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S. 841
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Alexander and Cromer
Document Path: l:\council\bills\dka\3680sd04.doc
Introduced in the Senate on January 15, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Restructuring of state government, codification
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/15/2004 Senate Introduced and read first time SJ-8
1/15/2004 Senate Referred to Committee on Judiciary SJ-8
3/23/2004 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-14
5/18/2004 Senate Recommitted to Committee on Judiciary SJ-36
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 23, 2004
S. 841
Introduced by Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Alexander and Cromer
S. Printed 3/23/04--S.
Read the first time January 15, 2004.
To whom was referred a Bill (S. 841) to amend Section 1-1-110, Code of Laws of South Carolina, 1976, relating to officers constituting the Executive Department, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
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.
Majority favorable. Minority unfavorable.
JOHN R. KUHN C. BRADLEY HUTTO
For Majority. For Minority.
TO AMEND SECTION 1-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS CONSTITUTING THE EXECUTIVE DEPARTMENT, SO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-1-120, RELATING TO VACANCIES IN THE EXECUTIVE DEPARTMENT, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-1-1210, RELATING TO ANNUAL SALARIES OF CERTAIN STATE OFFICERS, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-7-110, RELATING TO ADVICE GIVEN BY THE ATTORNEY GENERAL TO STATE OFFICERS AND PUBLIC SERVICE COMMISSION, SO AS TO REVISE CERTAIN REFERENCES; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND CHAPTER 30, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO CREATE THE DEPARTMENTS OF ADJUTANT GENERAL, ADMINISTRATION, COMPTROLLER GENERAL, AND SECRETARY OF STATE, AND TO REORGANIZE THE DEPARTMENTS OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, CORRECTIONS AND PROBATION, DISABILITIES AND SPECIAL NEEDS, ENVIRONMENT AND NATURAL RESOURCES, HEALTH AND ENVIRONMENTAL CONTROL, AND HEALTH AND HUMAN SERVICES, ALL WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT AND TO ESTABLISH WITH EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION, TERMS, AND REMOVAL OF DEPARTMENT HEADS, BOARD AND COMMISSION MEMBERS, AND OTHER OFFICIALS AND OFFICERS; TO AMEND SECTION 25-1-10(3) AND (4), RELATING TO MILITARY CODE DEFINITIONS, SO AS TO CORRECT REFERENCES TO THE ADJUTANT GENERAL AND ASSISTANT ADJUTANT GENERAL; TO AMEND SECTION 25-1-320, RELATING TO THE ELECTION OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS AN APPOINTED OFFICIAL; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN OFFICE OF ADJUTANT GENERAL, SO AS TO PROVIDE THAT A PERSON APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE TO FILL A VACANCY IN THE OFFICE OF ADJUTANT GENERAL SHALL SERVE FOR THE UNEXPIRED TERM ONLY; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO DELETE REFERENCES TO THE COMPTROLLER GENERAL, AND SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO DELETE OBSOLETE REFERENCES AND TO REFLECT THE TRANSFER OF THE DIVISION OF GENERAL SERVICES, THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE OF ENERGY FROM THE BOARD TO THE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION AS PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54 AND 1-11-85, AND TO AMEND THE FOLLOWING SECTIONS ALL SO AS TO CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, AS AMENDED; 1-11-22; 1-11-54; 1-11-55; 1-11-56; 1-11-58; 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 1-11-110; 1-11-180; 1-11-185; 1-11-220; 1-11-225; 1-11-250 AND 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 1-11-280; 1-11-290; 1-11-300, AS AMENDED; 1-11-310, AS AMENDED; 1-11-315; 1-11-320; 1-11-335; 1-11-340; 1-11-430; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; CHAPTER 47, TITLE 2; ARTICLE 9, CHAPTER 11 OF TITLE 8; 8-11-40, AS AMENDED; 8-11-41; 8-11-50; 8-11-98; 8-11-120, AS AMENDED; 8-11-145; 8-11-165, AS AMENDED; 8-11-185; 8-11-195; 8-11-210; 8-11-230; 8-11-240; 8-11-250; 8-11-650; 8-11-670; 8-11-680; 8-12-60; 8-17-320, AS AMENDED; 8-17-330; 8-17-340, AS AMENDED; 8-17-345; 8-17-350, AS AMENDED; 8-17-380; CHAPTER 9, TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN FOR USE OF AN ALTERNATIVE FUEL BY STATE VEHICLES, 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 6 OF CHAPTER 3 OF TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER IN THE BUDGET AND CONTROL BOARD; TO AMEND THE CODE BY ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE DEPARTMENT OF ADMINISTRATION; TO AMEND SECTION 46-3-30, RELATING TO QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 46-3-40, RELATING TO THE ELECTION OF THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS AN APPOINTED OFFICE; TO AMEND SECTION 46-3-60, RELATING TO THE CLERK FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE FOR THE COMMISSIONER'S STAFF; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 1 OF TITLE 13, ESTABLISHING THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND CHAPTER 43, TITLE 41, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO RECONSTITUTE IT AS A DIVISION UNDER THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 48-5-30, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND CORPORATION, SO AS TO CONFORM THE GOVERNANCE OF THE CORPORATION TO ITS NEW ADMINISTRATION IN THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 13-1-1710, AS AMENDED, RELATING TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO CONFORM IT TO THE ADMINISTRATIVE CHANGES MADE BY THIS PART, AND TO REPEAL SECTIONS 1-11-25 AND 1-11-26, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD AND ENFORCEMENT PROVISIONS, INCLUDING CRIMINAL PENALTIES, APPLICABLE TO GRANTS MADE BY THAT DIVISION; TO AMEND CHAPTERS 1, 3, 9, 13, 19, 21, 22, 23, 25, 26, AND 27 OF TITLE 24, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE FUNCTIONS OF BOTH DEPARTMENTS SHALL BE DEVOLVED UPON THE DEPARTMENT OF CORRECTIONS AND PROBATION AND ITS SUBDIVISIONS AND TO AMEND THE FOLLOWING SECTIONS TO CONFORM THEM TO THE ESTABLISHMENT OF THE DEPARTMENT OF CORRECTIONS AND PROBATION: 2-13-240, 2-48-20, 2-48-30, 2-48-40, 2-48-60, 9-11-10, 11-35-710, ALL AS AMENDED, 14-1-220, 14-1-230, 15-49-20, AS AMENDED, 16-3-1260, 16-3-1515, 16-3-1545, 16-3-1555, 16-3-1560, 16-17-470, 17-7-10, 17-17-100, 17-24-20, 17-25-45, 17-25-80, 17-25-145, 17-25-322, 17-25-324, 17-25-380, 20-7-6845, AS AMENDED, 20-7-7810, AS AMENDED, 20-7-8025, AS AMENDED, 20-7-8515, AS AMENDED, 23-3-120, 23-3-440, AND 23-3-460, ALL AS AMENDED, 23-4-110, AS AMENDED, 23-4-520, 23-6-410, AS AMENDED, 23-6-420, AND 23-6-440, BOTH AS AMENDED, 23-25-20, 23-31-140, 40-7-340, 40-11-360, 40-33-770, 40-47-140, 42-1-480, 42-1-505, 42-7-65, 43-31-160, AS AMENDED, 44-48-40, 44-48-50, 59-63-370, AS AMENDED AND 59-101-350, AS AMENDED; TO ADD SECTION 59-3-5 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET; TO REPEAL SECTIONS 59-3-10 AND 59-3-20; TO AMEND SECTIONS 1-1-110 AND 1-1-1210, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS; TO ABOLISH THE STATE BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE STATE SUPERINTENDENT OF EDUCATION; TO AMEND CHAPTER 5, TITLE 59 OF THE 1976 CODE, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO CONFORM REFERENCES TO THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OF EDUCATION AND DELETE SECTIONS REGARDING THE COMPOSITION AND ORGANIZATION OF THE STATE BOARD OF EDUCATION; TO AMEND SECTIONS 9-1-1795, 10-1-110, 20-7-6855, 24-25-30, 24-25-35, 34-28-540, 40-33-530, 56-1-176, 56-5-190, 59-1-40, 59-1-170, 59-1-180, 59-1-320, 59-1-400, AS AMENDED, 59-1-445, 59-1-447, 59-1-448, 59-1-450, AS AMENDED, 59-1-452, AS AMENDED, 59-3-30, 59-3-60, 59-6-10, AS AMENDED, 59-6-16, AS AMENDED, 59-6-20, AS AMENDED, 59-6-30, AS AMENDED, 59-6-110, 59-6-120, 59-13-20, 59-13-40, 59-13-60, 59-13-120, 59-13-140, 59-17-60, 59-17-130, CHAPTER 18, TITLE 59, 59-19-45, AS AMENDED, 59-19-90, AS AMENDED, 59-19-95, 59-19-140, 59-19-190, 59-20-20, AS AMENDED, 59-20-40, AS AMENDED, 59-20-50, AS AMENDED, 59-20-60, AS AMENDED, 59-20-65, 59-21-150, 59-21-310, 59-21-320, 59-21-340, 59-21-350, 59-21-360, 59-21-370, 59-21-380, 59-21-390, 59-21-400, 59-21-410, 59-21-420, 59-21-440, AS AMENDED, 59-21-540, 59-21-550, 59-21-570, 59-21-580, 59-21-600, AS AMENDED, 59-21-720, 59-21-760, 59-21-1030, 59-21-1210, AS AMENDED, 59-21-1220, AS AMENDED, 59-24-20, 59-24-40, AS AMENDED, 59-24-60, 59-24-65, 59-24-80, 59-24-100, AS AMENDED, 59-24-110, AS AMENDED, 59-24-120, 59-25-110, 59-25-150, 59-25-160, 59-25-170, 59-25-180, 59-25-190, 59-25-200, 59-25-210, 59-25-240, 59-25-250, AS AMENDED, 59-25-260, AS AMENDED, 59-25-270, AS AMENDED, 59-25-530, 59-25-760, 59-25-800, 59-25-810, 59-25-820, 59-25-830, AS AMENDED, 59-25-840, 59-25-860, CHAPTER 26, TITLE 59, 59-27-10, 59-27-20, 59-28-130, 59-28-150, 59-28-160, 59-29-10, AS AMENDED, 59-29-20, 59-29-30, 59-29-40, 59-29-55, 59-29-70, 59-29-100, AS AMENDED, 59-29-110, 59-29-170, AS AMENDED, 59-29-179, 59-29-181, 59-29-182, 59-29-190, AS AMENDED, 59-29-220, AS AMENDED, 59-30-10, AS AMENDED, 59-30-15, AS AMENDED, 59-30-20, AS AMENDED, 59-30-110, CHAPTER 31, TITLE 59, 59-32-10, 59-32-20, 59-32-30, 59-33-30, 59-33-90, 59-33-100, 59-33-110, 59-35-10, AS AMENDED, 59-36-20, 59-36-30, 59-36-40, CHAPTER 37, TITLE 59, 59-39-10, 59-39-30, 59-39-80, 59-39-100, AS AMENDED, 59-39-140, 59-39-160, AS AMENDED, 59-39-170, 59-39-320, 59-39-330, 59-39-340, 59-40-70, AS AMENDED, 59-40-90, AS AMENDED, 59-40-110, AS AMENDED, 59-40-160, AS AMENDED, 59-40-180, AS AMENDED, 59-41-40, 59-41-60, 59-43-10, 59-43-20, 59-45-70, 59-52-40, 59-52-50, 59-52-60, 59-52-70, 59-52-80, 59-52-90, AS AMENDED, 59-52-100, AS AMENDED, 59-53-20, 59-53-30, 59-53-50, 59-53-53, AS AMENDED, 59-53-80, 59-53-1810, 59-53-1830, 59-53-1850, 59-53-1860, 59-53-1870, 59-53-1880, 59-53-1960, 59-54-20, AS AMENDED, 59-54-30, 59-54-40, AS AMENDED, 59-55-40, 59-63-210, AS AMENDED, 59-63-340, AS AMENDED, 59-63-430, 59-63-520, 59-63-710, 59-63-800, 59-63-1390, AS AMENDED, 59-65-10, AS AMENDED, 59-65-30, AS AMENDED, 59-65-40, 59-65-90, 59-65-230, 59-66-20, 59-66-30, 59-67-20, AS AMENDED, 59-67-30, 59-67-40, 59-67-410, 59-67-420, 59-67-440, 59-67-450, 59-67-460, 59-67-470, 59-67-490, 59-67-500, 59-67-530, 59-67-540, AS AMENDED, 59-67-550, 59-67-570, AS AMENDED, 59-67-720, 59-69-30, 59-71-410, 59-71-430, 59-71-440, 59-71-480, 59-71-550, 59-71-560, 59-73-160, 59-101-80, 59-101-160, 59-103-45, AS AMENDED, 59-103-140, 59-103-180, 59-137-10, AS AMENDED, 59-137-20, AS AMENDED, 59-137-30, AS AMENDED, 59-139-10, AS AMENDED, 59-139-11, 59-139-15, 59-139-20, 59-139-40, AS AMENDED, 59-139-50, AS AMENDED, 59-139-60, AS AMENDED, 59-139-80, 59-141-10, AS AMENDED, ARTICLE 2, CHAPTER 144, TITLE 59, 59-146-30, 59-146-60, 59-146-170, AND 60-9-30, ALL CONTAINING REFERENCES TO THE STATE BOARD OF EDUCATION, SO AS TO CHANGE THE REFERENCES FROM THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OT EDUCATION; TO AMEND CHAPTER 103, TITLE 59, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO DESIGNATE SECTIONS 59-103-10 THROUGH 59-104-200 AS ARTICLE 1, GENERAL PROVISIONS, CHAPTER 103, TITLE 59, AND BY ADDING ARTICLE 3, TUITION GRANTS; TO TRANSFER THE POWERS AND DUTIES OF THE FORMER HIGHER EDUCATION TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION AND CREATE THE TUITION GRANT ADVISORY BOARD, WHICH SHALL ADVISE THE COMMISSION OF HIGHER EDUCATION ON MATTERS CONCERNING TUITION GRANTS; TO AMEND SECTIONS 59-104-20, AS AMENDED, 59-143-30, 59-150-350, AS AMENDED, AND 59-150-355, ALL CONTAINING REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMISSION, SO AS TO CHANGE THE TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION; AND TO REPEAL CHAPTER 113, TITLE 59 OF THE 1976 CODE; TO AMEND CHAPTER 1, TITLE 44 BY ADDING ARTICLE 2 SO AS TO CREATE THE BOARD OF THE SOUTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND TO AMEND SECTIONS 1-3-240; CHAPTER 5, TITLE 3; CHAPTER 33, TITLE 4; 5-31-2010; 6-11-285; 6-11-290; 6-11-1210; 6-11-1430; 6-15-30; 6-19-30; 6-19-40; 6-21-400; CHAPTER 7, TITLE 13; 40-23-20; 40-23-110; 40-23-280; 40-23-305; 40-23-310; 40-23-400; CHAPTER 2, TITLE 44; ARTICLE 1, CHAPTER 55, TITLE 44; ARTICLE 3, CHAPTER 55, TITLE 44; ARTICLE 5, CHAPTER 55, TITLE 44; ARTICLE 23, CHAPTER 55, TITLE 44; ARTICLE 1, CHAPTER 56, TITLE 44; ARTICLE 2, CHAPTER 56, TITLE 44; ARTICLE 4, CHAPTER 56, TITLE 44; ARTICLE 7, CHAPTER 56, TITLE 44; 44-56-840; CHAPTER 67, TITLE 44; CHAPTER 87, TITLE 44; CHAPTER 93, TITLE 44; ARTICLE 1, CHAPTER 96, TITLE 44; ARTICLE 2, CHAPTER 96, TITLE 44; 46-1-130; 46-1-140; 46-3-240; 46-7-100; 46-7-110; 46-9-120; 46-13-110; 46-51-20; 47-1-80; 47-4-150; CHAPTER 5, TITLE 47; 47-17-40; 47-17-120; 47-17-130; 47-17-140; 47-17-320; 47-19-35; CHAPTER 20, TITLE 47; CHAPTER 1, TITLE 48; ARTICLE 1, CHAPTER 2, TITLE 48; 48-3-10; 48-3-20; 48-3-60; 48-3-140; 48-5-20; 48-5-40; 48-5-50; 48-5-55; 48-5-60; 48-5-160; CHAPTER 14, TITLE 48; CHAPTER 18, TITLE 48; CHAPTER 20, TITLE 48; 48-21-20; CHAPTER 39, TITLE 48; 48-40-20; 48-40-40; 48-46-30; 48-46-40; 48-46-50; 48-46-80; 48-46-90; 48-55-10; CHAPTER 56, TITLE 48; CHAPTER 57, TITLE 48; 49-1-15; 49-1-16; CHAPTER 3, TITLE 49; CHAPTER 4, TITLE 49; CHAPTER 5, TITLE 49; CHAPTER 6, TITLE 49; ARTICLE 3, CHAPTER 11, TITLE 49; CHAPTER 21, TITLE 49; 49-23-60; 50-16-30; 50-19-1935; AND 55-1-100, ALL RELATING TO ENVIRONMENTAL PROGRAMS IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN TO ADD SECTIONS 50-5-1025, 50-5-1030, 50-5-1035, AND 50-5-1040 SO AS TO TRANSFER THESE PROGRAMS TO THE DIVISION OF ENVIRONMENTAL CONTROL, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; TO AMEND SECTIONS 2-13-190, 2-13-240, 3-3-210, 10-9-320, 11-37-200, 13-11-20, 15-9-415, 16-23-20, 16-27-60, 16-27-80, 20-7-410, 20-7-1295, 23-25-20, 23-28-120, 40-23-10, 40-28-10, 40-65-10, 44-55-45, 46-13-150, 47-1-210, ARTICLE 5, CHAPTER 3, TITLE 47, 47-3-420, 47-3-510, 47-3-550, 48-1-85, CHAPTER 4, TITLE 48, 48-9-15, 48-9-40, 48-9-230, 48-9-260, 48-9-270, 48-9-280, 48-9-290, 48-11-10, 48-11-15, 48-22-10, 48-22-20, 48-43-570, 48-45-40, 48-45-80, 48-59-30, 48-59-40, 49-23-20, 49-23-60, 49-25-10, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-29-20, 49-29-200, 50-1-5, 50-3-10, 50-3-180, 50-3-410, 50-3-420, 50-3-720, 50-3-900, 50-3-910, 50-3-1120, 50-5-15, 50-5-20, 50-5-955, 50-5-1950, 50-11-20, 50-11-90, 50-11-390, 50-11-745, 50-11-1920, 50-13-1199, 50-19-1935, 50-21-10, 50-21-870, 50-23-290, 51-3-145, 51-3-160, 51-13-2010, 51-17-10, 51-17-50, 51-17-70, 51-17-90, 51-17-130, 51-17-150, 51-18-60, 51-18-30, 51-22-20, 51-22-50, 51-22-60, 56-3-7300, 56-7-50, 57-5-870, 57-23-800, 58-1-65, 58-33-140, SO AS TO CREATE THE DIVISION OF NATURAL RESOURCES WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WITH THE BOARD OF NATURAL RESOURCES TO BECOME ADVISORY OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF NATURAL RESOURCES; AND TO AMEND SECTIONS 1-5-40, 6-9-50, 6-11-105, 16-13-177, 23-49-110, 23-49-120, 46-33-90, CHAPTER 23, TITLE 48, 48-28-30, 48-29-20, 48-29-30, 48-29-40, 48-29-50, 48-29-60, 48-30-30, 48-33-20, 48-33-40, 48-33-50, 48-33-70, 48-33-80, 48-33-90, 48-34-20, 48-34-30, 48-36-30, 48-37-20, 48-37-40, 48-37-60, 49-29-160, 50-1-200, 50-2-50, 50-11-950, 51-1-60, 56-5-4715, 57-23-120, 57-25-490, 57-25-700, SO AS TO CREATE THE DIVISION OF FORESTRY WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND ABOLISH THE STATE FORESTRY COMMISSION OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF FORESTRY; TO RESTRUCTURE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SO AS TO ESTABLISH WITHIN THE DEPARTMENT THE DIVISION OF ADMINISTRATION; TO ESTABLISH THE DIVISION OF HEALTH CARE FINANCING, AND TO PLACE IN THIS DIVISION THE ADMINISTRATION OF THE MEDICAID PROGRAM AND TO TRANSFER TO THIS DIVISION FUNDING FOR HEALTH SERVICES IN CERTAIN OTHER STATE AGENCIES AND THE ADMINISTRATION OF STATE HEALTH INSURANCE PLANS AND THE SCRIPTS PROGRAM; TO ESTABLISH THE DIVISION OF HEALTH SERVICES AND TO TRANSFER TO THIS DIVISION HEALTH PROGRAMS IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE OPERATION OF CERTAIN LONG-TERM CARE FACILITIES, THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF SPECIAL NEEDS AND DISABILITIES AND THE BABYNET PROGRAM; TO ESTABLISH THE DIVISION OF HUMAN SERVICES AND TO TRANSFER INTO THIS DIVISION THE DEPARTMENT OF SOCIAL SERVICES, THE ADMINISTRATION OF CHILD DEVELOPMENT AND SOCIAL SERVICES BLOCK GRANTS, THE OFFICE ON AGING, THE STATE AGING NETWORK, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE COMMISSION FOR THE BLIND, THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND, THE JOHN DE LA HOWE SCHOOL AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; TO ESTABLISH THE DIVISION OF ADVOCACY AND SERVICE COORDINATION AND TO TRANSFER INTO THIS DIVISION THE OFFICE FOR THE REVIEW OF FOSTER CARE OF CHILDREN, THE GUARDIAN AD LITEM PROGRAM, THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND MANAGED TREATMENT SERVICES, THE CHILDREN'S CASE RESOLUTION SYSTEM, CHILDCARE LICENSURE AND REGULATION, THE FIRST STEPS TO SCHOOL READINESS PROGRAM AND THE OMBUDSMAN PROGRAM; AMONG OTHER THINGS TO TRANSFER THE AUTHORITY OF CERTAIN STATE AND LOCAL BOARDS TO ENTITIES WITHIN THE DEPARTMENT AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, 2-13-240, 8-11-120, 13-1-1710, 15-78-60, 16-17-610, 17-24-40, 20-7-30, 20-7-85, 20-7-110, 20-7-121, 20-7-125, 20-4-160, 20-7-420, ARTICLE 7, CHAPTER 7, TITLE 20, SECTIONS 20-7-480 THROUGH 20-7-695, SUBARTICLES 1, 2, 3 OF ARTICLE 9, CHAPTER 7, TITLE 20, SECTIONS 20-7-736 THROUGH 20-7-775, 20-7-852, 20-7-854, 20-7-856, 20-7-873, 20-7-936 THROUGH 20-7-949, 20-7-952, 20-7-955, 20-7-956, 20-7-1070, 20-7-1134, 20-7-1295, 20-7-1315, 20-7-1322, 20-7-1440, 20-7-1450, 20-7-1547, 20-7-1564, 20-7-1572, 20-7-1574, SUBARTICLE 5, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1630 THROUGH 20-7-1645, 20-7-1650, 20-7-1670, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1900 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2376, SUBARTICLES 1 AND 3, ARTICLE 13, CHAPTER 7, TITLE 20, 20-7-2230 THROUGH 20-7-2345, 20-7-2379, 20-7-2386, SUBARTICLES 7 AND 8, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2440 THROUGH 20-7-2660, SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2700 THROUGH 20-7-3098, ARTICLE 19 AND ARTICLE 22, CHAPTER 7, TITLE 20, 20-7-5610, 20-7-5660, ARTICLE 32, CHAPTER 7, TITLE 20 SECTIONS 20-7-9505 THROUGH 20-7-9575, ARTICLE 19, CHAPTER 13, TITLE 24, SECTIONS 24-13-1910 THROUGH 24-13-1950, SECTIONS 31-3-50, 38-55-530, 40-68-120, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, 41-27-230, 41-27-235, 41-27-260, 41-27-280, 41-27-360, 41-27-370, 41-27-390, ARTICLE 5, CHAPTER 27, TITLE 41, SECTIONS 41-29-10, 41-29-20, 41-29-30, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, 41-29-130, 41-29-140, 41-29-150, 41-29-160, 41-29-170, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-260, 41-29-270, 41-29-280, 41-29-290, 41-31-20, 41-31-30, 41-31-70, 41-31-90, 41-31-100, 41-31-120, 41-31-130, 41-31-140, 41-31-160, 41-31-170, ARTICLES 3, 5, 7, AND 9 OF CHAPTER 31, TITLE 41, SECTION 41-33-710, CHAPTER 42, TITLE 41, SECTIONS 42-1-40, 42-1-50, CHAPTER 1, TITLE 43, SECTIONS 43-1-10 THROUGH 43-1-240, 43-3-40, 43-3-60, 43-3-90, 43-3-100, 43-3-110, ARTICLE 1, CHAPTER 5, TITLE 43 SECTIONS 43-5-10 THROUGH 43-5-245, ARTICLE 3, CHAPTER 5, TITLE 43, SECTIONS 43-5-310 THROUGH 43-5-350, ARTICLE 5, CHAPTER 5, TITLE 43 SECTIONS 43-5-580 THROUGH 43-5-630, ARTICLE 7, CHAPTER 5, TITLE 43, SECTIONS 43-5-910 THROUGH 43-5-970, ARTICLE 9, CHAPTER 5, TITLE 43, SECTIONS 43-5-1105 THROUGH 43-5-1285, CHAPTER 21, TITLE 43 SECTIONS 43-21-10 THROUGH 43-21-190, CHAPTER 31, TITLE 43, SECTIONS 43-31-10 THROUGH 43-31-160, CHAPTER 25, TITLE 43, SECTION 43-33-340, 40-3-33-370, 43-35-10, 43-35-55, 43-35-310, SECTION 43-38-10 THROUGH 43-38-60, CHAPTER 1, TITLE 44, ARTICLE 1, CHAPTER 3, TITLE 44, ARTICLE 1, CHAPTER 4, TITLE 44, 44-4-130, SECTIONS 44-4-300 THROUGH 44-4-340, SECTIONS 44-4-500 THROUGH 44-4-570, 44-5-20, ARTICLES 1, 2, AND 3, CHAPTER 6, TITLE 44 SECTIONS 44-6-5 THROUGH 44-6-220, ARTICLE 3, CHAPTER 6, TITLE 44, SECTIONS 44-6-300 THROUGH 44-6-320, ARTICLE 4, CHAPTER 6, TITLE 44, SECTIONS 44-6-400 THROUGH 44-6-540, 44-6-720, 44-6-730, 44-7-77, 44-7-80, 44-7-84, 44-7-90, 44-7-130, 44-7-140, 44-7-150, 44-7-160, 44-7-170, 44-7-180, 44-7-190, SECTIONS 44-7-200 THROUGH 44-7-250, 44-7-260, 44-7-265, 44-7-270, 44-7-290, 44-7-300, 44-7-310, 447-315, 44-7-320, 44-7-330, 44-7-345, 44-7-360, 44-7-370, 44-7-510, 44-7-520, SECTIONS 44-7-530 THROUGH 44-7-580, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, ARTICLE 21, CHAPTER 7, TITLE 44, SECTIONS 44-7-2510 THROUGH 44-7-2610, 44-7-2940, 44-7-2950, CHAPTER 9, TITLE 44 SECTIONS 44-9-10 THROUGH 44-9-160, 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80, CHAPTER 13, TITLE 44, SECTIONS 44-13-10 THROUGH 44-13-70, CHAPTER 17, TITLE 44, SECTIONS 44-17-305, 44-17-410, SECTIONS 44-17-459 THROUGH 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20, 44-20-30, ARTICLE 3, CHAPTER 20, TITLE 44, SECTIONS 44-20-210 THROUGH 44-20-510, ARTICLE 5, CHAPTER 20, TITLE 44, SECTIONS 44-20-710 THROUGH 44-20-1000, ARTICLE 7, CHAPTER 20, TITLE 44, SECTIONS 44-20-1110 THROUGH 44-20-1170, CHAPTER 22, TITLE 44, SECTIONS 44-22-10 THROUGH 44-22-220, CHAPTER 23, TITLE 44, SECTIONS 44-23-10 THROUGH 44-23-1150, CHAPTER 26, TITLE 44, SECTIONS 44-26-10 THROUGH 44-26-220, CHAPTER 29, TITLE 44, SECTIONS 44-29-20 THROUGH 44-29-250, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, 44-30-380, ARTICLE 1, CHAPTER 31, TITLE 44, SECTIONS 44-31-10 THROUGH 44-31-30, ARTICLE 7 AND 9, OF CHAPTER 31, TITLE 44, SECTIONS 44-31-510 THROUGH 44-31-520, 44-31-610, CHAPTER 32, TITLE 44, SECTIONS 44-32-10 THROUGH 44-32-120, 44-33-10, CHAPTER 35, TITLE 44, SECTIONS 44-35-5 THROUGH 44-35-100, 44-36-20, 44-36-30, 44-36-50, 44-36-330, 44-36-520, CHAPTER 37, TITLE 44, SECTIONS 44-37-10 THROUGH 44-37-40, 44-38-30, 44-40-20, 44-40-30, 44-40-60, 44-41-10 44-41-20, 44-41-32, 44-41-37, 44-41-60, 44-41-70, 44-41-75, 44-41-340, 44-48-30, 44-48-30, 44-48-100, 44-48-110, 44-48-120, 44-48-130, CHAPTER 49, TITLE 44 SECTIONS 44-49-10 THROUGH 44-49-80, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280, SECTIONS 44-53-290 THROUGH 44-53-360, 44-53-395, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, 44-53-560, ARTICLES 4 AND 5, CHAPTER 53, TITLE 44, SECTIONS 44-53-610 THROUGH 44-53-760, 44-53-930, 44-53-1320, SECTIONS 44-53-1360 THROUGH 44-53-1390, SECTIONS 44-53-1430, 44-56-410, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-80, 44-63-84, 44-63-86, 44-63-110, 44-63-160, 44-63-161, CHAPTER 69, TITLE 44, SECTIONS 44-69-10 THROUGH 44-69-100, CHAPTER 71, TITLE 44, SECTIONS 44-71-10 THROUGH 44-71-110, 44-74-50, 44-74-60, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-78-15, 44-78-65, 44-81-30, 44-89-30, 44-89-40, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, SECTIONS 44-99-10 THROUGH 44-99-80, 44-113-20, 44-113-30, 44-113-50, 44-113-80, 44-115-130, 44-117-50, 44-125-20, CHAPTER 128, TITLE 44, SECTIONS 44-128-10 THROUGH 44-128-50, 46-43-40, 56-5-2990, 59-32-10, CHAPTER 47, TITLE 59, SECTIONS 59-42-10 THROUGH 59-47-130, CHAPTER 49, TITLE 59, SECTIONS 59-49-10 THROUGH 59-49-160, CHAPTER 51, TITLE 59, SECTIONS 59-51-10 THROUGH 59-51-50, 59-152-10; TO CREATE THE DIVISION OF ELECTIONS WITHIN THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLVE CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS AND TO AMEND SECTIONS 1-1-110, AS AMENDED, 1-1-120, 1-1-1210, AS AMENDED, 1-7-110, 1-9-30, 7-1-20, AS AMENDED, 7-3-20, 7-3-30, 7-3-40, 7-3-50, 7-3-60, 7-5-10, 7-5-35, 7-5-125, 7-5-155, 7-5-170, 7-5-180, 7-5-280, ALL AS AMENDED, 7-5-310, 7-5-330, 7-5-340, 7-5-470, 7-5-660, AS AMENDED, CHAPTER 7 OF TITLE 7, 7-9-10, 7-9-80, 7-9-100, AS AMENDED, 7-11-15, 7-11-20, BOTH AS AMENDED, 7-11-40, 7-11-50, AS AMENDED, 7-11-55, 7-11-70, 7-11-80, ALL AS AMENDED, 7-11-85, SECTION 16, ACT 253 OF 1992 (7-13-15), AS AMENDED, 7-13-50, 7-13-70, BOTH AS AMENDED, 7-13-72, 7-13-180, 7-13-310, 7-13-320, AS AMENDED, 7-13-325, AS AMENDED, 7-13-335, 7-13-340, 7-13-350, AS AMENDED, 7-13-351, 7-13-355, BOTH AS AMENDED, 7-13-420, 7-13-610, AS AMENDED, 7-13-611, 7-13-710, AS AMENDED, 7-13-1160, 7-13-1330, AS AMENDED, 7-13-1340, 7-13-1360, 7-13-1370, 7-13-1371, 7-13-1380, 7-13-1390, 7-13-1400, 7-13-1490, 7-13-1620, 7-13-1640, AS AMENDED, 7-13-2120, 7-15-10, AS AMENDED, 7-15-340, AS AMENDED, 7-15-385, AS AMENDED, 7-15-400, 7-15-460, 7-15-470, 7-17-90, 7-17-210, 7-17-220, AS AMENDED, 7-17-330, 7-17-510, AS AMENDED, 7-17-530, 7-17-550, 7-17-570, 14-7-130, 14-7-150, 14-7-390, 14-25-155, ALL AS AMENDED, 22-2-30, 22-2-50, 33-56-20, AS AMENDED, 48-11-100, 56-1-90, AS AMENDED, 61-6-2010, AS AMENDED, SO AS TO AMEND THEM RESPECTIVELY TO CONFORM TO THE CREATION OF THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLUTION OF POWER, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS; TO AMEND SECTION 1-3-120, RELATING TO VACANCIES IN THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-130, RELATING TO THE DISABILITY OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND SENATE PRESIDENT PRO TEMPORE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO THE PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-210, RELATING TO THE FILLING OF VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO REQUIRE THE GOVERNOR TO SUBMIT THE NAME OF AN INTERIM APPOINTEE WITHIN TEN DAYS OF THE APPOINTMENT, AND TO SUBMIT A FORMAL APPOINTMENT ON THE FIRST DAY OF THE NEXT ENSUING REGULAR SESSION; TO AMEND SECTION 1-3-220, RELATING TO APPOINTMENT OF CERTAIN OFFICERS, SO AS TO CLARIFY THAT THE GOVERNOR MAY FILL VACANCIES IN COUNTY OFFICES EXCEPT AS OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 1-9-30, RELATING TO DISABILITY OR UNAVAILABILITY OF THE GOVERNOR, SO AS TO CHANGE A REFERENCE OF SENATE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-11-425, RELATING TO THE EXEMPTION OF THE PRESIDENT PRO TEMPORE OF THE SENATE FROM THE REQUIREMENTS OF THE SECTION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-17-20, RELATING TO THE COMMITTEE ON INTERSTATE COOPERATION OF THE SENATE, SO AS TO REMOVE THE LIEUTENANT GOVERNOR FROM SERVICE ON THE COMMITTEE; TO AMEND SECTION 1-18-70, RELATING TO OCCUPATIONAL REGULATION AND LICENSING, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO CHANGE REFERENCES OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE OBSOLETE LANGUAGE AND TO PROVIDE FOR REPORTS BY DEPARTMENT AUTHORITIES TO THE GENERAL ASSEMBLY; TO AMEND SECTION 2-3-20, RELATING TO THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO THE PRESIDENT PRO TEMPORE OF THE SENATE; TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR LEGISLATIVE DAYS FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DELETE A REFERENCE TO THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-3-75, RELATING TO THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FO A PRESIDENT PRO TEMPORE OF THE SENATE EACH YEAR TO PRESIDE IN THE ABSENCE OF THE PRESIDENT; TO AMEND SECTION 2-3-90, RELATING TO A VACANCY IN THE OFFICE OF THE SENATE SERGEANT AT ARMS OR ASSISTANT SERGEANT AT ARMS WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE, RATHER THAN THE LIEUTENANT GOVERNOR, WOULD APPOINT SUCH AN OFFICER IN THE INTERIM; TO AMEND SECTION 2-3-105, RELATING TO THE DUTIES OF SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-3-130, RELATING TO THE APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE SENATE, SO AS TO CHANGE A REFERENCE OF PRESIDING OFFICER OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-15-10, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL VACANCIES; TO AMEND SECTION 2-15-60, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-90, RELATING TO THE ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE, AND TO ADD A REFERENCE OF PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-100, RELATING TO THE PROHIBITION AGAINST PUBLIC OFFICIALS AND EMPLOYEES FROM RECEIVING COMPENSATION FOR SPEAKING BEFORE OUT-OF-STATE AUDIENCES, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-19-10, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-41-70, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-59-10, RELATING TO THE SENATE OPERATIONS AND MANAGEMENT COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-20, RELATING TO THE REQUESTS BY JOINT STUDY COMMITTEES THAT SUBPOENAS AND SUBPOENAS DUCES TECUM BE ISSUED, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-40, RELATING TO THE CONDITIONS UPON ISSUANCE OF SUBPOENAS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO ADD CHAPTER 70 TO TITLE 2, SO AS TO PROVIDE FOR PERIODIC AGENCY AND DEPARTMENT REVIEW BY THE STANDING COMMITTEES OF THE SENATE; TO AMEND SECTION 2-75-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 6-4-35, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 7-5-10, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE FOR APPOINTMENTS WHEN THE SENATE IS NOT IN SESSION; TO AMEND SECTION 7-11-30, RELATING TO THE CONVENTION NOMINATION OF CANDIDATES, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 7-17-10, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 8-13-540, RELATING TO HEARINGS BY THE SENATE ETHICS COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 8-13-715, RELATING TO OUT-OF-STATE SPEAKING ENGAGEMENT EXPENSES FOR PUBLIC OFFICIALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 9-16-90, RELATING TO RETIREMENT SYSTEMS FUNDS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 10-1-40, RELATING TO THE STATE HOUSE COMMITTEE, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 11-43-140, RELATING TO THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-3-40, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT FOR A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-5-160, RELATING TO ASSIGNMENT OF CIRCUIT COURT JUDGES TO FILL VACANCIES, SO AS TO PROVIDE THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO FILL A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR MUST BE MADE WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 14-8-60, RELATING TO VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE THAT FOR VACANCIES WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-30, RELATING TO THE EX OFFICIO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-40, RELATING TO TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-80, RELATING TO THE DUTIES OF CERTAIN MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 20-7-1370, RELATING TO QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FOR ANY VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY APPOINTMENT OF THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 20-7-9710, RELATING TO THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 24-21-10, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE A CLARIFYING CHANGE; TO AMEND SECTION 24-22-150, RELATING TO THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 37-6-502, RELATING TO MEMBERS OF COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A VACANCY IN ONE OF THE SEATS ELECTED BY THE GENERAL ASSEMBLY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT FOR ANY VACANCY OCCURRING WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, THE VACANCY MAY BE FILLED BY APPOINTMENT BY THE GOVERNOR UNTIL AN ELECTION CAN BE HELD BY THE GENERAL ASSEMBLY TO FILL THE UNEXPIRED TERM; TO AMEND SECTION 44-128-50, RELATING TO THE YOUTH SMOKING PREVENTION ADVISORY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 48-59-40, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK BOARD MEMBERSHIP, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-13-720, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-40, RELATING TO THE WAR BETWEEN THE STATES HERITAGE TRUST COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-115, RELATING TO THE WAR BETWEEN THE STATES HERITAGE PRESERVE TRUST FUND, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-19-10, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE THAT VACANCIES OF CERTAIN MEMBERS MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 54-7-100, RELATING TO THE MEMBERSHIP OF THE HUNLEY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-20, RELATING TO MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 58-3-26, RELATING TO THE JOINT COMMITTEE TO CONSIDER THE QUALIFICATIONS OF CANDIDATES TO THE PUBLIC SERVICE COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-30, RELATING TO VACANCIES ON THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 58-9-2220, RELATING TO THE JOINT TELECOMMUNICATIONS STUDY COMMITTEE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-6-10, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-40, RELATING TO THE MEMBERSHIP OF THE BOARD OF THE LOTTERY COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-320, RELATING TO REPORTS SUBMITTED BY THE LOTTERY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-325, RELATING TO MEMBERSHIP OF THE EDUCATION LOTTERY OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-152-160, RELATING TO THE EVALUATION OF PROGRESS OF THE FIRST STEPS TO SCHOOL READINESS PROGRAM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; AND TO REPEAL SECTIONS 14-5-170, 14-5-200, AND 14-5-220, RELATING TO THE APPOINTMENT AND COMPENSATION OF A SPECIAL JUDGE TO FILL A VACANCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-1-110 of the 1976 Code is amended to read:
