20-7-2060. As used in subsection 7 of the Interstate Compact on the Placement of Children, 'executive head' means the Governor. The Governor is authorized to designate the Department Bureau of Social Services as the compact administrator in accordance with the terms of subsection 7 of that Compact.
Section 20-7-2070. The Department Bureau of Social Services shall promulgate procedures to govern all aspects of interstate adoptive and interstate foster care placements."
SECTION 52. Subarticles 1 and 3, Article 13, Chapter 7, Title 20 of the 1976 Code are amended to read:
Section 20-7-2230. Any agency, institution or family home engaged in the business of receiving children for care and maintenance, either part or full time, shall be classed as a child welfare agency.
Section 20-7-2240. (A) This subarticle does not apply to:
(1) child welfare agencies operating under the active supervision of a governing board representing an established religious denomination, except as these agencies voluntarily assume the obligations and acquire the rights provided by this subarticle;
(2) any children's home or institution to which state funds are appropriated;
(3) the John de la Howe School in McCormick County; provided, that however, the board of trustees of that school may elect to be licensed by the department Bureau of Social Services, in which case the board of trustees shall request, by resolution, the department bureau to license the John de la Howe School. When a license has been issued to the John de la Howe School by the department bureau pursuant to this subarticle, the school is bound by all regulations promulgated by the department bureau relating to licensing standards and other matters pertaining to licensing standards.
(4) rescue missions or other similar charitable institutions organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and authorized by law.
(B) However, a foster care facility which does not receive state or federal financial assistance, operated by a local church congregation or established religious denomination or religious college or university must register with the department Bureau of Social Services and report the number of children kept at the facility with the State Department of Social Services bureau by January second of every year. These facilities must pass annual inspections by state or local authorities for compliance with the fire, health, and sanitation requirements.
Section 20-7-2250. The Department Bureau of Social Services shall administer the provisions of this subarticle and shall make and promulgate such rules and regulations relating to licensing standards and other matters as may be necessary to carry out the purposes of this subarticle.
Section 20-7-2260. The department Bureau of Social Services may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this subarticle. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the department bureau shall, after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses. An appeal of the agency's decision may be made to an administrative law judge pursuant to the Administrative Procedures Act.
Section 20-7-2270. A licensed child welfare agency may place children in family homes for care, if authorized to do so by the Department bureau. Any child so placed may be taken from such family home when the child welfare agency responsible for his care is satisfied that the child's welfare requires such action.
Section 20-7-2275. (A) As used in this section, unless the context otherwise requires:
(1) 'Department Bureau' means the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services; and
(2) 'Foster parent' means any person with whom a child in the care, custody, or guardianship of the department bureau is placed for temporary or long-term care.
(B) There is established a 'Kinship Foster Care Program' in the State Department Bureau of Social Services.
(C) When a child has been removed from his home and is in the care, custody, or guardianship of the department bureau, the department bureau shall attempt to identify a relative who would be appropriate for placement of the child in accordance with the preliminary investigation requirements of Section 20-7-610 and in accordance with Section 20-7-764(B)(6). If the department bureau determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department bureau that the relative is interested in providing placement for a child requiring foster care, and the relative is not already licensed to provide foster care, the department bureau shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents. If the relative is licensed by the department bureau to provide kinship foster care services, in accordance with rules and regulations adopted by the department bureau regarding kinship foster care, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(D) The department bureau shall establish, in accordance with this section and the rules and regulations promulgated hereunder, eligibility standards for becoming a kinship foster parent.
(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for licensing as a kinship foster parent.
(2) The kinship foster parent must be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the department bureau may waive the age requirement.
(3)(a) A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations promulgated pursuant to this section. Residents of the household who are age eighteen years of age or older must undergo the state and federal fingerprint review procedures as provided for in Section 20-7-1640. The department bureau shall apply the screening criteria in Section 20-7-1642 to the results of the fingerprint reviews and the licensing study.
(b) The department bureau shall maintain the confidentiality of the results of fingerprint reviews as provided for in state and federal regulations.
(4) The department bureau shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child.
(E)(1) The department bureau shall involve the kinship foster parents in development of the child's permanent plan pursuant to Section 20-7-766 and other plans for services to the child and the kinship foster home. The department bureau shall give notice of proceedings and information to the kinship foster parent as provided for elsewhere in this article for other foster parents. If planning for the child includes the use of child day care, the department bureau shall pay for child care arrangements, according to established criteria for payment of these services for foster children. If the permanent plan for the child involves requesting the court to grant custody or guardianship of the child to the kinship foster parent, the department bureau must ensure that it has informed the kinship foster parent about adoption, including services and financial benefits that might be available.
(2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. Kinship foster parents and placements made in kinship foster care homes are subject to the requirements of Section 20-7-767.
Section 20-7-2280. No officer, agent or employee of the Department Bureau of Social Services or a child welfare agency shall directly or indirectly disclose information learned about the children, their parents or relatives or other persons having custody or control of them.
Section 20-7-2290. Any person and any officer, agent or employee of the Department Bureau of Social Services or of a child welfare agency who violates any of the provisions of this subarticle, or who shall intentionally make any false statement to the Department bureau shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court.
Section 20-7-2300. It is the purpose of this subarticle to achieve the objective of the best interests of the child, as the primary client. Adoption programs must be structured so that all questions of interpretation are resolved with that objective in mind. To achieve this objective, adoption services must be delivered in the most effective and cost-efficient manner with assurances for the provision of quality services.
Section 20-7-2305. The General Assembly finds that there should no longer be two public adoption agencies in South Carolina and that a single system within a comprehensive children's services agency is needed to assure that public adoption services are provided in the most effective and efficient manner. Therefore, the functions of the Children's Bureau of South Carolina are transferred to the adoption program within the Department Bureau of Social Services.
The public adoption agency shall monitor and evaluate all public placements so as to insure that placements are suitable and in the best interests of the child. Any administrative costs savings accrued through the establishment of a single public adoptive system must be directed into the provision of adoption services.
Section 20-7-2307. The department Bureau of Social Services shall take all actions necessary to achieve accreditation of its adoption program by a nationally recognized accreditation organization, such as the Council on Accreditation of Services for Families and Children, as soon as practicable.
Section 20-7-2310. The Department Bureau of Social Services shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the department bureau must be a centrally administered state program. The department bureau shall designate regions which will be administered by the state office. The adoption unit office shall constitute a separate and distinct unit within the department bureau so as to assure specialization of effort and effective access to the department director bureau chief. This unit office must be staffed with qualified personnel professionally trained in the social work or other related fields. The department bureau shall continually evaluate its staffing, functions, policies, and practices on the basis of nationally recognized standards. A committee to advise the department bureau on all children's services must be appointed by the department director bureau chief. Persons appointed to the committee must be knowledgeable on adoption, protective services, foster care, and other children's services.
Section 20-7-2323. The Department Bureau of Social Services, before it may accept as a client a parent or parents, or prospective parent or parents who wish to relinquish their child for adoption, must first provide them with an informational brochure which outlines the services available from and the procedure used to select adoptive parents by the Department bureau and by the licensed private adoption agencies in this State. It must also contain a listing of the licensed private adoption agencies in this State. The information contained in the brochure relating to the private adoption agencies must be jointly authored by the private adoption agencies and furnished to the Department bureau. The Department may bureau shall not accept the above persons as clients until a period of forty-eight hours has elapsed from the time they are furnished this brochure, and the Department bureau upon accepting these persons as clients must have them sign an affirmative statement that they have received this brochure and this statement must be kept in the adoption file maintained by the Department bureau.
Section 20-7-2340. The department Bureau of Social Services shall establish fees for certain adoption and related services. The fees must be charged on a scale related to income as established by the state board, but the inability to pay a fee does not preclude the providing of any service.
A fee may shall not be charged for the placement of a child with special needs, as defined by the South Carolina Adoption Act of 1986, into an adoptive home.
Fees collected under this section must be forwarded to the State Treasurer who shall hold them in a separate account. These funds may be expended only as provided for by the General Assembly. Of the funds authorized to be expended, not less than seventy-five percent must be used for the sole purpose of paying for the medical and maternity home expenses incurred by clients (1) who are pregnant, (2) who have requested the services of the Department bureau of Social Services in planning for permanence for their child, and (3) for whom other public or private funds are not available, and the remainder of the funds may be used to defray other operating expenses related to adoption service delivery.
Section 20-7-2345. The Children's Bureau is the guardian of any destitute, dependent, neglected, or delinquent child committed to the care of the Children's Bureau and shall, as soon as practicable, place the child in a private home, either temporarily or as a member of the family, and, when this action is considered proper and desirable and does not conflict with any retained legal rights of the biological parents of the child, the Children's Bureau may consent in loco parentis to the legal adoption of the child."
SECTION 53. Subarticles 7 and 9, Article 13, Chapter 7, Title 20 of the 1976 Code are amended to read:
Section 20-7-2440. When used in this article and unless the specific context indicates otherwise:
(A) 'Dependent child' means a child under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from home or physical or mental incapacity of a parent and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as his or their own home and who, if not granted aid, is likely to become a public charge or who would otherwise be deprived of proper support, care or training or a child under the age of twenty-one years who is attending high school or college or regularly attending a course of vocational or technical training;
(B) The term 'dependent child' shall also include a child (a) who would meet the requirements of subsection (A) except for his removal, after April 30, 1961, from the home of a relative, specified in subsection (A) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child (b) whose placement and care are the responsibility of the state agency and (c) who has been placed in a foster family home or child care institution as a result of such determination. The term 'foster family home' or 'child care institution' means a foster family home or child care institution for children which is licensed by the State; and
(C) 'Aid to dependent children or needy relative' means money payments with respect to or medical care in behalf of or any type of remedial care recognized under state law in behalf of a dependent child or dependent children, or a needy relative with whom any dependent child is living.
Section 20-7-2450. The State Department Bureau of Social Services may cooperate with the Federal Government in the development of plans and policies for aid to dependent children. It shall administer all funds appropriated or made available for this purpose.
Section 20-7-2460. Any person having knowledge that any child is dependent and that the interest of such child or of the public requires that such child be granted aid may bring such fact to the attention of the county department of social services in the county in which the dependent child has residence or to the State Department Bureau of Social Services by making application for aid on such blanks as the State Department Bureau shall prescribe and supply, furnishing such information as is required thereon and is necessary for the proper administration of these purposes.
Section 20-7-2470. The county department of social services shall make an investigation and examination of the circumstances of such child. Such investigation and examination shall be made in accordance with rules prescribed by the State Department Bureau of Social Services. A report of such investigation and examination shall be made in writing and shall become a part of the records of the county department.
Section 20-7-2480. If such child is found to be in need, the county department of social services shall grant such aid as may be necessary for the support of such child in his own home or in the home of one of his relatives as set forth in this article, in a manner compatible with decency and health. In case application for aid for a dependent child is rejected by the county department appeal may be made to the State Department Bureau of Social Services as elsewhere provided in this article.
Section 20-7-2490. In granting aid for dependent children the amount granted shall not exceed thirty dollars per month for one child in any home, nor twenty-one dollars per month for each additional child in the same home, and shall not exceed thirty dollars per month for a needy relative with whom any dependent child is living. Provided, the State agency Bureau of Social Services shall with respect to any month disregard (1) all of the earned income of each dependent child receiving aid to families with dependent children Temporary Assistance to Needy Families who is a full-time student to part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment, and (2) in the case of earned income of a dependent child not included under item (1), a relative receiving such aid, and any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first thirty dollars of the total of such earned income for such month plus one third of the remainder of such income for such month. Provided, further, that However, the provisions of this item shall do not apply to earned income derived from participation on a project maintained under the programs established by Section 432(b)(2) and (3) of the Federal Social Security Act. Provided, further, that However, within the limitations of the State appropriation the maximum amount per caretaker and per child may be increased not in excess of the amount which may hereafter be matched by the Federal Government.
Section 20-7-2500. Each county department of social services shall prepare, as required by the State Department Bureau of Social Services, an estimate of the amount needed for dependent children in its county. Such estimate shall set forth the number of children being aided, with the amounts of grants to each individual child and such information or data as is necessary for the State Department bureau to estimate the probable increase or decrease during the next ensuing period. A copy of such estimates from the various county departments shall be furnished each member of the legislative delegation of the respective counties.
Section 20-7-2510. The State Treasurer shall receive and deposit in the State Treasury any Federal funds allotted to the State under Section 403 of Title IV of the Federal Social Security Act, or otherwise, for aid to dependent children. Such sums shall be kept by the State Treasurer in a dependent children's aid account.
Section 20-7-2610. (A) The State Department Bureau of Social Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes set forth in this subarticle. The compact has the effect of law.
(B) For the purposes of this subarticle:
(1) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
(2) 'Adoption assistance state' means the state that is signatory to an adoption assistance agreement in a particular case.
(3) 'Residence state' means the state of which the child is a resident by virtue of the residence of the adoptive parents.
Section 20-7-2620. A compact entered into pursuant to the authority conferred by this subarticle must contain:
(1) a provision making it available for joinder by all states;
(2) a provision for withdrawal from the compact upon written notice to the parties but one year between the date of the notice and the effective date of the withdrawal;
(3) a requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and that the agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance;
(5) other provisions as may be appropriate to implement the proper administration of the compact.
Section 20-7-2630. A compact entered into pursuant to the authority conferred by this subarticle may contain provisions in addition to those required by Section 20-7-2620 as follows:
(1) establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs of the services;
(2) other provisions as may be appropriate or incidental to the proper administration of the compact.
Section 20-7-2640. (A) A child with special needs who is a resident in the State who is the subject of an adoption assistance agreement with another state may receive medical assistance identification from this State upon the filing with the Department Bureau of Social Services of a certified copy of the agreement obtained from the adoption assistance state. In accordance with regulations of the department bureau, the adoptive parents at least annually shall show that the agreement is still in force or has been renewed.
(B) The Department of Health and Human Services, Division of Health Care Financing shall consider the holder of medical assistance identification pursuant to this section as any other holder of medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(C) The Department of Health and Human Services Division of Health Care Financing or the Department Bureau of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department bureau for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department bureau shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance.
(D) The provisions of this section apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State are eligible to receive assistance in accordance with the laws and procedures applicable to the agreements.
Section 20-7-2650. Consistent with federal law, the Department Bureau of Social Services in connection with the administration of this subarticle and a compact pursuant to it must include in a state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV (e) and XIX of the Social Security Act, and other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department bureau shall apply for and administer all relevant federal aid in accordance with the law.
Section 20-7-2660. A person who submits a claim for payment or reimbursement for services or benefits pursuant to this subarticle or makes a statement in connection with payment or reimbursement, which he knows or should know to be false, misleading, or fraudulent, is guilty of a misdemeanor. Upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."
SECTION 54. Section 20-7-3080 of the 1976 Code, as amended by Act 92 of 2003, is further amended to read:
"Section 20-7-3080. The Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody."
SECTION 55. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-5510. The Office of Child Development and Social Services Block Grants in the Bureau of Social Services shall establish child development services in the following counties: Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, Chesterfield, Fairfield, Jasper, Lexington, Newberry, and Orangeburg. The services established in each county must provide at least thirty slots for the children of that county.
Section 20-7-5520. The Office of Child Development and Social Services Block Grants shall expand existing child development services in the following counties: Beaufort, Charleston, Florence, Greenville, Hampton, and Richland. The services in each county must be expanded to provide at least twenty new slots but no more than sixty new slots for the children of each county.
Section 20-7-5530. The establishment and expansion of the child development services mandated by Sections 44-6-300 and 44-6-310 must be accomplished within the limits of the appropriations provided by the General Assembly in the annual General Appropriations Act for this purpose and in accordance with the Department of Health and Human Services policies for child development services funded through Title XX."
SECTION 56. Article 32, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-9505. Notwithstanding Section 20-7-420 and any other provision of law, the Office of Child Support Enforcement Division of the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, or its designee, also has jurisdiction to establish paternity, to establish and enforce child support, and to administratively change the payee in cases brought pursuant to Title IV-D of the Social Security Act in accordance with this article.
Section 20-7-9510. As used in this article, unless the context otherwise requires:
(1) 'Arrearage' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.
(2) 'Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.
(3) 'Court' or 'judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.
(4) 'Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.
(5) 'Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(6) 'Director' means the Director of the Office of Child Support Enforcement Division of the State Department Bureau of Social Services or the director's designees.
(7) 'Division Office' means the Office of Child Support Enforcement Division of the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services.
(8) 'Duty of support' means a duty of support imposed by law, by order, decree, or judgment of a court or by administrative order, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. 'Duty of support' includes the duty to pay a monthly support obligation and any arrearage.
(9) 'Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division office pursuant to this article.
(10) 'Obligee' means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.
(11) 'Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.
(12) 'Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Office of Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.
(13) 'Payee' means a custodial parent on whose behalf child support payments are being collected or an agency or its designee in this or another state to which an assignment of rights to child support has been made.