"Section 1-1-110. The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor, and Lieutenant Governor, the Secretary of State, the State Treasurer, and the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."
SECTION 2. Section 1-1-120 of the 1976 Code is amended to read:
"Section 1-1-120. In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, or Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy."
SECTION 3. Section of the 1976 Code is amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
SECTION 4. Section 1-7-110 of the 1976 Code is amended to read:
"Section 1-7-110. He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other elected or appointed State officer, or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business."
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
1. Department of the Adjutant General
2. Department of Administration
3. Department of Agriculture
4. Department of Commerce
5. Department of the Comptroller General
6. Department of Corrections and Probation
7. Department of Education
8. Department of Environment and Natural Resources
9. Department of Health and Human Services
10 Department of Insurance
11. Department of Juvenile Justice
12. Department of Labor, Licensing, and Regulation
13. Department of Parks, Recreation and Tourism
14. Department of Public Safety
15. Department of Revenue
16. Department of Secretary of State
17. Department of Transportation
18. Department of Motor Vehicles
(B)(1) The governing authority of each department shall be either: (i) a director, a commissioner, a general, 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; or,
(ii)( i) 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.
(ii) in the case of the Department of Education, the State Superintendent of Education 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;
(iii) in the case of the Department of Secretary of State, the Secretary of State 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;
(iv) in the case of the Department of Adjutant General, the Adjutant General who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or
(v) in the case of the Department of Comptroller General, the Comptroller General 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.
(2) In making appointments to boards and an appointment for a department directors, director, commissioner, general or secretary, 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 or subdivisions by the governing authority of the department through further consolidation or subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, 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 department director, commissioner, general, or secretary 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, commissioner, general, or secretary 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. Notwithstanding the provisions of item (1) of this subsection, the Superintendent of Education and the Secretary of State elected in November 2002 shall complete the term for which they were elected and a vacancy in one of these offices must be filled as provided in Section 1-3-240 permitting the Governor to appoint a person to fill these offices.
(G)(1) Department and agency governing authorities must, no later than the first day of the 1994 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. 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.
(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 Health Services, Bureau of Behavioral Health Services, Office 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 Office 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 Human Resources in the Budget and Analyses Division of the Budget and Control Board;
(3) the Office of Energy in the Insurance and Grants Services Division of the Budget and Control Board;
(4) the Office of Support 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 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 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 violation of 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 division 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):
(a) for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment of this section, and
(b) 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.;
(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.
(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 of these agencies, except for those subdivisions specifically included in or transferred to another department, are transferred to the Department of Commerce, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Commerce:
(1) the Local Government Division of the State Budget and Control Board established pursuant to Section 1-11-25; and
(2) the South Carolina Jobs-Economic Development Authority established pursuant to Chapter 43, Title 41.
Section 1-30-30. (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 Corrections:
Department of Corrections, formerly provided for at Section 24-1-10, et seq.
(B) Effective July 1, 2004, the name of the Department of Corrections is changed to the Department of Corrections and Probation and 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 in or transferred to another department, are transferred to the Department of Corrections and Probation, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Corrections and Probation:
(1) all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Corrections as provided in Chapter 1, Title 24, except those included in or transferred to another department or division, are transferred to the Division of Corrections;
(2) all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Probation, Parole and Pardon Services as provided in Chapter 21, Title 24, except those included in or transferred to another department or division, are transferred to the Division of Probation, Parole and Pardon Services; and
(3) Board of Probation, Parole and Pardon Services, as provided in Chapter 21, Title 24.
Section 1-30-35. (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 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.
(B) Effective on July 1, 2004, the Department of Disabilities and Special Needs, 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 Health Services, Bureau of Special Needs Services, Office of Disabilities and Special Needs, and all powers, duties obligations, and responsibilities of the Department of Disabilities and Special Needs are devolved upon the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services, Office of Disabilities and Special Needs.
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, and concurrent with the appointment of the Superintendent of Education, the State Board of Education, 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 board, except for those subdivisions specifically included in or transferred to another department or division, are transferred to the Superintendent of Education, and all powers, duties, obligations, and responsibilities of the board are devolved upon the Superintendent of Education.
Section 1-30-45. (A) 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.
(B) Effective on July 1, 2004, the health programs, as delineated in Section 1-30-50(B)(1) and as otherwise provided by law, in the Department of Health and Environmental Control, 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 these health programs and 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 Health Services, Bureau of Health Programs, and all powers, duties, obligations, and responsibilities of these health programs in the Department of Health and Environmental Control are devolved upon the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs.
(C) 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 of these agencies, except for those subdivisions specifically included in or transferred to another department, are transferred to the Department of Environment and Natural Resources:
(1) all environmental programs, as delineated in subsections (B)(2), (3), and (4), and as otherwise provided by law, in the Department of Health and Environmental Control, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Health and Environmental Control, except those included in or transferred to another department or division, are transferred to the Division of Environmental Control, and all powers, duties, obligations, and responsibilities of these environmental programs in Department of Health and Environmental Control are devolved upon the Division of Environmental Control, Department of Environment and Natural Resources;
(2) all of the environmental regulatory responsibilities and duties of the Board of the Department of Health and Environmental Control are transferred to and devolved upon the Board of the Department of Environment and Natural Resources;
(3) the Department of Natural Resources and its governing board as provided in Chapter 4, Title 48, are transferred to the Division of Natural Resources as contained in Section 1-30-75(B), and all powers, duties, obligations, and responsibilities of the Department of Natural Resources are devolved upon the Division of Natural Resources, Department of Environment and Natural Resources; and
(4) all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Commission of Forestry as provided in Chapter 23, Title 48, except those included in or transferred to another department or division, are transferred to the Division of Forestry, and all powers, duties, obligations, and responsibilities of the Commission of Forestry are devolved upon the Division of Forestry, Department of Environment and Natural Resources.
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) State Health Insurance Plan, formerly provided for in Section 1-11-710, et seq.;
(3) health programs in the Department of Health and Environmental Control, as formerly constituted in Section 1-30-45(A), and as otherwise provided by law, including, but not limited to:
(a) infectious disease prevention;
(b) maternal and child health;
(c) chronic disease prevention;
(d) access to care;
(e) drug control;
(f) rape violence prevention;
(g) independent living;
(h) home healthcare;
(i) health facilities licensing;
(k) certification and inspection of care;
(l) emergency medical services;
(4) Department of Alcohol and Other Drug Abuse Services, as formerly constituted in Section 1-30-20(A);
(5) Department of Mental Health, as formerly constituted in Section 1-30-70(A);
(6) Department of Disabilities and Special Needs, as formerly constituted in Section 1-30-35(A) ;
(7) Babynet, the agency designated by the Governor by Executive Order to provide early intervention services for infants and toddlers with disabilities, as formerly provided for at Section 44-7-2510 et seq.;
(8) Department of Social Services, as formerly constituted in Section 1-30-100(A);
(9) State Aging Network, as may be provided for in law or otherwise;
(10) Division of Aging, as formerly constituted in Section 1-30-110(A);
(11) Department of Vocational Rehabilitation, as formerly provided for at Section 43-31-10 et seq.;
(12) Commission for the Blind, as formerly provided for at Section 43-25-10 et seq.;
(13) School for the Deaf and Blind, as formerly provided for at Section 59-47-10 et seq.;
(14) John de la Howe School, as formerly provided for at Section 59-49-10 et seq.;
(15) Wil Lou Gray Opportunity School, as formerly provided for at Section 59-51-10 et seq.;
(16) Division for the Review of Foster Care of Children, as formerly constituted in Section 1-30-110(A);
(17) the Guardian ad Litem Program, as formerly constituted in Section 1-30-110(A);
(18) Continuum of Care of Emotionally Disturbed Children, as formerly constituted in Section 1-30-110(A);
(19) Children's Case Resolution System, as formerly provided for in Section 20-7-5230 et seq.;
(20) First Steps to School Readiness, as formerly provided for at Section 59-152-10 et seq;
(21) 'Development Disabilities Council', as provided for by Executive Order 2001-07;
(22) Long Term Care Ombudsman Program, as formerly provided for at Section 48-38-10 et seq.;
(23) State Ombudsman in the Office of the Governor, as may be provided for in law or otherwise;
(24) the Employment Security Commission, as formerly provided for by Chapters 27 through 41, Title 41.
(C) Effective January 1, 2005, the Office of State Inspector General in the Department of Health and Human Services is established in Chapter 8, Title 1.
(D) 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.
(E) 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.
(F) 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, 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 Health Services, Bureau of Behavioral Health Services, Office 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 Health Services, Bureau of Behavioral Health Services, Office of Mental Health.
Section 1-30-75. (A) 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.
(B) Effective on July 1, 2004, the name of the Department of Natural Resources is changed to the Division of Natural Resources, Department of Environment and Natural Resources and the Department of Natural Resources, 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 Division of Natural Resources, and all powers, duties, obligations, and responsibilities of the Department of Natural Resources are devolved upon the Division of Natural Resources, Department of Environment and Natural Resources.
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. (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 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.
(B) Effective on July 1, 2004, the Department of Probation, Parole and Pardon 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 Corrections and Probation, Division of Probation, Parole and Pardon Services and all powers, duties, obligations, and responsibilities of the Department of Probation, Parole and Pardon Services are devolved upon the Division of Probation, Parole and Pardon Services, Department of Corrections and Probation.
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 1-30-97. Effective upon the expiration of the term of the Secretary of State serving on the date of the ratification of a constitutional amendment requiring the Secretary of State to be appointed by the Governor with the advice and consent of the Senate, 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 Secretary of State.
All programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Election Commission as provided in Chapter 3, Title 7, except those included in or transferred to another department or division, are transferred to and incorporated in and must be administered as part of the Division of Elections; and all powers, duties, obligations, and responsibilities of the Election Commission, except those powers, duties, obligations, and responsibilities of the commission while functioning as the State Board of Canvassers, are devolved upon the Division of Elections, Department of Secretary of State.
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. 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.
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 Victim's 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;
(2) Guardian Ad Litem Program; and
(3) Division for the Review of the Foster Care of Children.
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 1-30-130. Effective upon the expiration of the term of the Adjutant General serving on the date of the ratification of a constitutional amendment requiring the Adjutant General to be appointed by the Governor with the advice and consent of the Senate, 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 Adjutant General:
The term 'Office' as used in Chapter 1, Title 25, and in other provisions of law unless otherwise stated means 'department'.
Section 1-30-135. Effective upon the expiration of the term of the Comptroller General serving on the date of the ratification of a constitutional amendment requiring the Comptroller General to be appointed by the Governor with the advice and consent of the Senate, 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 Comptroller General:
The term 'Office' as used in Chapter 3, Title 11, and in other provisions of law unless otherwise stated means 'department'."
SECTION 1. Section 25-1-10(3) and (4) of the 1976 Code is amended to read:
"(3) 'Adjutant General' - Shall be understood to be the Adjutant and Inspector General.
(4) 'The Assistant Adjutant General' - Shall be understood to be the Assistant Adjutant and Inspector General."
SECTION 2. Section 25-1-320 of the 1976 Code is amended to read:
Section 25-1-320. There shall be is an Adjutant General elected by the qualified electors of this State at the same time and in the same manner and for the same term of office as other State officials appointed by the Governor with the advice and consent of the Senate. His rank shall must be that of major-general. He shall hold holds office until his successor is elected and qualifies. He shall be is ex officio chief of staff. He shall receive such annual salary as may be provided by the General Assembly."
SECTION 3. Section 25-1-340 of the 1976 Code is amended to read:
"Section 25-1-340. If the office of Adjutant General is vacated because of the death, resignation, or retirement of the Adjutant General prior to the normal expiration of his term of office, the Governor shall appoint an officer of the active South Carolina National Guard, who is at least the rank of lieutenant colonel, meets the eligibility requirements for a constitutional officer, and who has a minimum of fifteen years' active commissioned service in the South Carolina National Guard, to fill out the unexpired term of the former incumbent. The appointee, upon being duly qualified, is subject to all the duties and liabilities incident to the office and receive the compensation provided by law for the Adjutant General during his term of service. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy in the office of Adjutant General shall serve for the unexpired term only."
SECTION 1. Section 1-11-10 of the 1976 Code is amended to read:
"Section 1-11-10. The State Budget and Control Board shall be is comprised of the Governor, ex officio, who shall be chairman, the State Treasurer, ex officio, the Comptroller General, ex officio, and the chairman of the Senate Finance Committee, ex officio, and the chairman of the Ways and Means Committee of the House of Representatives, ex officio."
SECTION 2. 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, the Office of Human Resources in the Budget and Analyses Division, 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) Notwithstanding subsection (A), as of January 1, 2005, the Employee Insurance Program in the Insurance and Grants Services Division is transferred to, and incorporated into, the South Carolina Department of Health and Human Services.
(D) Notwithstanding subsection (A), as of January 1, 2005, the Local Government State Revolving Loan Fund in the Insurance and Grants Services Division is transferred to, and incorporated into, the South Carolina Department of Commerce.
(E) On and after January 1, 2005, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of two management entities: (1) the Office of Executive Director and (2) the State Auditor; and nine divisions: (1) Statehouse, Legislative, and Judicial Facilities Operations 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 Strategic Planning and Operations Division, (7) the Internal Audit and Performance Review Division, (8) the State Chief Information Officer Division, and (9) the Cultural and Information Services Division.
(F) Effective January 1, 2005, The Cultural and Information Services Division of the Budget and Control Board is established to coordinate the administrative services of, and provide administrative services to, the State Library, The State Museum, 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 3. 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.
(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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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; '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 14. 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 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 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 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 15. Chapter 47, Title 2 of the 1976 Code is amended to read:
"Section 2-47-20. There is hereby created a six member joint committee of the General Assembly to be known as the Joint Bond Review Committee to study and monitor policies and procedures relating to the approval of permanent improvement projects and to the issuance of State general obligation and institutional bonds; to evaluate the effect of current and past policies on the bond credit rating of the State; and provide advisory assistance in the establishment of future capital management policies. Three members shall be appointed from the Senate Finance Committee by the chairman thereof and three from the Ways and Means Committee of the House of Representatives by the chairman of that committee. 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 any person so elected may succeed himself if elected to do so.
The expenses of the committee shall be paid from approved accounts of both houses. The Legislative Council and all other legislative staff organizations shall provide such assistance as the joint committee may request.
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 2-47-35. No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Joint Bond Review Committee, in consultation with the Budget and Control Board, establishes priorities for the funding of the projects. The Joint Bond Review Committee shall report its priorities to the members of the General Assembly within thirty days of the establishment of the funding priorities.
Section 2-47-40. To assist the State Budget and Control Board (the Board) and the Joint Bond Review Committee (the Committee) in carrying out their respective responsibilities, any agency or institution requesting or receiving funds from any source for use in the financing of any permanent improvement project, as a minimum, shall provide to the Board, in such form and at such times as the Board, after review by the Committee committee, may prescribe:
(a) a complete description of the proposed project;
(b) a statement of justification for the proposed project;
(c) a statement of the purposes and intended uses of the proposed project;
(d) the estimated total cost of the proposed project;
(e) an estimate of the additional future annual operating costs associated with the proposed project;
(f) a statement of the expected impact of the proposed project on the five-year operating plan of the agency or institution proposing the project;
(g) a proposed plan of financing the project, specifically identifying funds proposed from sources other than capital improvement bond authorizations; and
(h) the specification of the priority of each project among those proposed.
All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the Board through the Commission on Higher Education which shall forward all such statements and all supporting documentation received to the Board together with its comments and recommendations. The recommendations of the Commission on Higher Education, among other things, shall include all of the permanent improvement projects requested by the several institutions listed in the order of priority deemed appropriate by the Commission on Higher Education without regard to the sources of funds proposed for the financing of the projects requested.
The Board shall forward a copy of each project proposal and justification statement and supporting documentation received together with the Board's recommendations on such projects to the Committee committee for its review and action. The recommendations of the Commission on Higher Education shall be included in the materials forwarded to the Committee committee by the Board.
No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the Committee committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.
Section 2-47-50. The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.
Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the Board and reviewed by the Committee committee shall be referred to the Committee committee for review prior to approval by the Board.
Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the Board to be substantial shall be referred to the Committee committee for its review prior to any final action by the Board. In making their determinations regarding changes in project scope, the Board and the Committee committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the Board and reviewed by the Committee committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the Committee committee for review. The Committee committee shall be advised promptly of all actions taken by the Board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the Board.
Section 2-47-55. All state agencies responsible for providing and maintaining physical facilities are required to submit an Annual Permanent Improvement Program (APIP) to the Joint Bond Review Committee and the Budget and Control Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year. The purpose of the APIP process is to provide the board and the committee with a comprehensive view of each agency's permanent improvement activities. Agencies must submit an APIP to the committee and the board on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP and provide its recommendations to the board and the committee. The board and the committee may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.
The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.
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 2-47-60. The Joint Bond Review Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."
SECTION 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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 24. 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 25. 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;
(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 26. 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 27. 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."
SECTION 28. 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 29. 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 Bureau 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 30. 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 31. 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 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 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 Boards 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, the lessee or licensee may not take possession if there be 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 Division of Natural Resources, Department of Environment and 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.
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 1-1-970 of the 1976 Code is amended to read:
"Section 1-1-970. All agencies, departments and institutions of state government shall furnish to the State Personnel Division of Human Resources of the South Carolina Department of Administration, not later than fifteen days following the close of the second quarter of each even-numbered year, a current personnel organization chart in a form prescribed by the division showing all authorized positions, the personnel grade and compensation of each and indications as to whether such positions are filled or vacant.
All agencies, departments and institutions of state government shall furnish to the State Personnel Division of Human Services of the Department of Administration not later than fifteen days following the close of each quarter except the second quarter of each even-numbered year, any and all changes or alterations to the personnel organization chart in a form prescribed by the division.