(14) 'Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.
Section 20-7-9515. The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division Office of Child Support Enforcement pursuant to Title IV-D of the Social Security Act. The notice shall state that:
(1) the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support;
(2) the division office may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in the notice; and
(b) fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or
(c) fails to send the division office a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later.
(3) That the obligor may request a court hearing within thirty days after the receipt of the notice of financial responsibility pursuant to Section 20-7-9540.
(4) That the order of default must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides; that as soon as the order of the default is filed, it shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court.
(5) No court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division office to certify past due amounts of child support to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund;
(6) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child;
(7) That the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
(8) That the division office may issue an administrative subpoena to obtain income information from the obligor.
(9) The amount of any arrearage which has accrued under an administrative or court order from support.
(10) That the costs of collections may be assessed against and collected from the obligor.
(11) That the obligor may assert the following objections in the negotiation conference and that, if the objects are not resolved, the division office shall schedule a court hearing pursuant to Section 20-7-9525(C):
(a) that the dependent child has been adopted by a person other than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for support as to the monthly support obligation.
(12) That the duty to provide medical support must be established under this article in accordance with the state child support guidelines.
(13) That an order issued pursuant to this article or an existing order of a court also may be modified under this article in accordance with the Uniform Interstate Family Support Act.
(14) That the obligor is responsible for notifying the division office of any change of address or employment within ten days of the change.
(15) That, if the obligor has any questions, the obligor should telephone or visit the division office.
(16) That the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference.
(17) Other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
Section 20-7-9520. (A) The division office shall serve a notice of financial responsibility on the obligor not less than thirty days before the date stated in the notice for the negotiation conference:
(1) in the manner prescribed for service of process in a civil action; or
(2) by an employee appointed by the division office to serve process; or
(3) by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.
(B) Notice of a rescheduled negotiation conference must be served on the obligor not less than ten days before the date stated in the notice of continuance of negotiation conference.
Section 20-7-9525. (A) An obligor who has been served with a notice of financial responsibility pursuant to Section 20-7-9520 and who does not request a hearing pursuant to Section 20-7-9540 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference before the date and time stated in the notice. The negotiation conference must be scheduled not more than ninety days after the date of the issuance of the notice of financial responsibility. A negotiation conference may shall not be rescheduled more than once without good cause as defined in regulations promulgated pursuant to the Administrative Procedures Act. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the division office shall issue a consent order setting forth:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of arrearage due and owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection (A) and proof of service must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding and contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division office to certify past-due amounts of child support to the Internal Revenue Service or State Department of Revenue for purposes of intercepting a federal or state tax refund, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference, the division office shall file the notice of financial responsibility and proof of service with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides, and the matter must be set for a hearing in accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
Section 20-7-9530. (A) If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division Office of Child Support Enforcement with a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of the date of service of the notice of financial responsibility, whichever is later, the division office shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of the arrearage due and owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
(B) A copy of an order of default issued pursuant to Subsection (A), proof of service, and an affidavit of default must be filed with the family court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).
(C) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
(D) If an affidavit of service shows that the obligor has been afforded less than the required thirty days notice of the negotiation conference, the negotiation conference must be rescheduled. The obligor must be given at least ten days notice of the rescheduled conference, pursuant to Section 20-7-9520. If the obligor fails to appear for the rescheduled negotiation conference and fails to request a court hearing before the date of the rescheduled negotiation conference, the division office shall issue an order of default in accordance with subsection (A).
Section 20-7-9535. (A) A copy of an order of financial responsibility or a consent order issued by the division Office of Child Support Enforcement must be sent by the division office by first class mail to the obligor or the obligor's attorney of record and to the custodial parent.
(B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children Temporary Assistance to Needy Families, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child.
(C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.
Section 20-7-9540. (A) An obligor who objects to a part of the notice of financial responsibility, within thirty days of receipt of the notice, shall make a written request for a court hearing to the division Office of Child Support Enforcement. The request must be served upon the division office by certified mail or in the same manner as a summons in a civil action.
(B) Upon receipt of a written request for a hearing, the division office shall file the written request for a hearing, the notice of financial responsibility, and proof of service with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides and shall request the court to set a hearing for the matter. The clerk of court shall send a notice to the obligor and the division office informing them of the date and location of the hearing. If the obligor raises issues relating to custody or visitation and the court has jurisdiction to hear these matters, the court shall set a separate hearing for those issues after entry of the order.
Section 20-7-9545. (A) The division Office of Child Support Enforcement may establish paternity of a child in the course of a negotiation conference held pursuant to Section 20-7-9525 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 20-7-9520. In addition to the notice of financial responsibility as set forth in Section 20-7-9515, the division office must serve the alleged father with a notice of paternity determination which shall include:
(1) an allegation that the alleged father is the natural father of the child involved;
(2) the child's name and date of birth;
(3) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;
(4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;
(5) a statement that if the alleged father timely denies the allegation of paternity:
(a) the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father;
(b) a genetic test may result in a presumption of paternity; and
(c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division office to refer the matter to Family Court for a determination of paternity pursuant to Section 20-7-9540. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.
(B) The alleged father may file a written denial of paternity with the division office within thirty days after service of the notice of paternity determination.
(C) When there is more than one alleged father of a child, the division office may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the division office from serving notice on any other alleged father of the same child.
Section 20-7-9590. (A) If the testimony and other supplementary evidence presented at the negotiation conference demonstrate a reasonable probability that the alleged father had sexual intercourse with the child's mother during the probable time of the child's conception or if the evidence shows a probable existence of a presumption, the division Office of Child Support Enforcement may issue a subpoena ordering the alleged father to submit to paternity genetic testing. A reasonable probability of sexual intercourse during the possible time of conception may be established by affidavit of the child's mother.
(B) If the division office does not receive a timely written denial of paternity or if an alleged father fails to appear at the negotiation conference or for a scheduled paternity test, the division office may enter an order declaring the alleged father the legal father of the child. The order takes effect fifteen days after entry of default unless the alleged father before the fifteenth day presents good cause for failure to make a timely denial or for failure to appear at the negotiation conference or to undergo genetic testing. The division may office shall not enter an order under this section if there is more than one alleged father unless the default applies to only one alleged father and all other alleged fathers have been excluded by the results of genetic testing. If there is more than one alleged father who has not been excluded by the results of genetic testing, the division office may petition the court for a hearing to establish paternity.
(C) If the rights of others and the interests of justice require, the division office may apply to any Family Court for an order compelling an alleged father to submit to genetic testing. The court shall hear the matter as expeditiously as possible. If the court finds reasonable cause to believe that the alleged father is the natural or presumed father of the child, the court shall enter an order compelling the alleged father to submit to a genetic test. As provided in subsection (A), reasonable cause may be established by affidavit of the child's mother.
Section 20-7-9555. The division Office of Child Support Enforcement shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.
Section 20-7-9560. (A) The division Office of Child Support Enforcement may establish all duties of support including the duty to pay any arrearage and may enforce duties of support from an obligor pursuant to this article if that action is requested by an agency of another state which is operating under Title IV-D of the federal Social Security Act, as amended.
(B) If the division office proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown.
(C) If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing.
(D) The remedies provided by this article are additional to those remedies provided by the 'Uniform Interstate Family Support Act'.
Section 20-7-9565. (A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division Office of Child Support Enforcement may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division office shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division office by serving the division office by certified mail. If the division office does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division office shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. If the division office objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division office shall advise the obligor or obligee that a petition for review may be filed with the Family Court.
(B) A request for modification made pursuant to this section does not preclude the division office from enforcing and collecting upon the existing order pending the modification proceeding.
(C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160.
Section 20-7-9570. In cases in which support is subject to an assignment or a requirement to pay through any state disbursement unit which may be established, the division Office of Child Support Enforcement or its designee may direct the obligor or the payor to change the payee to the appropriate government entity. The division office shall provide written notification of this change to the obligor and the obligee not less than ten days before the effective date of the change.
Section 20-7-9575. When necessary in the discharge of the duties of the department Office of Child Support Enforcement to establish, modify, or enforce a child support order, the department Bureau of Social Services may issue an administrative subpoena or subpoena duces tecum to a state, county, or local agency, board or commission, or to any private entity or individual or to any representative of a state, county, or local agency, board or commission, or private entity to compel the production of documents, books, papers, correspondence, memoranda, and other records relevant to the discharge of the department's bureau's duties. The department bureau may assess a civil fine of one hundred dollars per occurrence for failure to obey a subpoena or subpoena duces tecum issued pursuant to this section, in addition to any other remedies as permitted by law. A subpoena or subpoena duces tecum issued under this section may be enforced pursuant to Section 20-7-420."
SECTION 57. Chapter 21, Title 43 of the 1976 Code is amended to read:
Section 43-21-10. There is created in the Office of the Governor, the Division on Aging in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services. The division office must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division Office on Aging and five members from the State at large. The director of the division office shall provide statewide notice that nominations may be submitted to the director from which the Governor shall appoint the members of the council, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division office. Rules and procedures must be adopted by the council for the governance of its operations and activities.
Section 43-21-20. The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.
The Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council.
Section 43-21-40. The division Office on Aging shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of federal or state law. The division office may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter.
The division office shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program.
It shall also be the duty of the division office to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging.
Without limiting the foregoing, the division office is specifically authorized to:
(a) Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging.
(b) Promote community education in the problems of older people through institutes, publications, radio, television, and the press.
(c) Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging.
(d) Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging.
(e) Serve as a clearinghouse for information in the field of aging.
(f) Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation.
(g) Engage in any other activity deemed necessary by the division office to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State;
(h) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose;
(i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services;
(j) designate area agencies on aging as required by the Older Americans Act;
(k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.
Section 43-21-45. The Governor's Office, Division Office on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network.
Section 43-21-50. The division Office on Aging may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.
Section 43-21-60. The division Office on Aging shall submit an annual report to the Governor Chief of the Bureau of Senior and Adult Protection Services and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division office during the year.
Section 43-21-70. The Governor Chief of the Bureau of Senior and Adult Protection Services may employ a director to be the administrative officer of the division of the Office on Aging who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240.
Section 43-21-80. The Director of the Office on Aging shall appoint employ any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefor in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements.
Section 43-21-100. The division Office on Aging shall prepare the budget for its operation which must be submitted to the Governor and to the General Assembly for approval Chief of the Bureau of Senior and Adult Protection Services.
Section 43-21-110. The General Assembly shall provide an annual appropriation to carry out the work of the Commission Office on Aging.
Section 43-21-120. There is created the Coordinating Council to the Division Office on Aging to work with the division office on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director Chief of the Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, the Director Chief of the Department Bureau of Mental Health in the Department of Health And Human Services, Division of Behavioral Health Services, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director Undersecretary of the Division of Health Care Financing in the Department of Health and Human Services, the Director Chief of the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services, and the Chairperson of the Commission on Women.
The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
The chairman of the advisory commission and the director of the Division Office on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.
Section 43-21-130. (A) There is created the Long-Term Care Council (council) composed of the following voting members:
(1) the Governor or his designee;
(2) the Director of the Department Chief of the Bureau of Social Services, in the Department of Health and Human Services, Division of Human Services;
(3) the Director of the Department of Health and Environmental Control;
(4) the Director of the Department Bureau of Mental Health, in the Department of Health and Human Services, Division of Behavioral Health Services;
(5) the Director of the Department of Disabilities and Special Needs;
(6) the Director of the Division Office on Aging;
(7) the Director of the Department of Health and Human Services Reserved;
(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee Reserved;
(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;
(10) one representative of each of the following groups appointed by the Governor annually:
(a) long-term care providers;
(b) long-term care consumers;
(c) persons in the insurance industry developing or marketing a long-term care product.
(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Governor to represent private groups serve without compensation.
(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.
Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:
(1) charges based on ability to pay for persons not eligible for Medicaid;
(2) coordination of community services;
(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;
(4) case management; and
(5) discharge planning and services.
The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives.
Section 43-21-150. The Division Office on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and
(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.
This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.
Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Division Office on Aging.
(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.
(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.
(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may shall not take the place of these programs and services.
(E) The South Carolina Division Office on Aging shall carry out all activities necessary to administer the fund.
Section 43-21-170. In administering the Eldercare Trust Fund, the division Office on Aging may, but is not limited to:
(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;
(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;
(3) solicit proposals for programs that are aimed at meeting identified service needs;
(4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;
(5) establish criteria for awarding grants; and
(6) enter into contracts for the awarding of grants to public and private nonprofit organizations.
Section 43-21-180. Funds deposited in the trust fund and all earnings from the investment of these funds, after allowances for operating expenses, are available for disbursement upon authorization of the division office. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division office.
Section 43-21-190. There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:
(1) identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;
(2) make recommendations to the Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;
(3) arrange educational forums to explore issues related to older South Carolinians;
(4) promote good government for all South Carolinians.
The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc., in coordination with the state's network of aging programs.
The nonpartisan model legislature shall conduct its general assembly annually."
SECTION 58. Section 43-35-10(5) of the 1976 Code is amended to read:
"(5)(a) 'Investigative entity' means the Office of Long Term Care Ombudsman Program Services or the Office of Adult Protective Services Program in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services;
(b) 'Bureau of Long Tern Care Ombudsman Program' means the Ombudsman in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services in the Department of Health and Human Services, Division of Human Services;
(c) 'Office of Adult Protective Services' means the Office of Adult Protective Services in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services."
SECTION 59. Section 43-35-55(D), (E), and (F) of the 1976 Code are amended to read:
"(D) When a law enforcement officer takes protective custody of a vulnerable adult under this section, the law enforcement officer must immediately notify the Office of Adult Protective Services Program and the county department of social services in the county where the vulnerable adult was situated at the time of being taken into protective custody. This notification must be made in writing or orally by telephone or otherwise and must include the following information:
(1) the name of the vulnerable adult, if known, or a physical description of the adult, if the name is unknown;
(2) the address of the place from which the vulnerable adult was removed by the officer;
(3) the name and the address, if known, of any person who was exercising temporary or permanent custody of or control over or who was the caregiver of the vulnerable adult at the time the adult was taken into protective custody;
(4) the address of the place to which the vulnerable adult was transported by the officer;
(5) a description of the facts and circumstances resulting in the officer taking the vulnerable adult into protective custody.
(E) The Department of Social Services Bureau of Senior and Adult Protection Services in the Department of Health and Human Services, Division of Human Services is responsible for filing a petition for protective custody within one business day of receiving the notification required by subsection (D).
(F) The family court shall hold a hearing to determine whether there is probable cause for the protective custody within seventy-two hours of the Department of Social Services Bureau of Senior and Adult Protection Services filing the petition, excluding Saturdays, Sundays, and legal holidays."
SECTION 60. Section 43-35-310(A)(2)(d) through (k) of the 1976 Code are amended to read:
"(d) Commission Office on Aging, in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services Executive Director, or a designee;
(e) Criminal Justice Academy, Executive Director, or a designee;
(f) South Carolina Department of Health and Environmental Control, Commissioner or a designee;
(g) State Department Bureau of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services, Commissioner Bureau Chief, or a designee;
(h) South Carolina Department of Mental Retardation Disabilities and Special Needs, Commissioner Director, or a designee;
(i) Office of Adult Protective Services Program, Director, or a designee;
(j) Health and Human Services Finance Commission, Executive Director, Department of Health and Human Services, Division of Health Financing, Undersecretary or a designee;
(k) Joint Legislative Committee on Aging, Chair, or a designee;"
SECTION 1. Section 20-7-2376(G) of the 1976 Code is amended to read:
"(G) To report to the state office of the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (A) and (B) of this section.
Any case findings or recommendations of a local review board are advisory."
SECTION 2. Section 20-7-2379 of the 1976 Code is amended to read:
"Section 20-7-2379. (A) There is created, as part of the Office of the Governor, the Division Bureau for Review of the Foster Care Review of Children in the Department of Health and Human Services, Division of Advocacy and Service Coordination. The division bureau must be supported by a an advisory board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at-large, all appointed by the Governor with the advice and consent of the Senate.
(B) Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Appointments must be made by the Governor for terms of four years to expire on June thirtieth of the appropriate year.
(C) The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board.
(D) The board shall meet at least quarterly and more frequently upon the call of the division director bureau chief to review and coordinate the activities of the local review boards and make recommendations to the Governor Undersecretary for the Division of Advocacy and Service Coordination and for submission to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in Section 20-7-2376(A) and (B). These recommendations must be submitted to the Governor undersecretary and included in an annual report, filed with the General Assembly, of the activities of the state office bureau and local review boards.
(E) The board bureau, upon recommendation of the division director advisory board, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.
(F) The Governor undersecretary may employ a division director bureau chief to serve at the Governor's undersecretary's pleasure who may be paid an annual salary to be determined by the Governor undersecretary. The director may be removed pursuant to Section 1-3-240. The director bureau chief shall employ staff as is necessary to carry out this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor undersecretary.