The State Personnel Division of Human Resources of the Department of Administration shall ensure that all reports submitted to the division by agencies, departments and institutions of state government are accurate and up-to-date and, based on that information, shall furnish to the Legislative Audit Council organizational charts and alterations to existing charts for each such agency, department and institution in such form as the division and Audit Council shall determine.
The charts prepared by the division shall be furnished to the Audit Council not later than thirty days following the end of each quarter."
SECTION 2. Section 1-1-1410 of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:
"Section 1-1-1410. Every state agency, based upon guidelines developed by the Office Division of Human Resources. State Budget and Control Board South Carolina Department of Administration, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."
SECTION 3. Section 8-11-40 of the 1976 Code, as last amended by Act 100 of 1999, and Section 8-11-41 of the 1976 Code are amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board South Carolina Department of Administration. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board Department of Administration, through the Division of Personnel Human Resources, may promulgate those regulations subject to review by the General Assembly in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.
Employees earning sick leave as provided in this section may use not more than eight days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild.
Section 8-11-41. The provisions of Section 8-11-40 shall apply to all state agencies, departments and institutions and shall be administered by each such agency, department and institution pursuant to rules and regulations adopted by the State Budget and Control Board South Carolina Department of Administration. The sick leave records of all agencies, departments and institutions coming under the provisions of this section and Section 8-11-40 shall be subject to audit by the Budget and Control Board."
SECTION 4. Section 8-11-50 of the 1976 Code is amended to read:
"Section 8-11-50. A State employee, except employees of agencies following academic schedules, who is required to work on a legal holiday shall be given compensatory time at the convenience of the agency in which employed within ninety days of such holiday. Employees following academic schedules who are required to work on a legal holiday shall be given compensatory time at the convenience of the agency in which employed within one year from the date of the holiday. Permanent employees who do not work a normal Monday through Friday workweek shall receive no more nor any fewer number of holidays than those employees who work the normal Monday through Friday workweek. All State employees whose positions are nonexempt as defined by the Fair Labor Standards Act and who are not allowed to take compensatory leave, earned for working on a legal holiday, within the ninety-day period or the one-year period in the case of employees who follow academic schedules, shall be compensated for the holiday by the employing agency, at the straight hourly pay rate of the employee, no later than the second regular pay period following the last day of the time period prescribed in which compensatory time must be given. Provided, however, ; except that the ninety day period referred to above may be extended for an additional ninety days upon a satisfactory showing to the Budget and Control Board South Carolina Department of Administration that because of limited staffing compliance with the original ninety day limit is not feasible and upon approval of such extension by the Board department."
SECTION 5. Section 8-11-98 of the 1976 Code is amended to read:
"Section 8-11-98. The Comptroller General Director of the Department of Administration or any official of a political subdivision of the State which is authorized to disburse funds in payment of salaries or wages of public officers or employees shall, upon written authorization, deduct from the salary or wages of such officer or employee the amounts authorized for payment to any lawfully chartered credit union. The monies deducted shall be paid promptly to the designated organization.
Subject to any regulations prescribed by the Budget and Control Board, the The Comptroller General Department of Administration may prescribe any procedures necessary to carry out the provisions of this section."
SECTION 6. Section 8-11-120 of the 1976 Code, as last amended by Act 484 of 1990, is further amended to read:
"Section 8-11-120. (A) All state offices, agencies, departments, and other divisions and branches of the state government shall notify, at least five working days prior to the close of the application period, the Columbia Metro Job Service Office of the South Carolina Bureau of the Employment Security Commission and the Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration of a vacancy in any employment position for which recruitment will be undertaken, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270. Notification of such vacant position must include the following:
(a) the title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;
(b) the entry salary and/or salary range for the vacant position;
(c) the name of the agency where the vacant position exists;
(d) a description of the application process for the vacant position;
(e) residency requirements, if any, for the vacant position;
(f) the classification code, the slot, and the position number, if any, of the vacant position;
(g) the minimum requirements for the vacant position, as well as preferred qualifications, if any;
(h) the opening and closing dates for applying for the vacant position;
(i) a statement certifying that the employer is an equal employment opportunity/affirmative action employer;
(j) the Merit System status of the vacancy; and
(k) the normal work schedule and whether the position is full-time or part-time.
The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (k).
If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five working days, and the notice of vacancy does not have to be sent to the Bureau of Employment Security Commission or to the Recruitment Section, Division of Human Resources Management of the Budget and Control Board Department of Administration.
If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency director or the director's designee waiving the posting requirement at the agency and state level.
(B) If a position classification continually is vacant an agency has an open recruitment policy for a position classification, one announcement at the beginning of each fiscal year is sufficient notification to the Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration and the Columbia Metro Job Service Office of the South Carolina Bureau of Employment Security Commission.
(C) The Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration must report all filled positions to the South Carolina Bureau of Employment Security Commission."
SECTION 7. Section 8-11-145 of the 1976 Code is amended to read:
"Section 8-11-145. If there is an accidental injury arising out of and in the course of employment with the State, which is covered under Workers' Compensation, an employee who is not eligible for or who has exhausted his paid administrative leave shall make an election to use either accrued leave time (sick or annual, or both) or Workers' Compensation benefits awarded in accordance with Title 42. Before the election is made, the effect of each available option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the options to him. The election of the employee is irrevocable as to each individual incident.
When an employee is placed on paid administrative leave or has elected to use all or any portion of accrued leave time and the leave time is exhausted before the employee can return to work, the employee is entitled to Workers' Compensation benefits effective at the time the specified amount of leave is exhausted.
An employee who is placed on paid administrative leave or who has elected to use accrued leave time, under the provisions of this section, is eligible for the payment of medical costs provided by Workers' Compensation benefits.
An employee also may elect to receive Workers' Compensation on a prorated basis in conjunction with sick or annual leave, or both, in accordance with a proration formula established by the State Budget and Control Board South Carolina Department of Administration. Before this election is made, the effect of this option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the option to him."
SECTION 8. Section 8-11-165 of the 1976 Code as last amended by Act 145 of 1995, is further amended to read:
"Section 8-11-165. It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads must be conducted by the Office Division of Human Resources of the Budget and Control Board South Carolina Department of Administration every three years. The staff of the office division shall serve as the support staff to the Agency Head Salary Commission, upon the request of the commission.
No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board.
No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.
The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the Board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.
All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."
SECTION 9. Section 8-11-185 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 8-11-185. (A) Of the funds appropriated to the Office Division of Human Resources of the State Budget and Control Board Department of Administration under "Recruitment - Other Operating Expenses" in the annual general appropriations act of the State, the office may use up to five thousand dollars to create and operate a reduction in force applicant pool.
(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office Division of Human Resources for inclusion of information on all employees affected by this reduction in the office's reduction in force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status for those wishing to be considered for other positions.
(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office Division of Human Resources' reduction in force applicant pool provided to the office pursuant to subsection (A). An agency shall provide priority consideration to employees terminated due to a reduction in force for any vacancy or new position in the same classification, classification series, or position category held at the time of layoff. An agency is prohibited from filling the position if the agency does not first seek to fill the position from among these qualified employees provided by the Office Division of Human Resources."
SECTION 10. Section 8-11-195 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 8-11-195. (A) During a fiscal year when the Board of Economic Advisors officially estimates and the State Budget and Control Board formally certifies that revenues likely will result in a deficit in excess of the combined reserves in the Capital Reserve Fund and the General Fund Reserve, the board Department of Administration may authorize the furlough of employees of state agencies, institutions, or departments. However, a furlough only may be authorized by unanimous consent of the board and only as a last resort alternative to a reduction in force of state employees. Furloughs may be authorized for the time considered necessary by the board but may not exceed ten days in a fiscal year nor more than two days in a pay period. No furlough may be authorized before January fifteenth of the fiscal year in which the deficit is projected to occur.
(B) If the Budget and Control Board Department of Administration authorizes a furlough, to the extent practical it must be statewide in nature and inclusive of all employees regardless of source of funds, place of work, or tenure. The furlough must include employees in classified positions and unclassified positions as well as agency heads.
(C) Employees placed on furlough are on leave without pay status, without a break in service, with full continuation of all insurance benefits, and with continuing accumulation of sick and annual leave benefits."
SECTION 11. Section 8-11-210 of the 1976 Code is amended to read:
"Section 8-11-210. It is the purpose of this article to establish a State Personnel Division of Human Services under the State Budget and Control Board South Carolina Department of Administration to administer a comprehensive system of personnel administration responsive to the needs of the employees and agencies and essential to the efficient operation of State Government. It shall be applicable to all State agencies, departments, institutions, boards, commissions and authorities, except as may hereinafter be exempted."
SECTION 12. Sections 8-11-230, 8-11-240, and 8-11-250 of the 1976 Code are amended to read:
"Section 8-11-230. There is hereby created as a part of the State Budget and Control Board South Carolina Department of Administration, the State Personnel Division of Human Resources (hereinafter referred to as the Division), which shall be responsive to agency needs for all personnel functions and which shall implement the provisions of this article subject to the policies and direction of the Board department.
The administrative head of the Division division shall be the State Personnel Director who shall be appointed by the Board department. The State Personnel Director may employ such staff as deemed necessary to efficiently carry out the provisions of this article within authorized funding.
The Budget and Control Board South Carolina Department of Administration is authorized and directed to:
1. (1) Establish procedures for the regulation of compensation of all State employees where not otherwise regulated directly by the General Assembly. Such procedures and regulations shall distinguish between two categories of positions, classified and unclassified. A uniform Classification and Compensation Plan shall be provided for such regulation of all positions in the classified service. Such additional procedures shall be provided as in its judgment adequately and equitably regulate unclassified positions. These procedures and regulations are subject to the review of the General Assembly pursuant to the Administrative Procedures Act.
2. (2) Develop and revise as necessary in coordination with agencies served specifications for each position in the classified service concerning the minimum educational training, experience and other qualifications considered necessary to assure adequate performance of the duties and responsibilities. The Board department and agency heads will require adherence to these specifications. The Board department may waive training and experience requirements where circumstances warrant upon request and adequate justification by the agency head.
3. (3) After coordinating with agencies served, develop fair employment policies to assure that appointments to position in the State classified service are made on the basis of merit and fitness without regard to race, sex, age, religion, political affiliation or national origin.
4. (4) Operate a recruitment and applicant referral program as an optional service available to all agencies.
5. (5) Validate selection procedures for the classified service in accordance with sound personnel practices and the requirements of federal law or regulation.
6. (6) After coordination with agencies served, develop policies and programs concerning leave with or without pay, hours of work, fringe benefits (except State retirement benefits), employee/management relations, performance appraisals, grievance procedures, employee awards, dual employment, disciplinary action, separations, reductions in force, and other conditions of employment as may be needed. These procedures and regulations are subject to the review of the General Assembly pursuant to the Administrative Procedures Act.
7. (7) Provide assistance and coordinate with the agencies served training and career development programs for State employees.
8. (8) Enter into agreement with any political subdivision of the State to furnish services and facilities in the administration of its personnel program. Any such agreement shall provide for the reimbursement to the State of the reasonable cost of the services and facilities furnished. All political subdivisions of the State are hereby authorized to enter into such agreements.
9. (9) Establish and maintain a central personnel data system on all State employees covered by this article, both classified and unclassified, and in coordination with agencies served, determine that data to be recorded on employees and positions and the procedures and forms to be used by all agencies in reporting data.
10. (10) Develop a position management data system to assure conformity with Board department policies and State law.
11. (11) Delegate to the heads of the State agencies served such of the above responsibilities as may be appropriate in such form as the Board department may determine. Any specific delegation of authority must be submitted to the Budge and Control Board for review and approval.
Section 8-11-240. The Board South Carolina Department of Administration shall exercise final approval on policies and programs incident to the administration of the provisions of this article and shall hear appeals of appointing authorities relating to the administration of the provisions of Section 8-11-230 that are not otherwise provided for by other statutes.
Section 8-11-250. There is hereby created an Advisory Council whose function shall be to meet on a regular basis with the State Personnel Director of Human Resources Division to review and to comment on proposed policies, procedures and regulations and to make suggestions to the State Personnel Director director on these or other matters referred to the Advisory Council. The Advisory Council shall be appointed by the Budget and Control Board Department of Administration and shall consist of five persons skilled or trained in personnel management or employee relations who may or may not be public employees. Provided, further, that one of the five members herein shall be the Executive Secretary of the South Carolina State Employees' Association. To guarantee continuity, appointments shall be made for staggered terms. To accomplish this purpose initial appointments shall be as follows: one member shall be appointed for two years, two members shall be appointed for three years, and two members shall be appointed for four years. All subsequent appointments shall be for four-year terms. Appointment of a chairman shall be by the Governor for a term coterminous with the Governor's term. Members of the Advisory Council shall receive no salary but shall receive compensation provided by law for members of boards, committees and commissions."
SECTION 13. Section 8-11-650 of the 1976 Code is amended to read:
"Section 8-11-650. Leave, as authorized by this article, shall be based upon a five-day workweek except where services are maintained seven days a week; provided, however, that no agency shall schedule a workweek of less than thirty-seven and one-half hours. The State Budget and Control Board South Carolina Department of Administration, through the State Personnel Division of Human Resources, may establish, by appropriate regulations, procedures for the equitable calculation of leave for those employees who work a different number of days, including permanent part-time employees."
SECTION 14. Sections 8-11-670 and 8-11-680 of the 1976 Code are amended to read:
"Section 8-11-670. Notwithstanding any other provisions of law, including the provisions of this article, the department or agency head may allow an employee, under emergency or extreme hardship conditions, who has used all accumulated sick leave and thirty days of annual leave to use under such emergency or hardship conditions any remaining annual leave which he has accumulated, subject to review by the Budget and Control Board South Carolina Department of Administration upon appeal by the employee.
Section 8-11-680. The provisions of this article shall apply to all State agencies, departments and institutions and shall be administered by each such agency, department and institution pursuant to regulations adopted by the State Budget and Control Board South Carolina Department of Administration. The article, however, shall not apply to teaching personnel and officials of academic rank at State-supported institutions of higher learning. The personnel records of all agencies, departments and institutions coming under the provisions of this article shall be subject to audit by the State Personnel Division of Human Resources of the Department of Administration."
SECTION 15. Article 9, Chapter 11 of Title 8 of the 1976 Code is amended to read:
Section 8-11-700. As used in this article:
(1) "Employing agency" means the agency in which the leave recipient is employed.
(2) "Leave donor" means an employee of an employing agency whose voluntary written request for transfer of annual or sick leave to the pool leave account of his employing agency is granted.
(3) "Leave recipient" means an employee of an employing agency who has a personal emergency and is selected to receive annual or sick leave from the pool leave account of his employing agency.
(4) "Personal emergency" means a catastrophic and debilitating medical situations, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.
(5) "Division" means the Human Resources Management Division of the State Budget and Control Board South Carolina Department of Administration.
Section 8-11-710. (A) Employees of a state agency may request leave from the pool leave account established in this article of his agency for a personal emergency in the manner and under the conditions authorized by this article.
(B) This leave request must be submitted to the employing agency and must be accompanied by the following information concerning the employee:
(1) the name, employing agency, position title, and classification of the employee; and
(2) a brief description of the nature, severity, and anticipated duration of the medical, family, or other hardship situation affecting the employee.
Section 8-11-720. In conformity with guidelines established by the State Budget and Control Board South Carolina Department of Administration, the director of the employing agency may select leave recipients within the agency for participation in the leave-transfer program from among the potential leave recipients of the agency requesting leave under Section 8-11-710. The selections of the director of the employing agency are final, and there is no administrative or judicial appeal of the selections. Unless the personal emergency involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use transferred leave.
Section 8-11-730. (A) An employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual or sick leave or both be transferred from his annual or sick leave account to a pool account the agency establishes to distribute leave to leave recipients employed by the agency pursuant to this article, except that an employee with less than fifteen days in his sick leave account may not transfer any sick leave to the pool account, and an employee with more than fifteen days in his sick leave account may transfer sick leave to the pool account if he retains a minimum of fifteen days in his own sick leave account. An employee may donate no more than one-half of the annual or sick leave he earns within a calendar year to the appropriate pool leave account for that calendar year. Once leave of an employee has been transferred to the pool account, it may not be restored or returned to the leave donor.
(B) Under guidelines established by the State Budget and Control Board South Carolina Department of Administration, the employing agency may transfer all or any portion of the annual leave in the pool account to the annual leave account of the leave recipient, and all or any portion of the sick leave in the pool account to the sick leave account of the leave recipient.
(C) Annual or sick leave transferred under this section may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced annual or sick leave granted.
Section 8-11-740. (A) Upon approval by the director of the employing agency, a leave recipient may use annual or sick leave from the pool account established under Section 8-11-730 in the same manner and for the same purposes as if he had accrued the leave in the manner provided by law. Leave that accrues to the account of the leave recipient must be used before any transferred leave from the pool account.
(B) Transferred annual or sick leave from the pool account remaining to the credit of a leave recipient when the leave recipient's employment terminates must not be transferred to another employee, included in a lump-sum payment for accrued leave, or included in the recipient's total service for retirement computation purposes.
Section 8-11-750. (A) The personal emergency affecting a leave recipient terminates when the employing agency determines that the personal emergency no longer exists or the leave recipient's employment by the employing agency terminates.
(B) The employing agency shall monitor continuously the status of the personal emergency affecting the leave recipient and establish procedures to ensure that the leave recipient is not permitted to receive or use transferred annual or sick leave from the pool account after the personal emergency ceases to exist.
(C) When the personal emergency affecting a leave recipient terminates, the employing agency may not grant any further requests for transfer of annual or sick leave from the pool account to the leave accounts of the leave recipient.
Section 8-11-760. Under guidelines established by the State Budget and Control Board South Carolina Department of Administration, any transferred annual or sick leave remaining to the credit of a leave recipient when the personal emergency affecting the leave recipient terminates must be restored to the pool account.
Section 8-11-770. The division shall require employing agencies to maintain records and report pertinent information to the division concerning the administration of the leave-transfer program for the purpose of evaluating the desirability, feasibility, and cost of the transfer program."
SECTION 16. Section 8-12-60 of the 1976 Code is amended to read:
"Section 8-12-60. The State Budget and Control Board South Carolina Department of Administration, through its state personnel division Human Resources Division, shall promulgate regulations subject to review by the General Assembly and administer the provisions of this chapter and shall assist any agency or department of this State or any political subdivision thereof in participating in employee interchange programs authorized by this chapter."
SECTION 17. Section 8-17-320(3), (5), and (23) of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:
"(3) 'Board' means the State Budget and Control Board. (Reserved)
(5) 'Class' means a group of positions sufficiently similar in the duties performed, degree of supervision exercised or received, minimum requirements of education, experience or skill, and the other characteristics that the same state class title and the same state salary range are applied to each position in the group by the Office Division of Human Resources of the South Carolina Department of Administration.
(23) 'State Human Resources Director' means the head of the Office Division of Human Resources of the State Budget and Control Board South Carolina Department of Administration, or his designee."
SECTION 18. The first sentence of Section 8-17-330 of the 1976 Code is amended to read:
"Each agency shall establish an agency employee grievance procedure that must be reduced to writing and submitted for approval to the Office Division of Human Resources of the South Carolina Department of Administration."
SECTION 19. Section 8-17-340 of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:
"Section 8-17-340. (A) There is created the State Employee Grievance Committee constituted and appointed to serve as an administrative hearing body for state employee appeals. The State Human Resources Director shall forward to the committee for a hearing all appeals which meet jurisdictional requirements and relate to the following adverse employment actions: terminations, salary decreases based on performance, demotions, suspensions for more than ten days, and reductions in force when the State Human Resources Director determines there is a material issue of fact regarding inconsistent or improper application of the agency's reduction in force plan or policy. The committee shall consist of at least eighteen and not more than twenty-four members who must be appointed by the State Budget and Control Board South Carolina Department of Administration, subject to the review and approval by the Budget and Control Board, to serve for terms of three years and until their successors are appointed and qualify. All members of the committee must be selected on a broadly representative basis from among the personnel of the various state agencies as recommended by the agency head.
The committee annually shall elect a chairman from among its members to serve for a one-year term. In addition, the State Human Resources Director may divide the committee into panels of five members to sit at hearings and designate a member to serve as the presiding officer and a member to serve as secretary at all panel hearings. A quorum of a panel consists of at least three members.
Vacancies occurring for a reason other than expiration of a term must be filled by the State Budget and Control Board Department of Administration in the same manner as the original appointments, subject to the review an approval by the Budget and Control Board. Members may be reappointed for succeeding terms at the discretion of the State Budget and Control Board department. The committee and the State Human Resources Director may recommend to the State Budget and Control Board department that it promulgate regulations as necessary to carry out the provisions of this article and the board department is authorized to promulgate these and other necessary regulations.
Committee members shall receive their normal pay for the time they are required to be away from their regular assignments. They may be reimbursed as provided by law from funds appropriated to the State Budget and Control Board South Carolina Department of Administration for expenses, such as meals, lodging, and mileage, when using their personal automobiles, incurred in connection with the performance of necessary committee business.
(B) Whenever an appeal before the committee is initiated by or involves an employee of an agency of which a committee member also is an employee or involves another impermissible conflict of interest, the member is disqualified from participating in the hearing.
(C) The committee chairman or a designee shall conduct the grievance hearing in an equitable, orderly, and expeditious fashion. The committee chairman or a designee is authorized to administer oaths; to issue subpoenas for files, records, and papers; to call additional witnesses; and to subpoena witnesses. The State Budget and Control Board South Carolina Department of Administration is authorized to request assignment by the Attorney General of one or more of his staff attorneys admitted to practice law in South Carolina to serve in the capacity of committee attorney. If the Attorney General is not able to provide sufficient legal staff for this purpose due to an impermissible conflict of interest, the State Budget and Control Board department, with the approval of the Attorney General, is authorized to secure other qualified attorneys to serve as committee counsel. The committee attorney shall determine the order and relevance of the testimony and the appearance of witnesses, and shall rule on all motions, and all legal issues. The parties are bound by the decisions of the committee chairman or a designee or the committee attorney insofar as these hearings are concerned.
(D) At these hearings the employee and the agency are allowed representatives, including counsel. During the course of the hearing the parties and witnesses also shall respond to questions asked by the committee attorney or the committee members. The committee attorney or the attorney for the Office Division of Human Resources may assist the committee in the preparation of its findings of fact, statements of policy, and conclusions of law. The committee attorney may be present during the committee's deliberations on its decision only upon the request of the presiding officer. Within twenty calendar days of the conclusion of the hearing, the committee shall render its decision on the appeal. The decision shall include the committee's findings of fact, statements of policy, and conclusions of law.
(E) The committee may sustain, reject, or modify a grievance hearing decision of an agency as follows:
(1) In cases involving actual or threatened abuse, neglect, or exploitation, to include those terms as they may be defined in Section 43-35-10 or 20-7-490, of a patient, client, or inmate by an employee, the agency's decision must be given greater deference and may not be altered or overruled by the committee, unless the covered employee establishes that:
(a) The agency's finding that the covered employee abused, neglected, or exploited or threatened to abuse, neglect, or exploit a patient, client, or inmate is clearly erroneous in view of reliable, probative, and substantial evidence;
(b) The agency's disciplinary action was not within its established personnel policies, procedures, and regulations; or
(c) The agency's action was arbitrary and capricious.
(2) In all other cases, the committee may not alter or overrule an agency's decision, unless the covered employee establishes that the agency's decision is one or more of the following and prejudices substantial rights of the covered employee:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(F) The decision of the committee members must be transmitted in writing to the employee and the employing agency and is final in terms of administrative review. As a result of this decision, either the covered employee or the agency may request a rehearing or reconsideration within thirty calendar days from receipt of the decision. Petition for judicial review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located. Only after an agency submits a written request to the Office Division of Human Resources seeking approval of the board Budget and Control Board may the agency initiate a petition for judicial review to the court of common pleas of the county in which the covered employee's place of employment is located. However, the agency may perfect the petition for judicial review only upon approval of the board Budget and Control Board. The covered employee or the agency who initiates a petition for judicial review is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the audio tapes of a hearing required for certification of the record to the court of common pleas. Neither the board Budget and Control Board nor the Office Division of Human Resources nor the State Human Resources Director nor the committee may be named in this petition for judicial review. However, any of these entities are entitled to make a motion in the court of common pleas to be allowed to intervene to participate in the petition for judicial review for appropriate reasons including their interest in defending their policies."
SECTION 20. The last undesignated paragraph of Section 8-17-345 of the 1976 Code, as added by Act 284 of 1996, is amended to read:
"If an agreement by the two parties is not reached, the mediator-arbitrator shall transmit to both parties a final written decision based on the information presented during the process concerning the appeal within forty-five calendar days after the mediator-arbitrator conducts a conference with either or both parties. This forty-five-day period may be extended by the State Human Resources Director under extenuating circumstances. The mediator-arbitrator shall request assistance from the attorney for the Office Division of Human Resources in the preparation of the final written decision. As a result of this decision, either the covered employee or the agency may request a reconsideration within thirty calendar days from receipt of the decision. The mediator-arbitrator shall request assistance from the attorney for the Office Division of Human Resources in the preparation of the written response to the request for reconsideration. Petition for judicial review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located. Only after an agency submits a written request to the Office Division of Human Resources seeking approval of the board Budget and Control Board may the agency initiate a petition for judicial review to the court of common pleas of the county in which the covered employee's place of employment is located. However, the agency may perfect the petition for judicial review only upon approval of the board Budget and Control Board. The record for judicial review shall be limited to the documents which have been submitted by each party and the final written decision of the mediator-arbitrator. Neither the board Budget and Control Board, the department nor the Office Division of Human Resources nor the State Human Resources Director nor the mediator-arbitrator may be named in this petition for judicial review. However, any of these entities are entitled to make a motion in the court of common pleas to be allowed to intervene to participate in the petition for judicial review for appropriate reasons including their interest in defending their policies."
SECTION 21. Section 8-17-350 of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:
"Section 8-17-350. When an appeal is filed, the State Human Resources Director shall assemble all records, reports, and documentation of the earlier proceedings on the grievance and review the case to ascertain that there has been full compliance with established grievance policies, procedures, and regulations within the agency involved and shall determine whether or not the action is grievable to the committee or a mediator-arbitrator. The attorney for the Office Division of Human Resources or a committee attorney shall provide the State Human Resources Director legal advice requested to assist the State Human Resources Director in complying with the provisions of this article. If the State Human Resources Director determines that the action is grievable, he shall forward the appeal and documents either (1) to the mediator-arbitrator for mediation-arbitration or (2) after the mediation process has been completed, to the designated committee panel and to the committee attorney for a hearing, whichever is appropriate based on the type of adverse employment action. The State Human Resources Director shall notify committee members, the committee attorney, and the parties concerned of the date, time, and place of hearings. The documents transmitted by the State Human Resources Director to the designated committee panel and committee attorney must be marked into evidence as "Committee Exhibit I" during the committee chairman's opening statement at the beginning of the hearing unless excluded by the committee attorney based on a prior objection raised by either party.
The State Human Resources Director is responsible for recording the hearings, and shall provide to the committee from the resources of the Office Division of Human Resources, the administrative and clerical services required."
SECTION 22. Section 8-17-380 of the 1976 Code is amended to read:
"Section 8-17-380. With respect to the teaching and research faculty, professional librarians, academic administrators, and all other persons holding faculty appointments at any post-secondary educational institutions described in item (10) of Section 8-17-370, each such institution, subject to the approval of the State Budget and Control Board South Carolina Department of Administration or its designee and the Commission on Higher Education, shall establish in writing:
(a) A performance appraisal procedure which shall assure:
(1) annual review and evaluation of such employees;
(2) written findings;
(3) review of evaluations with each covered employee;
(4) retention of performance appraisals and written comments of such employee, if any, in a permanent file with right of full disclosure to the employee.
(b) A grievance procedure which shall at an appropriate stage provide a hearing for such employees before an individual or committee designated for such purposes, at which the employee shall have the right to representation by counsel and the opportunity to present evidence in his behalf. Any such procedure shall include the right of the employee to appeal the post-hearing decision to the governing board of the institution, or a committee designated by the board for this purpose, such appeal to be limited to the record of the hearing. Discrimination in compensation, promotion, and work assignment shall be subjects for consideration by such grievance procedure. Dismissal of tenured or other permanent employees and dismissal prior to the end of an employment contract term shall be only for cause, and shall be subject for consideration by such grievance procedure. The granting or the failure to grant tenured status to such employees or nonrenewal of employment contracts at the end of the contract term shall not be subjects for consideration by such grievance procedure.
The grievance and performance appraisal procedure provided for herein shall be submitted to the State Budget and Control Board South Carolina Department of Administration or its designee and the Commission on Higher Education for approval within six months after the establishment of any new institution."
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, is 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 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 Bureau of Health and Environmental Control Programs in the Division of Health Services, Department of Health and Human Services, 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 Bureau of Health and Environmental Control Programs 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 Bureau of Environmental Control, the board department, 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 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 Division of 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 Division 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 Division 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 Division of the State Chief Information Officer of 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 Division."