(G) This subarticle may shall not be construed to provide for subpoena authority."
SECTION 3. Section 20-7-2386 of the 1976 Code is amended to read:
"Section 20-7-2386. (A) No person may be employed by the Division Bureau for Review of the Foster Care Review of Children, Office of the Governor, or may serve on the state or a local foster care review board if the person:
(1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, in the Central Registry of Child Abuse and Neglect pursuant to Section 20-7-680;
(2) has been convicted of or pled guilty or nolo contendere to:
(a) an 'offense against the person' as provided for in Title 16, Chapter 3;
(b) an 'offense against morality or decency' as provided for in Title 16, Chapter 15; or
(c) contributing to the delinquency of a minor, as provided for in Section 16-17-490.
(B) Before a person is employed by the Division Bureau for Review of the Foster Care Review of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division bureau shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department Bureau of Social Services for a records check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the state or a local board is in violation of subsection (A). A list of the persons employed by the division Bureau of Foster Care Review or serving on the state or local boards also must be submitted annually to the Department Bureau of Social Services for a records check of indicated reports or affirmative determinations to certify that no person employed by the division Bureau of Foster Care Review or serving on a board is in violation of subsection (A)(1). The division may Bureau of Foster Care Review shall not be charged by the Department Bureau of Social Services for these records checks."
SECTION 4. Section 20-7-121 of the 1976 Code is amended to read:
"Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Attorney General's Office of the Governor."
SECTION 5. Section 20-7-125 of the 1976 Code is amended to read:
"Section 20-7-125. All reports made and information collected as described in Section 20-7-690(A) must be made available to the guardian ad litem by the Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services. Upon proof of appointment as guardian ad litem and upon the guardian ad litem request, access to information must be made available to the guardian ad litem by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child."
SECTION 6. Section 20-7-5610 of the 1976 Code is amended to read:
"Section 20-7-5610. It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Bureau of Continuum of Care for Emotionally Disturbed Children Division is established in the office of the Governor Department of Health and Human Services, Division of Advocacy and Service Coordination. This article supplements and does not supplant existing services provided to this population."
SECTION 7. Section 20-7-5660 of the 1976 Code is amended to read:
"Section 20-7-5660. The Governor Undersecretary for the Division of Advocacy and Service Coordination may employ a director to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The director bureau chief who shall employ staff necessary to carry out the provisions of this article. The funds for the director bureau chief, staff, and other purposes of the Continuum of Care Division Bureau must be provided in the annual general appropriations act. The division bureau shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article."
SECTION 8. Article 19, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-5210. There is created the Bureau of Children's Case Resolution System Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination, referred to in this article as the System bureau, which is a process of reviewing cases on behalf of children for whom the appropriate public agencies collectively have not provided the necessary services. The System must be housed in and staffed by the Governor's Office.
Section 20-7-5220. The purposes of the System Bureau of Children's Case Resolution Services are:
(a) to review cases of children referred to the System bureau to determine the need to facilitate or recommend services for the children, or both, and to designate the responsibilities of each public agency as they relate to the children;
(b) to arbitrate cases where the public agencies charged with administering services to a child are unable to agree upon the services to be provided or where the proportion of the expense for the services to be paid by the agencies cannot be agreed upon; and
(c) to collectively review the cases of children to recommend changes or improvements, or both, in the delivery of service by public agencies serving children.
Section 20-7-5230. Cases may be reviewed by the System Bureau of Children's Case Resolution Services when there is a disagreement between the child's parent and the local educational agency state operated programs, and all due process rights and procedures provided under Public Law 94-142 have been exhausted or terminated by written agreement by the parties; or there is no disagreement between the child's parent and the local educational agency state operated programs as to the services necessary for the child, but there has been an inability to obtain appropriate services.
Decisions made through the System bureau are binding on all parties subject to item (e) of Section 20-7-5240. The decisions must comply with all principles of 'least restrictive environment', as used in Public Law 94-142 and of the other provisions of the public law; must serve the children through their families and communities except where not possible; and must comply with all provisions of law regarding division of financial responsibility among public agencies, if any.
Section 20-7-5240. The functions of the System Bureau of Children's Case Resolution Services include, but are not limited to, the following:
(a) receive case referrals from any source;
(b) review each case referred and continue in the bureau only the cases in which individual public agency and interagency efforts to resolve the case have been exhausted;
(c) conduct meetings with public agency representatives designated by the System bureau as relevant to the case for the purpose of obtaining the unanimous consent of the designated agencies in the development of a plan for each child and designating the responsibilities of each agency pursuant to that plan. Each agency requested by the System bureau shall send a representative to the meetings and shall provide information and assistance as may be required by the System bureau. Parties that have prior experience with the child or who logically are presumed to have service delivery responsibility for the child shall participate;
(d) convene a committee composed of public agency heads designated by the System bureau as relevant to the case when unanimous consent is not obtained as required in item (c) for the purpose of obtaining the unanimous consent of the designated agencies in determining the child's service needs and designating the responsibilities of each agency as they relate to the child's service needs. Each agency must be represented by the agency head or by a member of the agency staff having the power to make final decisions on behalf of the agency head;
(e) when unanimous consent is not obtained as required in item (d), a panel must be convened composed of the following persons:
(1) one public agency board member and one agency head appointed by the Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case;
(2) one legislator appointed by the Governor upon the recommendation of the Joint Legislative Committee on Children a child advocacy organization; and
(3) two members appointed by the Governor, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the System bureau, who have knowledge of public services for children in South Carolina.
The chairman must be appointed by the Governor from members appointed as provided in subitem (3) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (c) and (d) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may shall not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the State Budget and Control Board. When the panel identifies similar cases that illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may shall not accept any similar cases for decision until the General Assembly takes appropriate action, however, the System bureau may continue to perform the functions provided in items (c) and (d).
Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (1) and (2) of this item, and the System bureau is responsible for the compensation of the members appointed in subitem (3) of this item;
(f) monitor the implementation of case findings and panel recommendations to assure compliance with the decisions made by the System bureau for each child;
(g) recommend improvements for the purpose of enhancing the effective operation of the System bureau and the delivery of service to children by public agencies;
(h) submit an annual report on the activities of the System to the Governor, the Joint Legislative Committee on Children bureau to the Undersecretary of the Division of Advocacy Service Coordination, and agencies designated by the System bureau as relevant to the cases; and
(i) compile and transmit additional reports on the activities of the System bureau, and recommendations for service delivery improvements, as necessary, to the Governor and the Joint Legislative Committee on Children Undersecretary of the Division of Advocacy and Service Coordination.
Section 20-7-5245. Except as provided in this section, all emotionally disturbed children considered for placement in a substitute care setting outside South Carolina must be referred to the Bureau of Children's Case Resolution System Services. No child may be placed in a substitute care setting outside South Carolina without written explanation in the child's records by the involved agencies. The explanation must include, but is not limited to, what services have been utilized within South Carolina and what resources have been secured outside this State that are not available within South Carolina. If the appropriate substitute care setting is located outside South Carolina but within fifty miles of the state line and is closer to the child's home than an appropriate setting within South Carolina, the child's case is not required to be referred to the Children's Case Resolution System bureau.
Section 20-7-5250. No additional staff nor state funds may be provided to carry out the administrative provisions of this article."
SECTION 9. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
Section 20-7-2700. For the purpose of this subarticle:
a. 'Childcare' means the care, supervision, or guidance of a child or children, unaccompanied by the parent, guardian, or custodian, on a regular basis, for periods of less than twenty-four hours per day, but more than four hours, in a place other than the child's or the children's own home or homes.
b. 'Childcare facilities' means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, childcare centers, group childcare homes, and family childcare homes. The term does not include:
(1) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above;
(2) five-year-old kindergarten programs;
(3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;
(4) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;
(5) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks;
(6) summer resident camps for children;
(7) bible schools normally conducted during vacation periods;
(8) facilities for the mentally retarded provided for in Chapter 21, Title 44;
(9) facilities for the mentally ill as provided for in Chapter 17, Title 44;
(10) childcare centers and group childcare homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for childcare services; however, these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090.
c. 'Public childcare facility' means a facility as defined under item b. of this section which was created and exists by act of the State, or a county, city or other political subdivision, whose operation remains under the tutelage and control of a governmental agency.
d. 'Private childcare facility' means a facility as defined under item b. of this section which is not a public childcare facility, and which is able to be further classified as follows:
(1) 'Entrepreneurial childcare facility' means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility.
(2) 'Nonprofit childcare facility' means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association, or other organization whose ownership may or may not be liable for payment of federal and state income taxes on profits earned by the facility.
e. 'Childcare center' means any facility which regularly receives thirteen or more children for childcare.
f. 'Group childcare home' means a facility within a residence occupied by the operator which regularly provides childcare for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group childcare home.
g. 'Family childcare home' means a facility within a residence occupied by the operator in which childcare is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a family childcare home.
h. 'Childcare operator' means the person, corporation, partnership, voluntary association, or other public or private organization ultimately responsible for the overall operation of a childcare facility.
i. 'Caregiver' means any person whose duties include direct care, supervision, and guidance of children in a childcare facility.
j. 'Minor child' means a person who has not reached the eighteenth birthday.
k. 'Department Office of Childcare Regulation' means the State Department of Social Services Office of Childcare Regulation in the Bureau of Social Services, Division of Human Services, in the Department of Health and Human Services, the agency designated to administer the regulation of childcare facilities under this subarticle, with the advice of the State Advisory Committee on the Regulation of Childcare Facilities.
l. 'Committee' means the State Advisory Committee on the Regulation of Childcare Facilities, named under this subarticle to advise the department bureau on regulatory matters related to childcare facilities.
m. 'Director Bureau Chief' means the administrative head of the department Bureau of Social Services.
n. 'Regularly, or on a regular basis': these terms refer to the frequency with which childcare services are available and provided at a facility in any one week; these terms mean the availability and provision of periods of daycare on more than two days in such week.
o. 'Related' means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
p. 'Regular license' means a license issued by the department bureau for two years to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed showing that the licensee is in compliance with the provisions of this subarticle and the regulations of the department bureau at the time of issuance and authorizing the licensee to operate in accordance with the license, this subarticle, and the regulations of the department bureau.
q. 'Provisional license' means a license issued by the department bureau to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed authorizing the licensee to begin operations although the licensee temporarily is unable to comply with all of the requirements for a license.
r. 'Regular approval' means a written notice issued by the department bureau for a two-year period to a department bureau, agency, or institution of the State, or a county, city, or other political subdivision, approving the operation of a public childcare center or group childcare home in accordance with the provisions of the notice, this subarticle, and the regulations of the department bureau.
s. 'Provisional approval' means a written notice issued by the department bureau to a department bureau, agency, or institution of the State, or a county, city, or other political subdivision approving the commencement of the operations of a public childcare center or group childcare home although the operator is temporarily unable to comply with all of the requirements for approval.
t. 'Registration' means the process whereby childcare centers and group childcare homes owned and operated by a church or a publicly recognized religious educational or religious charitable institution are regulated under this subarticle and the process whereby all family childcare homes are regulated under this subarticle.
u. 'Declaratory order' means a written statement on the part of the department bureau approving plans for construction or renovation ensuring against the imposition of more stringent regulations at a later date.
v. 'Renewal' means in regard to childcare centers and group childcare homes, to grant an extension of a regular license or regular approval for another two-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations, in regard to family childcare homes, to place the name of the operator on the registration list for another year provided procedures indicated in this subarticle have been completed.
w. 'Revocation' means to void the regular license of a childcare center or group childcare home.
x. 'Deficiency correction notice' means a written statement on the part of the department bureau notifying a childcare facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit.
y. 'Complaint' means a written statement reporting unsatisfactory conditions in a childcare facility.
z. 'Curriculum' means and includes design of courses, teaching philosophy, methods, and activities.
aa. 'Summer resident camp for children' means a twenty-four-hour residential program offered during the summer that provides recreational activities for children.
bb. 'Summer day camp for children' means a program offered during the summer that provides recreational activities primarily during daytime hours throughout the period of the program and may include an occasional overnight activity under the supervision of the operator.
cc. 'Infant' means a child age twelve months or younger for the purposes of this chapter.
Section 20-7-2710. a. The intent of this subarticle is to define the regulatory duties of government necessary to safeguard children in care in places other than their own homes, ensuring for them minimum levels of protection and supervision. Toward that end, it is the purpose of this subarticle to establish statewide minimum regulations for the care and protection of children in childcare facilities, to ensure maintenance of these regulations and to approve administration and enforcement to regulate conditions in such facilities. It is the policy of the State to ensure protection of children under care in childcare facilities, and to encourage the improvement of childcare programs.
b. It is the further intent of this subarticle that the freedom of religion of all citizens is inviolate. Nothing in this subarticle shall give any governmental agency jurisdiction or authority to regulate, supervise, or in any way be involved in any Sunday school, Sabbath school, religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending the services.
c. Nothing in this subarticle shall create authority for the Department Bureau of Social Services to influence or regulate the curriculum of childcare facilities.
Section 20-7-2720. No person, corporation, partnership, voluntary association, or other organization may operate a private childcare center or group childcare home unless licensed to do so by the department Bureau of Social Services.
Section 20-7-2725. (A) No childcare center, group childcare home, family childcare home, or church or religious childcare center may employ a person or engage the services of a caregiver who is required to register under the sex offender registry act pursuant to Section 23-3-430 or who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services or an equivalent program designated by that agency.
A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a childcare center, group childcare home, family childcare home, or church or religious childcare center.
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or is a caregiver at a childcare center, group childcare home, family childcare home, or church or religious childcare center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(C) Application forms for employment at childcare centers, group childcare homes, family childcare homes, or church or religious childcare centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation review is completed if the person affirms in writing on a form provided by the department Bureau of Social Services that he or she has not been convicted of any crime enumerated in this section. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.
(E) Unless otherwise required by law, this section does not apply to volunteers in a childcare center, group childcare home, family childcare home, or church or religious childcare center. For purposes of this section, 'volunteer' means a person who:
(1) provides services without compensation relating to the operation of a childcare center, group childcare home, family childcare home, or church or religious childcare center; and
(2) is in the presence of an operator, employee, or caregiver when providing direct care to children.
'Volunteer' includes, but is not limited to, parents, grandparents, students, and student teachers.
(F) Unless otherwise required by law, this section applies to:
(1) an employee who provides care to the child or children without the direct personal supervision of a person licensed, registered, or approved under this subarticle; and
(2) any other employee at a facility licensed, registered, or approved under this subarticle who has direct access to a child outside the immediate presence of a person who has undergone the fingerprint review required under this subarticle.
Section 20-7-2730. (A) Application for license must be made on forms supplied by the department Bureau of Social Services and in the manner it prescribes.
(B) Before issuing a license the department bureau shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department bureau are satisfied, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department bureau within the time period specified in this subarticle, if adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel.
(C) Each license must be conditioned by stating clearly the name and address of the licensee, the address of the childcare center or group childcare home, and the number of children who may be served.
(D) Failure of the department bureau, except as provided in Section 20-7-3070, to approve or deny an application within ninety days results in the granting of a provisional license.
(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(F) Application forms for licenses issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (E) who applies for a license as an operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) A person applying for a license as an operator under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(H) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
Section 20-7-2735. (A) A caregiver who begins employment in a licensed or approved childcare center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development (GED) and at least six months' experience as a caregiver in a licensed or approved childcare facility. If a caregiver does not meet the experience requirements, the caregiver must be directly supervised for six months by a staff person with at least one year of experience as a caregiver in a licensed or approved childcare facility. Within six months of being employed, a caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed or approved childcare facility.
(B) A caregiver who has two years' experience as a caregiver in a licensed or approved facility and is employed as of July 1, 1994, in a licensed or approved childcare center in South Carolina is exempt from the high school diploma and General Educational Development (GED) requirements of subsection (A).
Section 20-7-2740. (A) Regular licenses may be renewed upon application and approval. Notification of a childcare center or group childcare home regarding renewal is the responsibility of the department Bureau of Social Services.
(B) Application for renewal must be made on forms supplied by the department bureau in the manner it prescribes.
(C) Before renewing a license the department bureau shall conduct an investigation of the childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department bureau are satisfied, the license must be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. Failure to comply with the regulations promulgated by the department bureau within the time period specified in this subarticle, if adequate notification of deficiencies has been made, is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home.
(D) No license may be renewed for any operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for license renewals issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for a license renewal as operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(G) No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section.
Section 20-7-2750. Whenever the department Bureau of Social Services finds upon inspection that a private childcare center or group childcare home is not complying with any applicable licensing regulations, the department bureau shall notify the operator to correct these deficiencies.
a. Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the department bureau finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notice.
b. Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department bureau for administrative reconsideration of the notice or any portion of the notice.
c. The department bureau shall grant or deny a written request within seven days of filing and shall notify the operator of the grant or denial.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department bureau may revoke the license.