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 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 Division 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 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 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 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 within the State Budget and Control Board the Division of the State Chief Information Officer . The division is headed by the State Chief Information Officer 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 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 Division 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 division.
Section 1-3-315. As used in this article,
(1) 'Council' means the South Carolina Information Technology Council as established in this article.
(2) 'Division' means the Division of the State Chief Information Officer.
(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 or its respective branches or its committees, the Judicial Department, Legislative Council, the Office of Legislative Printing and Information Technology Services, 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 division pursuant to a procurement 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.
(7) 'Other state entity' means the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, or any other state agency or department that is not a political subdivision or is not included in the definition of a governmental body.
(8) '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.
(9) '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 Council.
(B) The 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 Pro Tempore 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 council.
(D) Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the council while they hold that office.
(E) Members serve without compensation, but citizen members of the 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 council.
(F) The powers and duties of the council include the following:
(1) review and approve the coordinated statewide strategic plan for information technology prepared by the division;
(2) review and approve statewide strategic information technology directions, standards, and enterprise architecture prepared by the division;
(3) approve the criteria developed by the division for the review and approval of information technology plans and information technology projects of governmental bodies;
(4) review and approve the procedures developed by the division for the allocation and distribution of funds from the Information Technology Innovation Fund;
(5) upon recommendation of the division, the council may grant the division and governmental bodies exemptions from the requirements in this article;
(6) upon recommendation of the division, the council may terminate any information technology project of a governmental body or governmental bodies; and
(7) upon request of a governmental body, the council may review decisions of the division 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 division'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 may not receive per diem.
Section 1-3-330. The powers and duties of the division include the following:
(1) develop for approval of the council a coordinated statewide strategic plan for information technology;
(2) develop for approval of the council 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 division 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) evaluate the information technology of governmental bodies and combine information technology and related resources when the division determines that it is advisable from the standpoint of efficiency and cost effectiveness;
(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 division 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 division;
(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 division 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 division 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 division 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 the approval of the council an approval process for the information technology 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 reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;
(3) establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;
(4) develop for the approval of the council an approval process for 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. All information technology projects proposed by governmental bodies that exceed an amount established by the council, initially set at four hundred thousand dollars but subject to adjustment by the council, are subject to division approval. Governmental bodies may not artificially divide these projects so as to avoid divisional approval;
(5) monitor information technology projects approved by the division. The division 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 division and the sponsoring governmental body. The council may terminate projects upon recommendation of the division;
(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 division 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 division may supply telecommunications goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.
(C) A governmental body may not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the division.
Section 1-3-345. (A) The division 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 division may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;
(3) recommend to the council 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 division's procurement of information technology under terms and conditions established by the division; 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 division may supply information technology goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.
Section 1-3-350. The division 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 division 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 division in the collection of data required for this plan;
(2) the division shall 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 division 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) 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 division that are not reimbursable through a fee-for-service methodology. The division 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 may 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 division, with the approval of the council, is responsible for developing appropriate procedures for the allocation and distribution of these funds.
Section 1-3-360. (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 violation of 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 division 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):
(1) for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment of this section, and
(2) 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. 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 that 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 46-3-30 of the 1976 Code is amended to read:
"Section 46-3-30. The chief officer of the Department of Agriculture shall be is denominated the Commissioner of Agriculture. The Commissioner shall must have a competent knowledge of agriculture, manufacturing and general industries, commerce, chemistry, and publicity."
SECTION 2. Section 46-3-40 of the 1976 Code is amended to read:
"Section 46-3-40. The Commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government is appointed by the Governor with the advice and consent of the Senate, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only."
SECTION 3. Section 46-3-60 of the 1976 Code is amended to read:
"Section 46-3-60. The Commissioner may appoint a competent clerk, whose qualifications shall be in the main the same as those required of the Commissioner employ professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly."
SECTION 1. Chapter 1, Title 13 of the 1976 Code is amended by adding:
Section 13-1-2010. (A) There is established a Local Government Division within the Department of Commerce to act as a liaison for financial grants among local governments, the General Assembly, and the Governor's Office. The division is under the supervision of a director appointed by and who serves at the pleasure of the Secretary of Commerce. The director may employ the staff approved by the secretary. The division is responsible for certifying grants to local governments from both federal and state funds. The term 'local government' means any political entity below the state level.
(B) The division shall establish guidelines and procedures which local governments shall follow in applying for grants certified by the division. The director shall make known to local governments the availability of all grants available through the division and shall make periodic reports to the General Assembly and the Governor's Office. The reports must contain information concerning the amount of funds available from both federal and state sources, requests for grants and the status of those requests and other information as the director considers appropriate. The director shall maintain the records as necessary for the efficient operation of the division.
Section 13-1-2020. (A) Grant funds received by a county, municipality, political subdivision, or other entity from the Division of Local Government must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursements may be made from this fund only on the written authorization of the individual who signed the grant application filed with the division, or his successor, and only for the purposes specified in the grant application. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(B) It is not a defense to an indictment alleging a violation of this section that grant funds received from the Division of Local Government were used by a grantee or subgrantee for governmental purposes other than those specified in the grant application or that the purpose for which the grant was made by the Division of Local Government was accomplished by funds other than grant funds.
(C) The Division of Local Government shall furnish a copy of this section to a grantee when the grant is awarded."
SECTION 2. Chapter 43, Title 41 of the 1976 Code, as last amended by Act 404 of 1992, is amended to read:
Section 41-43-10. This chapter may be cited as the South Carolina Jobs-Economic Development Fund Act.
Section 41-43-20. As used in this chapter unless the context otherwise requires:
(A) 'Act' means the South Carolina Jobs-Economic Development Fund Act.
(B) 'Authority' means the South Carolina Jobs-Economic Development Authority, which is a state-owned enterprise.
(C) 'Administrative funds' means all monies, received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds.
(D) 'Bonds' means any evidence of indebtedness of the authority in any form including, but not limited to, notes, warrants, bonds, or any similar obligation evidenced in written, printed, or electronic means.
(E) 'Program funds' means any monies, including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds.
(F) 'Banks' means financial organizations organized, chartered, or holding an authorization certificate and subject to supervision by an agency or official of South Carolina or of the United States and authorized to make loans and receive deposits. It includes but is not limited to savings and loan associations and savings banks.
Section 41-43-30. There is created as a division within the Department of Commerce the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of nine members.
Section 41-43-40. The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman of the State Development Board shall serve ex officio and may designate persons to represent them at meetings of the authority.
Directors serve for terms of three years; however, directors initially appointed from the first and sixth congressional districts and the State at large serve for three years; directors initially appointed from the second and fifth congressional districts serve for two years; and directors initially appointed from the third and fourth congressional districts serve for one year. Thereafter, all directors serve for a term of three years and until their successors are appointed and qualify. All vacancies must be filled for the unexpired term in the manner of the original appointment. Directors are not personally liable for losses unless the losses are occasioned by the wilful misconduct of the directors. Directors may be removed by the Governor for cause or at will. A certificate of the appointment or reappointment of any director must be filed in the offices of the Secretary of State and the authority. The certificate is conclusive evidence of the due and proper appointment of a director. The is under the supervision of a director appointed by and who answers to and who serves at the pleasure of the Secretary of Commerce.
Section 41-43-50. As soon as practicable after appointment, the board shall organize by choosing a vice-chairman, secretary, and such other officers as considered necessary.
The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this act, shall may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, must vest in the State.
The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds.
Section 41-43-60. [Reserved] Meetings of the board shall be held at times and in places as the board determines. The board must meet at least one time in each calendar quarter. Meetings of the board may be held by means of conference telephone or any means of communication by which all persons participating in the meeting can hear each other at the same time and participation by such means constitutes presence in person at the meetings. A majority of the board then in office constitutes a quorum at any meeting. Approval of a majority of the board then in office is required to take action.
Section 41-43-70. The authority shall promote and develop the business and economic welfare of this State, encourage and assist through loans, investments, research, technical and managerial advice, studies, data compilation and dissemination, and similar means, in the location of new business enterprises in this State and in rehabilitation and assistance of existing business enterprises and in the promotion of the export of goods, services, commodities, and capital equipment produced creation and retention of jobs and improvement of the standard of living of the citizens of the State, and act in conjunction with other persons and organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational development in this State. In the promotion, development, and advancement of these programs, the authority must give consideration to the development of and assistance to small businesses in this State as may be defined by regulation of the authority.
Section 41-43-80. The authority must implement the programs of this act as soon as practicable. The authority must exercise care in the performance of its duties and the selection of specific programs and business enterprises to receive its assistance. The authority may delegate its authority to implement the programs authorized to any governmental agency or financial institution. The authority must retain retains ultimate responsibility and provide provides proper oversight for the implementation.
Section 41-43-90. The authority has the rights and powers of a body politic and corporate and body corporate of this State, including without limitation all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers:
(A) Adopt bylaws, procedures, and regulations for the directors, officers, and employees and for the implementation and operation of the programs authorized by this act.
(B) Adopt and use a seal.
(C) Sue and be sued in its own name.
(D) Enter into such contracts, agreements, and instruments and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes. With respect to any contract or agreement where the liability of the authority is limited to program funds, the authority may require public notice or bidding.
(E) Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions.
(F) Accept appropriations, gifts, grants, loans, or other aid from persons, partnerships, firms, corporations, agencies, or entities, whether public or private.
(G) Apply for and hold patents and collect royalties under such terms and conditions as the authority considers appropriate.
(H) Incur debt, including, but not limited to, the issuance of bonds, for any authorized purpose of the authority under the terms and conditions specified in this act.
(I) [Reserved]
(J) Make commitments, guarantees, grants, or loans utilizing any of its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds.
(K) Create and establish funds, including reserve funds, and accounts as necessary in connection with the issuance of bonds or for any of its authorized purposes.
(L) Use program funds to purchase or provide for insurance as additional security for any bonds issued by the authority.
(M) Initiate counseling and management programs for business enterprises and provide business enterprises with technical assistance, advice, and information respecting development opportunities and programs and, in conjunction therewith, collect, maintain, and disseminate data and information.
(N) Employ and dismiss, at the will and pleasure of the authority, officers, agents, employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 41-43-240 are not considered state employees except for eligibility for participation in the South Carolina Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11 do not apply to the authority. The authority is responsible for complying with other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board Department of Administration to establish a comprehensive human resource management program.
(O) Fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by the authority, the rates to be at least sufficient to provide for payment of all expenses of the authority.
(P) Participate in and cooperate with any agency or instrumentality of the United States and with any agency or political subdivision of this State in the administration of any of the programs authorized by this act.
In exercising its powers, the authority shall operate in an economical and prudent manner and any powers granted by this act may be exercised by the adoption of a resolution at any regular or special meeting by the Secretary of Commerce. A copy of any resolution certified by the chairman, vice-chairman, or secretary director is conclusive evidence of the exercise of powers in accordance with this act.
Section 41-43-100. In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29 of Title 4, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds upon receipt of a certified resolution by the county or municipality in which the project, as defined in Chapter 29 of Title 4, is or will be located, containing the findings set forth in Section 4-29-60 and evidence of a public hearing held not less than fifteen days after publication of notice in a newspaper of general circulation in the county in which the project is or will be located. The authority may combine for the purposes of a single offering bonds to finance more than one project. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.
Section 41-43-110. (A) The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They These bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the State or the authority or a charge against the general credit of the authority or the State or taxing powers of the State and this fact must be plainly stated on the face of each bond. The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in coupon or registered form, may be payable in such installments and at such time, may be subject to terms of redemption, may be payable at such place, may bear interest at such rate payable at such place and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which are provided in the resolution of the authority authorizing the bonds. Subject to Budget and Control Board approval, any bonds issued under this section may be sold at public or private sale as may be determined to be most advantageous. The bonds may be sold at public or private sale and, if by private sale, the authority shall designate the syndicate manager or managers. The authority may pay all expenses, premiums, insurance premiums, and commissions which it considers necessary from proceeds of the bonds or program funds in connection with the sale of bonds. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.
(B) The resolution under which the bonds are authorized to be issued or any security agreement, including an indenture or trust indenture to be entered into in connection therewith, may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting, provisions respecting the fixing and collection of obligations, the creation and maintenance of special funds, and the rights and remedies available, in the event of default, to the bondholders or to the trustee under such security agreement as the authority considers advisable. In making such agreements the authority does not have the power to obligate itself except with respect to program funds and cannot incur a pecuniary liability or a charge upon the general credit of the authority or of the State or against the taxing powers of the State. The resolution of the authority authorizing any bonds and any security agreement securing bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or security agreement, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect any obligations and to apply any revenues pledged in accordance with such proceedings or the provisions of the security agreement. Any security agreement may provide also that, in the event of default in payment or the violation of any agreement contained in the security agreement, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the security agreement or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement may impose any pecuniary liability upon the State or the authority or any charge upon the general credit of the authority or of the State or against the taxing power of the State.
Subject to the approval of the State Treasurer, the trustee under any security agreement, or any depository specified by the security agreement, may be such person or corporation as the authority may designate designates, notwithstanding that he may be a nonresident of South Carolina or incorporated under the laws of the United States or any of the states. Monies in the funds and accounts held by the trustee shall must be invested or deposited by the trustee.
(C) Any bonds that are outstanding may at any time be refunded by the authority by the issuance of its refunding bonds in an amount as the authority considers necessary but not to exceed an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid. The refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded cannot be compelled to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under this section are payable in the same manner and under the same terms and conditions as are provided for the issuance of bonds.
(D) The proceeds from the sale of any bonds must be applied only for the purpose for which the bonds were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
Section 41-43-120. It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this act. Nothing contained in this section is construed as relieving any person from the duty of exercising reasonable care in selecting securities.
Section 41-43-130. The bonds and the income therefrom are exempt from all taxation in the State except for inheritance, estate, or transfer taxes. All security agreements and financing agreements made pursuant to this act are exempt from stamp and transfer taxes.
Section 41-43-140. The authority may create an insurance fund consisting solely of program funds which must be held as security for the holders of bonds issued under this act. Such funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State. The authority also may use program funds to purchase insurance to be pledged for the security of the holders of any bonds issued under this act.
In any case in which insurance is pledged as security, whether obtained through the insurance funds authorized to be created under this section or purchased with program funds, it must expressly state the limitation of the liability of the authority and further that neither the credit nor taxing power of the State or any political subdivision thereof is available to satisfy any obligations with respect thereto.
Section 41-43-150. (A) The programs established by this act are administered so as to ensure that each application for assistance is evaluated without regard to race, creed, sex, or national origin and that no person, firm, association, partnership, corporation, agency, or entity, or group thereof, receives disproportionate benefits from the programs.
(B) To qualify for assistance under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 the following conditions must be met:
(1) The recipient must be a person, firm, association, partnership, corporation, or other entity engaged in business.
(2) The assistance must be requested for use by a business enterprise located within the State.
(3) The recipient must be able to demonstrate to the authority that the assistance will result in creation or maintenance of employment within the State.
(4) The recipient and the project must meet any further requirements for eligibility as are set forth in this act with respect to the specific program under which assistance is requested.
(5) The recipient and the project must satisfy any applicable requirements set forth by the authority in its regulations.
(C) The authority may authorize assistance to an eligible recipient under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 only after it has made the following findings:
(1) The recipient is a responsible party.
(2) The number of jobs resulting from the assistance bears a reasonable relationship to the amount of program funds committed, taking into account factors such as the amount of dollars invested per employee at comparable facilities.
(3) The amount of program funds committed bears a reasonable relationship to the amount of private funds committed.
(4) The size and scope of the business being assisted is such that a definite benefit to the economy of the State may reasonably be expected to result from the project being financed.
(5) The terms of the agreements to be entered into in connection with the transaction are reasonable and proper, taking into account such factors as the type of program involved, the amount of program funds involved, and the number and type of jobs involved.
(6) The public interest is adequately protected by the terms of the agreements to be entered into in connection with the transaction.
In making its findings, the authority is entitled to may rely upon its own investigation or upon such information and evidence furnished to it by recipient businesses or by lending institutions participating in programs established pursuant to the provisions of this act as the authority considers appropriate. Compliance by a recipient or any lending institution participating in any of the authority's programs under the provisions of this act with the terms of any agreement may be enforced by decree of a circuit court of this State. The authority may require as a condition of any loan to, or purchase of loans from, any national banking association or federally chartered savings and loan association or any nonresident seller, consent to the jurisdiction of the circuit courts of this State over any enforcement proceeding.
Section 41-43-160. The authority may utilize any of its program funds to establish loan programs pursuant to this section for the purpose of reducing the cost of capital to business enterprises which meet the eligibility requirements of Section 41-43-150. Proceeds of loans under this section are utilized:
(i) to acquire, by construction or purchase, land and buildings or other improvements thereon, machinery, equipment, office furnishings or other depreciable assets, or for research and design costs, legal and accounting fees, or other expenses in connection with the acquisition or construction thereof; or
(ii) for the research, testing, and developing of new products, machinery, equipment, and industrial or commercial processes, and the initial marketing thereof. Loan proceeds also may be used to finance working capital. The authority shall require as a condition of each loan made pursuant to this section that the loan must be serviced by a loan administrator which meets criteria established by the authority.
The authority may make direct loans to any eligible business enterprises upon terms which require the proceeds of the loan to be used for qualified purposes and upon such other terms and conditions as the authority may require.
The authority may make loans to lending institutions upon terms and conditions which require each lending institution to disburse the loan proceeds for new loans to eligible businesses for qualified purposes in an aggregate principal amount of not less than the amount of the loan. The authority must require of each lender to which it has made a loan evidence satisfactory to it of the making of new loans which satisfy the requirements of this item and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of such lender to verify that the requirements are being met.
The authority must require that each lender receiving a loan pursuant to this section issue and deliver to the authority evidence of its indebtedness to the authority which constitutes a general obligation of the lender. The evidence of indebtedness must bear a date, time of maturity, be subject to prepayment, and contain any other provisions consistent with this section and related to protecting the security of the authority's investment and the bonds issued by the authority in connection with such loan.
The authority may purchase, and make advance commitments to purchase, from lending institutions loans to eligible business enterprises. The purchase price for each loan which the authority purchases pursuant to this paragraph is not to exceed the total of the unpaid principal balance of the loan purchased plus accrued interest. The authority must require each lender from which the authority purchases, or commits to purchase, a loan to submit evidence satisfactory to the authority that the loan satisfies the conditions of this section and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of a lender to verify that the conditions have been met.
The authority must require the recording of an assignment of each mortgage or secured loan purchased by it from a lender and need not notify the borrower of its purchase of the mortgage or secured loan. The authority is not required to inspect or take possession of the loan documents if the lender from which the loan document is purchased enters into a contract to service the loan and account for it to the authority.
The authority may:
(i) renegotiate a loan in default, waive a default, or consent to the modification of the terms of a loan;
(ii) forgive or forbear all or part of a loan;
(iii) prosecute and enforce a judgment in any action, including but not limited to a foreclosure action;
(iv) protect or enforce any right conferred upon it by law, or by any loan, contract, or other agreement. In connection with any action, the authority may bid for and purchase collateral or take possession of it, administer it, or pay the principal of and interest on any obligation incurred in connection with the collateral and dispose of and otherwise deal with the property securing the loan in default.
Section 41-43-170. The authority is authorized may create a guaranty fund, consisting solely of program funds, which may be used to guarantee or insure or purchase insurance for loans of financial institutions to business enterprises which meet the eligibility requirements of Section 41-43-150. Such These funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State.
Loans which qualify for a guaranty or insurance under this section must consist of:
(1) Loans to eligible business enterprises located in distressed areas as defined in Section 41-43-180 for any purpose for which a loan may be made pursuant to Section 41-43-160, including the provision of working capital;
(2) Loans used to finance export sales or production for export by eligible business enterprises as provided in Section 41-43-190.
Section 41-43-180. The authority must maintain a list of the most economically distressed areas of the State. Each area must be within or coexistent with the boundaries of one of the forty-six counties. The list must be determined in accordance with criteria set forth in the regulations of the authority. In formulating criteria, the authority must consider, but not be limited to, the following factors: rate of unemployment, per capita income, average wage rate, and chronic nature of economic problems.
Section 41-43-190. (A) Upon securing sufficient funds, the authority is directed to develop programs to encourage the export of goods, services, commodities, machinery, equipment, or other personal property to which value is added within the State. So as to assist the exporters in competing for international sales, the authority may use any of its program funds to provide low interest loans, including fixed rate loans, guarantees, insurance, including insurance against political and commercial risks, or other commitments for the benefit of eligible exporters. In furtherance of this direction, the authority may:
(1) issue:
(a) direct loans, to eligible exporters; and
(b) loans to lending institutions in accordance with the provisions of Sections 41-43-160 and 41-43-170.
(2) provide guarantees or insurance of up to ninety percent for:
(a) line of credit extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;
(b) political and commercial risk on loans extended by lending institutions to foreign buyers for the purchase of property or services supplied by eligible exporters from this State;
(c) loans extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;
(3) obtain guarantees and direct loans as the Export-Import Bank of the United States may make available for the purpose of facilitating programs authorized under this section;
(4) allocate funds to administer the programs authorized under this section; and
(5) develop and implement other programs as it determines are necessary to improve the export potential for business enterprises located in the State.
In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the State Development Board Division of State Development of the Department of Commerce, or any successor thereto, and allocate available resources in a manner as will ensure that priority consideration is given to the needs of small and medium size businesses.
(B) In addition to the findings and considerations required under Section 41-43-150, the following conditions must be met before an export transaction qualifies for assistance under this section:
(1) The goods, services, commodities, machinery, equipment, or other personal property must have value added to it in South Carolina.
(2) The exporter must be able to demonstrate to the satisfaction of the authority that the transaction complies with the applicable laws of this State, the United States, and the country of destination.
(3) The exporter and the foreign purchaser must not be related persons as determined pursuant to the provisions of Sections 267(b) and (c) and 707(b) of the Internal Revenue Code, as amended, nor members of the same controlled group of corporations, as defined in Section 1563(a) of the Internal Revenue Code, as amended, (except that 'more than 50 percent' may be substituted for 'at least 80 percent' each place it appears therein), nor may either the exporter or the foreign purchaser otherwise indirectly or constructively own or control the other.
(4) The foreign purchaser and the country in which it is located must otherwise be acceptable to the authority, taking into account factors such as the history of the trade relationship between the firms in this State and the purchaser or country of destination.
Section 41-43-200. The authority is authorized to may implement such programs as may be consistent with its purposes for the collection and dissemination of information and data useful to business enterprises in this State. The authority may collect and maintain information and undertake such studies and research programs as it considers necessary to facilitate the economic development and creation of jobs in this State. In connection with these programs, the authority must consult and coordinate its programs with those existing federal and state agencies and private economic development organizations.
Section 41-43-210. All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of authority. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.
Section 41-43-220. The authority must not incur any obligations, other than obligations related to administrative expenses, payable out of administrative funds. All other obligations are payable solely from program funds which limitation is clearly stated on the face of any bonds and in the text of any other obligation or contract. However, program funds may be used to pay administrative expenses.
Section 41-43-230. The authority may dispose of any property acquired by it on terms and conditions considered appropriate. The authority is not required to advertise property or take bids on the property.
Section 41-43-240. The authority is authorized to may establish profit or not-for-profit corporations as it considers necessary to carry out the purposes of this chapter. Officials or Employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a 'public procurement unit' for purposes of Article 19, Chapter 35 of Title 11.
The authority may make grants or loans to, or make guarantees for, the benefit of any not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of designated by the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to the State of South Carolina.
These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this act and on the terms and conditions imposed by the authority.
Any guarantee made by the authority shall does not create an obligation of the State or its political subdivisions or be a grant or loan of the credit of the State or any political subdivision. Any guarantee issued by the authority must be a special obligation of it. Neither the State nor any political subdivision is liable on any guarantee nor may they be payable out of any funds other than those of the authority and any guarantee issued by the authority shall contain on its face a statement to that effect.
Section 41-43-250. Any information submitted to or compiled by the authority in connection with the identity, background, finances, marketing plans, trade secrets, or any other commercially sensitive information of persons, firms, associations, partnerships, agencies, corporations, or other entities, is confidential, except to the extent that the person or entity consents to disclosure.
Section 41-43-260. The authority must be audited annually by the State Auditor or, upon his approval, may execute contracts with an independent certified public accounting firm. The authority must make an annual report to the State Budget and Control Board and General Assembly on its programs and operations. The report must include information regarding the size of the businesses that have received assistance based on the number of employees employed and the amount of gross revenues generated during the preceding year. The report also must include the names of businesses that have received assistance and a good faith estimate of the number of jobs retained or created as a result of the authority's assistance.
Section 41-43-270. The authority must implement its programs in accordance with regulations promulgated under the provisions of Act 176 of 1977 Article 1, Chapter 23, of Title 1.
Section 41-43-280. Neither this chapter nor anything contained in this chapter is construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this State, but is construed as cumulative.
Notwithstanding any provision of law or regulation to the contrary, the authority shall continue to be an 'agency' for purposes of Chapter 78 of Title 15, but the authority is not considered an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60.
Section 41-43-290. If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter."
SECTION 3.Section 13-1-1710 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"Section 13-1-1710. There is created the Coordinating Council for Economic Development. The membership consists of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Bureau of Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman Director of the South Carolina Jobs-Economic Development Authority, the Director of the South Carolina Department of Revenue, and the Chairman of the South Carolina Research Authority. The Secretary of Commerce serves as the chairman of the coordinating council."
SECTION 4. Section 48-5-30 of the 1976 Code, as added by Act 513 of 1992, is amended to read:
"Section 48-5-30. There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State Budget and Control Board comprise Subject to the supervision of the Secretary of Commerce, the Director of the Local Government Division of the Department of Commerce comprises the authority."
SECTION 5. Sections 1-11-25 and 1-11-26 of the 1976 Code are repealed.
SECTION 1. Chapter 1, Title 24 of the 1976 Code, as last amended by Act 12 of 2003, if further amended to read:
Section 24-1-10. Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections and Probation or an institution of the Department of Corrections and Probation; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections and Probation.
Section 24-1-20. It shall be the policy of this State in the operation and management of the Department of Corrections and Probation to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, the former Department of Probation, Parole and Pardon Services, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.
Section 24-1-30. There is hereby created as an administrative agency of the State government the Department of Corrections and Probation which is comprised of the Division of Corrections, the Division of Probation, Parole and Pardon Services, Prison Industries Subdivision, Jail and Prison Inspection Subdivision, and Youthful Offender Subdivision. The functions of the Department shall be to implement and carry out the policy of the State with respect to its prison system, as set forth in Section 24-1-20, and the policy and functions of the former Department of Probation, Parole and Pardon Services, and the performance of such other duties and matters as may be delegated to it pursuant to law.
Section 24-1-40. The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240.
Section 24-1-90. The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.
Section 24-1-100. The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution and the former Department of Probation, Parole and Pardon Services.
Section 24-1-110. The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system and the former Department of Probation, Parole and Pardon Services.
Section 24-1-120. The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.
Section 24-1-130. The director Division of Corrections shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director division shall manage and control the prison system.
Section 24-1-140. The director Division of Corrections shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.
Section 24-1-145. Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections and Probation to transfer or exchange offenders and take any other action necessary to participate in such treaty.
Section 24-1-150. Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.
Section 24-1-160. The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals.
Section 24-1-170. The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.
Section 24-1-210. The department shall prosecute all violations of the law in reference to the treatment of convicts.
Section 24-1-220. All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.
Section 24-1-230. The Department of Corrections and Probation may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.
Section 24-1-250. The State Department of Corrections and Probation is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections and Probation to maintain and expand the agricultural program subject to the approval of the Budget and Control Board.
Section 24-1-260. The Department of Corrections and Probation is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program.
Section 24-1-270. (A) As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections and Probation, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities.
(B) It is unlawful for a person to:
(1) trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or
(2) incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.
(C) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.
Section 24-1-280. An employee of the South Carolina Department of Corrections and Probation or the South Carolina Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.
SECTION 2. Chapter 3, Title 24 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:
Section 24-3-20. (A) A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date.
(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.
(C) Notwithstanding any other provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(D) Notwithstanding Section 24-13-125, the department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the department to reimburse the victim for the value of the property stolen or damages caused by the offense. If no victim is involved, the person convicted shall contribute to the administration of the program. The department is authorized to promulgate regulations necessary to administer the program.
(E) If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the department in the administration of the restitution program.
Section 24-3-27. (A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections and Probation;
(2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State.
Section 24-3-30. (A) Notwithstanding any other provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a regional, county, or municipal jail or work camp whether maintained by the Department of Corrections and Probation, or some other entity. However, the consent of the officials in charge of any regional, county, or municipal institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections and Probation must be notified by the governing body concerned not less than six months before the closing of a local detention facility which would result in the transfer of those state prisoners confined in the local facility to facilities of the department.
(B) The department shall consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment.
(C) Each county or municipal administrator, or the equivalent, having charge of any local detention facilities, upon the department's designating the local facilities as the place of confinement for a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the entity or for other public work. A prisoner assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies. At the expiration or termination of a contract with a nongovernmental agency, all prisoners must be returned to the department or to the legally responsible entity of local government. If a prisoner is not returned by a nongovernmental entity when directed, then habeas corpus lies.
Section 24-3-40. (A) Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections and Probation.
The Director of the Department of Corrections and Probation shall deduct the following amounts from the gross wages of the prisoner:
(1) If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.
(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410.
(3) Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections and Probation to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection (4).
(4) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.
(5) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.
(6) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection (4).
(B) The Department Division of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:
(1) A prisoner released without community supervision must be given his escrowed wages upon his release.
(2) A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.
(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department Division of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period.
Section 24-3-50. The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, shall be deemed an escape from the custody of the Department of Corrections and Probation and punishable as provided in Section 24-13-410.
Section 24-3-60. The clerks of the courts of general sessions and common pleas of the several counties in this State shall immediately after the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections and Probation of the number of convicts sentenced by the court to imprisonment in the penitentiary. The department, as soon as it receives such notice, shall send a suitable number of guards to convey such convicts to the penitentiary.
Section 24-3-70. No sum beyond the actual expenses incurred in conveying such convicts to the penitentiary shall be allowed for such services. Such sum shall be paid to the department by the State Treasurer upon the warrant of the Comptroller General.
Section 24-3-80. The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary.
Section 24-3-81. No prisoner within the state prison system shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department.
Section 24-3-85. The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44.
Section 24-3-90. The director shall receive and safely keep at hard labor, in the prison, all prisoners sentenced to confinement, at hard labor herein, by the authority of the United States, until they shall be discharged agreeably to the laws of the United States.
Section 24-3-93. No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of watches not exceeding a value of $35.00 and wedding bands. For the purposes of this section jewelry shall include, but is not limited to, rings, bracelets, necklaces, earrings, anklets, nose rings, and any other ornamentation determined by the department to constitute jewelry.
Section 24-3-110. The State Department of Corrections and Probation 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 Probation 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 24-3-130. (A) The State Department of Corrections and Probation may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section.
(B) The authorities involved may enter into contracts to implement the provisions of this section.
(C) Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections and Probation must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections and Probation with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels.
Section 24-3-131. The Department of Corrections and Probation shall determine whether an agency permitted to utilize convict labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts. In all cases the Department of Corrections and Probation shall be responsible for adequate supervision of the inmates.
Section 24-3-140. The Director of the Department of Corrections and Probation shall, when called upon by the keeper of the State House and Grounds, furnish such convict labor as he may need to keep the State House and Grounds in good order.
Section 24-3-150. Any person who has been sentenced to the State Penitentiary, or to the county public works and transferred to the State Penitentiary, may be transferred to the chain gang of the county from which convicted upon request of the county official having charge of such chain gang and with the consent and approval of the State Department of Corrections and Probation.
Section 24-3-160. Any institution of this State getting convicts from the State Penitentiary by any act or joint resolution of the General Assembly shall be required to pay to the Director of the Department of Corrections and Probation all moneys expended by him for transportation, guarding, clothing and feeding such convicts while working for such institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents per month for the work of each convict so employed.
Section 24-3-170. Clemson University shall pay to the State Department of Corrections and Probation hire for all convicts used by the college at the rate of six dollars per month and shall pay the cost of clothing, feeding and guarding such convicts while so used and also the transportation of such convicts and guards back and forth from the penitentiary to the university.
Section 24-3-180. Whenever a convict shall be discharged from the penitentiary, the State Department of Corrections and Probation shall furnish such convict with a suit of common clothes, if deemed necessary, and transportation from the penitentiary to his home or as near thereto as can be done by public conveyances. The cost of such transportation and clothes shall be paid to the State Treasurer, on the draft of the department, countersigned by the Comptroller General.
Section 24-3-190. The balance in the hands of the State Department of Corrections and Probation at the close of any year, together with all other amounts received or to be received from the hire of convicts or from any other source during the current fiscal year, are appropriated for the support of the penitentiary.
Section 24-3-200. Prisoners sentenced from one county and subsequently transferred to the jurisdiction of the State Department of Corrections and Probation, may, upon request of the supervisor of another county, be transferred to that county to serve the remainder of the sentence imposed or a part thereof if the director of the department and the prisoner consent in writing to the transfer.
Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
(B) The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.
(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.
(D) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:
(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Article 15, Chapter 3, Title 16 if the victim has died;
(2) the law enforcement agency which employed the arresting officer of the offender; and
(3) the solicitor in whose circuit the offender was convicted.
Section 24-3-310. Since the means now provided for the employment of convict labor is inadequate to furnish a sufficient number of convicts with employment it is the intent of this article to:
(1) further provide more adequate, regular, and suitable employment for the convicts of this State, consistent with proper penal purposes;
(2) further utilize the labor of convicts for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;
(3) effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom; and
(4) provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution.
Section 24-3-315. The Department of Corrections and Probation shall ensure that inmates participating in any prison industry program pursuant to the Justice Assistance Act of 1984 is on a voluntary basis. The director must determine prior to using inmate labor in a prison industry project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed.
Section 24-3-320. The State Department of Corrections and Probation may purchase, in the manner provided by law, equipment, raw materials and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convicts in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by this State and the political subdivisions thereof.
Section 24-3-330. (A) All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections and Probation, articles or products made or produced by convict labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections and Probation, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division Subdivision of Prison Industries of the Department of Corrections and Probation.
Section 24-3-340. Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections and Probation unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier.
Section 24-3-350. The State Department of Corrections and Probation may install dry-cleaning facilities at any institution under its supervision; provided, however, that these facilities shall be used only for cleaning State-owned uniforms of security personnel employed by the Department.
Section 24-3-360. The State Department of Corrections and Probation shall cause to be prepared, annually, at times it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article. Copies of this catalogue must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the beginning of each fiscal year, the proper official of each office, department, institution, or agency, when required by the Department of Corrections and Probation, shall report to the department estimates for fiscal year of the kind and amount of articles and products reasonably required for the ensuing year, referring in the estimates to the catalogue issued by the department insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections and Probation to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue.
Section 24-3-370. The articles or products manufactured or produced by convict labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products.
Section 24-3-380. The State Department of Corrections and Probation shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished, which prices shall be uniform and nondiscriminating to all and shall be as near as the usual market price for such as may be practicable.
Section 24-3-390. The State Department of Corrections and Probation shall have power and authority to prepare and promulgate rules and regulations which are necessary to give effect to the provisions of this article with respect to matters of administration and procedure respecting it.
Section 24-3-400. All monies collected by the State Department of Corrections and Probation from the sale or disposition of articles and products manufactured or produced by convict labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated 'Prison Industries Account', and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the State Budget and Control Board, all of which must be under the direction and subject to the approval of the Director of the State Department of Corrections and Probation. The Department of Corrections and Probation shall contribute an amount of not less than five percent nor more than twenty percent of the gross wages paid to inmate workers participating in any prison industry project established pursuant to the Justice Assistance Act of 1984 (P.L. 98-473) and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984 (P.L. 98-473, Title 2, Chapter 14, Section 1404). The Prison Industries Account must never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this article. When, in the opinion of the Director of the Department of Corrections and Probation, the Prison Industries Account has reached a sum in excess of the requirements of this article, the excess must be used by the Department of Corrections and Probation for operating expenses and permanent improvements to the state prison system, subject to the approval of the State Budget and Control Board.
Section 24-3-410. (A) It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole, probation, or community supervision;
(2) the production of cattle, hogs, cotton, Turkish tobacco, soybeans, and wheat;
(3) products sold by the Department of Corrections and Probation made by inmates in the hobbycraft program;
(4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;
(5) road and street designation signs sold to private developers;
(6) articles or products made in an adult work activity center established by the Department of Corrections and Probation through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis;
(7) products sold intrastate or interstate produced by inmates of the Department of Corrections and Probation employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, 'products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall develop guidelines to determine if the work displaces employed workers.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections and Probation, must be applied as provided in Section 24-1-250.
Section 24-3-420. Any person who wilfully violates any of the provisions of this article other than Section 24-3-410 shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both, in the discretion of the court.
Section 24-3-430. (A) The Director of the Department of Corrections and Probation may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes.
(B) The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and Probation and provide for reasonable access to and egress from the building to establish and operate a facility.
(C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.
(G) No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.
(H) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and Probation and applied as provided under Section 24-3-40.
Section 24-3-510. Upon the conviction of any person in this State of a crime the punishment of which is death, the presiding judge shall sentence such convicted person to death according to the provisions of Section 24-3-530 and make such sentence in writing. Such sentence shall be filed with the papers in the case against such convicted person and a certified copy thereof shall be transmitted by the clerk of the court of general sessions in which such sentence is pronounced to the Director of the Department of Corrections and Probation not less than ten days prior to the time fixed in the sentence of the court for the execution of it.
Section 24-3-520. The sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall convey such convicted person to the State Penitentiary at Columbia to deliver him to the Director of the Department of Corrections and Probation not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction.
Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections and Probation. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.
(B) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.
(C)If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution.
Section 24-3-540. The Department of Corrections and Probation shall provide a death chamber and all necessary appliances for inflicting such penalty by electrocution and pay the costs thereof out of any funds in its hands. The expense of transporting any such criminal to the State Penitentiary shall be borne by the county in which the offense was committed.
Section 24-3-550. (A) To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:
(1) three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;
(2) the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;
(3) a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media;
(4) the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case; and
(5) the counsel for the convict and a religious leader. However, the convict may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the convict by blood, adoption, or marriage within the second degree of consanguinity.
(B) Other than those persons specified in subsection (A), no person is authorized to witness an execution.
(C) The department shall establish internal policies to govern the selection of media representatives.
(D) Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.
(E) For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility.
Section 24-3-560. The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which such sentence was pronounced. Such certificate shall be filed by the clerk with the papers in the case.
Section 24-3-570. The body of the person executed shall be delivered to his relatives. If no claim is made by relatives for such body it shall be disposed of as bodies of convicts dying in the State Penitentiary. If the nearest relatives of a person so executed desire that the body be carried to such person's former home, if in the State, the expenses for such transportation shall be paid by the Penitentiary authorities, who shall draw their warrant upon the county treasurer of the county from which such convict came and such county treasurer shall pay such expenses and charge to the item of court expenses.
Section 24-3-710. The director may investigate any misconduct occurring in the State Penitentiary, provide suitable punishment therefor and execute it and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution. The director may suppress any disorders, riots or insurrections that may take place in the penitentiary and prescribe any and all such rules and regulations as in his judgment are reasonably necessary to avoid any such occurrence.
Section 24-3-720. In order to suppress any disorders, riots or insurrection among the prisoners, the Director of the Department of Corrections and Probation may require the aid and assistance of any of the citizens of the State.
Section 24-3-730. If any person, when so required by the Director of the Department of Corrections and Probation, shall neglect or refuse to give such aid and assistance, he shall pay a fine not exceeding fifty dollars.
Section 24-3-740. Any person so aiding and assisting the Director of the Department of Corrections and Probation shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account.
Section 24-3-750. If, in suppressing any such disorder, riot or insurrection, any person who shall be acting, aiding or assisting in committing the same shall be wounded or killed, the Director of the Department of Corrections and Probation, the keeper or any person aiding or assisting him shall be held as justified and guiltless.
Section 24-3-760. In the absence of the Director of the Department of Corrections and Probation, the keeper shall have the same power in suppressing disorders, riots and insurrections and in requiring aid and assistance in so doing that is herein given to the director.
Section 24-3-910. It is unlawful for a person employed in keeping, taking care of, or guarding a correctional facility or its prisoners to contrive, procure, connive at, or otherwise voluntarily suffer or permit the escape of a prisoner.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.
Section 24-3-920. The Director of the Department of Corrections and Probation shall offer a reward of one hundred dollars for the capture of each escaped convict.
Section 24-3-930. All guards, keepers, employees and other officers employed at the Penitentiary shall be exempted from serving on juries and from military or street duty.
Section 24-3-940. No gambling shall be permitted at any prison, farm or camp where prisoners are kept or worked. Any officer or employee engaging in, or knowingly permitting, gambling at any such prison, farm or camp shall be immediately dismissed.
Section 24-3-950. It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections and Probation with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections and Probation to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall 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 24-3-951. Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits.
Section 24-3-960. Monies or tokens or things of like nature used as money found in the unlawful possession of a prisoner confined in a penal institution under control of the Department of Corrections and Probation is contraband, and monies or tokens or things of like nature used as money seized must be deposited in a fund maintained by the department and is the property of the fund. This fund must be used to aid drug interdiction efforts undertaken by the department.
Section 24-3-965. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner under the jurisdiction of the Department of Corrections and Probation or to a prisoner in a county jail, municipal jail, prison, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner under the jurisdiction of the Department of Corrections and Probation or by a prisoner in any county jail, municipal jail, prison, work camp, or overnight lockup facility must be tried exclusively in magistrate's court."
SECTION 3. Chapter 9, Title 24 of the 1976 Code, as last amended by Act 388 of 2000, if further amended to read:
Section 24-9-10. There is hereby established a Jail and Prison Inspection Division Subdivision under the jurisdiction of the Department of Corrections and Probation. The inspectors and such other personnel as may be provided for the division shall be selected by the director of the department.
Section 24-9-20. The division subdivision shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspections shall include all phases of operation, fire safety, and health and sanitation conditions at the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department Bureau of Health and Environmental Control Programs. The inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department Bureau of Health and Environmental Control Programs shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the chairman of the governing body of the political subdivision having jurisdiction of the facility inspected, the chairman of the governing body of each political subdivision involved in a multi-jurisdictional facility, the administrator, manager, or supervisor for the political subdivision, the responsible sheriff or police chief if he has operational custody of the inspected facility, and the administrator or director of the inspected facility. All reports shall be filed through the Director of the Department of Corrections and Probation.
Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections and Probation shall notify the governing body of the political subdivision responsible for the local confinement facility. A copy of the written reports of the inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.
(b) If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections and Probation may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.
(c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and Probation and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.
(d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and Probation and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections and Probation, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order.
Section 24-9-35. If any person dies while being incarcerated in any municipal or county overnight lockup or jail, county prison or state correctional facility, the jailer or any other person physically in charge of the facility at the time death occurs shall immediately notify the coroner of the county in which the institution is located. The jailer or other person in charge shall also report the death and circumstances surrounding it within seventy-two hours to the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation. The division shall retain a permanent record of such reports. Reports shall be made on forms prescribed by the division.
Any person knowingly and willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars.
Section 24-9-40. In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation shall be provided with architectural plans before construction of any state or local confinement facility. Further, the Jail and Prison Inspection Division Subdivision shall be notified not less than fifteen days prior to the opening of any state or local prison facility so that inspections and reports may be made. Ninety days prior to the closing of any state or local prison facility, the Division Subdivision shall be notified by the officials concerned.
Section 24-9-50. (A) Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections and Probation, at the times and in the form required by the department, data and information prescribed by the department:
(1) for the classification and management of inmates who receive sentences greater than three months; and
(2) on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.
(B) Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.
(C) To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."
SECTION 4. Chapter 13, Title 24 of the 1976 Code, as last amended by Act 18 of 2003, is further amended to read:
Section 24-13-10. In all prisons and chain gangs in the State a separation of the sexes shall be at all times observed.
Section 24-13-20. The sheriffs of this State shall, under the penalty herein provided, arrest in their respective counties, with or without a warrant, all escaped convicts from the State Penitentiary or from the chain gang or jails found in their respective counties. Upon any such arrest any such sheriff shall immediately notify the proper authority from whose care such convict escaped. Upon any willful neglect or failure on the part of any such sheriff to comply with the provisions of this section he shall be guilty of a misdemeanor and, upon conviction, be fined in a sum of not more than five hundred dollars nor less than one hundred dollars or be imprisoned for not more than six months or be both fined and imprisoned, at the discretion of the court.
Section 24-13-30. Any person officially charged with the safekeeping of prisoners, when such prisoners are awaiting trial in general sessions court or have been sentenced and confined in any State, county or municipal penal facility, may use such force as is necessary to prevent the escape of a prisoner lawfully in his custody without regard to whether such prisoner is charged with or convicted of a felony or misdemeanor.
Section 24-13-40. The computation of the time served by prisoners under sentences imposed by the courts of this State shall be reckoned from the date of the imposition of the sentence. But when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served shall be reckoned from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense.
Section 24-13-50. Every municipal and county official responsible for the custody of persons convicted of any criminal offense shall on or before the fifth day of each month file with the Department of Corrections and Probation Division of Corrections a written report stating the name, race, age, criminal offense and date and length of sentence of all prisoners in their custody during the preceding month.
Section 24-13-60. The Department of Corrections and Probation Division of Corrections shall automatically screen all offenders committed to its agency for non-violent offenses with sentences of five years or less for possible placement on work release or supervised furlough.
Section 24-13-65. The Department of Corrections and Probation Division of Corrections shall provide prisoners not otherwise engaged in a useful prison occupation for litter control projects proposed by counties and municipalities.
Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5) 'Director' means the agency head of the Department of Corrections and Probation.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility.
Section 24-13-100. For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.
Section 24-13-125. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense", as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
Section 24-13-150. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense" as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
Section 24-13-175. Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year.
Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a "no parole offense" as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(B) A prisoner convicted of a "no parole offense" against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(C) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.
(D) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(E) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.
(F) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
Section 24-13-220. The provisions of Section 24-13-210 shall also apply when a portion of a sentence which has been imposed is suspended. Credits earned for good conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided.
Section 24-13-230. (A) The Director of the Department of Corrections and Probation may allow any prisoner in the custody of the department, except a prisoner convicted of a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.
(B) The Director of the Department of Corrections and Probation may allow a prisoner in the custody of the department serving a sentence for a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.
(C) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(D) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.
(E) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(F)(1) An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(G) The South Carolina Department of Corrections and Probation may not pay any tuition for college courses.
Section 24-13-235. Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official in charge of county correctional facilities to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways. The confinement of the person must be reduced by one day for every eight hours of labor on the public works or ways performed by the person. As used in this section, "labor on the public works or ways" means manual labor to improve or maintain public facilities, including, but not limited to, streets, parks, and schools.
The governing body of the county may prescribe reasonable regulations under which such labor is to be performed and may provide that such persons wear clothing of a distinctive character while performing such work.
Nothing contained in this section may be construed to require the sheriff or other such official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such assignment. A person is eligible for supervised work under this section only if the sheriff or other such official concludes that the person is a fit subject therefor.
If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.
The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay.
Section 24-13-260. Any officer having charge of any such convict who shall refuse to allow such deduction in time of serving sentence shall be guilty of a misdemeanor and shall, upon conviction, suffer imprisonment for not less than thirty days or pay a fine of not less than one hundred dollars.
Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State.
Section 24-13-420. A person who knowingly harbors or employs an escaped convict, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
Section 24-13-430 (1) Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that conspires with any other inmate to incite such inmate to riot or commit any other acts of violence shall be deemed guilty of a felony and upon conviction shall be sentenced in the discretion of the court.
(2) Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and upon conviction shall be imprisoned for not less than five years nor more than ten years.
Section 24-13-440. It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections and Probation facility or other place of confinement.
A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.
Section 24-13-450. An inmate of a state, county, or city correctional facility or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason whatsoever shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than five years nor more than thirty years. This sentence shall not be served concurrently with any sentence being served at the time the offense is committed.
Section 24-13-460. It shall be unlawful for any person in this State to furnish any prisoner in a jail or on a chain gang any alcoholic beverages or narcotic drugs. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of five hundred dollars or imprisonment for six months or both.
Section 24-13-470. (A) An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility, a state or local law enforcement officer, a visitor of a correctional facility, or any other person authorized to be present in a correctional facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids.
(B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.
(C) This section does not apply to a person who is a 'patient' as defined in Section 44-23-10(3).
Section 24-13-640. Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections and Probation Division Subdivision of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections and Probation may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.
Section 24-13-650. No offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3, Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.
Section 24-13-660. (A) A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.
(B) No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.
(C) The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.
(D) The South Carolina Department of Corrections and Probation may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A jail or camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances.
(E) It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.
(F) Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections and Probation within its own facilities or on its own property, or by any jail or camp within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections and Probation from escorting and supervising any inmate for a public purpose when the department provides its own security.
Section 24-13-710. The Department of Corrections and Probation and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, and guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a "no parole offense" as defined in Section 24-13-100, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two department shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments guidelines shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department Division of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;
(2) demonstrate to Department Division of Corrections' officials a general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections and Probation;
(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections and Probation shall notify victims pursuant to Article 15, Chapter 3, Title 16 as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.
These requirements do not apply to the crimes referred to in this section.
Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections and Probation who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program.
Section 24-13-730. Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20, 16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90, 17-25-140, 17-25-145, 17-25-150, 17-25-160, 20-7-1350, 24-3-40, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170, 24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-210, 24-13-230, 24-13-610, 24-13-640, 24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930, 24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475, 24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650, 24-23-115, and 42-1-505 or any change in any existing program may only be implemented to the extent that appropriations for such programs have been authorized by the General Assembly.
Section 24-13-910. Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections and Probation, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in local correctional facilities, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.
Section 24-13-915. Wherever in the Code of Laws of South Carolina, 1976, reference is made to a local correctional facility, it shall mean a county or municipal correctional facility.
Section 24-13-920. If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, pursuant to Section 24-13-950, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.
Section 24-13-930. The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct in the following order:
(a) any amount the inmate may be legally obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;
(b) any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;
(c) not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections and Probation or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official.
Section 24-13-950. The Department of Corrections and Probation shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections and Probation shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:
(1) voluntary work programs established pursuant to Section 24-13-235; and
(2) local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and
(3) local public work programs pursuant to Section 17-25-70.
Section 24-13-1310. As used in this article:
(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections and Probation:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100;
(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e) who physically is able to participate in the program.
(2) 'Shock incarceration program' means a program pursuant to which eligible inmates are ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.
(3) 'Director means the Director of the Department of Corrections and Probation.
Section 24-13-1320. (A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.
(B) A program may be established only at an institution classified by the director as a shock incarceration facility.
(C) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met
Section 24-13-1330. (A) A court may order that an 'eligible inmate' be sentenced to the 'Shock Incarceration Program'. If an 'eligible inmate' is sentenced to the 'Shock Incarceration Program' he must be transferred to the custody of the department for evaluation.
(B) The department must evaluate the inmate to determine whether the inmate is physically, psychologically, and emotionally able to participate in this program.
(C) The director shall notify the court within fifteen working days if the inmate is physically, psychologically, or emotionally unsuitable for participation in the "Shock Incarceration Program". An unsuitable inmate must be returned to court for sentencing to another term as provided by law.
(D) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence'.
(E) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.
(F) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program.
Section 24-13-1510. This article is known and may be cited as the 'Home Detention Act'.
Section 24-13-1520. As used in this article:
(1) 'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections and Probation, and any other law enforcement agency created by law.
(2) 'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections and Probation.
(3) 'Approved electronic monitoring device' means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home.
An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550.
An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
(4) 'Home detention' means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department.
(5) 'Participant' means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community.
Section 24-13-1530. (A) Notwithstanding another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections and Probation. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30.
Section 24-13-1540. If a department desires to implement a home detention program it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:
(1) hours in employment approved by the department or traveling to or from approved employment;
(2) time seeking employment approved for the participant by the department;
(3) medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;
(4) attendance at an educational institution or a program approved for the participant by the department;
(5) attendance at a regularly scheduled religious service at a place of worship; or
(6) participation in a community work release or community service program approved by the department.
Section 24-13-1550. The participant shall admit a person or agent designated by the department into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
The participant shall make the necessary arrangements to allow for a person designated by the department to visit the participant's place of education or employment at any time, upon approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
Section 24-13-1560. The participant shall use an approved electronic monitoring device if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person.
Section 24-13-1570. (A) The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540.
(B) Notice must be given to the participant by the department that violation of the order for home detention subjects the participant to prosecution for the crime of escape as a misdemeanor, that commission of another crime revokes the order for home detention, and that if there is a violation or commission, the court shall sentence him to imprisonment.
(C) The participant shall abide by other conditions set by the department.
(D) The victim of the participant's crime, or his immediate family, must be provided the opportunity of oral or written input and comment to the department or court, or both, regarding the participant's home detention sentence.
Section 24-13-1580. Before entering an order for commitment for electronic home detention, the court shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by:
(1) securing the written consent of the participant in the program to comply with the regulations of the program as stipulated in Section 24-13-1540 and the requirements of this article;
(2) securing, upon request of the department, the written consent of other adult persons residing in the home of the participant at the time an order or commitment for electronic home detention is entered and acknowledgment that they understand the nature and extent of approved electronic monitoring devices; and
(3) insuring that the approved electronic devices are minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with Sections 24-13-1550 and 24-13-1560.
Section 24-13-1590. Nothing in this article:
(1) applies to a person, regardless of age, who violates, or is awaiting trial on charges of violating, the illicit narcotic drugs and controlled substances laws of this State which are classified as Class A, B, or C felonies or which are classified as an exempt offense by Section 16-1-10(D) and provide for a maximum term of imprisonment of twenty years or more; or
(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Corrections and Probation, Parole, and Pardon Services to regulate or impose conditions for probation, parole, or community supervision.
Section 24-13-1910. There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections and Probation to treat and rehabilitate alcohol and drug offenders. The Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections and Probation has primary responsibility for the maintenance and security of the offenders. The Department of Corrections and Probation 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 Office 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 Office 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 and Probation, 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 and Probation to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Office 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 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 24-13-2110. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections and Probation shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections and Probation shall coordinate efforts in this matter with the Bureau of Employment Security Commission, Department of Probation, Parole and Pardon Services, and the Department Bureau of Vocational Rehabilitation, both in the Department of Health and Human Services, Division of Human Services, Alston Wilkes Society, and other private sector entities.
Section 24-13-2120. The Department of Corrections and Probation, Probation, Parole and Pardon Services, the Department Bureau of Vocational Rehabilitation, the Bureau of Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.
Section 24-13-2130. The memorandum of understanding between the South Carolina Department of Corrections and Probation, Probation, Parole and Pardon Services, the Department Bureau of Vocational Rehabilitation, the Bureau of Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:
(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and life skills assessments as may be appropriate;
(2) developing skills enhancement programs for inmates, as appropriate;
(3) coordinating job referrals and related services to inmates prior to release from incarceration;
(4) encouraging participation by inmates in the services offered;
(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;
(6) identifying and facilitating other transitional services within both governmental and private sectors;
(7) surveying employment trends within the State and making proposals to the Department of Corrections and Probation regarding potential vocational training activities.
Section 24-13-2140. The Department of Corrections and Probation shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections and Probation 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 and Probation information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department Office of Alcohol and Other Drug Abuse Services, and the Department Office of Mental Health, both in the Department of Health and Human Services, Division of Health Services, Bureau 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 5. Chapter 19, Title 24 of the 1976 Code, as last amended by Act 10 of 2003, if further amended to read:
Section 24-19-10. As used herein:
(a) 'Department means the Department of Corrections and Probation.
(b) 'Division' means the Youthful Offender Division Subdivision.
(c) 'Director' means the Director of the Department of Corrections and Probation.
(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, this may also include vocational and other training deemed fit and necessary by the Division Subdivision.
(f) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty or plea of nolo contendere to a criminal charge where the imprisonment may be at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment.
Section 24-19-20. There is hereby created within the Department of Corrections and Probation a Youthful Offender Division Subdivision. The division subdivision shall be staffed by appointees and designees of the Director of the Department of Corrections. The staff members shall be delegated such administrative duties and responsibilities as may be required to carry out the purpose of this chapter.
Section 24-19-30. The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter.
Section 24-19-40. The division shall adopt such rules as the South Carolina Department of Corrections and Probation approves and promulgate them as they apply directly or indirectly to its procedure.
Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(1) suspend the sentence and place the youthful offender on probation;
(2) release the youthful offender to the custody of the division before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department Bureau of Vocational Rehabilitation and the Department of Corrections and Probation and the findings and recommendations for sentencing must be returned with the youthful offender to the court for sentencing;
(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing;
(4) if the court finds that the youthful offender will not derive benefit from treatment, may sentence the youthful offender under any other applicable penalty provision. The youthful offender must be placed in the custody of the department;
(5) not sentence a youthful offender more than once under this chapter.
Section 24-19-60. Youthful offenders shall undergo treatment in minimum security institutions, including training schools, hospitals, farms, forestry and other camps, including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment.
The director, as far as is advisable and necessary, shall designate, set aside and adopt institutions and agencies under the control of the department and the division for the purpose of carrying out the objectives of this chapter. The director may further maintain a cooperative program with the Department Bureau of Vocational Rehabilitation involving the operation of reception and evaluation centers, utilizing funds and staffing services of the department which are appropriate for matching with Federal Vocational Rehabilitation funds.
Insofar as practical and to the greatest degree possible, such institutions, facilities and agencies shall be used only for the treatment of committed youthful offenders, and such youthful offenders shall be segregated from other offenders, and classes of committed youthful offenders shall be segregated according to their needs for treatment.