Section 20-7-2760. a. An applicant who has been denied a license by the department Bureau of Social Services must be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the director bureau chief in writing within thirty days after the receipt of notice of denial. An appeal from the final decision of the director bureau chief may be taken to an administrative law judge pursuant to the Administrative Procedures Act.
b. A licensee whose application for renewal is denied or whose license is about to be revoked must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the director bureau chief or his designee in writing within thirty calendar days after the receipt of the notice. An appeal from the final decision of the director bureau chief may be taken to an administrative law judge pursuant to the Administrative Procedures Act.
c. At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine, and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department bureau. The final decision of the department bureau must be in writing, must contain the department's bureau's findings of fact and rulings of law, and must be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the department's bureau's decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department bureau shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request.
d. The decision of the department bureau is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act.
Section 20-7-2770. Every childcare center or group childcare home shall maintain a register setting forth essential facts concerning each child enrolled under the age of eighteen years.
Section 20-7-2780. a. Each childcare center or group childcare home shall maintain its current license displayed in a prominent place at all times and must state its license number in all advertisements of the childcare center or group daycare home.
b. No license may be transferred nor shall the location of any childcare center or group childcare home or place of performance of service be changed without the written consent of the department Bureau of Social Services. The department bureau shall consent to the change for a reasonable period of time when emergency conditions require it, so long as the new location or place of performance substantially conforms to state fire and health requirements.
c. Upon occurrence of death of a child on the premises of a childcare center or group childcare home in which the child is enrolled or while under the constructive control of the holder of the license of the facility, it is the responsibility of the holder of the license to notify the department bureau within forty-eight hours and follow up with a written report as soon as the stated cause of death is certified by the appropriate government official.
Section 20-7-2790. Every operator or potential operator of a public childcare center or group childcare home must apply to the department Bureau of Social Services for an investigation and a statement of standard conformity or approval, except those facilities designated in Section 20-7-2700.
Section 20-7-2800. (A) Application for a statement of standard conformity or approval must be made on forms supplied by the department Bureau of Social Services and in the manner it prescribes.
(B) Before issuing approval the department bureau shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public childcare center or group childcare home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department bureau are satisfied, approval must be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records, and staff. The investigation and related inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel. If the childcare center or group childcare home fails to comply with the regulations promulgated by the department bureau within the time period specified in this subarticle, and if adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government must be notified.
(C) A person applying for approval under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for a statement of standard conformity or approval issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department bureau and application forms for employment at individual public childcare centers or group childcare homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2810. (A) Regular approvals may be renewed upon application and approval. Notification of a childcare center or group childcare home regarding renewal is the responsibility of the department Bureau of Social Services.
(B) Application for renewal must be made on forms supplied by the department bureau and in the manner it prescribes.
(C) Before renewing an approval, the department bureau shall conduct an investigation of the childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department bureau are satisfied, the approval must be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials must be notified.
(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
No approval may be renewed under this section if the person applying for renewal, the operator of the facility, or an employee or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for renewal of a statement of standard conformity or approval issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for approval renewal is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department bureau for individual public childcare centers or group childcare homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2820. Whenever the department Bureau of Social Services finds upon inspection that a public childcare center or group childcare home is not complying with any applicable regulations, the department bureau may notify the operator to correct the deficiencies.
a. Every correction notice must be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the department bureau finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notice.
b. Within two weeks of receipt of the notice, the operator of the public childcare center or group childcare home may file a written request with the department bureau for administrative reconsideration of the notice or any portion of the notice.
c. The department bureau shall grant or deny a written request within seven days of filing and shall notify the operator of the childcare center or group childcare home of the grant or denial.
d. In the event that the operator fails to correct any deficiency within the period prescribed for correction, the department bureau shall notify the appropriate public officials.
Section 20-7-2830. a. An applicant or operator who has been denied approval or renewal of approval by the department Bureau of Social Services must be given prompt written notice of the denial, which shall include a statement of the reasons for the denial. The notice must also inform the applicant or operator that it may, within thirty days after the receipt of the notice of denial, appeal the denial by making a written request to the director bureau chief or his designee for an opportunity to show cause why its application should not be denied.
b. Upon receiving a written petition, the director bureau chief or his designee shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the director bureau chief or his designee with respect to the action by the department bureau, and an opportunity to submit written material. On the basis of the available evidence, including information obtained at the informal meeting and from the written material, the director bureau chief or his designee shall decide whether the application must be granted for approval, provisional approval, or denied. The decision of the director bureau chief or his designee must be in writing, must contain findings of fact and must be mailed to the parties to the proceedings by certified or registered mail. Notification of the decision must be sent to the Governor and appropriate officials of the state or local government.
Section 20-7-2840. (A) As used in this subarticle, 'family childcare home' means a facility within a residence occupied by the operator in which childcare regularly is provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and the children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family, or only for a combination of these children, is not a family childcare home.
(B) An operator of a family childcare home shall register with the department within six months of June 13, 1977.
(C) A family childcare home which elects to participate in a federal program which requires licensing as a prerequisite to participation may elect to be licensed under the procedures in Section 20-7-2850. A family childcare home electing licensing shall demonstrate compliance with the suggested standards developed by the department Bureau of Social Services under Section 20-7-2980 and shall comply with provisions of Sections 20-7-2730 and 20-7-2740 relating to criminal history conviction records checks upon original licensing and upon renewal. Operators and caregivers of licensed family childcare homes are held to the standards in Sections 20-7-2730 and 20-7-2740 regarding criminal convictions.
Section 20-7-2850. (A) Registration must be completed on forms supplied by the department Bureau of Social Services and in the manner it prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department bureau under Section 20-7-2980;
(2) furnish the department bureau with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family childcare homes and the procedures for filing complaints;
(3) upon request, provide the department bureau with any facts, conditions, or circumstances relevant to the operation of the family childcare home, including references and other information regarding the character of the family childcare home operator.
(C) A person applying to become a registered operator of a family childcare home under this section and a person fifteen years of age or older living in the family childcare home shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(D) No applicant may be registered as an operator if the person, an employee, a caregiver, or a person fifteen years of age or older living in the family childcare home has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for registration issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for registration as operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family childcare home who has been convicted of a crime enumerated in subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department bureau and application forms for employment at a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2860. (A) A statement of registration must be issued when the family childcare operator satisfactorily completes the procedures prescribed by this subarticle. The current statement must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the family childcare home.
(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department Bureau of Social Services.
(C) A person applying for renewal of registration as an operator of a family childcare home registered under this chapter and a person employed or providing caregiver services at a family childcare home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1996, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
Application forms for registration renewal issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 20-7-2850(D) who applies for registration as an operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 20-7-2850(D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) Application forms for registration renewal issued under this chapter by the department bureau for a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) The department bureau may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits defined in this subarticle.
(3) The operator fails to comply with the registration procedures provided in this subarticle.
Section 20-7-2870. The department Bureau of Social Services shall visit the facility when concerns are expressed by the community regarding the health and safety of the children, child abuse, or enrollment beyond the limits set forth in this subarticle.
a. If the concern is in regard to the health and safety of the children, the department bureau may call on other appropriate agencies (i.e., State Department of Health and Environmental Control, Office of the State Fire Marshal) as necessary to conduct an inspection.
b. If the concern indicates that the child has been abused, the department bureau shall carry out its responsibility as authorized under Article 7 of this chapter.
c. If the visits and inspections verify conditions detrimental to the health and safety of the children or over-enrollment, the department bureau shall carry out its responsibility as authorized by Section 20-7-2860(C) and Section 20-7-3010.
Section 20-7-2880. (a) A registrant whose statement of registration has been withdrawn by the department Bureau of Social Services must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director bureau chief or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the director bureau chief or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director bureau chief or his designee. On the basis of the evidence adduced at the hearing, the director bureau chief or his designee shall make the final decision of the department bureau as to whether the statement of registration must be withdrawn. If no written appeal is made, the statement of registration must be withdrawn as of the termination of the thirty-day period.
(b) At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine, and cross-examine witnesses, and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The director bureau chief is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department bureau. The final decision of the department bureau must be in writing, must contain the department's bureau's findings of fact and rulings of law and must be mailed to the parties to the proceedings by certified or registered mail. A full and complete record must be kept of all proceedings, and all testimony must be reported and need not be transcribed unless the decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department bureau shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.
(c) The decision of the department bureau is final unless appealed by a party pursuant to the Administrative Procedures Act.
Section 20-7-2890. The department Bureau of Social Services shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family childcare homes.
Section 20-7-2900. (A) No church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for childcare services may operate a childcare center or group childcare home unless it complies with the requirements for registration and inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2975 and requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training. Application for registration must be made on forms supplied by the department bureau and in the manner it prescribes. Registration expires two years from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department bureau.
(B) Before issuing a registration, the department bureau shall conduct an investigation of the applicant. This investigation is limited to:
(1) the results of the criminal history review required by subsection (G);
(2) the requirements for registration and inspection and the regulations for health and fire safety provided for in Sections 20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training.
(C) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the childcare facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(D) Application forms for licensure or registration issued under this subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in this section who applies for a license or registration as operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) A person applying for a license or registration as an operator of a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(F) Application forms for licensure or registration issued under this chapter by the department bureau and application forms for employment at a facility operated by a church congregation, established religious denomination, or religious college or university must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) A person applying for a license or registration as an operator of a church or religious childcare center or seeking employment or seeking to provide caregiver services at a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(H) A person applying for renewal of a license or registration as an operator of a church or religious childcare center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1996, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
Section 20-7-2902. Notwithstanding the staff training requirements of Section 20-7-2900(A) and (B)(3), the department may Bureau of Social Services shall not prescribe the curriculum for staff training, other than curriculum addressing administration, child growth and development, and health and safety, for a church congregation, established religious denomination, or religious college or university, childcare center or group childcare home. Additionally, the department may bureau shall not prescribe the content of curriculum activities for children provided by these childcare centers or group childcare homes.
Section 20-7-2905. For conducting a state criminal history review as required by this subarticle, the State Law Enforcement Division may shall not impose a fee greater than the fee imposed by the Federal Bureau of Investigation for conducting such a review.
Section 20-7-2910. The childcare operator shall submit a formal request for inspection of the childcare facility to the department Bureau of Social Services. The department bureau shall request the appropriate state health and fire safety agencies to conduct an inspection of the facility before renewal of the registration and more often if necessary to ensure compliance with health and fire safety regulations. The department bureau shall register the childcare facility upon notification from health and fire safety agencies that the childcare facility is in compliance with these regulations and the requirements of Section 20-7-2900.
The applicable regulations must be the same health and fire safety regulations applied to other facilities regulated under this subarticle.
Section 20-7-2915. A statement of registration must be issued when the church or religious childcare operator or group childcare home operator satisfactorily completes the procedures prescribed by this subarticle. An application for a statement of registration must include the name and address of the director bureau chief, the address of the facility, and the number of children who may be served. Failure of the department Bureau of Social Services to approve or deny an application within ninety days results in the granting of a provisional registration. The current statement of registration must be displayed in a prominent place in the facility at all times, and the registration number must be stated in all advertisements of the church or religious childcare center or group childcare home.
Section 20-7-2920. The department Bureau of Social Services may seek an injunction against the continuing operation of a childcare center or group childcare home in the family court having jurisdiction over the county in which the facility is located when the facility is considered to be out of compliance with the provisions of Sections 20-7-2900 and 20-7-2910.
Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a childcare center or group childcare home is not complying with the applicable regulations, the appropriate agency shall notify the department Bureau of Social Services. The department bureau shall then request the operator to correct such deficiencies.
a. Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notices.
b. Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department bureau for administrative reconsideration of the notice or any portion of the notice.
c. The department bureau shall grant or deny a written request and shall notify the operator of action taken.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department bureau may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken pursuant to the Administrative Procedures Act.
Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department Bureau of Social Services and according to established appeals procedure for the department bureau.
b. Upon appeal, the decision of the department bureau is final unless appealed by a party pursuant to the Administrative Procedures Act.
Section 20-7-2970. An operator violating the provisions of Sections 20-7-2910 through 20-7-2970 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-2975. During the hours of operation all childcare facilities, except registered family childcare homes, must have on the premises at least one caregiver with a current certificate for the provision of basic first aid and child-infant cardiopulmonary resuscitation.
Section 20-7-2980. a. The department Bureau of Social Services shall with the advice and consent of the Advisory Committee develop and promulgate regulations depending upon the nature of services to be provided for the operation and maintenance of childcare centers and group childcare homes. The department bureau with the advice of the Advisory Committee shall develop suggested standards which shall serve as guidelines for the operators of family childcare homes and the parents of children who use the service. In developing these regulations and suggested standards, the department bureau shall consult with:
(1) Other state agencies, including the State Department of Health and Environmental Control, the Office of the State Fire Marshal, and the Office of the Attorney General.
(2) Parents, guardians, or custodians of children using the service.
(3) Child advocacy groups.
(4) The State Advisory Committee on the Regulation of Childcare Facilities established by this subarticle.
(5) Operators of childcare facilities from all sectors.
(6) Professionals in fields relevant to childcare and development.
(7) Employers of parents, guardians, or custodians of children using the service.
Draft formulations must be widely circulated for criticism and comment.
b. The regulations for operating and maintaining childcare centers and group childcare homes and the suggested standards for family childcare homes must be designed to promote the health, safety, and welfare of the children who are to be served by assuring safe and adequate physical surroundings and healthful food; by assuring supervision and care of the children by capable, qualified personnel of sufficient number. The regulations with respect to licensing and approval, and the suggested standards with respect to registration of family childcare homes must be designed to promote the proper and efficient processing of matters within the cognizance of the department bureau and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.
c. The department bureau shall conduct a comprehensive review of its licensing and approval regulations and family childcare home suggested standards at least once each three years.
d. No regulations for childcare facilities may exceed policies or minimum standards set for public childcare facilities regulated under this subarticle.
e. The department bureau shall submit final drafts of its regulations to the Legislative Council as proposed regulations, and the Administrative Procedures Act Sections 1-23-10 et seq., governs their promulgation.
f. The department bureau shall establish a procedure for its representatives to follow in receiving and recording complaints. Standard forms may be produced and made available to parents and users of facilities upon request to the department bureau. A copy of any complaint must be made available to the involved operator immediately upon his request.
Section 20-7-2990. a. In exercising the powers of licensing, approving, renewing, revoking, or making provisional licenses and approvals, the department Bureau of Social Services shall investigate and inspect licensees and approved operators and applicants for a license or an approval. The authorized representative of the department bureau may visit a childcare center or group childcare home anytime during the hours of operation for purposes of investigations and inspections. In conducting investigations and inspections, the department bureau may call on political subdivisions and governmental agencies for appropriate assistance within their authorized fields. The inspection of the health and fire safety of childcare centers and group childcare homes must be completed upon the request of the department bureau by the appropriate agencies (i.e., Department of Health and Environmental Control, the Office of the State Fire Marshal, or local authorities). Inspection reports completed by state agencies and local authorities must be furnished to the department bureau and become a part of its determination of conformity for licensing and approval. After careful consideration of the reports and consultation where necessary, the department bureau shall assume responsibility for the final determination of licensing, approving, renewing, revoking, or making provisional licenses and approvals.
b. Before issuing a license or approval the department bureau shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a childcare center or a group childcare home. If the results of the investigation satisfy the department bureau that the provisions of this subarticle and the applicable regulations promulgated by the department bureau are satisfied, a license or approval must be issued.
Section 20-7-3000. The department Bureau of Social Services shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations.
Section 20-7-3005. At the time of initial licensing, approval, or registration a childcare facility must provide proof of conformity or authorized nonconformity with county or municipal zoning ordinances or resolutions. The department Bureau of Social Services may impose conditions on the license, approval, or registration consistent with restrictions imposed by zoning authorities.
Section 20-7-3010. The department Bureau of Social Services is empowered to seek an injunction against the continuing operation of a childcare facility in the family court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department bureau which threatens serious harm to children in the childcare facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department bureau.
Section 20-7-3020. a. The department Bureau of Social Services has power to issue a provisional registration, provisional license, or provisional approval only when the department bureau is satisfied that (1) the regulations can and will be met within a reasonable time, and (2) the deviations do not seriously threaten the health or safety of the children. A provisional registration, provisional license, or provisional approval, may be extended for a period as may be determined by the department bureau.
b. Except as noted in subsection c. of this section, no provisional license or provisional approval may be issued effective for any longer than one year.
c. Any facility granted a license or exempt from obtaining a license under the act previously in effect in this State and which does not qualify for a regular license under this subarticle must be granted a provisional license in accord with subsection a. of this section. The provisional license may be issued without regard to the time limit of subsection b. of this section. No provisional license issued under subsection c. is effective, either by its initial issue or by renewal, for a period greater than three years.