Section 24-19-70. Facilities for the Division are to be provided from facilities of the Department.
Section 24-19-80. The director may establish agreements with the Department Bureau of Vocational Rehabilitation for the operation of reception and evaluation centers. The reception and evaluation centers shall make a complete study of each committed youthful offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The reception and evaluation center shall forward to the director and to the division subdivision a report of its findings with respect to the youthful offender and its recommendations as to his treatment. At least one member of the division shall, as soon as practicable after commitment, interview the youthful offender, review all reports concerning him and make such recommendations to the director and to the division subdivision as may be indicated.
Section 24-19-90. On receipt of the report and recommendations from the Reception and Evaluation Center and from the members of the division, the director may:
(a) recommend to the division subdivision that the committed youthful offender be released conditionally under supervision; or
(b) allocate and direct the transfer of the committed youthful offender to an agency or institution for treatment; or
(c) order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public.
Section 24-19-100. The director may transfer at any time a committed youthful offender from one agency or institution to any other agency or institution.
Section 24-19-110. The division subdivision may at any time after reasonable notice to the director release conditionally under supervision a committed youthful offender. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision he shall so report and recommend to the division.
The division subdivision may regularly assess a reasonable fee to be paid by the youthful offender who is on conditional release to offset the cost of his supervision.
The division subdivision may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release.
Section 24-19-120. A youthful offender shall be released conditionally under supervision on or before the expiration of four years from the date of his conviction and shall be discharged unconditionally on or before six years from the date of his conviction.
Section 24-19-130. The Division Subdivision may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge.
Section 24-19-140. Committed youthful offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of supervisory agents appointed by the Division Subdivision. The Division Subdivision is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Division Subdivision.
Section 24-19-150. If, at any time before the unconditional discharge of a committed youthful offender, the Division Subdivision is of the opinion that such youthful offender will be benefited by further treatment in an institution or other facility any member of the Division Subdivision may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youthful offender and cause such warrant to be executed by an appointed supervisory agent, or any policeman. Upon return to custody, such youthful offender shall be given an opportunity to appear before the Division Subdivision or a member thereof. The Division Subdivision may then or at its discretion revoke the order of conditional release.
Section 24-19-160. Nothing in this chapter limits or affects the power of a court to suspend the imposition or execution of a sentence and place a youthful offender on probation.
Nothing in this chapter may be construed to amend, repeal, or affect the jurisdiction of the Department of Corrections and Probation, Parole, and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years."
SECTION 6. Chapter 21, Title 24 of the 1976 Code, as last amended by Act 273 of 2002, is further amended to read:
Section 24-21-10. (A) The Department of Corrections and Probation, Parole, and Pardon Services, Division of Probation, Parole and Pardon Services hereafter referred to as the "department" 'division', is governed by the director of the department. The director must be appointed by the Governor with the advice and consent of the Senate.
(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.
(C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists.
Section 24-21-11. The director and members of the board shall be subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
Section 24-21-12. The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.
Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department division. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;
(2) the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole, and Pardon Services division. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law.
Section 24-21-30. (A) A person who commits a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole.
Section 24-21-40. The Board shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.
Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.
Section 24-21-55. The Department Division of Probation, Parole and Pardon Services shall receive a hearing fee under a plan approved by the Budget and Control Board.
Section 24-21-60. Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department Division, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department Division of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.
Section 24-21-70. The Director of the Department of Corrections and Probation, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board or the director and furnish it to them upon request.
Section 24-21-80. An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department Division of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department division shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department division, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department division based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department division, carried forward, and applied to the department's division's operation. The department division may exempt any individual supervised by the department
division on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department division determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department division may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.
Section 24-21-85. Every person placed on electronic monitoring must be assessed a fee to be determined by the Department Division of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department division and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department division to support the electronic monitoring program and carried forward for the same purpose.
Section 24-21-90. Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board and deposited in the state treasury.
Section 24-21-220. The director is vested with the exclusive management and control of the department division and is responsible for the management of the department division and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department division and it is the duty of the director to carry out the policies of the department division. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's division's activities.
Section 24-21-221. The director must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons:
(1) any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members of his immediate family to the extent practicable;
(2) the solicitor who prosecuted the prisoner or his successor in the jurisdiction in which the crime was prosecuted; and
(3) the law enforcement agency that was responsible for the arrest of the prisoner concerned.
Section 24-21-230. The director must employ probation agents required for service in the State and clerical assistants as necessary. The probation agents must take and pass psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted to them.
Section 24-21-235. The Department Division of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.
Section 24-21-237. Meals may be provided to employees of the department division who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency.
Section 24-21-240. Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court.
Section 24-21-250. The probation agents must be paid salaries, to be fixed by the department division, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the director.
Section 24-21-260. Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director may determine.
Section 24-21-270. The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent.
Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.
(B) A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department division, and the board.
Section 24-21-290. All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the director.
Section 24-21-300. At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation.
Section 24-21-410. After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency.
Section 24-21-420. When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical and mental examination of the defendant. When the services of a probation agent are available to the court, no defendant charged with a felony and, unless the court shall direct otherwise in individual cases, no other defendant may be placed on probation or released under suspension of sentence until the report of such investigation has been presented to and considered by the court.
Section 24-21-430. The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions.
The probationer shall:
(1) refrain from the violations of any state or federal penal laws;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful character;
(4) permit the probation agent to visit at his home or elsewhere;
(5) work faithfully at suitable employment as far as possible;
(6) pay a fine in one or several sums as directed by the court;
(7) perform public service work as directed by the court;
(8) submit to a urinalysis or a blood test or both upon request of the probation agent;
(9) submit to curfew restrictions;
(10) submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;
(11) submit to intensive surveillance which may include surveillance by electronic means;
(12) support his dependents; and
(13) follow the probation agent's instructions and advice regarding recreational and social activities.
Section 24-21-440. The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit.
Section 24-21-450. At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any police officer or other agent with power of arrest, upon the request of the probation agent, may arrest a probationer. In case of an arrest, the arresting officer or agent must have a written warrant from the probation agent setting forth that the probationer has, in his judgment, violated the conditions of probation, and such statement shall be warrant for the detention of such probationer in the county jail or other appropriate place of detention, until such probationer can be brought before the judge of the court or of the court within the venue of which the violation occurs. Such probation agent must forthwith report such arrest and detention to the judge of the court, or of the court within the venue of which the violation occurs, and submit in writing a report showing in what manner the probationer has violated his probation. Provided, that any person arrested for the violation of the terms of probation must be entitled to be released on bond pending a hearing, and such bond shall be granted and the amount thereof determined by a magistrate in the county where the probationer is confined or by the magistrate in whose jurisdiction the alleged violation of probation occurred.
Section 24-21-460. Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired.
Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board may place a prisoner in a restitution center as a condition of parole. The department division, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department division.
The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department division with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;
(5) payment of any costs incurred while in the restitution center;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his discharge.
The offender must be in the restitution center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days.
Upon release from the restitution center, 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 must be made ineligible for this program by reason of gender.
Section 24-21-485. In order for the department division to establish and maintain restitution centers, the director may:
(1) develop policies and procedures for the operation of restitution centers;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for management of restitution centers;
(3) lease buildings;
(4) develop standards for disciplinary rules to be imposed on residents of restitution centers;
(5) develop standards for the granting of emergency furloughs to participants.
Section 24-21-490. (A) The Department of Probation, Parole and Pardon Services division shall collect and distribute restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.
(B) Notwithstanding Section 14-17-725, the department shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The department shall maintain individual restitution accounts that reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section.
(C) The department division may retain the collection fees described in subsection (B) and expend the fees for the purpose of collecting and distributing restitution. Unexpended funds at the end of each fiscal year may be retained by the department division and carried forward for use for the same purpose by the department division.
Section 24-21-510. The department division shall develop and operate a comprehensive community control system if the General Assembly appropriates sufficient funds. The system shall include community control centers and sentencing options as a condition of probation, and utilize all sentencing options set forth in Chapter 21 of Title 24.
Section 24-21-540. The department division shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center.
Section 24-21-550. A probation term ordered to end upon the payment of fines, court costs, assessments, and restitution must continue until the clerk of court certifies in writing that all monies have been paid, or the probation term has expired, or the expiration of probation has been changed by a subsequent order.
Section 24-21-560. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any sentence for a "no parole offense" as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services division. No prisoner who is serving a sentence for a 'no parole offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.
(B) A community supervision program operated by the Department of Probation, Parole, and Pardon Services division must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department division based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department division. The department division must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:
(1) the terms of the community supervision program are fair and reasonable;
(2) the prisoner has complied with the terms of the community supervision program;
(3) the prisoner should continue in the community supervision program under the current terms;
(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;
(5) the prisoner has wilfully violated a term of the community supervision program.
If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department division pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.
(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.
(F) The Department Division of Corrections must notify the Department Division of Probation, Parole, and Pardon Services of the projected release date of any inmate serving a sentence for a "no parole offense" one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department Division of Corrections immediately must notify the Department Division of Probation, Parole, and Pardon Services.
(G) Victims registered pursuant to Article 15, Chapter 3, Title 16 and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' is to be released must be notified by the Department Division of Probation, Parole, and Pardon Services when the prisoner is released to a community supervision program.
Section 24-21-610. In all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:
(1) sentenced for not more than thirty years has served at least one-third of the term;
(2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.
If after January 1, 1984, the Board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.
The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Sections 16-3-20 and 16-11-330, and subsection (e) of Section 44-53-370.
In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.
Notwithstanding the provisions of this section, the Board may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist.
Section 24-21-615. The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.
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, 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 a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination.
Section 24-21-630. For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit for time served in prison in excess of three months while awaiting trial or between trials.
Section 24-21-635. For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.
Section 24-21-640. The board must carefully consider the record of the prisoner before, during and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him. The board must establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner must, as often as may be required, render a written report to the board giving that information as may be required by the board which must be confirmed by the person in whose employment the prisoner may be at the time. The board must not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses must be treated for purposes of this section as one offense.
Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30.
Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act.
Section 24-21-650. The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole.
Section 24-21-660. Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated.
Section 24-21-670. Any prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as may be provided for by law.
Section 24-21-680. Upon failure of any prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. The board shall be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be allowed; provided, that any person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board. No bond shall be granted except by the presiding or resident judge of the circuit wherein the prisoner is arrested, or, if there be no judge within such circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof.
Section 24-21-690. Any person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, be treated as if he had served the entire term for which he was sentenced.
Section 24-21-700. Any prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such prisoner to a Veterans Administration Hospital. Such a special parole shall be granted in the sole discretion of the Board and, when so paroled, a prisoner shall be transferred directly from his place of confinement to a Veterans Administration Hospital which provides psychiatric care. When any prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall not be returned to penal custody except for a subsequent violation of the conditions of his parole.
Section 24-21-710. (A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.
(B) Upon receipt of the notice required by law, the following people may submit electronic information:
(1) the victim of the crime for which the prisoner has been sentenced;
(2) the prosecuting solicitor's office; and
(3) the person whose parole is being considered.
(C) The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following:
(1) identification of each voice heard and each person seen;
(2) a visual or aural statement of the date the information was recorded; and
(3) the name of the person whose parole eligibility is being considered.
(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.
(E)The Department of Corrections and Probation may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.
(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.
(G) The director of the Department of Corrections and Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.
(H) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board.
Section 24-21-810. This article may be cited as the 'Uniform Act for Out-of-State Parolee Supervision.'
Section 24-21-820. The Governor of this State having, pursuant to the authority granted him by Act No. 686 of 1948 (Acts 1948, p. 1749), executed a compact on behalf of the State of South Carolina with certain of the United States legally joining therein in the form herein set forth, such compact shall have full force and effect of law in this State and the proper officers and judicial and administrative authorities of this State shall enforce and carry out the provisions of such compact, which is in terms as follows:
A COMPACT
Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes." The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state"), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
(7) That this compact shall continue in force and remain binding upon such executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
Section 24-21-830. The word 'state' as used in Section 24-21-820 means any one of the several states, the Commonwealth of Puerto Rico, the Virgin Islands, or the District of Columbia.
Section 24-21-910. The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board.
Section 24-21-920. In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be vested in the Board.
Section 24-21-930. An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights.
Section 24-21-940. A. 'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided.
B. 'Successful completion of supervision' as used in this article shall mean free of conviction of any type other than minor traffic offenses.
Section 24-21-950. (A) The following guidelines must be utilized by the board when determining when an individual is eligible for pardon consideration.
(1) Probationers must be considered upon the request of the individual anytime after discharge from supervision.
(2) Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.
(3) Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.
(4) An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
(5) The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.
Section 24-21-960. (A) Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department towards the pardon process.
(B) Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee.
Section 24-21-970. Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.
Section 24-21-980. Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.
Section 24-21-990. A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license.
Section 24-21-1000. For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored.
Section 24-21-1100. This article may be cited as the 'Interstate Compact for Adult Offender Supervision'.
Section 24-21-1105. The purpose of this compact and the Interstate Commission created under it, through means of joint and cooperative action among the compacting states, is to:
(1) promote public safety by providing adequate supervision in the community of adult offenders who are subject to the compact;
(2) provide a means for tracking offenders subject to supervision under this compact;
(3) provide a means of transferring supervision authority in an orderly and efficient manner;
(4) provide a means of returning offenders to the originating jurisdictions when necessary;
(5) provide a means for giving timely notice to victims of the location of offenders subject to supervision under this compact;
(6) distribute the costs, benefits, and obligations of this compact equitably among the compacting states;
(7) establish a system of uniform data collection for offenders subject to supervision under this compact and to allow access to information by authorized criminal justice officials;
(8) monitor compliance with rules established under this compact; and
(9) coordinate training and education regarding regulations relating to the interstate movement of offenders, for officials involved in this activity.
Section 24-21-1110. As used in this compact, unless the context clearly requires a different construction:
(A) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(B) 'By-laws' mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.
(C) 'Compact administrator' means the individual in each compacting state appointed to administer and manage the state's supervision and transfer of offenders subject to the terms of this compact and the rules adopted by the Interstate Commission.
(D) 'Compacting state' means any state which has enacted the enabling legislation for this compact.
(E) 'Commissioner' means the voting representative of each compacting state appointed pursuant to Section 24-21-1120 and this compact.
(F) 'Interstate Commission' means the Interstate Commission for Adult Offender Supervision.
(G) 'Member' means the commissioner of a compacting state or designee, who must be a person officially connected with the commissioner.
(H) 'Noncompacting state' means a state which has not enacted the enabling legislation for this compact.
(I) 'Offender' means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of a court, paroling authority, corrections, or other criminal justice agency.
(J) 'Person' means any individual, corporation, business enterprise, or other legal entity, either public or private.
(K) 'Rules' means acts of the Interstate Commission, promulgated pursuant to Section 24-21-1160 of this compact, substantially affecting interested parties in addition to the Interstate Commission, which have the force and effect of law in the compacting states.
(L) 'State' means a state of the United States, the District of Columbia, and any territorial possession of the United States.
(M) 'State Council' means the resident members of the state council for Interstate Adult Offender Supervision created by each state under Section 24-21-1120.
Section 24-21-1120. (A) The compacting states hereby create the " Interstate Commission for Adult Offender Supervision". The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties contained in this article, including the power to sue and be sued, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(B)(1) The Interstate Commission shall consist of commissioners selected and appointed by the compacting states. The Governor shall appoint as commissioner from the State of South Carolina the Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services, or his designee. The commissioner, acting jointly with similar officers appointed in other states, shall promulgate rules and regulations necessary to effectively carry out the terms of this compact.
(2) The Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services, or his designee, must serve as Compact Administrator for the State of South Carolina.
(3) The Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services must establish a state council for Interstate Adult Offender Supervision. The membership of the state council must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and compact administrators. The state council shall act as an advisory body to the commissioner regarding the activities of the state's interstate compact office, engage in advocacy activities concerning the state's participation in interstate commission activities, and perform other duties determined by the commissioner.
(C) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the National Organization of Governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio nonvoting members. The Interstate Commission may provide in its by-laws for additional ex-officio nonvoting members as it considers necessary.
(D) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.
(E) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(F) The Interstate Commission shall establish an Executive Committee which shall include commission officers, members, and others as shall be determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of making rules and amendments to the compact. The Executive Committee shall oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff. It shall administer enforcement and compliance with the provisions of the compact, its by-laws, and as directed by the Interstate Commission and perform other duties as directed by the commission or set forth in the by-laws.
Section 24-21-1130. The Interstate Commission shall have the following powers:
(1) to adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;
(2) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) to oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;
(4) to enforce compliance with compact provisions, Interstate Commission rules, and bylaws using all necessary and proper means including, but not limited to, the use of the judicial process;
(5) to establish and maintain offices;
(6) to purchase and maintain insurance and bonds;
(7) to borrow, accept, or contract for services of personnel including, but not limited to, members and their staffs;
(8) to establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Section 24-21-1120(F) which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
(9) to elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) to accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;
(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any real, personal, or mixed property;
(12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property;
(13) to establish a budget and make expenditures and levy dues as provided in Section 24-21-1180;
(14) to sue and be sued;
(15) to provide for dispute resolution among compacting states;
(16) to perform the functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission;
(18) to coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in this activity; and
(19) to establish uniform standards for the reporting, collecting, and exchanging of data.
Section 24-21-1140. (A) The Interstate Commission, by a majority of the members, within twelve months of the first Interstate Commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(1) establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and other committees as may be necessary;
(3) providing reasonable standards and procedures for the establishment of committees and governing any general or specific delegation of any authority or function of the Interstate Commission;
(4) providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each meeting;
(5) establishing the titles and responsibilities of the officers of the Interstate Commission;
(6) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of a compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;
(7) providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment reserving of all of its debts and obligations;
(8) providing transition rules for "start up" administration of the compact; and
(9) establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(B)(1) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have the authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided, that subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for a period, upon terms and conditions and for compensation as the Interstate Commission considers appropriate. The executive director shall serve as secretary to the Interstate Commission and hire and supervise other staff as may be authorized by the Interstate Commission. The executive director is not a member of the Interstate Commission.
(C) The Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.
(D)(1) The members, officers, executive director, and employees of the Interstate Commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that nothing in this subsection may be construed to protect any person from liability for any damage, loss, injury, or liability caused by the person's intentional, willful, or wanton misconduct.
(2) The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of that person.
(3) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees harmless in the amount of any settlement or judgment obtained against the persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of that person.
Section 24-21-1150. (A) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.
(B) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, the act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
(C) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the State and shall not delegate a vote to another member state. However, a state council may appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication is subject to the same quorum requirements of meetings where members are present in person.
(D) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
(E) The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating these rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(F) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 U.S.C. Section 552(b), as amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) relate solely to the Interstate Commission's internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) involve accusing a person of a crime or formally censuring a person;
(5) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) disclose investigatory records compiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of that entity;
(8) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or
(9) specifically relate to the Interstate Commission's issuance of a subpoena or its participation in a civil action or proceeding.
(G) For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in the minutes.
(H) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.
Section 24-21-1160. (A) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(B) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. The rulemaking shall substantially conform to the principles of the federal Administrative Procedures Act, 5 U.S.C.S. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, Section 1 et seq., as amended (hereinafter "APA").
(C) All rules and amendments shall become binding as of the date specified in each rule or amendment.
(D) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any compacting state.
(E) When promulgating a rule, the Interstate Commission shall:
(1) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(2) allow persons to submit written data, facts, opinions, and arguments, which information must be publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
(F) Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of the rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
( G) Subjects to be addressed within twelve months after the first meeting must at a minimum include:
(1) notice to victims and opportunity to be heard;
(2) offender registration and compliance;
(3) violations and returns;
(4) transfer procedures and forms;
(5) eligibility for transfer;
(6) collection of restitution and fees from offenders;
(7) data collection and reporting;
(8) the level of supervision to be provided by the receiving state;
(9) transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and
(10) mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.
(H) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the emergency rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
Section 24-21-1170. (A) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(B) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding and shall have standing to intervene in the proceeding for all purposes.
(1) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, cooperate with, and support the Interstate Commission in the discharge of its duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
(3) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(C) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Section 24-21-1200(B).
Section 24-21-1180. (A) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(B) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the State and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment.
(C) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission must be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Interstate Commission.
Section 24-21-1190. (A) Any state is eligible to become a compacting state.
(B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date must be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(C) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Section 24-21-1200. (A)(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.
(4) The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(5) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal.
(6) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon a later date as determined by the Interstate Commission.
(B)(1) If the Interstate Commission determines that any compacting state has at a time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(a) fines, fees, and costs in amounts as are considered reasonable as fixed by the Interstate Commission;
(b) remedial training and technical assistance as directed by the Interstate Commission; or
(c) suspension and termination of membership in the compact. Suspension must be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the Interstate Commission to the Governor, the Chief Justice of the State, the majority and minority leaders of the defaulting state's legislature, and the state commissions. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of suspension.
(2) Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice, the majority and minority leaders of the defaulting state's legislature, and the state commissioners of the termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
(C) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation including reasonable attorney fees.
(D)(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and of no further force or effect, and the business and affairs of the Interstate Commission must be wound up, and any surplus funds must be distributed in accordance with the bylaws.
Section 24-21-1210. (A) The provisions of this compact must be severable, and if a phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact must be enforceable.
(B) The provisions of this compact must be liberally constructed to effectuate its purposes.
Section 24-21-1220. (A)(1) Nothing in this article prevents the enforcement of another law of a compacting state that is consistent with this compact.
(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
(B)(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding the meaning or interpretation.
(4) In the event a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the Interstate Commission must be ineffective and the obligations, duties, powers, or jurisdiction must remain in the compacting state and must be exercised by the agency to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective."
SECTION 7. Chapter 22, Title 24 of the 1976 Code, as last amended by Act 181 of 1993, if further amended to read:
Section 24-22-10. This chapter is known and may be cited as the 'Offender Management System Act'.
Section 24-22-20. As used herein:
(a) 'Adult criminal offender management system' means the system developed by the State Department of Corrections and Probation and the State Department of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections and Probation Reintegration Centers and placed in Department the Division of Probation, Parole and Pardon Services Community Control Strategies.
(b) 'Community control strategies' means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short term incarceration, and intensive supervision.
(c) 'High count' means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period.
(d) 'Prison' means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections and Probation.
(e) 'Prison system' means the prisons operated by the State Department of Corrections and Probation.
(f) 'Offender' means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections and Probation, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations.
(g) 'Prison system population' means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections and Probation.
(h) 'Reintegration center' means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system.
(i) 'Release date' means the date projected by the State Department of Corrections and Probation on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230.
(j) 'Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a nonmandatory term of imprisonment for conviction of one or more of the following offenses:
reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (20-7-50); abandonment/nonsupport (20-7-80); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-6-1800, 61-6-2220, 61-6-4710); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210; 56-5-1220); possession of open container (61-4-110); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100).
(k) 'Operating capacity' means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections and Probation as certified by the State Department of Corrections and Probation and approved by the State Budget and Control Board.
Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:
(a) be classified as a qualified prisoner as defined herein;
(b) maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;
(c) demonstrate during incarceration a general desire to become a law abiding member of society;
(d) satisfy any reasonable requirements imposed on the offender by the Department of Corrections and Probation;
(e) be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;
(f) possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision; and
(g) satisfy any other criteria established by the South Carolina Department of Corrections and Probation and the State Board of Probation, Parole and Pardon Services.
Section 24-22-40. The South Carolina Department of Correction and Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.
After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.
If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Correction and Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly.
Section 24-22-50. The offender management system shall be in operation during all periods that the system is appropriately funded.
Section 24-22-60. Offenders enrolled in the offender management system shall be evaluated at Department of Corrections and Probation Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections and Probation shall prepare offenders to be placed in the appropriate community control strategies.
Section 24-22-70. Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.
Section 24-22-80. Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.
Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections and Probation. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Corrections and Probation, Parole and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and Probation and the South Carolina Department of Probation, Parole and Pardon Services. There shall be no right to appeal a revocation.
Section 24-22-90. Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department Division of Probation, Parole and Pardon Services. The South Carolina Department Division of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections and Probation Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department Division of Probation, Parole and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.
The South Carolina Department Division of Corrections shall notify the South Carolina Department Division of Probation, Parole and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department Division of Probation, Parole and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Article 15, Chapter 3, Title 16 and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department Division of Probation, Parole and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.
Section 24-22-100. Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department Division of Probation, Parole and Pardon Services, including community control strategies. These strategies may include, but are not limited to:
(a) the South Carolina Department Division of Probation, Parole and Pardon Services Home Detention Supervision Program;
(b) day reporting centers;
(c) restitution centers;
(d) public service work programs;
(e) substance abuse programs;
(f) short term incarceration; and
(g) intensive supervision programs.
Section 24-22-110. Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department Division of Corrections. Control over the offenders is vested in the South Carolina Department Division of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department Division of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department division.
Section 24-22-120. At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department Division of Corrections.
At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department Division of Probation, Parole and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.
Section 24-22-130. Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.
Section 24-22-140. The enactment of this legislation shall not create a 'liberty interest' or an 'expectancy of release' in any offender now incarcerated or in any offender who is incarcerated in the future.
Section 24-22-150. The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.
During periods when the offender management system is in operation and either the South Carolina Department of Corrections and Probation or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted the director shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.
Section 24-22-160. The Department Division of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department Division of Corrections and shall, at least quarterly, certify existing operating capacities or establish change or new operating capacities.
Section 24-22-170. The offender management system and any regulations promulgated thereto shall terminate July 1, 1995 unless extended by the General Assembly."
SECTION 8. Chapter 23, Title 24 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
Section 24-23-10. The Board shall develop a plan for the implementation of a statewide case classification system. The Board, the Department of Corrections, and the Governor's Office shall jointly develop a specific plan for the statewide implementation of new community-based correctional programs. The plan shall include descriptions of the new programs, the eligibility criteria for placing offenders on the programs, the administrative and legal requirements for implementation, the projected impact of the programs on the state inmate population and the financial requirements and timetable for the statewide implementation of the programs. These plans shall be submitted to the Legislature by January, 1982.
Section 24-23-20. The case classification plan must provide for case classification system consisting of the following:
(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(3)categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development and evaluation staff in the central administrative office.
Section 24-23-30. The community corrections plan must include, but is not limited to, describing the following community-based program needs:
(1) an intensive supervision program for probationers, and parolees, and supervised prisoners who require more than average supervision;
(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections and Probation can be administratively transferred to the supervision of state probation agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(3) a contract rehabilitation services program whereby private and public agencies, such as the Department Bureau of Vocational Rehabilitation, the Department Office of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;
(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(6) identification of programs for youthful and first offenders.
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 Bureau of Vocational Rehabilitation, the Department Office of Mental Health, and the Department Office of Alcohol and Other Drug Abuse Services, all 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 24-23-110. Judges of the Court of General Sessions may suspend the imposition or the execution of a sentence and may impose a fine and a restitution without requiring probation. The department shall implement the necessary policies and procedures to ensure the payment of such fines and restitution and report to the court failures to pay.
Section 24-23-115. Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation or as a condition of suspension of sentence. Except as otherwise provided by law, magistrates and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.
The Department Division of Probation, Parole and Pardon Services shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term "public service work", and a mechanism for supervision of persons performing public service work.
No person shall be made ineligible for this program by reason of gender.
Section 24-23-120. A Judge of the Court of General Sessions who has reason to believe a defendant suffers from a mental disorder, retardation, or substantial handicap, shall order a presentence investigation to be completed and submitted to the Court.
Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation, the court, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision.
Section 24-23-230. The assessments, collections and transfers specified in this article shall become effective on July 1, 1981."
SECTION 9. Chapter 25, Title 24 of the 1976 Code is amended to read:
Section 24-25-10. There is hereby established a special statewide unified school district within the South Carolina Department of Corrections and Probation to be known as the "Palmetto Unified School District No. 1."
Section 24-25-20. The purpose of the district is to enhance the quality and scope of education for inmates within the Department of Corrections and Probation so that they will be better motivated and better equipped to restore themselves in the community. The establishment of this district shall ensure that education programs are available to all inmates with less than a high school diploma, or its equivalent, and that various vocational training programs are made available to selected inmates with the necessary aptitude and desire. Where enrollment in an education program must be restricted, justification for that restriction should be documented by the district.
Section 24-25-30. Academic and vocational training provided by the Palmetto Unified School District No. 1 shall meet standards prescribed by the State Board Superintendent of Education, for the academic and vocational programs of these schools. The State Superintendent of Education shall administer the standards relating to the educational programs of the district. Reports shall be made by the State Department of Education to the Board of Trustees indicating the degree of compliance with the standards prescribed by the State Board Superintendent of Education at least annually. Such State Department of Education supervisory personnel as deemed appropriate by the Department shall be utilized for evaluating the programs of the district and reporting to the district board.
Section 24-25-35. The Palmetto Unified School District 1 of the South Carolina Department of Corrections and Probation shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item "Education Finance Act" shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act.
Section 24-25-40. The Palmetto Unified School District No. 1 shall be under the control and management of a board of nine trustees who shall operate the district under the supervision of the State Department of Corrections and Probation. Four members of the school board shall be appointed by the Director of the Department of Corrections and Probation, four members of the school board shall be appointed by the State Superintendent of Education, and one member of the school board shall be appointed by the Governor. The members of the board shall be appointed for terms of four years each and until their successors are appointed and qualify; except that of those first appointed, the members appointed by the Director of the Department of Corrections and Probation and the members appointed by the State Superintendent of Education shall be appointed for terms of one, two, three and four years, respectively, such terms to be designated by the Director of the Department of Corrections and Probation and the State Superintendent of Education when making such appointments. The member initially appointed by the Governor also shall be appointed for a term of four years. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.
Section 24-25-50. The members of the school board may be removed at any time for good cause by the Director of the Department of Corrections and Probation. The failure of any member of the school board to attend at least three consecutive meetings thereof, unless excused by formal vote of the school board, may be construed by the Director of the Department of Corrections and Probation as a resignation from the school board.
Section 24-25-60. The school board at its first meeting, and every two years thereafter, shall elect a chairman, a vice-chairman and such other officers as it deems necessary who shall serve for two years each and until their successors are elected and qualify. No person may succeed himself as chairman of the board. The school board shall meet at least quarterly and at such other times as may be designated by the chairman. Special meetings may be called by the chairman or by a majority of the members of the board upon at least seventy-two hours notice. Five members of the board shall constitute a quorum at all meetings thereof. The members of the board shall be paid per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.
Section 24-25-70. With the consent and concurrence of the Director of the Department of Corrections and Probation, the board of the school district shall operate as executory agent for the schools under its jurisdiction and shall perform administrative functions as follows:
(1) establish goals and objectives for the operation of the district;
(2) enter into agreements and contracts with other school districts, technical schools, colleges and universities;
(3) establish academic education programs ranging from primary through post high school, as well as special education for the handicapped and mentally retarded;
(4) establish vocational and trade courses as appropriate for preparation for employment;
(5) determine physical facilities needed to carry out all education programs;
(6) review and approve applications for grants, donations, contracts and other agreements from public or private sources;
(7) establish a twelve-month school program and teachers' pay schedule based on the state and average school supplement pay scales;
(8) present an annual educational budget to the Department of Corrections and Probation for submission to the General Assembly. The Department of Corrections and Probation when making its annual budget request shall incorporate as a line item the budget of the district within its request. To the extent permitted by law, any funds which may be appropriated by the General Assembly for the operation of the district shall not prohibit the district from securing any applicable federal funds or other funds which are available.
Section 24-25-80. The duties of the district Superintendent of Education shall include the following:
(1) Identify goals and objectives for all educational services of the district;
(2) Develop policies and procedures for efficient delivery system of such services;
(3) Collect and analyze data necessary for research into planning and evaluation of educational services;
(4) Provide necessary information for preparation of an annual report of the district's operation;
(5) Prepare a separate budget of all necessary costs to be provided to the inmate by the unified school district;
(6) Recommend to the school board plans for the renovations and designation of educational facilities;
(7) Provide all such studies, research and evaluation of the district's operation as the board may request and perform such other duties as it may request.
Section 24-25-90. The superintendent of the district and all other educational personnel shall be employed, supervised, and terminated according to the South Carolina Department of Corrections and Probation's personnel policies and procedures."
SECTION 10. Chapter 26, Title 24 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
Section 24-26-10. (A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:
(1)a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;
(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association.
(B) In addition, there are four nonvoting members of the commission as follows:
(1) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;
(2) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner Director of the Department of Corrections and Probation;
(4) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services.
The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-26-20. The commission has the following duties and responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively.
(b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) recommend appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(6) before January sixteenth of each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan;
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.
Section 24-26-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-26-40. The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities.
Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly.
Section 24-26-60. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."
SECTION 11. Chapter 27, Title 24 of the 1976 Code, as last amended by Act 38 of 1999, if further amended to read:
Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and Probation and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full.
The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.
Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and Probation and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.
Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.
Section 24-27-130. The court may dismiss without prejudice any civil action pertaining to the prisoner's incarceration or apprehension brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter, except as otherwise provided in Section 24-27-150 or 24-27-400.
Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.
Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections and Probation upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:
(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;
(2) testified falsely or otherwise presented false evidence or information to the court;
(3) unreasonably expanded or delayed a proceeding; or
(4) abused the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections and Probation the revocation of work, education, or good conduct credits as set forth in Section 24-27-200.
Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections and Probation in determining whether or not a prisoner's earned work, education, or good conduct credits shall be forfeited.
Section 24-27-300. The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.
Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.
Section 24-27-500. For the purposes of Chapter 32 of Title 1:
(A) A state or local correctional facility's regulation must be considered 'in furtherance of a compelling state interest' if the facility demonstrates that the religious activity:
(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
(B) A state or local correctional facility regulation may not be considered the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public."
SECTION 12. 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, 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, 3;
(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) Cultural and Information Services Division, one;
(k) Division of State Chief Information Officer, one;
(59) Children's Bureau, one RESERVED;
(60) Department of Consumer Affairs, one;
(61) Department of Corrections and Probation, two;
(62) Criminal Justice Academy, one;
(63) Department of Commerce, five;
(64) Employment Security Commission, two RESERVED;
(65) Ethics Commission, one;
(66) Forestry Commission, one; Department of Environment and Natural Resources:
(a) Division of Environmental Control, three
(b) Division of Forestry, one
(c) Division of Natural Resources, four;
(67) Department of Health and Environmental Control, five Human Services:
(a) Division of Administration, one;
(b) Division of Health Services, eleven;
(c) Division of Human Services, five;
(d) Division of Advocacy and Service Coordination;
(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 RESERVED;
(80) Ports Authority, one;
(81) Department of Probation, Parole and Pardon, two RESERVED;
(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 Administration:
(a) Office of State Inspector General
(b) Office of General Services
(c) Division of Human Resources
(d) Office of Energy
(e) Office of Support Services."
SECTION 13. Section 2-48-20 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:
"Section 2-48-20. (A) The Department of Corrections and Probation and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections and Probation, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct, contract to have constructed, or fund all or a portion of the construction costs associated with community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds."
SECTION 14. Section 2-48-30 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:
"Section 2-48-30. (A) Before construction of a community correctional facility by the Department of Corrections and Probation pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections and Probation for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections and Probation. When circumstances warrant, the Department of Corrections and Probation may contract for the construction of these facilities. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections and Probation.
(B) The Department of Corrections and Probation may contract with a county, municipality, or other local governmental or multi-jurisdictional entity to fund all or a portion of the construction costs associated with a community correctional facility if the appropriations are provided by the General Assembly. All other provisions of Chapter 48 and all other applicable statutes apply in respect to this contractual arrangement, except that the title to the land and the title to the facilities are not transferred to the State of South Carolina and neither the land nor the facilities shall become the property of the Department of Corrections and Probation."
SECTION 15. Section 2-48-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 2-48-40. The construction of community correctional facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections and Probation, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local governmental, or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs."
SECTION 16. Section 2-48-60 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:
"Section 2-48-60. Before the construction of a community correctional facility, as authorized pursuant to this chapter, the Department of Corrections and Probation shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity may be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;
(b) provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections and Probation;
(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities."
SECTION 17. Section 9-11-10(23)(b) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(b) an employee after January 1, 2000, of the South Carolina Department of Corrections and Probation or the South Carolina Department of Juvenile Justice who, by the terms of his employment, is a peace officer as defined by Section 24-1-280."
SECTION 18. Section 11-35-710 of the 1976 Code, as last amended by Act 264 of 2000, is further amended to read:
"Section 11-35-710. The board, upon the recommendation of the Office of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures required in this section and for just cause by unanimous written decision limit or may withdraw exemptions provided for in this section. The following exemptions are granted in this chapter:
(1) the construction, maintenance, and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;
(2) the purchase of raw materials by the South Carolina Department of Corrections and Probation, Division Subdivision of Prison Industries;
(3) S.C. State Ports Authority;
(4) Division of Public Railways of the Department of Commerce;
(5) S.C. Public Service Authority;
(6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management and land surveying services;
(7) livestock, feed, and veterinary supplies;
(8) articles for commercial sale by all governmental bodies;
(9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;
(11) published books, periodicals, and technical pamphlets;
(12) South Carolina Research Authority;
(13) the purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections and Probation, Division Subdivision of Prison Industries.
(14) Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."
SECTION 19. Section 14-1-220 of the 1976 Code is amended to read:
"Section 14-1-220. Each city recorder, mayor, or municipal clerk of court or other person who receives monies from the cost of court assessments in criminal or traffic cases in the municipal courts shall transmit all these monies to the Office of State Treasurer. Each county clerk of court, magistrate, or other person who receives monies from the cost of court assessments in general sessions or magistrates courts shall transmit all these monies to the county treasurer of the county. These transmittals must be made no less frequently than once each month, and must be completed on or before the fifteenth day of the month following the month being reported. The municipal clerk of court or county treasurer shall then forward the total sum collected to the State Treasurer on or before the twenty-fifth day of the month. Any municipality in this State may enter into a mutual agreement with the county in which it is located to provide for joint collections and transmittals under those terms and conditions as the respective bodies may agree. In these cases, receipts and transmittals required by this section shall reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all monies from the named sources.
The Department of Corrections and Probation, Parole, and Pardon Services shall deposit with the State Treasurer funds collected from offenders in restitution centers for credit to the same account as funds collected under Section 14-1-210."
SECTION 20. Section 14-1-230 of the 1976 Code is amended to read:
"Section 14-1-230. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and municipal clerks of courts, and the Department of Corrections and Probation, Parole, and Pardon Services shall deposit these monies into a separate and restricted account. Funds deposited to this account shall remain in the account from fiscal year to fiscal year and shall be available to the General Assembly for appropriation to programs established pursuant to Chapter 21 of Title 24."
SECTION 21. Section 15-49-20(E) of the 1976 Code, as added by Act 252 of 2002, is amended to read:
"(E) If a petitioner is in custody of the Department of Corrections and Probation and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department must make the appropriate changes to the petitioner's department record."
SECTION 22. Section 16-3-1260 of the 1976 Code is amended to read:
"Section 16-3-1260. (1) A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article creates a debt due and owing to the State by a person as determined by a court of competent jurisdiction of this State, who has committed the criminal act.
(2) The Circuit Court, when placing on probation a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Corrections and Probation, Parole, and Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 20-7-7805.
(5) Payments authorized or required under this section must be paid to the State Office of Victim Assistance. The Director of the State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections and Probation, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole, and Pardon Services, and the South Carolina Board of Probation, Parole, and Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the State Office of Victim Assistance.
(6) Restitution payments to the State Office of Victim Assistance may be made by the Department of Corrections and Probation from wages accumulated by offenders in its custody who are subject to this article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities."
SECTION 23. Section 16-3-1515(A) of the 1976 Code is amended to read:
"(A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article."
SECTION 24. Section 16-3-1545(A) of the 1976 Code is amended to read:
"(A) The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:
(1) the victim's personal information and supplementary contact information;
(2) an itemization of the victim's economic loss and recovery from any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) identification of psychological services requested or obtained by the victim;
(5) a description of any changes in the victim's personal welfare or family relationships; and
(6) any other information the victim believes to be important and pertinent."
SECTION 25. Section 16-3-1555 of the 1976 Code is amended to read:
"Section 16-3-1555. (A) The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.
(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim's impact statement. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty.
(D) The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, their legal names, current addresses, and telephone numbers.
(E) The prosecuting agency must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections and Probation, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate."
SECTION 26. Section 16-3-1560 of the 1976 Code is amended to read:
"Section 16-3-1560. (A)The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.
(B) The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.
(D) The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44.
(E) The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, until their resolution.
(F) The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings."
SECTION 27. Section 16-17-470(E)(1) of the 1976 Code is amended to read:
"(1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections and Probation or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections and Probation or a county, municipal, or local jail or detention center or correctional facility;"
SECTION 28. Section 17-7-10 of the 1976 Code is amended to read:
"Section 17-7-10. The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post-mortem examination to be conducted to ascertain the cause of death. If any person dies while detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability.
In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed contagious, terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person.
The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections and Probation according to Section 24-9-35."
SECTION 29. Section 17-17-100 of the 1976 Code is amended to read:
"Section 17-17-100. Any judge before whom a petition for a writ of habeas corpus is made by any person confined by the State Board of Department of Corrections and Probation in any of its places of confinement who has been tried and convicted by a court of competent jurisdiction, shall upon issuance of the writ of habeas corpus transfer the matter for hearing to any judge of any court of competent jurisdiction in the county where the person was convicted."
SECTION 30. Section 17-24-20 of the 1976 Code is amended to read:
"Section 17-24-20. If a verdict is returned of 'guilty but mentally ill' the defendant must be sentenced by the trial judge as provided by law for a defendant found guilty, however:
(A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant must first be taken to a facility designated by the Department of Corrections and Probation for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections and Probation to serve the remainder of his sentence.
(B) If the sentence includes a probationary sentence, the judge may impose those conditions and restrictions on the release of the defendant as the judge considers necessary for the safety of the defendant and of the community."
SECTION 31. Section 17-25-45(E) of the 1976 Code is amended to read:
"(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
(1) the Department Division of Corrections requests the Department Division of Probation, Parole, and Pardon Services to consider the person for parole; and
(2) the Department Division of Probation, Parole, and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances."
SECTION 32. Section 17-25-80 of the 1976 Code is amended to read:
"Section 17-25-80. Notwithstanding the specific language of the sentence which confines an inmate to "hard labor" in the custody of the State Department of Corrections and Probation, the Commissioner thereof may assign such inmate to the type of labor he deems appropriate and necessary for the benefit of the Department and the inmate concerned, and such assignment shall fulfill the conditions of the sentence."
SECTION 33. Section 17-25-145 of the 1976 Code is amended to read:
"Section 17-25-145. The Department of Corrections and Probation, Parole, and Pardon Services must implement a community penalties program in each judicial circuit of the State. The Department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the Department."
SECTION 34. Section 17-25-322(C) of the 1976 Code is amended to read:
"(C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Corrections and Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay."
SECTION 35. Section 17-25-324 of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Corrections and Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.
(B) The department shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies."
SECTION 36. Section 17-25-380 of the 1976 Code is amended to read:
"Section 17-25-380. Two copies of the notice shall be served or sent by registered mail to the Director of the Department of Corrections and Probation or his duly appointed officer in charge of the applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows: 'This is to notify you that the sentence of death imposed in the case of State vs. __________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice'.
When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence shall read as follows: 'This is to notify you that the appeal from the sentence of death imposed in the case of State vs. __________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of __________ County'."
SECTION 37. Section 20-7-6845 of the 1976 Code, as last amended by Act 428 of 1998, is further amended to read:
"Section 20-7-6845. The department shall provide institutional services which include, but are not limited to:
(1) providing correctional institutional services for juveniles committed under this article;
(2) managing, operating, and supervising Birchwood, Willow Lane, John G. Richards, and other facilities as the director may establish;
(3) establishing and maintaining residential and nonresidential reception and evaluation centers at which all children committed to its custody by a circuit or family court must be received, examined, and evaluated before assignment to one of its institutions or before other disposition or recommendation is made concerning the child. The commitment of a child to a reception and evaluation center or youth correctional institution of the department may be made only after the child has been adjudicated delinquent. The evaluation conducted by the reception and evaluation centers includes, but is not limited to:
(a) a complete social, physical, psychological, and mental examination;
(b) an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to the person's delinquency;
(c) a determination of the correctional or custodial care that would be most appropriate. The department shall create facilities and employ personnel as will enable the centers to conduct the necessary physical, mental, and psychological examinations required by this section;
(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties and municipalities of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of minimum standards for local detention facilities in South Carolina for the design, construction, and operation of juvenile detention centers. These recognized state standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county and municipal governmental body in this State for the purpose of determining which counties or municipalities anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county and municipal governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's and municipality's ability to develop its own facility or to contract with other counties or municipalities for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county and municipality for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular community who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this article. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pretrial detention who are awaiting disposition in general sessions court, whether they have been waived by the family court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the family court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by general sessions court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county or municipality which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county, municipal, and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.
(5) Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio adequate for custody, control, and supervision, and to provide full coverage of all designated security posts, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County, municipal, and regionally operated facilities shall provide these services to all preadjudicatory juveniles under the jurisdiction of the family court and all pretrial juveniles awaiting general sessions court who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. It shall be the responsibility of the school district where a local detention center which has been approved to detain juveniles is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State. Students housed in approved local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education shall be made accordingly. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855. Special needs students who are detained locally shall have all services required by federal and state laws and regulations.
(6) A county, municipality, or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division Subdivision of the South Carolina Department of Corrections and Probation pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to forty-eight hours, excluding weekends and state holidays. Preadjudicatory juveniles who are subsequently transferred to a juvenile detention center may be housed in a temporary holdover facility when returned to the community for a court appearance. However, the temporary housing shall not exceed forty-eight hours."
SECTION 38. Section 20-7-7810(D) and (E) of the 1976 Code, as last amended by Act 383 of 1996, is amended to read:
"(D) When a child is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child may be committed for an indeterminate period until the child has reached age twenty-one or until sooner released by the Board of Juvenile Parole under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation. If not sooner released by the Board of Juvenile Parole, the juvenile must be released by age twenty-one according to the provisions of the child's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders.
(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation at age nineteen. If not released sooner by the Board of Juvenile Parole, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION 39. Section 20-7-8025 of the 1976 Code, as last amended by Act 383 of 1996, is amended to read:
"Section 20-7-8025. (A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections and Probation, temporarily shall transfer to the custody of the Youthful Offender Division Subdivision a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections and Probation shall receive these children and shall properly care for them. Each child transferred to the Youthful Offender Division Subdivision is subject to all the rules and discipline of the division subdivision. Children transferred to the Youthful Offender Division Subdivision pursuant to this section are under the authority of the division but are subject to release Board of Juvenile Parole.
(B) The Youthful Offender Division Subdivision at least quarterly shall recommend to the parole board possible release of each child transferred to the department or the child's return to institutions of the Department of Juvenile Justice."
SECTION 40. 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 Office of Mental Health, and the Department of Corrections and Probation, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order."
SECTION 41. Section 23-3-120(C) of the 1976 Code, as last amended by Act 396 of 2000, is further amended to read:
"(C) The Department of Corrections and Probation and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."
SECTION 42. Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections and Probation after completion of the term of imprisonment, or being placed on parole, the Department of Corrections and Probation or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections and Probation shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections and Probation shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Corrections and Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Corrections and Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Corrections and Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
SECTION 43. 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 and Probation, 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 44. Section 23-4-110 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 23-4-110. There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads are ex officio voting members:
(A) Commissioner Director, South Carolina Department of Corrections and Probation;
(B) Executive Director, South Carolina Department of Probation, Parole, and Pardon Services;
(C)(B) Chief, State Law Enforcement Division;
(D)(C) State Attorney General;
(E)(D) Commander, State Highway Patrol;
(F)(E) Commissioner, South Carolina Department of Youth Services;
(G)(F) Director, South Carolina Office of Court Administration;
(H)(G) Chief Justice, South Carolina Supreme Court;
(I)(H) Director, South Carolina Commission on Alcohol and Drug Abuse;
(J)(I) Executive Director, South Carolina Criminal Justice Academy;
(K)(J) Chairman, Governor's Juvenile Justice Advisory Council.
The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs shall serve as the executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs."
SECTION 45. Section 23-4-520(B) of the 1976 Code is amended to read:
"(B) To analyze South Carolina's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the office shall draw upon the planning capabilities of other agencies such as the Judicial Department, the Department of Corrections and Probation, the Department of Youth Services, the Office of the Attorney General and the State Law Enforcement Division;"
SECTION 46. Section 23-6-410 of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"Section 23-6-410. The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections and Probation may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety."
SECTION 47. Section 23-6-420 of the 1976 Code, as last amended by Act 396 of 2000, is further amended to read:
"Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fifteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director Head of the Department Division of Natural Resources;
(5) the Director of the Department of Corrections and Probation;
(6) the Director of the Department of Probation, Parole and Pardon Services;
(7)(6) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;
(8)(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(9)(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(10)(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(11)(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12)(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(13)(12) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(14)(13) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; and
(15)(14) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.
(B)(1) The members provided for in (1) through (8)(7) above are ex officio members with full voting rights.
(2) The members provided for in (9)(8) through (15) above serve terms as provided in subsection (A). If a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) The Director of the Department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without compensation.
(E) An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds."
SECTION 48. Section 23-6-440(5)(b) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"(b). evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections and Probation) in any county with a prison system that borders another state may hold a valid current driver's license issued by any jurisdiction of the United States;"
SECTION 49. Section 23-25-20(B)(3) of the 1976 Code is amended to read:
"(3) the Director of the Department of Corrections and Probation;"
SECTION 50. Section 23-31-140(D) of the 1976 Code is amended to read:
"(D) The provisions of subsection (C) do not apply to (1) a law enforcement agency provided that the conditions of subsection (E) are met, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the State Department of Corrections and Probation, (4) a private security company licensed to do business within this State, or (5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the Division. The application must be signed by the dealer effecting the sale and must contain such information as may be required by the division."
SECTION 51. Section 40-7-340 of the 1976 Code is amended to read:
"Section 40-7-340. (A) Notwithstanding any other provision of this chapter, the board may issue special certificates of registration as an apprentice barber to an inmate in the custody of the State Department of Corrections and Probation who:
(1) complies with Section 40-7-230(B), having completed the required number of hours in a barber school or college approved by the board; and
(2) has been sentenced:
(a) under the Youthful Offender Act and has served at least nine months of the sentence; or
(b) to a determinant sentence and is eligible for release or parole consideration within one hundred twenty days.
(B) These certificates are valid for one hundred twenty days and may be renewed at the discretion of the board."
SECTION 52. Section 40-11-360(A)(9) of the 1976 Code is amended to read:
"(9) Renovations and maintenance projects of the South Carolina Department of Corrections and Probation whereby all labor is supplied from that department's own labor forces."
SECTION 53. Section 40-33-770(2) of the 1976 Code is amended to read:
"(2) public schools and the Department of Juvenile Justice and Department of Corrections and Probation institutions and facilities if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications."
SECTION 54. 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 and Probation, South Carolina Department Bureau of Health and Environmental Control Programs, State Department Office of Mental Health, and Department Office 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 55. Section 42-1-480 of the 1976 Code is amended to read:
"Section 42-1-480. Any inmate of the State Department of Corrections and Probation, 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 Probation 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 and Probation for confinement. An inmate who has been sentenced to the Department of Corrections and Probation 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 and Probation for purposes of this section.
This section shall not apply to patients of the South Carolina Department Office of Mental Health 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 56. Section 42-1-505 of the 1976 Code is amended to read:
"Section 42-1-505. The Department of Corrections and Probation, Parole, and Pardon Services may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this section, the Department is considered the employer for those persons under its custody or supervision performing public service employment."
SECTION 57. Section 42-7-65(5) of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:
"(5) for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), (3), (4), and (5) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), (4), and (5) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.
Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved and funded by the governing body of the entity using his services as a voluntary state constable. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.
The average weekly wage for inmates of the State Department of Corrections and Probation as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."
SECTION 58. Section 43-31-160 of the 1976 Code, as last amended by Act 96 of 2001, is further amended to read:
"Section 43-31-160. In addition to the duties of the Department Bureau of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections and Probation when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment."
SECTION 59. Section 44-48-40(B) of the 1976 Code is amended to read:
"(B) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections and Probation or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections and Probation shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release."
SECTION 60. Section 44-48-50 of the 1976 Code is amended to read:
"Section 44-48-50. The Director of the Department of Corrections and Probation 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 and Probation;
(2) a representative from the Department of Probation, Parole, and Pardon Services;
(3)(2) a representative from the Department Office of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4)(3) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5)(4) the Chief Attorney of the Office of Appellate Defense or his designee.
The Director of the Department of Corrections and Probation or his designee shall be the chairman of the team."
SECTION 61. Section 59-63-370(1) of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-370 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 is assigned to the Department of Juvenile Justice, or to the Department of Corrections and Probation, or to the Department of Probation, Parole, and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from a student convicted of or adjudicated delinquent for an offense listed in this item."
SECTION 62. Section 59-101-350(B) of the 1976 Code, as last amended by Act 38 of 2001, is further amended to read:
"(B) Each four-year, post-secondary institution shall submit to the commission the following information for inclusion in the report, with the South Carolina Department of Corrections and Probation's students identified and reported separately:
(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;
(2) the number and percentage of undergraduate and graduate students who completed their degree program;
(3) the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate assistants;
(4) the percent and number of students enrolled in remedial courses and the number of students exiting remedial courses and successfully completing entry-level curriculum courses;
(5) the percent of graduate and upper division undergraduate students participating in sponsored research programs;
(6) placement data on graduates;
(7) the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years;
(8) the percent of graduate students who received undergraduate degrees at the institution, within the State, within the United States, and from other nations;
(9) the number of full-time students who have transferred from a two-year, post-secondary institution and the number of full-time students who have transferred to two-year, post-secondary institutions;
(10) student scores on professional examinations with detailed information on state and national means, passing scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each exam;
(11) assessment information for the institution's Title II of the federal Higher Education Act of 1998 report that collects and analyzes data on applicant qualifications and the performance of the candidates and graduates;
(12) appropriate information relating to each institution's role and mission to include policies and procedures to ensure that academic programs support the economic development needs in the State by providing a technologically skilled workforce;
(13) any information required by the commission in order for it to measure and determine the institution's standard of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30."
SECTION 1. Chapter 3, Title 59 of the 1976 Code is amended by adding:
"Section 59-3-5. The Superintendent of Education must be appointed by the Governor upon the advice and consent of the Senate. The superintendent shall serve at the pleasure of the Governor. The superintendent must be a member of the Governor's executive cabinet subject to removal from office by the Governor pursuant to Section 1-3-240. Before entering upon the duties of his office the superintendent shall give bond for the use of the State in the penal sum of five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faithful and impartial performance of the duties of his office. The superintendent shall file the bond with the Secretary of State, who shall record the bond and file it with the State Treasurer."
SECTION 2. Sections 59-3-10 and 59-3-20 of the 1976 Code are repealed.
SECTION 3. Section 1-1-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-1-110. The executive department of this State is hereby declared to must consist of the following officers, that is to say: the Governor, and Lieutenant Governor, the Secretary of State, the State Treasurer, and the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture, and the Director of the Department of Insurance."
SECTION 4. Section 1-1-1210 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 1-1-1210. (A) The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
(B) These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
(C) A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
SECTION 5. Chapter 5, Title 59 of the 1976 Code is amended to read:
Section 59-5-5. The powers and duties provided by law for the State Board of Education are devolved upon the State Superintendent of Education.
Section 59-5-10. (RESERVED)
Section 59-5-20. (RESERVED)
Section 59-5-30. (RESERVED)
Section 59-5-40. (RESERVED)
Section 59-5-50. (RESERVED)
Section 59-5-60. The State Board Superintendent of Education shall have the power to:
(1) Adopt policies, rules, and regulations not inconsistent with the laws of the State for its own government and for the government of the free public schools.
(2) Annually approve budget requests for the institutions, agencies, and service under the control of the Board superintendent as prepared by the State Superintendent of Education prior to before being submitted to the Budget and Control Board and to the General Assembly.
(3) Adopt minimum standards for any phase of education as are considered necessary to aid in providing adequate educational opportunities and facilities.
(4) Prescribe and enforce rules for the examination and certification of teachers.
(5) Grant State teachers' certificates and revoke them for immoral or unprofessional conduct, or evident unfitness for teaching.
(6) Prescribe and enforce courses of study for the free public schools.
(7) Prescribe and enforce the use of textbooks and other instructional materials for the various subjects taught or used in conjunction within the free public schools of the State, both high schools and elementary schools in accordance with the courses of study as prepared and promulgated by the Board superintendent.
(8) Appoint such committees and such members of committees as may be required or as may be desirable to carry out the orderly function of the Board superintendent.
(9) Cooperate fully with the State Superintendent at all times to the end that the State system of public education may constantly be improved.
(10) Assume such other responsibilities and exercise such other powers and perform such other duties as may be assigned to it by law or as it may find necessary to aid in carrying out the purpose and objectives of the Constitution of the State.
Section 59-5-61. The State Board Superintendent of Education shall through local school districts and area vocational centers establish, maintain, and operate secondary occupational vocational education courses for secondary school students in public schools in accordance with pursuant to guidelines and standards established by the Board superintendent and in accordance with pursuant to federal laws pertaining to vocational education. The Board shall superintendent also shall approve all secondary occupational vocational education courses.
Section 59-5-63. The State Board Superintendent of Education shall promulgate regulations directing the principal of each elementary school having grades one through six to develop and implement a plan which shall equitably apportion lunchroom duty among the teachers so that each teacher has as many duty free lunch periods as may be reasonable in order to insure the safety and welfare of students and staff. The implementation of the plan shall may not impose additional costs on the school districts. The regulations shall must direct that the plan be in effect for the 1984-85 school year.