Section 20-7-3030. Upon request of an applicant or operator, the department Bureau of Social Services shall offer consultation to address any aspect of compliance with this subarticle or the regulations promulgated under this subarticle. Consultation includes, but is not limited to, review and comment on drawings and specifications related to construction and renovations proposed by a facility.
Section 20-7-3040. a. A State Advisory Committee on the Regulation of Childcare Facilities is established. It consists of seventeen members appointed by the Governor, in accordance with the following:
(1) Five of the members appointed must be parents of children who are receiving childcare services at the time of appointment, with no less than three representing the entrepreneurial facilities.
(2) Eight of the members appointed must be representative of owners and operators of childcare facilities, one of which must be an operator of a childcare home. No less than five other appointees must be operators of facilities subject to regulation who are actively engaged in the operation for profit.
(3) One member appointed shall represent the educational community of the State.
Nominees for membership on the advisory committee pursuant to items (1), (2), and (3) must be made from lists furnished the Governor by South Carolina organizations representing the various types of childcare facilities defined in this subarticle.
(4) One member appointed shall represent the business community of the State. Nominees for membership pursuant to this item must be made from lists furnished the Governor by the South Carolina Chamber of Commerce.
(5) Two members appointed shall represent church-operated childcare centers, one of whom must be an operator of a church childcare center and one of whom must be a parent of a child who is receiving childcare services in a church-operated childcare center at the time of appointment.
b. Members shall serve for terms of three years and until their successors are appointed and qualify, except that of those initially appointed five shall serve for one year, five for two years, and five for three years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Reappointment to serve a full term may ensue at the discretion of the Governor,; however, no member may be permitted to succeed himself after serving a full term.
c. The chairman of the committee must be designated by the Governor from among the appointees selected pursuant to the provisions of items (1) and (2) of subsection a. of this section.
Section 20-7-3050. The State Advisory Committee on the Regulation of Childcare Facilities shall:
a. Review changes in the regulations and suggested standards proposed by the director bureau chief or his designee and make recommendations on these changes to the director bureau chief or his designee. The committee shall evaluate the regulations and suggested standards at the three-year review period (subsection c. of Section 20-7-2980) and recommend necessary changes. No regulation may be promulgated if the standard has been disapproved by a simple majority of the committee.
b. Advise the department Bureau of Social Services regarding the improvement of the regulation of childcare facilities.
c. Advise the department bureau on matters of regulatory policy, planning, and priorities.
d. As it considers necessary, hold a public hearing at least thirty days before adoption of the regulations.
e. Plan with the department bureau for the procedures to be used in notifying licensees, approved operators, and registrants regarding regulatory changes sixty days before intended promulgation.
f. Maintain through the department bureau the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this subarticle.
g. Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members.
Section 20-7-3055. The provisions of Sections 20-7-2980 and 20-7-3050(a) concerning the review authority and the promulgation of regulations and standards upon the advice and consent of the State Advisory Committee on the Regulation of Childcare Facilities are waived. However, nothing in this section affects the regulation of childcare facilities which choose not to receive federal funding.
Section 20-7-3060. The department Bureau of Social Services shall provide reasonable secretarial and administrative support to the advisory committee.
Section 20-7-3070. In order to provide for the gradual implementation of the licensing, approval, and registration programs, each childcare facility not licensed under the act previously in effect in this State must apply to the department bureau for licensing, approval, or statement of registration within six months of June 13, 1977. The department bureau shall have one year from June 13, 1977 to take action to issue or deny license or approval of childcare centers and group childcare homes or issue a statement of registration to family childcare homes.
Section 20-7-3080. The Department Bureau of Social Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody.
Section 20-7-3090. A person violating the provisions of this subarticle is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-3092. The fingerprint reviews required by this subarticle are not required of a certified education personnel who has undergone a fingerprint review pursuant to Section 59-26-40 or of a person licensed as a foster parent who has undergone a state and federal fingerprint review pursuant to Section 20-7-1640, and the results of these reviews have been submitted to the department Bureau of Social Services and the person has remained employed since the review in certified education or licensed as a foster parent or the reviews have been conducted within the preceding year.
Section 20-7-3095. It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private childcare facility. A person who commits this offense must, upon conviction, be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed ten years or both, in addition to any other penalty imposed by law and not in lieu of any other penalty.
Section 20-7-3097. (A) Before the Department of Social Services Bureau of Social Services employs a person in its childcare licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 20-7-2725(A).
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the childcare licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department bureau must obtain from the prospective employee a written affirmation on a form provided by the department bureau that the employee has not been convicted of any crime referenced in subsection (A).
(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the childcare licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-3098. At any time the department Bureau of Social Services cites a childcare center, group childcare home, or family childcare home for a violation of this chapter or regulations promulgated pursuant to this chapter, the department bureau shall provide the owner and operator of the center with a brochure stating, in language easily understood, the rights and procedures available to the owner or operator for a hearing in accordance with the department's bureau's fair hearing regulations and the rights and procedures available to appeal a decision rendered under the department's bureau's fair hearing process."
SECTION 10. Section 44-38-30 of the 1976 Code is amended to read:
"Section 44-38-30. (A) There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system which shall be under the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs. The council is composed of the following ex officio members or their designees: the chairman, of the Developmental Disabilities Council, Office of the Governor,; the chairman of the Joint Committee to Study the Problems of Persons with Disabilities,; the State Director Chief of the State Department Bureau of Mental Health,; the Commissioner of the Department of Vocational Rehabilitation,; the Director of the State Department of Disabilities and Special Needs,; the Director of the South Carolina Department of Health and Environmental Control,; the Director Secretary of the South Carolina Department of Health and Human Services,; Dean of the University of South Carolina School of Medicine,; the Dean of the Medical University of South Carolina,; the Executive Director of the South Carolina Hospital Association,; one representative from each of the head injury advocacy organizations,; and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector.
(B) Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council."
SECTION 11. Section 43-33-340(8) of the 1976 Code is amended to read:
"(8) 'Ombudsman Office' means the office Office of Long Term Care Ombudsman Services in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services provided for pursuant to Section 43-38-10 et. seq."
SECTION 12. Section 43-33-370(4) of the 1976 Code is amended to read:
"(4) Refer a complaint to the Office of Long Term Care Ombudsman Services, law enforcement agencies or any other public or private programs or facilities, as it deems appropriate."
SECTION 13. Chapter 38, Title 43 of the 1976 Code is amended to read:
Section 43-38-10. For purposes of this chapter:
(1) 'facility' means public health centers and tuberculosis, mental, chronic disease and all other types of public or private hospitals and related facilities such as outpatient facilities, rehabilitation facilities, nursing homes, intermediate care facilities, residential care facilities, facilities for persons with developmental disabilities and community mental health centers, including facilities for alcoholics and narcotic addicts but shall not include general hospitals which treat acute injuries or illnesses;
(2) 'Office of Long Term Care Ombudsman Services' or 'ombudsman' means the Office of Long Term Care Ombudsman Services in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services.
Section 43-38-20. The Office of Long Term Care Ombudsman Program Services is authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out the investigation, he may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman upon his written request without the necessity of patient authorization. Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity, disease, or illness of any complainant or resident of a long term care facility shall not be disclosed by such ombudsman unless:
(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or
(ii) such disclosure is required by court order. Following the investigation he may issue such report and recommendations as in his opinion will assist in improving the facility under investigation.
Section 43-38-30. All departments, officers, agencies and employees of the State shall cooperate with the Office of Long Term Care Ombudsman Services in carrying out his duties pursuant to the provisions of this chapter.
Section 43-38-40. Any person required or permitted to report pursuant to this chapter or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.
Section 43-38-50. This chapter does not apply to any county operated County Home which is operated exclusively from county funds.
Section 43-38-60. The Office of Long Term Care Ombudsman Program Services may designate entities in accordance with the federal Older Americans Act."
SECTION 14. Section 44-7-130(1) of the 1976 Code is amended to read:
"(1) 'Affected person' means the applicant, a person residing within the geographic area served or to be served by the applicant, persons located in the health service area in which the project is to be located and who provide similar services to the proposed project, persons who before receipt by the department of the proposal being reviewed have formally indicated an intention to provide similar services in the future, persons who pay for health services in the health service area in which the project is to be located and who have notified the department of their interest in Certificate of Need applications, the State Consumer Advocate, and the State Office of Long Term Care Ombudsman Services in the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services. Persons from another state who would otherwise be considered 'affected persons' are not included unless that state provides for similar involvement of persons from South Carolina in its certificate of need process."
SECTION 15. Section 44-77-40(3) of the 1976 Code is amended to read:
"(3) which, if the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section. The intent of this item is to recognize that some residents in nursing care facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a declaration; and"
SECTION 16. Section 44-77-50 of the 1976 Code is amended to read:
"Section 44-77-50. The declaration must be substantially in the following form with the procedure and requirements for revocation of the declaration appearing either in boldface print or in all upper case letters, the characters in either case being of at least the same size as used in the rest of the declaration:
STATE OF SOUTH CAROLINA DECLARATION
COUNTY OF ________ OF A DESIRE FOR A
NATURAL DEATH
I, __________, Declarant, being at least eighteen years of age and a resident of and domiciled in the City of __________, County of __________, State of South Carolina, make this Declaration this ___ day of __________, 19___.
I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal or if I am in a state of permanent unconsciousness, and I declare:
If at any time I have a condition certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death could occur within a reasonably short period of time without the use of life-sustaining procedures or if the physicians certify that I am in a state of permanent unconsciousness and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that the procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.
INSTRUCTIONS CONCERNING ARTIFICIAL NUTRITION AND HYDRATION
INITIAL ONE OF THE FOLLOWING STATEMENTS
If my condition is terminal and could result in death within a reasonably short time,
__________ I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
__________ I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
INITIAL ONE OF THE FOLLOWING STATEMENTS
If I am in a persistent vegetative state or other condition of permanent unconsciousness,
__________ I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
__________ I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians and any health facility in which I may be a patient as the final expression of my legal right to refuse medical or surgical treatment, and I accept the consequences from the refusal.
I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.
APPOINTMENT OF AN AGENT (OPTIONAL)
1. You may give another person authority to revoke this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.
Name of Agent with Power to Revoke:___
Address:___
Telephone Number:___
2. You may give another person authority to enforce this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.
Name of Agent with Power to Enforce:___
Address:___
Telephone Number:___
REVOCATION PROCEDURES
THIS DECLARATION MAY BE REVOKED BY ANY ONE OF THE FOLLOWING METHODS. HOWEVER, A REVOCATION IS NOT EFFECTIVE UNTIL IT IS COMMUNICATED TO THE ATTENDING PHYSICIAN.
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF YOUR INTENT TO REVOKE, BY YOU OR BY SOME PERSON IN YOUR PRESENCE AND BY YOUR DIRECTION. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS;
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY YOU EXPRESSING YOUR INTENT TO REVOKE;
(3) BY YOUR ORAL EXPRESSION OF YOUR INTENT TO REVOKE THE DECLARATION. AN ORAL REVOCATION COMMUNICATED TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN YOU IS EFFECTIVE ONLY IF:
(a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;
(b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;
(c) YOUR PHYSICAL OR MENTAL CONDITION MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH YOU THAT THE REVOCATION HAS OCCURRED.
TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE YOUR DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;
(4) IF YOU, IN THE SPACE ABOVE, HAVE AUTHORIZED AN AGENT TO REVOKE THE DECLARATION, THE AGENT MAY REVOKE ORALLY OR BY A WRITTEN, SIGNED, AND DATED INSTRUMENT. AN AGENT MAY REVOKE ONLY IF YOU ARE INCOMPETENT TO DO SO. AN AGENT MAY REVOKE THE DECLARATION PERMANENTLY OR TEMPORARILY.
(5) BY YOUR EXECUTING ANOTHER DECLARATION AT A LATER TIME.
________________________________________
Signature of Declarant
STATE OF ________ AFFIDAVIT
COUNTY OF ________
We, __________ and __________, the undersigned witnesses to the foregoing Declaration, dated the ___ day of __________, 19___, at least one of us being first duly sworn, declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, subscribe our names as witnesses on that date. The declarant is personally known to us, and we believe him to be of sound mind. Each of us affirms that he is qualified as a witness to this Declaration under the provisions of the South Carolina Death With Dignity Act in that he is not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of the attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a resident in a hospital or nursing care facility at the date of execution of this Declaration, at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.
____________________
Witness
____________________
Witness
Subscribed before me by __________, the declarant, and subscribed and sworn to before me by __________, the witnesses, this ___ day of __________, 19___.
___________________________________
Signature
Notary Public for ____________________
My commission expires: ____________
SEAL"
SECTION 17. (A) The Department of Health and Environmental Control shall coordinate with the Secretary of Health and Human Services through information technology and systems, including but not limited to the electronic case management system provided for in Section 44-6-70, so that delivery of health services for clients served by both departments are (1) effectively coordinated between the two departments and (2) not duplicated; and that the client's needs are met in a professional and efficient manner which addresses continuity of care. Toward this end, the departments shall also coordinate purchasing/procurement; grant writing and other requests for funding; and overall program management, including long range and strategic planning.
(B) The Department of Health and Environmental Control and the Department of Health and Human Services must submit a joint report annually to the General Assembly during the first week of the regular legislative session outlining in detail the fulfillment of the statutory mandate of this section.
(C) Nothing in this section shall be construed to mandate or authorize the transfer of employees, authorized appropriations, assets, or liabilities between the Department of Health and Environmental Control and the Department of Health and Human Services."
SECTION 1. Section 1-3-210 of the 1976 Code is amended to read:
"Section 1-3-210. During the recess of the Senate, a vacancy which occurs in an office filled by an appointment of the Governor with the advice and consent of the Senate may be filled by an interim appointment of the Governor. The Governor must report the interim appointment to the Senate within ten days of the appointment, and must forward a formal appointment to the Senate at on the first day of its next ensuing regular session.
Nothing in this section prohibits the Governor from submitting the interim appointment as a permanent appointment.
If the Senate does not advise and consent thereto prior to sine die adjournment of the next ensuing regular session, the office shall be vacant, and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire expires on the second Tuesday in January following the date of such subsequent interim appointment, and the office shall be vacant."
SECTION 2. Section 1-3-220 of the 1976 Code is amended to read:
"Section 1-3-220. The following appointments shall be made by the Governor and are in addition to those appointments by the Governor authorized in other provisions in the Code:
(1) An appointment to fill any vacancy in an office of the executive department as defined in Section 1-1-110 occurring during a recess of the General Assembly. The term of such the appointment shall be until the vacancy be is filled by a general election or by the General Assembly in the manner provided by law.
(2) An appointment to fill any vacancy in a county office, except as otherwise provided by law. The person so appointed shall hold office, in all cases in which the office is elective, until the next general election and until his successor shall qualify; and in the case of offices originally filled by appointment and not by election, until the adjournment of the session of the General Assembly next after such vacancy has occurred. The Governor may remove for cause any person so appointed by him under the provisions of this paragraph to fill any such vacancy.
(3) Proxies to represent the share of the State in the Cheraw and Coalfields Railroad Company and in the Cheraw and Salisbury Railroad Company.
(4) The chief constable of the State, whensoever when in his the Governor's judgment, any public emergency shall require requires it or when necessary to the due execution of legal process."
SECTION 3. Title 2 of the 1976 Code is amended by adding:
Section 2-70-10. In keeping with the General Assembly's constitutional mandate including, but not limited to, Article XII of the South Carolina Constitution, it is the purpose of this chapter to vest in the standing committees of the Senate the power, authority, and, jurisdiction to review the structure and functions of all state agencies, departments, institutions, boards, and commissions of the State (hereinafter 'entities').
Section 2-70-20. (A) Senate standing committees must periodically review each entity, but no less frequently than every three years, to ensure that the structure, duties, and responsibilities of these entities are most effectively and efficiently providing services to the citizens of this State. Based upon their findings, Senate standing committees may introduce legislation to alter entity structure or functions in order to better serve the needs of the citizens.
(B) The power to review pursuant to Section 2-70-10 is plenary, and is not limited unless otherwise provided by law.
Section 2-70-30. (A) Standing committees of the Senate are hereby given authority to make such surveys, studies, and examinations, and to conduct hearings where problems are indicated and to determine whether there may be an overlapping in the performance of the duties of the entities of this State. Entities must respond to written inquiries issued by Senate standing committees in order that the standing committees may meet the requirements of this chapter.
(B) The rules of the Senate must designate the appropriate standing committee to exercise jurisdiction for review of each entity for purposes of this chapter.
Section 2-70-40. (A) In performance of the duties imposed by this chapter, Senate standing committees may also issue subpoenas and subpoenas duces tecum pursuant to Chapter 69 of Title 2.
(B) All records and working papers utilized by the Senate standing committees in accordance with this chapter with the exception of any final reports issued by the standing committees are confidential and not subject to public disclosure.
Section 2-70-50. It is the duty and responsibility of each Senate standing committee to recommend such changes in the organization, management, and general conduct of the various departments and other agencies of the State so as to promote the more efficient and economical operation and management thereof. Reviews, examinations, investigations, and performance audits may include, but not be limited to:
(1) whether the entity is using its resources economically and efficiently in its delivery of services;
(2) the causes of inefficiencies or uneconomical practices;
(3) whether the entity has complied with laws and regulations;
(4) whether the desired results or benefits established by the General Assembly or other authorizing body are achieved; and
(5) whether the programs, activities, or functions of the entity are effective in their present form or structure."
SECTION 4. Section 7-3-10(A) of the 1976 Code is amended to read:
"(a) There is hereby created the State Election Commission composed of five members, at least one two of whom shall be a member members of the majority political party represented in the General Assembly and at least one two of whom shall be a member members of the largest minority political party represented in the General Assembly, to be appointed by the Governor with the advice and consent of the Senate to serve terms of four years and until their successors have been elected and qualify, except of those first appointed three shall serve for terms of two years. Any vacancy on the Commission shall be filled for the unexpired portion of the term in the same manner as the original appointment."
SECTION 5. Section 7-5-10 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year, the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall must notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
Any appointment made by the Governor to fill a vacancy for an unexpired term when the Senate is not in session is made pursuant to Section 1-3-210.
Members and such staff as designated by the board must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each board member and staff person designated by the board or commission must take at least one training course each year."
SECTION 6. Section 20-7-1370 of the 1976 Code is amended to read:
"Section 20-7-1370. A.(A) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge.
B.(B) Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify.
C.(C) The terms of all family court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.
D.(D) For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall must be serially numbered beginning with the number (1), and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.
E.(E) When a vacancy occurs in the office of family court judge for an unexpired term in an office of family court judge which does not exceed one year, the Governor, upon recommendation of the Chief Justice the advice and consent of the Senate, shall commission may appoint a temporary family court judge to fill such the vacancy until such time as the General Assembly shall elect elects a successor who shall serve for the remainder of the unexpired term. If the vacancy occurs when the General Assembly is not in session, any appointment made by the Governor is made pursuant to Section 1-3-210 until an election can be held during the next ensuing legislative session. Such The temporary family court judge shall receive as compensation for his services the same salary as that paid to a regular other family court judge judges and, in addition thereto, shall also receive the subsistence and mileage as authorized by law for family court judges."
SECTION 7. Section 20-7-9710(F) of the 1976 Code, as last amended by Act 2 of 2003, is further amended to read:
"(F) The chief executive officer of each of the following shall serve as an ex officio nonvoting member:
(a) Department Bureau of Social Services or his designee;
(b) Department of Health and Environmental Control or his designee;
(c) Department of Health and Human Services or his designee;
(d) Department Bureau of Mental Health or his designee;
(e) Department of Disabilities and Special Needs or his designee;
(f) Department Bureau of Alcohol and Other Drug Abuse Services or his designee;
(g) Department of Transportation or his designee;
(h) Budget and Control Board, Division of Research and Statistics or his designee; and
(i) State Board for Technical and Comprehensive Education."
SECTION 8. Section 24-21-10(B) of the 1976 Code is amended to read:
"(B) The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy pursuant to Section 1-3-210. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 9. Section 37-6-502 of the 1976 Code is amended to read:
"Section 37-6-502. The Commission on Consumer Affairs shall be is composed of nine members, one of whom shall be is the Secretary of State as an ex officio member; four members shall must be appointed by the Governor with advice and consent of the Senate, and the remaining four members shall must be elected by the General Assembly. Members The members of the Commission commission shall elect a Chairman chairman. Terms of the members shall be four years unless otherwise stipulated provided in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any Any vacancy in the office of a member appointed by the Governor shall be filled by the Governor by appointment with the advice and consent of the Senate for the unexpired term. Any vacancy in the office of a member elected by the General Assembly may be appointed by the Governor with the advice and consent of the Senate until an election can be held to elect a successor to fill the unexpired term. Members of the Commission commission shall be are eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be is eligible to serve on the Commission commission as defined by Section 8-13-20 of the Code of Laws of South Carolina."
SECTION 10. Section 41-29-10 of the 1976 Code is amended to read:
"Section 41-29-10. Chapters 27 through 41 of this Title shall be administered by the South Carolina Employment Security Commission. The commission shall consist of three members to be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Any vacancy occurring when the General Assembly is not in session shall be filled by appointment by the Governor for the temporary period until the next session of the General Assembly, whereupon the General Assembly shall elect a commissioner to fill the unexpired term. Each commissioner shall receive an annual salary payable in monthly installments."
SECTION 11. Section 44-128-50(B) of the 1976 Code is amended to read:
"(B) Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows:
(1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;
(2) two members appointed by the President Pro Tempore of the Senate from the membership of the Senate; and
(3) eleven members appointed by the Governor as follows:
(a) one representative of the Department of Health and Environmental Control;
(b) one representative of the Department Bureau of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Behavioral Health Services;
(c) three health professionals;
(d) two youths between the ages of twelve and eighteen; and
(e) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise."
SECTION 12. Section 51-19-10 of the 1976 Code is amended to read:
"Section 51-19-10. The Old Exchange Building Commission is hereby created. It consists of nine members. Three members must be elected by the House of Representatives and Senate in joint assembly; two members must be elected by the Rebecca Motte Chapter of the Daughters of the American Revolution; two members, who must not be residents of Charleston County, must be elected by the South Carolina Society of the Daughters of the American Revolution; and the director of the Department of Parks, Recreation and Tourism and the chairman of the Department of Archives and History or their respective designees serve ex officio with voting privileges. All elected members shall serve for terms of six years and until their successors are elected and qualify. The Attorney General shall give his aid, advice, and opinion upon questions of law submitted to him by the commission.
If one of the seats of the commission becomes vacant, a successor must be elected or appointed in the same manner used to fill the seat, and as provided by this section. This successor shall serve the remainder of the unexpired term. If one of the three seats on the commission elected by the House of Representatives and Senate becomes vacant during the recess of the General Assembly, the Governor may fill the vacancy by appointment pursuant to Section 1-3-210 until an election by the House of Representatives and Senate in joint assembly at the next ensuing session is held for the remainder of the unexpired term."
SECTION 13. Section 1-23-120 of the 1976 Code, as last amended by Act 231 of 2002, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this section must be submitted to the General Assembly for review approval in accordance with this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110. A regulation submitted to the General Assembly for review may approval shall not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review approval, the agency shall must file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review approval;
(3) a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;
(4) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(5) a copy of the fiscal impact statement prepared by the agency as required in Section 1-23-110.;
(6) a detailed statement of rationale which shall states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation.
(C) Upon receipt of the request, the President and Speaker reviewing the request shall must submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. A regulation requiring General Assembly review is valid against a person as provided for in Section 1-23-60 only after a joint resolution to approve the regulation is enacted by the General Assembly. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor. A regulation shall not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred.
(F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted to a standing committee for review approval and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) General Assembly review approval is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40; or
(4) as emergency regulations under Section 1-23-130.
(H) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed. If a joint resolution to approve or disapprove a regulation has not been enacted by sine die adjournment of the second year in the two-year session of the General Assembly, the regulation is deemed permanently withdrawn and may only be subsequently submitted for approval if promulgated as a new regulation complying with all requirements of this article.
(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall must submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 14. Section 1-23-125 of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent prohibit the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may shall not withdraw from or modify a regulation under legislative review submitted to the General Assembly for approval unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If Additionally, if a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall must notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3) of subsection (B), it shall must notify the committee in writing and the remainder of the period begins to run only upon this notification.
(D) This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(E) If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article."
SECTION 15. Sections 14-5-170, 14-5-200, and 14-5-220 of the 1976 Code are repealed.
SECTION 1. Title 57 of the 1976 Code is amended by adding:
Section 57-4-100. The State Aeronautics Commission is hereby created within the Department of Transportation to establish and oversee the public policy operations of the department's Division of Aeronautics.
Section 57-4-110. The congressional districts of this State are constituted and created State Aeronautics Commission districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The State Aeronautics Commission shall be composed of one member from each district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.
Section 57-4-115. (A) A county that is divided among two or more State Aeronautics Commission districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.
(B) No county within a State Aeronautics Commission district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously.
Section 57-4-120. Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.
Section 57-4-125. (A) Beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner shall be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation, shall serve as chairman of the commission.
(B) The terms of the initial members of the commission appointed from congressional districts are as follows:
(1) commission members appointed to represent congressional districts one and two, two years;
(2) commission members appointed to represent congressional districts three and four, three years; and
(3) commission members appointed to represent congressional districts five and six, four years.
(C) The at-large commissioner shall serve at the pleasure of the Governor.
Section 57-4-130. Each commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 57-4-135. (A) The commission may adopt an official seal for use on official documents of the division.
(B) The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.
(C) Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act."
SECTION 2. Section 55-5-20(12) of the 1976 Code is amended to read:
"(12) 'Aviation gasoline' means gasoline and general aviation jet fuel manufactured exclusively for use in airplanes and sold for such purposes."
SECTION 3. Section 57-11-20(A) of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"(A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the 'state highway fund' and all federal revenues and federal monies must be deposited into the 'federal aid highway fund'. The state highway fund may be used for purposes of the department as described in Title 57 except for the purposes of the Division of Aeronautics described in Title 55. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund."
SECTION 4. The 1976 Code is amended by adding:
"Section 58-8-220. The activities of the Division of Aeronautics of the Department of Transportation must be funded through the State Aviation Fund and general appropriations to the Division of Aeronautics."
SECTION 5. Chapter 3, Title 57 of the 1976 Code is amended by adding:
"Section 57-3-36. The organization and objective of the Division of Aeronautics are stated in Chapters 1 through 9 of Title 55."
SECTION 6. Section 11-35-1520(12) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(12) Provisions Not to Apply. The provisions of this section shall not apply to maintenance services for aircraft of the Division of Aeronautics of the Department of Commerce Transportation."
SECTION 7. Section 15-9-390 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 15-9-390. Service of process upon the Secretary of Commerce Director of the Department of Transportation, as agent of the nonresident operator of any aircraft which has set down in South Carolina, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Secretary of Commerce Director of the Department of Transportation or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Secretary of Commerce Director of the Department of Transportation or his designee to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Secretary of Commerce Director of the Department of Transportation or his designee shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Secretary of Commerce Director of the Department of Transportation or his designee, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."
SECTION 8. Section 15-9-410 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 15-9-410. The provisions of Sections 15-9-390 and 15-9-400 shall not apply to any incorporated air carrier holding a certificate of public convenience and necessity from the Division of Aeronautics of the Department of Commerce Transportation."
SECTION 9. Section 23-33-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-33-20. Before any person shall fire or attempt to fire or discharge any missile within the borders of this State, he shall first procure a written permit from the Aeronautics Division of the Department of Commerce Transportation on such form as it may prescribe."
SECTION 10. Section 46-13-60(2)(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Division of Aeronautics of the Department of Commerce Transportation for the State, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified."
SECTION 11. Section 55-1-1 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 55-1-1. There is created a Division of Aeronautics within the Department of Commerce Transportation which shall be governed by the Secretary of Commerce State Aeronautics Commission as provided in Chapter 1 of Title 13. The commission must establish and oversee the public policy operations of the division. The Director of the Department of Transportation must establish and oversee the administrative operations of the division. The division's director must be appointed or dismissed by the Director of the Department of Transportation with the advice and consent of the commission. The division is subject to the administrative procedures of the Department of Transportation."
SECTION 12. Section 55-1-5(1) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"(1) 'Division', unless otherwise indicated, means the Division of Aeronautics of the Department of Commerce Transportation."
SECTION 13. Section 55-5-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-190. The division, its members and employees and every county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter. The division may also in the name of the State enforce the provisions of this chapter by injunction in the circuit courts of this State. Other departments and political subdivisions of the State may also cooperate with the Division of Aeronautics of the Department of Commerce Transportation in the development of aeronautics and aeronautic facilities within the State."
SECTION 14. Section 55-5-230 of the 1976 Code is amended to read:
"Section 55-5-230. Any person against whom an order has been entered may within ten thirty days after the service thereof appeal to the circuit court of the county in which the property affected by the order is located Administrative Law Judge Division for the purpose of having the reasonableness or lawfulness of the order inquired into and determined."
SECTION 15. Section 55-8-10(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) 'Agency' means the Division of Aeronautics of the Department of Commerce Transportation."
SECTION 16. Section 55-8-50(a)(2) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"(2) Issued by an insurer or surety company not authorized to do business in this State found by the agency to afford adequate protection and which has filed or shall file with the agency a power of attorney authorizing the Secretary of Commerce Director of the Department of Transportation to accept service on its behalf of notice or process in any action upon the policy or bond arising out of such accident."
SECTION 17. Section 55-11-10(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(5) Designate the Division of Aeronautics of the Department of Commerce Transportation as its agent, to accept, receive, receipt for and disburse federal or state funds or other funds, public or private, made available for the purposes of this section, as may be required or authorized by law;"
SECTION 18. Section 57-1-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Aeronautics; a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law."
SECTION 19. Section 57-1-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-1-30. The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system, and the development of a statewide mass transit system that is consistent with the needs and desires of the public, and the development of state public airports and an air transportation system that is consistent with the needs and desires of the public.
The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods."
SECTION 20. Section 57-3-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit; and aeronautics. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."
SECTION 21. Section 57-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding a new item at the end to read:
"(4) division deputy director for aeronautics:
a. develop state public airports;
b. develop an air transportation system that is consistent with the needs and desires of the public."
SECTION 22. Section 57-11-20(A) of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"(A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the 'state highway fund' and all federal revenues and federal monies must be deposited into the 'federal aid highway fund'. The state highway fund may be used for purposes of the department as described in Title 57 except for the purposes of the aeronautics division described in Title 55. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund."
SECTION 23. Section 55-8-20 of the 1976 Code is amended to read:
"Section 55-8-20. (a)(A) The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which shall become effective pursuant to Sections 1-23-10 et seq.
(b)(B) The agency shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of this chapter and may provide for a stay thereof of it until a hearing may be had held.
Any A person aggrieved by any an order or act of the agency hereunder may have judicial review thereof of it by appeal to the circuit court Administrative Law Judge Division by the filing of written notice of appeal with the grounds thereof with the agency and the circuit court within ten days Administrative Law Judge Division within thirty days after the order or act becomes final. The agency shall transmit to the court Administrative Law Judge Division the original or a certified copy of the entire record of the proceeding under review, including a transcript of any oral testimony taken at the hearing, at the cost of the appellant. By order of court Administrative Law Judge Division or by stipulation of all parties to the appeal, the record may be shortened by the elimination of any portion thereof of it. The court Administrative Law Judge Division shall determine whether the filing of the appeal shall operate operates as a stay of any such an order or act of the agency and the terms of such the stay. The court Administrative Law Judge Division may, in disposing of the issues before it, affirm, modify or reverse the order or act of the agency in whole or in part and may enter its own order or may reverse and remand the cause for further proceedings by the agency."
SECTION 24. Article 7, Chapter 1, Title 13 of the 1976 Code and Sections 55-5-240 and 55-5-250 are repealed.
SECTION 1. (A) Where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to another state agency, department, division or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.
(B) Where an agency, department, entity or official is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by that transferred agency, department, entity or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.
(C) References to the names of agencies, departments, entities or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.
(D) Employees or personnel of agencies, departments, entities or public officials, or sections, divisions or portions thereof, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(E) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.
(G) Where the functions of former agencies have been devolved on more than one department or departmental division, the general support services of the former agency must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.
(H) The membership of the Legislative Council shall cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as they consider practical and economical.
SECTION 2. Notwithstanding any permanent or temporary provision of law, any enactment, or portion thereof, of the General Assembly in 2004 in conflict with any provision of this act shall be suspended as to its force and effect until March 1, 2005. Where there is no conflict the provisions of any other enactments shall supersede the provisions of this act. For the purposes of this section, 'conflict' shall not include:
(1) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the names of agencies, divisions or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or
(2) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the governance or structure of an agency, division or department except so far as such governance or structure is in conflict with another enactment or some portion of another enactment.
SECTION 3. (A) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding shall be substituted as a party in interest.
(B) Any statute enacted and any rule or regulation made in respect to any agency or function transferred to, or consolidated, coordinated or combined with any other agency or function under the provisions of this act before the effective date of such transfer, consolidation, coordination or combination shall, except to the extent repealed, modified, superseded or made inapplicable by or under the authority of law, have the same effect as if such transfer, consolidation, coordination or combination had not been made. But when any such statute, rule or regulation has vested functions in the agency from which the transfer is made under the act, such functions shall, insofar as they are to be exercised after the transfer, be considered as vested in the agency to which the transfer is made under the act.
(C) No suit, action or other proceeding lawfully commenced by or against any agency or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of such suit, action or other proceeding to obtain an adjudication of the questions involved, allow the same to be maintained by or against the successor of the agency or officer under the act or, if there be no such successor, against such agency or officer as the Governor shall designate.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. The Code Commissioner is directed to change or correct all references in Title 12 which is in no way related to, amended by, or otherwise addressed by this act, in order to conform references in Title 12 to the name changes of agencies and departments made throughout this act.
SECTION 6. Unless otherwise provided in this act, this act takes effect July 1, 2004. /
Renumber sections to conform.
Amend title to conform.
TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South Carolina Restructuring Act of 2004".
SECTION 2. Section 1-30-10(A) of the 1976 Code, as amended by Act 83 of 1995, is further amended by adding at the end:
"20. Department of Administration"
SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-125. Effective July 1, 2004, the following offices, divisions, or components of the State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):
(1) Division of General Services Programs of Facilities Management, Business Operations, and Fleet Management;
(2) Office of Executive Policy and Programs;
(3) Office of Economic Opportunity;
(4) Intergovernmental and Community Relations;
(5) Developmental Disabilities Council;
(6) Office of Volunteer Services;
(7) Continuum of Care as established by Section 20-7-5610;
(8) Children's Foster Care as established by Section 20-7-2379;
(9) Veterans Affairs as established by Section 25-11-10;
(10) Commission on Women as established by Section 1-15-10;
(11) Victims Assistance as established by Article 13, Chapter 3, Title 16;
(12) Ombudsman as established by Section 16-3-1620; and
(13) Small and Minority Business as established by Section 11-35-5270."
SECTION 4. (A) Where the provisions of this act transfer offices, or portions of offices, of the Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration, 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 in accordance with state laws and regulations.
(B) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
(C) The Code Commissioner is directed to change or correct all references to these offices of the Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. This authority shall not be construed to remove any authority from the Budget and Control Board for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring board approval.
SECTION 5. Chapter 3, Title 1 of the 1976 Code is amended by adding:
Section 1-3-300. It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost-effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance the quality and delivery of services.
Section 1-3-305. As used in this article:
(1) 'Board' means the Budget and Control Board.
(2) 'Committee' means the Joint Information Technology Review Committee.
(3) 'Division' means the Division of the Office of the State Chief Information Officer.
(4) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch. Governmental body excludes the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, the South Carolina Department of Transportation, colleges, universities, technical schools, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(5) 'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes.
(6) 'Information technology initiative' means an information technology project proposed by a governmental body or governmental bodies that exceeds a total estimated cost established by the Board.
(7) 'Information technology plan' means a document prepared by a governmental body that includes, but is not limited to, the following:
(a) a statement of the governmental body's mission, goals, and objectives for information technology;
(b) an explanation of how the governmental body's mission, goals, objectives for information technology support and conform to the statewide strategic plan for information technology and statewide strategic information technology directions, standards, and enterprise architecture;
(c) a profile of the governmental body's current information technology resources and capabilities, including budget data;
(d) a description of information technology initiatives underway or proposed by the governmental body;
(e) a description of new or ongoing information technology projects being, or expected to be, undertaken by the governmental body, including budget data; and
(f) other information required by law or requested by the division.
(8) 'Business panel' means the Information Technology Business Case Review Panel.
(9) 'Oversight panel' means the Information Technology Architecture Oversight Panel.
Section 1-3-310. There is created the Division of the Office of the State Chief Information Officer within the Budget and Control Board. The division is under the supervision of the State Chief Information Officer.
Section 1-3-315. In addition to other responsibilities as the Board may assign, the division shall:
(1) develop for approval of the Board a coordinated statewide strategic plan for information technology including, but not limited to, statewide strategic information technology directions, standards, and enterprise architecture. The division shall implement, upon Board approval, necessary management processes to ensure that governmental bodies fully comply with the coordinated statewide strategic plan;
(2) in consultation with the business panel and the oversight panel, develop for the approval of the Board a process for the review and approval of information technology initiatives and plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;
(3) develop policies, standards, methodologies, and procedures for the effective management of information technology investments throughout their entire life cycles including, but not limited to, project management, procurement, development, implementation, operation, security, business continuity, performance evaluation, and enhancement or retirement;
(4) oversee the development of statewide and multiagency information technology projects of governmental bodies as approved by the Board;
(5) monitor information technology initiatives approved by the Board, the division may modify and suspend any information technology initiative that is not in compliance with statewide strategic plan or has not met the performance measures agreed to by the Board the division, and the sponsoring governmental body. If the division suspends an information technology initiative or project, the governmental body or governmental bodies may seek a review of the suspension by the Board, at its next regularly scheduled meeting. The division and the governmental body or governmental bodies may present information concerning the suspension to the Board. The Board's decision regarding suspension is final. The Board may terminate any information technology initiative upon recommendation of the division;
(6) plan and forecast future needs for information technology and establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology initiatives;
(7) evaluate requests from governmental bodies for exemptions from this chapter and recommend to the Board whether the exemption requests are granted;
(8) in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness and cross agency information sharing. If the division determines the merger of the information technology of governmental bodies is appropriate, it shall sponsor an initiative and follow the approval process established under Section 1-3-315(2). The division shall merge any information technology and related resources of governmental bodies only upon approval of the Board;
(9) provide information technology and telecommunications facilities and services in a manner determined by the Board or as required by law;
(10) be responsible for compiling a comprehensive inventory of information technology maintained by governmental bodies;
(11) provide support and subject matter expertise to the Board, the committee, the business panel, and the oversight panel; and
(12) exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes of this article.
Section 1-3-320. (A) There is created a joint committee of the General Assembly to be known as the Joint Information Technology Review Committee consisting of ten members. The Chairman of the Senate Finance Committee shall appoint five members, three of whom must be appointed from the Senate Finance Committee and two appointed from the remaining membership of the Senate. The Chairman of the House Ways and Means Committee shall appoint five members, three of whom must be appointed from the House Ways and Means Committee and two appointed from the remaining membership of the House of Representatives. Terms of members of the committee shall correspond to the terms for which they are elected to the General Assembly. The committee shall elect officers of the committee, but individuals elected as officers may succeed themselves if elected to do so.
(B) The responsibilities of the committee include, but are not limited to, the following:
(1) review the reports and recommendations from the business panel and the oversight panel on information technology initiatives to determine if the expenditure of funds for the information technology initiatives is justified by sound business and technological principles and standards;
(2) provide to the Board those information technology initiatives recommended for Board approval;
(3) recommend to the Board priorities of future information technology initiatives;
(4) carry out all the above assigned responsibilities in consultation and cooperation with the Board, the division, and the appropriate governmental bodies; and
(5) report its findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee annually or upon request of these committees.
(C) The staffs of the General Assembly shall provide assistance as requested by the committee.
Section 1-3-325. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Business Case Review Panel to include representatives from governmental bodies and other entities. In addition to those members appointed by the State Chief Information Officer, the business panel shall include two members from the private sector appointed by the chairman of the Senate Finance Committee and two members from the private sector appointed by the chairman of the House Ways and Means Committee. The panel shall review the information technology initiatives of governmental bodies and advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures.
(B) The responsibilities of the business panel include the following:
(1) in conjunction with the division, and subject to Board approval, the business panel shall recommend and implement a process to assess if the expenditure of state funds for an information technology initiative is justified by sound business principles. This process must include, but is not limited to, an assessment of the return on investment projection of the information technology initiative and an assessment of if the information technology initiative is redundant with the existing technology of the governmental body proposing the information technology initiative or the existing technology of other governmental bodies; and
(2) carry out all other responsibilities assigned to it by the Board or the State Chief Information Officer.
(C) The business panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the business panel's recommendation as to whether the information technology initiative should be adopted.
(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.
Section 1-3-330. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Architecture Oversight Panel to include representatives from governmental bodies and other entities.
(B) The responsibilities of the oversight panel include:
(1) in conjunction with the division, and subject to Board approval, to recommend and implement a process to assess if information technology initiative adheres to the coordinated statewide strategic plan for information technology and the information technology plan of the governmental body proposing the information technology initiative, and to assess the technological soundness of the information technology initiative; and
(2) to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures; and
(3) to carry out all other responsibilities assigned to it by the Board or the State Chief Information Officer.
(C) The oversight panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the oversight panel's recommendation as to whether the information technology initiative should be adopted.
(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.
Section 1-3-335. There is created an Information Technology Innovation Fund to be administered by the division. The fund must provide incentives to governmental bodies to implement enterprise information technology initiatives and electronic government projects. The fund must encourage governmental bodies to use information technology to improve the delivery of services and reduce costs. The fund must not be used to replace or offset appropriations for recurring technology expenditures and operations. The fund consists of money appropriated through the state budget process, grants, gifts, donations, or other money designated by the division. The division, subject to the approval of the Board, shall develop appropriate procedures for the allocation and distribution of money contained in the fund."
SECTION 6. Section 11-35-1580(1) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"(1) Information Technology Management Office. The Information Technology Management Office shall be is responsible for:
(a) assessing the need for and use of information technology;
(b) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter; and
(c)(b) providing for the disposal of all information technology property surplus to the needs of a using agency;.
(d) evaluating the use and management of information technology;
(e) operating a comprehensive inventory and accounting reporting system for information technology;
(f) developing policies and standards for the management of information technology in state government;
(g) initiating a state plan for the management and use of information technology;
(h) providing management and technical assistance to state agencies in using information technology; and
(i) establishing a referral service for state agencies seeking technical assistance or information technology services."
SECTION 7. Title 1 of the 1976 Code is amended by adding:
Section 1-8-10. Effective January 1, 2005, the Office of the State Inspector General is created as a separate division within the South Carolina Department of Administration. The Office of State Inspector General must be headed by a State Inspector General who must be appointed by the Governor, with the advice and consent of the Senate, for a term to be coterminous with that of the Governor. The Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection. The State Inspector General may be removed from office at the discretion of the Governor by an executive order pursuant to Section 1-3-240(B). The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Department of Administration and shall exercise other powers and perform other duties as the department requires.
Section 1-8-20. (A) For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, agency, or another instrumentality of the executive branch of the state government other than the South Carolina National Guard, and includes state technical schools and state colleges and universities.
(B) The purpose of the Office of State Inspector General is to:
(1) deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all government agencies within the executive branch of the state government;
(2) keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;
(3) provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.
(C) Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.
(D) The state Office of Inspector General and the State Inspector General have no jurisdiction, power, or authority over the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard or over the legislative and judicial branches of government.
Section 1-8-30. (A) It is the duty and responsibility of the State Inspector General to:
(1) promote integrity and efficiency in executive agencies;
(2) initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;
(3) recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;
(4) report expeditiously to and cooperate fully with the Attorney General. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the State, the State Inspector General shall immediately refer the matter to the Attorney General and the Budget and Control Board. The Attorney General is responsible for criminal prosecution or civil litigation and may refer matters to the State Grand Jury, a circuit solicitor, or the appropriate agency for criminal prosecution or civil litigation;
(5) refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.
(B) The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.
Section 1-8-40. (A) In addition to the authority otherwise provided in this chapter, the State Inspector General, in carrying out the duties and responsibilities of his office, is authorized to:
(1) make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the Attorney General before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;
(2) request information or assistance necessary for carrying out the duties and responsibilities provided by this chapter from a federal, state, or local government agency or unit thereof;
(3) require and obtain immediately by written notice from officers and employees of executive agencies and the executive department, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence. If deemed necessary and upon approval of the Department of Administration, on a case by case basis, the State Inspector General has subpoena powers;
(4) have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;
(5) select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office. The officers and employees must be employed in accordance with current personnel practices and procedures of the Department of Administration and may be assigned by the State Inspector General to designated executive agencies.
(B) Upon request of the State Inspector General for information or assistance, executive agencies immediately shall furnish the information and assistance to the State Inspector General or an authorized designee.
(C) If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Department of Administration for appropriate action.
Section 1-8-50. (A) The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety.
(B) The Office of the State Inspector General is authorized and directed to promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations establishing a hotline for reporting fraud, waste, and abuse and a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.
(C) A person may not take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.
(D) The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."
SECTION 8. A. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board South Carolina Department of Administration, the Division of Motor Vehicle Management General Services, Program of Fleet Management headed by a Director, hereafter referred to as the 'State Fleet Manager' appointed by and reporting directly to the Budget and Control Board department, hereafter referred to as the Board. The Board department shall develop a comprehensive state Fleet Management Program. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.
The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.
(b) to eliminate unofficial and unauthorized use of state vehicles.
(c) to minimize individual assignment of state vehicles.
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
B. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
C. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-315, as added by Act 449 of 1992; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board Department' means State Budget and Control Board the South Carolina Department of Administration.
Section 1-11-260. (A) The Fleet Manager shall report annually to the Budget and Control Board department and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's program's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Fleet Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board department , after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.
Section 1-11-270. (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, statewide elected officials, and agency heads are provided a state-owned vehicle based on their position.
Section 1-11-280. The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board department for each trip, specifying beginning and ending mileage and the job function performed.
The provisions of this section shall not apply to school buses and service vehicles.
Section 1-11-290. The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:
(a) central purchasing of supplies and parts;
(b) an effective inventory control system;
(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and
(d) preventive maintenance programs for all types of vehicles.
All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.
All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board departmental approval shall be is required and that the existing systems shall be are uniform with the criteria established by the board department. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations department shall adjust the budgetary appropriation in Part IA, Section 63B, for 'Operating Expenses--Lease Fleet' to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.
Section 1-11-310. (A) The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management State Fleet Manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management State Fleet Manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Program of Motor Vehicle Fleet Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management State Fleet Manager. Requirements in subsection (B) do not apply to the State Development Board.
(G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.
Section 1-11-315. The State Budget and Control Board South Carolina Department of Administration, Division of General Services, program of Motor Vehicle Fleet Management, shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By March 1, 1993, the Division Program of Motor Vehicle Fleet Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes.
Section 1-11-320. The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.
Section 1-11-335. The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
Section 1-11-340. The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 9. A. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Upon review and approval by the Budget and Control Board, the Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized:
(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;
(2) To warehouse such property; and
(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.
(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.
(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The Budget and Control Board South Carolina Department of Administration is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed necessary and suitable for the administration of this chapter.
(e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.
(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.
Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
B. Sections 10-1-10, 10-1-20, 10-1-30, and 10-1-40 of the 1976 Code are amended to read:
"Section 10-1-10. (A) The State Budget and Control Board South Carolina Department of Administration, Division of General Services, shall keep, landscape, cultivate and beautify the State House and State House grounds with authority to expend such amounts as may be annually appropriated therefor. The Board department shall employ all help and labor in policing, protecting and caring for the State House and State House grounds and shall have full authority over them.
(B) The State Budget and Control Board shall keep and maintain the State House, Blatt Office Building, Gressette Office Building, Supreme Court Building, and Calhoun Office Building with authority to expend amounts as may be appropriated annually therefor and shall have full authority over the buildings. The board shall employ all help and labor in policing, protecting, and caring for the State House and shall have full authority over it.
Section 10-1-20. The State Budget and Control Board department shall report to the General Assembly annually all its acts and doings in the improvement of said grounds, together with an itemized statement of all money expended.
Section 10-1-30. (A) The Director of the Division of General Services of the State Budget and Control Board South Carolina Department of Administration may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings, except for the State House, and grounds in accordance with regulations promulgated by the board department. (B) The Budget and Control Board may authorize the use of the State House lobbies and the Gressette and Blatt Office Buildings in accordance with restrictions set by the board. The director board shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building.
(C) The regulations restrictions upon the use of the buildings and grounds must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be are not taken to protect the public health, safety, and welfare, the director, or the Budget and Control Board, respectively, shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas.
Section 10-1-40. There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee."
C. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the recommendation of the Department of Administration and the concurrence and acquiescence of the State Budget and Control Board, whenever it appears that such easements will do not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall must be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
D. Section 10-1-190 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department, subject to the approval of the Budget and Control Board."
E. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways."
F. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
G. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
H. Section 10-11-140 of the 1976 Code is amended to read:
"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board South Carolina Department of Administration to grant permission to use the State House grounds for educational, electrical decorations and similar purposes."
I. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. It shall be unlawful for any person or group of persons willfully and knowingly: (a) to enter or to remain within the capitol building unless such person is authorized by law or by rules of the House or Senate or of the State Budget and Control Board or the South Carolina Department of Administration, respectively, when such entry is done for the purpose of uttering loud, threatening and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature; (b) to obstruct or to impede passage within the capitol grounds or building; (c) to engage in any act of physical violence upon the capitol grounds or within the capitol building; or (d) to parade, demonstrate or picket within the capitol building."
J. Section 1-10-10 of the 1976 Code, as added by Act 292 of 2000, is amended to read:
"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.
The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to it, the Budget and Control Board,the division of general services of the budget and control board or its successor in interest successor-in-interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed only upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
K. Section 11-9-630 of the 1976 Code is amended to read:
Section 11-9-630. The Subject to the approval of the State Budget and Control Board, the South Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem most advantageous to the State. This shall not be construed to authorize the sale by the Board department of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."
L. Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:
"Section 11-35-3810. Subject to existing provisions of law, the board department South Carolina Department of Administration shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;
(2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the Office Division of General Services of the South Carolina Department of Administration. Such sales shall be held at such places and in such manner as in the judgment of the Office Division of General Services shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Services division all surplus personal property not in actual public use held by that agency for sale. The Office of General Services division shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.
Section 11-35-3830 (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in trade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board Department of Administration.
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board Department of Administration shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board departmental determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The Office of General Services of the State Budget and Control Board may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office's board's activities. Such The items shall must be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall must be placed in a revenue account and expended for the cost of providing such services."
M. Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-4020. Governmental bodies approved by the board South Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the Office Division of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."
N. Section 44-53-530(a) and (b) is amended to read:
"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board South Carolina Department of Administration.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
O. Sections 1-11-55, 1-11-56, 1-11-57, and 1-11-58, all as added by Act 153 of 1997, are amended to read:
"Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, government corporation, or other establishment or official of the executive, judicial, or legislative branches branch of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, the Judicial Department, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(2) The Budget and Control Board South Carolina Department of Administration, Division of General Services, is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section.
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the Office Division of General Services of its requirement on rental request forms prepared by the office. Such forms shall indicate the amount and location of space desired, the purpose for which it shall be used, the proposed date of occupancy and such other information as General Services may require. Upon receipt of any such request, General Services shall conduct an investigation of available rental space which would adequately meet the governmental body's requirements, including specific locations which may be suggested and preferred by the governmental body concerned. When suitable space has been located which the governmental body and the office division agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board department as provided for in subsection (5) of this section, General Services shall give its written approval to the governmental body to enter into a lease agreement. All proposed lease renewals shall be submitted to General Services by the time specified by General Services.
(4) The board department shall adopt procedures to be used for governmental bodies to apply for rental space, for acquiring leased space, and for leasing state-owned space to nonstate lessees. Before implementation, these procedures must be submitted to the Budget and Control Board for approval.
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the Director director of the Office Division of General Services of the Department of Administration or his designee.
Section 1-11-56. The State Budget and Control Board Department of Administration, Division of General Services, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. The department must submit regulations for the implementation of this section to the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1. The board department regulations, upon General Assembly approval, shall include procedures for:
(1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;
(2) establishing standards for the quality and quantity of space to be leased by a requesting agency;
(3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:
(a) a nonappropriation for the renting agency,
(b) a dissolution of the agency, and
(c) the availability of public space in substitution for private space being leased by the agency;
(4) rejecting an agency's request for additional space or space at a specific location, or both;
(5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the board's budget office Budget and Control Board's Office of State Budget with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period; and
(7) requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board departmental approval before the adoption of any new lease that commits more than one million dollars in a five-year period.
Section 1-11-57. (1) All transactions involving the exchange of title to real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of an acquisition of title by any governmental body by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the acquisition. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(2) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-58. (1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the State Budget and Control Board Department of Administration, Office Division of General Services, on or before June thirtieth and shall indicate current use, current value, and projected use of the property. Property not currently being utilized for necessary agency operations shall be made available for sale and funds received from the sale of the property shall revert to the general fund.
(2) The Office Division of General Services will shall review the annual reports addressing real property submitted to it and determine the real property which is surplus to the State. A central listing of such property will be maintained for reference in reviewing subsequent property acquisition needs of agencies.
(3) Upon receipt of a request by an agency to acquire additional property, the Office Division of General Services shall review the surplus property list to determine if the agency's needs can may be met from existing state-owned property. If such property is identified, the Office division of General Services shall act as broker in transferring the property to the requesting agency under terms and conditions that are mutually agreeable to the agencies involved.
(4) The Budget and Control Board department may authorize the Office Division of General Services to sell any unassigned surplus real property. The Office of General Services division shall have the discretion to determine the method of disposal to be used, which possible methods include: auction, sealed bids, listing the property with a private broker or any other method determined by the Office of General Services division to be commercially reasonable considering the type and location of property involved."
P. Section 1-11-65 of the 1976 Code, as last amended by Act 26 of 1989, and Sections 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-67. The State Budget and Control Board shall assess and collect a rental charge from all state departments and agencies that occupy State Budget and Control Board space in state-controlled office buildings. The amount charged each department or agency must be calculated on a square foot, or other equitable basis of measurement, and at rates that will yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the Office of General Services, and maintenance and operation costs of State Budget and Control Board-controlled office buildings under the supervision of the Office of General Services. The amount collected must be deposited in a special account and must be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General Services.
All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other nonappropriated funds are both directed to apportion the payment of these charges equitably among all funds to ensure that each bears its proportionate share.
Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State shall be are subject to the directions of the State Budget and Control Board Department of Administration.
Section 1-11-80. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof.
Section 1-11-90. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board, the interests of the State will not be adversely affected thereby.
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when recommended by the South Carolina Department of Administration and authorized by resolution of the Budget and Control Board, duly recorded in the minutes and records of such Board and when duly approved by the office of the Attorney General; deeds or other instruments conveying such easements over property in the name of or under the control of State agencies, institutions, commissions or other bodies shall be executed by the majority of the governing body thereof, shall name both the State of South Carolina and the institution, agency, commission or governing body as grantors, and shall show the written approval of the majority of the members of the State Budget and Control Board.
Section 1-11-110. (1) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise.
(2) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the Board. The right of condemnation is limited to the right to acquire land necessary for the development of the capitol complex mall in the City of Columbia."
Q. Section 1-11-180 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 1-11-180. (A) In addition to the powers granted the Budget and Control Board South Carolina Department of Administration under this chapter or any other provision of law, the board department may:
(1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2) approve the destruction or disposal of state agency records;
(3) require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;
(4) approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;
(5)(3) contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs. However, this does not authorize capital expenditures.
(B) The Budget and Control Board South Carolina Department of Administration may shall promulgate regulations necessary to carry out this section."
R. Sections 11-9-610, and 11-9-620 of the 1976 Code are amended to read:
"Section 11-9-610. The State Budget and Control Board South Carolina Department of Administration shall receive and manage the incomes and revenues set apart and applied to the Sinking Fund of the State. The department must report annually on the financial status of the Sinking Fund to the Budget and Control Board.
Section 11-9-620. All moneys monies arising from the redemption of lands, leases, and sales of property or otherwise coming to the State Budget and Control Board South Carolina Department of Administration for the Sinking Fund, shall must be paid into the State Treasury and shall be kept on a separate account by the Treasurer as a fund to be drawn upon the warrants of the Board department for the exclusive uses and purposes which have been or shall be declared in relation to the Sinking Fund."
S. Chapter 9, Title 10 of the 1976 Code of Laws is amended to read:
Section 10-9-10. The Public Service Authority may, through its board of directors, make and execute leases of gas, oil and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said Authority; and the State Budget and Control Board South Carolina Department of Administration and the forfeited land commissions of the several counties of this State may, with the approval of the Attorney General, make and execute such leases over and upon the lands and waters of the State and of the several counties under the ownership, management, or control of such Board the department and commissions respectively.
Section 10-9-20. No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.
Section 10-9-30. Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the State Budget and Control Board South Carolina Department of Administration may negotiate for leases of oil, gas and other mineral rights upon all of the lands and waters of the State, including offshore marginal and submerged lands.
Section 10-9-35. In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly.
Funds so accumulated shall be expended only for the following purposes:
(1) to retire the bonded indebtedness incurred by South Carolina;
(2) for capital improvement expenditures.
Section 10-9-40. The authority conferred upon the Public Service Authority, the State Budget and Control Board South Carolina Department of Administration, and the forfeited land commissions by this article shall be cumulative and in addition to the rights and powers heretofore vested by law in such Authority, such State Budget and Control Board the South Carolina Department of Administration, and such commissions, respectively.
Section 10-9-110. The State Budget and Control Board South Carolina Department of Administration shall be charged with the exclusive control and protection of the rights and interest of the State in the phosphate rocks and phosphatic deposits in the navigable streams and in the marshes thereof.
Section 10-9-120. The Board department may inquire into and protect the interests of the State in and to any phosphatic deposits or mines, whether in the navigable waters of the State or in land marshes or other territory owned or claimed by other parties, and in the proceeds of any such mines and may take such action for, or in behalf of, the State in regard thereto as it may find necessary or deem proper.
Section 10-9-130. The Board department may issue to any person who applies for a lease or license granting a general right to dig, mine and remove phosphate rock and phosphatic deposits from all the navigable streams, waters and marshes belonging to the State and also from such of the creeks, not navigable, lying therein as may contain phosphate rock and deposits belonging to the State and not previously granted. Such leases or licenses may be for such terms as may be determined by the Board department. The annual report of the Board department to the General Assembly shall include a list of all effective leases and licenses. The Board department may make a firm contract for the royalty to be paid the State which shall not be increased during the life of the license. Provided, that prior to the grant or issuance of any lease or license, the Board department shall cause to be published a notice of such application in a newspaper having general circulation in the county once a week for three successive weeks prior to the grant or issuance. Provided, further However, the lessee or licensee may shall not take possession if there be is an adverse claim and the burden of proving ownership in the State shall be placed upon the lessee or licensee.
Section 10-9-140. In every case in which such an application shall be is made to the Board department for a license, the Board department may grant or refuse the license as it may deem considers best for the interest of the State and the proper management of the interests of the State in such those deposits.
Section 10-9-150. As a condition precedent to the right to dig, mine, and remove the rocks and deposits granted by any such a license, each licensee shall enter into bond, with security, in the penal sum of five thousand dollars, conditioned for the making at the end of every month of true and faithful returns to the Comptroller General of the number of tons of phosphate rock and phosphatic deposits so dug or mined and the punctual payment to the State Treasurer of the royalty provided at the end of every quarter or three months. Such The bond and sureties thereon shall be are subject to the approval required by law for the bonds of State officers.
Section 10-9-160. Whenever the Board department shall have reason to doubt the solvency of any surety whose name appears upon any bond executed for the purpose of securing the payment of the phosphate royalty by any person digging, mining and removing phosphate rock or phosphatic deposits in any of the territory, the property of the State, under any grant or license, the Board department shall forthwith notify the person giving such bond and the sureties thereon and require that one or more sureties, as the case may be, shall be added to the bond, such surety or sureties to be approved by the Board department.
Section 10-9-170. The Board department, upon petition filed by any person who is surety on any such bond as aforesaid and who considers himself in danger of being injured by such suretyship, shall notify the person giving such bond to give a new bond with other sureties and upon failure of such person to do so within thirty days shall cause such person to suspend further operations until a new bond be given. But in In no case shall the sureties on the old bond be discharged from liability thereon until the new bond has been executed and approved, and such sureties shall not be discharged from any antecedent liability by reason of such suretyship.
Section 10-9-180. The Board department is hereby vested with full and complete power and control over all mining in the phosphate territory belonging to this State and over all persons digging or mining phosphate rock or phosphatic deposit in the navigable streams and waters or in the marshes thereof, with full power and authority, subject to the provisions of Sections 10-9-130 and 10-9-190 to fix, regulate, raise or reduce such royalty per ton as shall from time to time be paid to the State by such persons for all or any such phosphate rock dug, mined, removed and shipped or otherwise sent to the market therefrom. But six Six months' notice shall be given all persons at such time digging or mining phosphate rock in such navigable streams, waters or marshes before any increase shall be made in the rate of royalty theretofore existing.
Section 10-9-190. Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.
Section 10-9-200. The State Budget and Control Board South Carolina Department of Administration shall, within twenty days after the grant of any license as aforesaid, notify the Comptroller General of the issuing of such license, with the name of the person to whom issued, the time of the license and the location for which it was issued.
Section 10-9-210. Every person who shall dig, mine or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One half of such penalty shall be for the use of the State and the other half for the use of the informer.
Section 10-9-220. It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined or removed from the navigable streams, waters or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Board department to dig, mine or remove such phosphate rock or phosphatic deposit.
Section 10-9-230. Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One half of such forfeiture shall be for the use of the State and the other half for the use of the informer.
Section 10-9-240. Should any person whosoever interfere with, obstruct or molest or attempt to interfere with, obstruct or molest the Board department or anyone by it authorized or licensed hereunder in the peaceable possession and occupation for mining purposes of any of the marshes, navigable streams or waters of the State, then the Board department may, in the name and on behalf of the State, take such measures or proceedings as it may be advised are proper to enjoin and terminate any such molestation, interference or obstruction and place the State, through its agents, the Board department or any one under it authorized, in absolute and practical possession and occupation of such marshes, navigable streams or waters.
Section 10-9-250. Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge or other appliances for such mining or removal, without the leave or license of the Board department thereto first had and obtained, all such boats, vessels, marine dredges and other appliances are hereby declared forfeited to and property of the State, and the Attorney General, for and in behalf of the State, shall institute proceedings in any court of competent jurisdiction for the claim and delivery thereof, in the ordinary form of action for claim and delivery, in which action the title of the State shall be established by the proof of the commission of any such act of forfeiture by the person owning them, or his agents, in possession of such boats, vessels, marine dredges or other appliances. In any such action the State shall not be called upon or required to give any bond or obligation such as is required by parties plaintiff in action for claim and delivery.
Section 10-9-260. Any person wilfully interfering with, molesting or obstructing or attempting to interfere with, molest or obstruct the State or the State Budget and Control Board South Carolina Department of Administration or anyone by it authorized or licensed in the peaceable possession and occupation of any of the marshes, navigable streams or waters of the State, including the Coosaw River phosphate territory, or who shall dig or mine or attempt to dig or mine any of the phosphate rock or phosphatic deposits of this State without a license so to do issued by the Board department shall be punished for each offense by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than one nor more than twelve months, or both, at the discretion of the court.
Section 10-9-270. The Board department shall report annually to the General Assembly its actions and doings under this article during the year to the time of the meeting of the Assembly, with an itemized account of its expenses for the year incurred in connection with its duties and powers under this article.
Section 10-9-310. For purposes of this article geothermal resources mean the natural heat of the earth at temperatures greater than forty degrees Celsius and includes:
(1) The energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat.
(2) The material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium.
(3) All dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.
Section 10-9-320. The State Budget and Control Board (board) South Carolina Department of Administration may lease development rights to geothermal resources underlying surface lands owned by the State. The board department must promulgate regulations regarding the method of lease acquisition, lease terms, and conditions due the State under lease operations. The South Carolina Department of Natural Resources is designated as the exclusive agent for the board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to geothermal resource leases as may be included herein as responsibilities of the board department.
Section 10-9-330. Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use."
T. Chapter 11 of Title 1 of the 1976 Code is amended by adding:
"Section 1-11-185. (A) In addition to the powers granted the Budget and Control Board pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.
(B) The Budget and Control Board may promulgate regulations necessary to carry out its duties.
(C) The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."
SECTION 10. A. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:
"Section 58-9-2540. (B)(7) one representative from the office of the Division of Information Resource Management the Office of the Chief Information Officer, State Budget and Control Board; and"
B. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"Section 59-150-60. (A)(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Division of the Office of the Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
C. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended to read:
Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Division of the Office of the Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 11. A. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. (A) The functions of the State Budget and Control Board shall be performed, exercised and discharged under the supervision and direction of the Board through three divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment.
(B)(1) Notwithstanding subsection (A), as of July 1, 2004, the Facilities Management, Business Operations, and Fleet Management Programs of the Division of General Services of the Budget and Control Board are transferred to, and incorporated into, the South Carolina Department of Administration.
(2) Notwithstanding another provision of law, if the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, whether the responsibility be regulatory, oversight, approval, or other, the board may receive and expend revenues generated by the programs to support the board's responsibilities related to the programs. The funds may be retained and expended in subsequent fiscal years.
(C) Notwithstanding subsection (A), as of July 1, 2004, the Budget and Control Board contains an additional division, known as the Statehouse, Legislative, and Judicial Facilities Operations Division, responsible for the operations and management of the State House, Blatt Office Building, Gressette Office Building, Supreme Court Building, and Calhoun Office Building. This responsibility does not include grounds, safety, capital improvements, and leasing which are the responsibilities of the South Carolina Department of Administration."
B. Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office Division of the Office of the State Chief Information Officer in the Budget and Control Board (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
C. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:
"(89) Department of Administration, six."
D. Section 2-13-240(A)(58) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(58) Budget and Control Board:
(a) Auditor, six;
(b) General Services Division, six;
(c) Personnel Division, one;
(d) Research and Statistical Services Division, one;
(e) Retirement System, one.;
(f) Statehouse, Legislative, and Judicial Facilities Operations Division, one."
SECTION 12. Except as otherwise provided, this act takes effect upon approval by the Governor.
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