Section 59-5-65. The State Board Superintendent of Education shall have the power and responsibility to:
(1) Establish on or before August 15, 1985, regulations prescribing minimum standards of conduct and behavior that must be met by all pupils as a condition to the right of pupils to attend the public schools of the State. The rules shall must take into account the necessity of proper conduct on the part of all pupils in order that the welfare of the greatest possible number of pupils shall be is promoted notwithstanding that the rules may result in suspension or expulsion of pupils, provided, however, that disciplinary procedures shall must be in compliance with Public Law 94-142.
(2) Promulgate on or before by August 15, 1985, regulations prescribing a uniform system of minimum enforcement by the various school districts of the rules of conduct and behavior.
(3) Promulgate rules prescribing scholastic standards of achievement. The rules shall must take into account the necessity for scholastic progress in order that the welfare of the greatest possible number of pupils shall be is promoted. School districts may impose additional standards of conduct and may impose additional penalties for the violation of such the standards of behavior, provided, however, that disciplinary procedures shall must be in compliance with Public Law 94-142;
(4) Establish on or before by July 1, 1985, regulations prescribing a uniform system of enforcement by the various school districts of the state compulsory attendance laws and regulations promulgated pursuant to Section 59-65-90.
(5) Promulgate regulations to ensure that all secondary schools, with the exception of vocational schools and secondary schools whose enrollment is entirely handicapped, offer a clearly defined college preparatory program as specified by the State Board Superintendent of Education.
(6) Promulgate regulations to ensure that each school district in its secondary school or vocational center shall establish clearly defined vocational programs designed to provide meaningful employment.
(7) By January 1, 1986, establish criteria for promotion of students to the next higher grade.
In grades 1, 2, 3, 6, and 8, a student's performance on the Basic Skills Test of reading shall constitute twenty-five percent of the assessment of his achievement in reading and his performance on the Basic Skills Test of mathematics shall constitute twenty-five percent of the assessment of his achievement in mathematics. The State Board Superintendent of Education shall specify other measures of student performance in each of these subjects which shall constitute the remaining seventy-five percent of the student's assessment.
Any student who fails to meet the criteria established by the Board superintendent for promotion to the next higher grade must be retained in his current grade or assigned to a remedial program in the summer or in the next year. Students assigned to the remedial program must meet the minimum criteria established by the Board superintendent for his current grade at the conclusion of the remedial program to be promoted to the next higher grade. All handicapped students as defined by federal and state statutes and regulations are subject to the provisions of this section unless the student's individual education plan (IEP) as required by Public Law 94-142 defines alternative goals and promotion standards.
Nothing in this subitem shall prohibit the governing bodies of the school districts of this State from establishing higher standards for the promotion of students.
(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures.
(9) [Deleted]
(10) Adopt guidelines whereby so that the secondary schools of this State shall emphasize teaching as a career opportunity.
(11) Adopt policies and procedures for the local school districts to follow whereby so that:
(a) Regular conferences between parents and teachers are encouraged.
(b) Each school has active parent and teacher participation on the School Improvement Council and in parent-teacher groups.
(c) Parenting classes and seminars are made readily available in every school district.
(12) Adopt policies and procedures to accomplish the following:
(a) Have school personnel encourage advice and suggestions from the business community.
(b) Have business organizations encourage their members to become involved in efforts to strengthen the public schools.
(c) Encourage all schools and businesses to participate in adopt-a-school programs.
(d) Encourage statewide businesses and their organizations to initiate a Public Education Foundation to fund exemplary and innovative projects which that support improvement in the public schools.
(13) Adopt policies and procedures to accomplish the following:
(a) Expand school volunteer programs.
(b) Encourage civic and professional organizations to participate in local adopt-a-school programs.
(14) Work with the leadership network established pursuant to Section 59-6-16.
(15) Develop by regulation a model safe schools checklist to be used by school districts on a regular basis to assess their schools' safety strengths and weaknesses. The checklist must include:
(a) the existence of a comprehensive safety plan;
(b) communication of discipline policies and procedures;
(c) intraagency and interagency emergency planning;
(d) recording of disruptive incidents;
(e) training of staff and students;
(f) assessment of buildings and grounds;
(g) procedures for handling visitors;
(h) assignment of personnel in emergencies;
(i) emergency communication and management procedures; and
(j) transportation rules and accident procedures.
(16) Consult with the Department of Agricultural Education of Clemson University at all steps in the development of any state plan prepared to satisfy any federal requirement related to the Carl Perkins Vocational and Applied Technology and Education Act or any successor federal law, including, but not limited to, the allocation or distribution of funds under pursuant to this federal act.
Section 59-6-67. (A) The State Department of Education shall provide for continuous training for district personnel to operate the computers provided and for continuous selection and evaluation of software.
(B)The State Board Superintendent of Education, acting through the State Department of Education, shall establish and administer a competitive grant program whereby so that teachers will be awarded grants for the purpose of improving teaching practices and procedures within the budgetary limitations authorized by the General Assembly. The respective local school districts shall act as the fiscal agent for the grants. For purposes of this section the term "teacher" includes teachers, librarians, guidance counselors, and media specialists.
Section 59-5-68. The General Assembly finds that given the fact the State provides substantial financial academic assistance to students of the State based on cumulative grade point averages and districts currently use a variety of grading scales, it is in the best interest of the students of South Carolina for a uniform grading scale to be developed and adopted by the State Board Superintendent of Education to be implemented in all public schools of the State. Therefore, the State Board Superintendent of Education is directed to establish a task force comprised of superintendents, principals, teachers, and representatives of school boards and higher education no later than June 30, 1999. The task force shall make recommendations to the board superintendent including, but not limited to, the following: consistent numerical breaks for letter grades; consideration of standards to define an honors course; appropriate weighting of courses; and determination of courses and weightings to be used in the calculation of class rank. The task force shall report its findings to the State Board Superintendent of Education no later than December 1, 1999. The State Board Superintendent of Education shall then adopt and school districts of the State shall begin using the adopted grading scale no later than the 2000-2001 school year.
Section 59-5-69. The State Board Superintendent of Education and the Commission on Higher Education in performing the duties and responsibilities assigned to them in the South Carolina Education Improvement Act of 1984 are authorized to promulgate regulations necessary to implement these provisions.
Section 59-5-70 (A) The board may superintendent, in its discretion, may designate one or more of its members to conduct any a hearing in connection with any responsibility of the board superintendent and to make a report on any such the hearing to the board superintendent for its determination.
(B) The board superintendent in its discretion may also designate a hearing officer for the purpose of hearing matters relating to the suspension or revocation of teacher certificates. The hearing officer shall then make a recommendation to the board superintendent for final action.
Section 59-5-71. The General Assembly declares that it is in the best interest of the students of South Carolina for a uniform beginning date for the annual school term to be developed and adopted by the State Board Superintendent of Education to be implemented in all the public schools of the State. Therefore, the State Board Superintendent of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board superintendent including, but not limited to, the desirability of and if agreed upon a suggested uniform beginning date for the annual school term. The task force shall report its findings to the State Board Superintendent of Education no later than October 15, 2002.
Section 59-5-75. The State Board Superintendent of Education shall review and make any necessary revisions to regulations to define the criteria for an out-of-field permit and for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification.
Section 59-5-85. (A) The State Board Superintendent of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall must be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001. The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures. At least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.
(B) Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall must include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program.
Section 59-5-90. All powers and duties provided by law for the State Educational Finance Commission and the State Schoolbook Commission are hereby devolved upon the State Board Superintendent of Education.
Section 59-5-95. The State Board Superintendent of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall must be a continuing body, shall include representatives of professional organizations, and shall:
(1) review the state's academic standards in the four core academic areas and current teaching courses;
(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;
(3) establish syllabi to guide the development of high quality teacher preparation courses; and
(4) develop assessments to determine the strengths and weaknesses of the curriculum.
Section 59-5-100. The Board Superintendent of Education, as successor to the State Educational Finance Commission, shall:
(1) disburse such funds as are provided by the General Assembly and shall have such further powers as are committed to it by this Title.; It shall
(2) promote the improvement of the school system and its physical facilities.; It shall
(3) make plans for the construction of necessary public school buildings.; It shall
(4) make surveys incident to the acquisition of sites for public schools.; It shall
(5) seek the more efficient operation of the pupil transportation system.; It shall
(6) effect desirable consolidations of school districts throughout the entire State; and it shall (7) make provision for the acquisition of such further facilities as may be necessary to operate the public school system in an efficient manner.
Section 59-5-110. As soon as practicable the Board Superintendent of Education, as successor to the State Educational Finance Commission, shall make a survey of the entire school system, which shall set forth the needs for new construction, new equipment, new transportation facilities and such other improvements as are necessary to enable all children of the State to have adequate and equal educational advantages.
Section 59-5-120. The Board Superintendent of Education, as successor to the State Educational Finance Commission, shall prescribe and promulgate, in the manner provided by law, reasonable rules and regulations to carry out the provisions of Sections 59-5-100 and 59-5-110, Chapter 21 of this Title, Article 3 of Chapter 67 of this Title and Articles 1 and 5 of Chapter 71 of this Title and such rules and regulations shall have the full force and effect of law.
Section 59-5-130. It shall be unlawful for any member of the Board to make any contract or to be pecuniarily interested in any contract or otherwise make a profit from any contract with the State Board of Education. Any member violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned not less than three months nor more than twelve months, or both. He shall also forfeit the amount of such claim or of his interest in such claim. The violation of this section shall constitute sufficient cause for removal of the member from office. (RESERVED)
Section 59-5-135. (A) The General Assembly finds that:
(1) reading is the most important academic skill and the basis for success in school and work;
(2) test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and
(3) it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.
(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.
(C) The State Board Superintendent of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year.
Section 59-5-140. Academic and vocational training provided by the South Carolina Opportunity School, the John De La Howe School and the South Carolina School for the Deaf and Blind, shall meet standards prescribed by the State Board Superintendent of Education based upon standards prescribed by the South Carolina Department of Education for the academic and vocational programs of these schools. The Board superintendent may prescribe such additional requirements as it may from time to time deem considers necessary. The State Superintendent of Education will administer the standards related to the high school and elementary school programs. Reports from the State Department of Education, evaluating the education program at such institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the board of each institution at regularly scheduled meetings. Such State Department of Education supervisory personnel as deemed appropriate shall may be utilized for evaluating the programs and reporting to each board.
Section 59-5-150. The State Board Superintendent of Education shall initiate an award program to recognize business and industries, civic organizations, school improvement councils, and individuals contributing most significantly to public education."
SECTION 6. Subsections (A) and (B) of Section 9-1-1795 of the 1976 Code, as last amended by Act 393 of 2000, are further amended to read:
"(A) A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system if the retired member is a certified teacher and is employed by a school district to teach in the classroom in his area of certification in a critical academic need area or geographic need area as defined by the State Board Superintendent of Education.
(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired member is available for employment in the position, and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before May thirty-first of each year. After approval is received from the Department of Education, school districts must notify the State Board Superintendent of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION 7. Section 10-1-110 of the 1976 Code is amended to read:
"Section 10-1-110. Where bids are received as a result of advertisement for the construction of public buildings to be built with funds furnished by the State Board Superintendent of Education and the lowest bid is rejected and another accepted, any contract based on the bid shall be subject to the approval of the State Board Superintendent of Education."
SECTION 8. Section 20-7-6855(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(C) Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State.
Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled "Education Finance Act." The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."
SECTION 9. Section 24-25-30 of the 1976 Code is amended to read:
"Section 24-25-30. Academic and vocational training provided by the Palmetto Unified School District No. 1 shall meet standards prescribed by the State Board Superintendent of Education, for the academic and vocational programs of these schools. The State Superintendent of Education shall administer the standards relating to the educational programs of the district. Reports shall be made by the State Department of Education to the Board Superintendent of Trustees indicating the degree of compliance with the standards prescribed by the State Board Superintendent of Education at least annually. Such State Department of Education supervisory personnel as deemed appropriate by the Department shall be utilized for evaluating the programs of the district and reporting to the district board."
SECTION 10. Section 24-25-35 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
"Section 24-25-35. The Palmetto Unified School District 1 of the South Carolina Department of Corrections and Probation shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item 'Education Finance Act' shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."
SECTION 11. Section 34-28-540(1)(j) of the 1976 Code is amended to read:
"(j) obligations issued by the State Board Superintendent of Education under authority of the Constitution of this State or by law;"
SECTION 12. Section 40-33-530 of the 1976 Code is amended to read:
"Section 40-33-530. Each applicant shall furnish evidence satisfactory to the Board Superintendent that he is at least eighteen years of age, has completed at least four years of work in a high school accredited by the State Board Superintendent of Education in the state in which the school is located or the equivalent of such work, satisfactory evidence of which must be furnished to the Board Superintendent, has completed a course of study in an approved nursing education program, and has met other preliminary qualification requirements as the Board Superintendent may prescribe. The Board Superintendent may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct."
SECTION 13. Section 56-1-176(A)(2)(a) of the 1976 Code , as last amended by Act 181 of 2002, is further amended to read:
"(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board Superintendent of Education, as applicable; and"
SECTION 14. Section 56-5-190 of the 1976 Code is amended to read:
"Section 56-5-190. Every motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board Superintendent of Education Regulations and Specifications Pertaining to School Buses which is used to transport children to or from public school or in connection with school activities, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a 'school bus'."
SECTION 15. Section 59-1-40 of the 1976 Code is amended to read:
"Section 59-1-40. The State system of public education shall consist of such school systems, schools, institutions, agencies, services, and types of instruction as may be provided and authorized by law, or by rules and regulations of the State Board Superintendent of Education within limits prescribed by law."
SECTION 16. Sections 59-1-170 and 59-1-180 of the 1976 Code are amended to read:
"Section 59-1-170. 'State Board superintendent' means State Board Superintendent of Education.
Section 59-1-180. 'State Educational Finance Commission' means the State Board Superintendent of Education."
SECTION 17. Section 59-1-320 of the 1976 Code is amended to read:
"Section 59-1-320. The State Board Superintendent of Education shall make such rules and regulations, not inconsistent with the National Flag Code, for the display of the flag of the United States of America and for the display of the flag of the State at public schools. The person at the head of any public school in the State shall display the flag of the United States and the flag of the State at such times and at such places under such restrictions and rules as may be adopted by the State Board Superintendent of Education."
SECTION 18. Section 59-1-400(C) of the 1976 Code is amended to read:
"(C) School districts shall report to the State Board Superintendent of Education costs incurred in implementing subsection A of this section. The State Department of Education shall report the assembled cost data to the State Budget and Control Board."
SECTION 19. Sections 59-1-445 through 59-1-448 of the 1976 Code are amended to read:
"Section 59-1-445. (1) It is unlawful for anyone knowingly and wilfully to violate security procedures regulations promulgated by the State Board Superintendent of Education for mandatory tests administered by or through the State Board Superintendent of Education to students or educators, or knowingly and wilfully to:
(a) Give examinees access to test questions prior to testing;
(b) Copy, reproduce, or use in any manner inconsistent with test security regulations all or any portion of any secure test booklet;
(c) Coach examinees during testing or alter or interfere with examinees' responses in any way;
(d) Make answer keys available to examinees;
(e) Fail to follow security regulations for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;
(f) Participate in, direct, aid, counsel, assist in, encourage, or fail to report any of the acts prohibited in this section.
Any person violating the provisions of this section or regulations issued hereunder is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both. Upon conviction, the State Board Superintendent of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
(2) The South Carolina Law Enforcement Division shall investigate allegations of violations of mandatory test security, either on its own initiative following receipt of allegations, or at the request of a school district or the State Department of Education.
The South Carolina Law Enforcement Division shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.
(3) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board Superintendent of Education or the State Department of Education in test development or selection, test-form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.
Section 59-1-447. The State Board Superintendent of Education shall by regulation establish detailed mandatory test security procedures.
Section 59-1-448. No funds appropriated by the General Assembly may be used to raise the salaries of public school principals or public vocational school directors to meet the requirements of any regulation promulgated by the State Board Superintendent of Education establishing a minimum differential between the salaries of teachers and the salaries of public school principals or public vocational school directors on less than a monthly basis."
SECTION 20 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 Superintendent 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 Superintendent 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 Superintendent 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 Superintendent of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department Bureau of Health and Environmental Control Programs, 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 Superintendent 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 Bureau of Health and Environmental Control Programs, the Department Bureau of Social Services, the South Carolina State Library, and the Department of 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 Secretary of the Department of Health and Human Services 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 Division of Health and Environmental Control Programs, 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 21. Section 59-1-452 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-1-452. The Public School Employee Cost Savings Program is established for the purpose of making cash awards to individual school district employees for cost saving ideas which are proven to be workable. The program must be administered by the State Department of Education with the advice and assistance of a special committee to screen suggested ideas and recommend those with potential merit to be implemented and evaluated. The committee must be composed of:
(1) one member who is serving on a public school board, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina School Boards Association;
(2) one member who is serving as a public school superintendent, or district financial administrator, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina Association of School Administrators;
(3) one member who is serving as a public school principal, vocational center director, or school administrator, appointed by the State Board Superintendent of Education;
(4) one public school teacher with a minimum of fifteen years service, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina Education Association;
(5) one public school teacher with a minimum of fifteen years service, appointed by the State Board Superintendent of Education upon the recommendation of the Palmetto State Teachers Association;
(6) two members appointed by the State Superintendent of Education; and
(7) five private sector business persons, who hold no public office, one appointed by the Governor, one appointed by the Chairman of the Senate Finance Committee, one appointed by the Chairman of the House Ways and Means Committee, one appointed by the Chairman of the House Education and Public Works Committee, and one appointed by the Chairman of the Senate Education Committee.
Committee members shall serve three-year terms except that of those initially appointed, four shall serve initial terms of one year, four shall serve initial terms of two years, and four shall serve initial terms of three years, these initial terms to be determined by lot at the first meeting of the committee. Members of the committee must not serve on the Education Improvement Act Education Oversight Committee, the Business-Education Partnership for Excellence in Education, or the Business-Education Subcommittee while serving on the committee created under this section. Committee members must attend at least eighty percent of the meetings of the committee in each fiscal year or be replaced. Vacancies must be filled in the manner of original appointment.
The State Board superintendent shall promulgate regulations and establish procedures to administer the program. The regulations shall limit individual cash awards to twenty-five percent of the cost savings for one fiscal year or five thousand dollars, whichever is less. No employee may receive an award for an idea which could have been implemented by the employee through his normal job duties. Employees of the State Department of Education may participate in the program.
The State Department of Education shall provide administrative support for the program. The State Board Superintendent of Education shall waive or modify its regulations when appropriate and necessary to achieve cost savings.
The General Assembly shall provide funds to initiate and support the program. Two years after initial implementation of the program, the program must be self-supporting. It is the intent of the General Assembly that the funds appropriated for this program will then be used for assessing the impact of the programs developed under Target 2000."
SECTION 22. Section 59-3-30 of the 1976 Code is amended to read:
"Section 59-3-30. The State Superintendent of Education shall:
(1) Serve as secretary and administrative officer to the State Board Superintendent of Education.
(2) Have general supervision over and management of all public school funds provided by the State and Federal Governments.
(3) Organize, staff and administer a State Department of Education which shall include such division and departments as are necessary to render the maximum service to public education in the State.
(4) Keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by his personal appearances at public gatherings and by information furnished to the various news media of the State.
(5) Have printed and distributed such bulletins, manuals, and circulars as he may deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and have printed all forms necessary and proper for the administration of the State Department of Education.
(6) Administer, through the State Department of Education, all policies and procedures adopted by the State Board Superintendent of Education.
(7) Assume such other responsibilities and perform such other duties as may be prescribed by law or as may be assigned by the State Board Superintendent of Education."
SECTION 23. Section 59-3-60(9) of the 1976 Code is amended to read:
"(9) Such other statistical information as he may deem important, together with such plans as he may have matured and the State Board Superintendent of Education may have recommended for the management and improvement of the school fund and for the more perfect organization and efficiency of the free public schools.
All State institutions of higher learning shall make an annual report on or before the first day of September of each year to the State Superintendent of Education, embracing a detailed account of the operations of such institutions, including the expenditure of the public moneys for the current scholastic year. The State Superintendent of Education shall include such reports in his annual report to the General Assembly."
SECTION 24. Section 59-6-10(A)(3) of the 1976 Code, as last amended by Act 327 of 2002, is further amended to read:
"(3) report annually to the General Assembly, State Board Superintendent of Education, and the public on the progress of the programs;"
SECTION 25. Section 59-6-16 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-6-16. The State Board Superintendent of Education in consultation with the Business-Education Subcommittee shall appoint a leadership network of representatives from the private sector. The leadership network shall assist the State Board Superintendent of Education business-education partnership program by:
(1) promoting business-education partnerships,
(2) evaluating business-education partnerships,
(3) disseminating the benefits of business-education partnerships, and
(4) formulating recommendations on goals and activities for the business-education partnership program. The leadership network shall meet at least quarterly and make regular reports to the Business-Education Subcommittee, State Board Superintendent of Education, and Education Oversight Committee."
SECTION 26. Sections 59-6-20 and 59-6-30 of the 1976 Code, both as last amended by Act 400 of 1998, are further amended to read:
"Section 59-6-20. The State Board Superintendent of Education and State Superintendent of Education must establish within the State Department of Education a special unit at the division level called the Public Accountability Division. This special unit must be eliminated on July 1, 1991. The unit head shall hold a position comparable to a deputy superintendent and must be under the direct supervision of and shall report to the State Superintendent of Education.
The deputy superintendent must provide all reports to the Governor, Education Oversight Committee, Business-Education Partnership for Excellence in Education, Business-Education Subcommittee, and State Board Superintendent of Education, and respond to any inquiries for information.
The Business-Education Subcommittee shall serve as a screening committee for the selection of the unit head. The screening committee shall recommend for consideration three applicants. Final selection of the unit head must be made by the State Superintendent of Education after consulting with the Governor. All other positions must be filled following current state personnel and State Department of Education employment procedures.
The new unit is responsible for planning, monitoring, and reviewing programs developed under the Education Improvement Act and shall provide information, recommendations, and an annual assessment of the Education Improvement Act to the Governor, Education Oversight Committee, and Business-Education Subcommittee.
The operating procedures for the new unit are the same as the operating procedures for the three established divisions in the State Department of Education. The Business-Education Subcommittee shall review and approve all products produced by the new unit and make recommendations to the State Board Superintendent of Education for final approval.
Section 59-6-30. The State Board Superintendent of Education shall provide an assessment of the South Carolina Education Improvement Act of 1984 for consideration by the Business-Education Subcommittee and the General Assembly. A special assessment shall be provided on March 1, 1985. Commencing in 1985, an annual assessment must be provided by December first of each year and an appropriate amount of funding must be provided for this purpose. The Business-Education Subcommittee shall provide a report on the assessment to the Business-Education Partnership, and the partnership shall submit its recommendations to the General Assembly prior to February first. The staff of the Business-Education Subcommittee shall serve as the primary staff to the Business-Education Partnership and may solicit the assistance of the staffs of the House Education and Public Works Committee, the Senate Education Committee, the Education Oversight Committee, the Public Accountability Division, and the Governor's Office."
SECTION 27. Sections 59-6-110 and 59-6-120 of the 1976 Code, both as added by Act 400 of 1998, are amended to read:
"Section 59-6-110. The division must examine the public education system to ensure that the system and its components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or modification of statutes, policies, and rules that deter school improvement. The division must provide annually its findings and recommendations in a report to the Education Oversight Committee no later than February first. The division is to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts and:
(1) monitor and evaluate the implementation of the state standards and assessment;
(2) oversee the development, establishment, implementation, and maintenance of the accountability system;
(3) monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices and report annually its findings and recommendations in a report to the commission no later than February first of each year; and
(4) perform other studies and reviews as required by law.
The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability. It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any legislation. In the performance of its duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties regarding confidentiality of records as they apply to students, schools, school districts, the Department of Education, and the Board Superintendent of Education.
Section 59-6-120. The State Department of Education, the State Board Superintendent of Education, and the school districts and schools shall work collaboratively with the Division of Accountability to provide information needed to carry out the responsibilities and duties of its office. The Division of Accountability may call on the expertise of the state institutions of higher learning and any other public agencies for carrying out its functions and may coordinate and consult with existing agency and legislative staff."
SECTION 28. Section 59-13-20 of the 1976 Code is amended to read:
"Section 59-13-20. The person appointed as administrative officer to the board of education and the person appointed superintendent of any school district shall meet the qualifications required and possess the superintendent certificate issued by the State Board Superintendent of Education.
The board of education of any county and the board of trustees of any school district, however, may impose any additional qualifications which it may deem proper. This section shall not affect any person presently serving as county or district superintendent of education."
SECTION 29. Section 59-13-40 of the 1976 Code is amended to read:
Section 59-13-40. The State Board Superintendent of Education shall, except as otherwise expressly provided, fill all vacancies in the office of county superintendent of education for the unexpired term."
SECTION 30. Section 59-13-60 of the 1976 Code is amended to read:
"Section 59-13-60. Each county and district superintendent of education shall assume such responsibilities and perform such duties as may be prescribed by law or by rules and regulations of the State Board Superintendent of Education or as may be assigned or prescribed by the county board of education or the district board of trustees."
SECTION 31. Section 59-13-120 of the 1976 Code is amended to read:
"Section 59-13-120. Any teacher, principal or superintendent employed in the schools of this State, supported in whole or in part at public expense, shall file within two weeks after the close of the session of such school a full and accurate report as required by law. Any person neglecting, refusing or omitting to file such report when requested by the county superintendent of education shall be liable to the cancellation of his certificate to teach by the State Board Superintendent of Education and to a fine of not more than twenty-five dollars to be imposed at the discretion of the county board of education."
SECTION 32. Section 59-13-140 of the 1976 Code is amended to read:
"Section 59-13-140. Each county superintendent of education shall file with the State Board Superintendent of Education within two months after the close of the scholastic year a full and accurate report of all schools under his supervision, which report shall contain such statistics and such other information as the law and the state Board superintendent may require. In any county which does not have a county superintendent of education, the report shall be made by the district superintendent."
SECTION 33. Section 59-17-60 of the 1976 Code is amended to read:
"Section 59-17-60. When two or more districts are consolidated under the provisions of Section 59-17-50, the county board of education shall file a copy of the order of consolidation in the office of the clerk of court and with the State Board Superintendent of Education. Such filing shall complete the consolidation of such districts for all intents and purposes."
SECTION 34. Section 59-17-130 of the 1976 Code, as added by Act 334 of 1996, is amended to read:
"Section 59-17-130. (A) The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American Sign Language.
(B) The State Board Superintendent of Education shall establish guidelines on the qualifications needed for those teaching an American Sign Language course and on a recommended course of study to be followed.
(C) The State Board Superintendent of Education shall establish a task force to assist in the development of the guidelines pursuant to this section. The task force shall consist of nine members as follows:
(1) The President of the South Carolina Association of the Deaf, or his designee;
(2) A parent of a deaf child in a mainstreamed program;
(3) A parent of a deaf child in a residential program who is currently enrolled at the South Carolina School for the Deaf and Blind;
(4) A representative from the foreign language department of a college or university in South Carolina;
(5) The Director of the Interpreter Training Program of Spartanburg Technical College, or his designee;
(6) A representative from the South Carolina School for the Deaf and Blind;
(7) Two instructors of American Sign Language, one of whom must be deaf;
(8) A representative from the State Department of Education.
The task force shall be established within three months of the effective date of this act and shall terminate upon completion of the guidelines. The State Department of Education shall provide the necessary administrative and research support for the task force. Members of the task force shall serve without compensation."
SECTION 35. Chapter 18, Title 59 of the 1976 Code is amended to read:
Section 59-18-100. The General Assembly finds that South Carolinians have a commitment to public education and a conviction that high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly in this chapter to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students are equipped with a strong academic foundation. Accountability, as defined by this chapter, means acceptance of the responsibility for improving student performance and taking actions to improve classroom practice and school performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local school boards, administrators, teachers, parents, students, and the community.
Section 59-18-110. The system is to:
(1) use academic achievement standards to push schools and students toward higher performance by aligning the state assessment to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
(2) provide an annual report card with a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible which furnishes clear and specific information about school and district academic performance and other performance to parents and the public;
(3) require all districts to establish local accountability systems to stimulate quality teaching and learning practices and target assistance to low performing schools;
(4) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance;
(5) support professional development as integral to improvement and to the actual work of teachers and school staff; and
(6) expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.
Section 59-18-120. As used in this chapter:
(1) 'Oversight Committee' means the Education Oversight Committee established in Section 59-6-10.
(2) 'Standards based assessment' means an assessment where an individual's performance is compared to specific performance standards and not to the performance of other students.
(3) 'Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and family income level.
(4) 'Longitudinally matched student data' means examining the performance of a single student or a group of students by considering their test scores over time.
(5) 'Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample of similar students known as the norm group.
(6) 'Academic achievement standards' means statements of expectations for student learning.
(7) 'Department' means the State Department of Education.
(8) 'Absolute performance' means the rating a school will receive based on the percentage of students meeting standard on the state's standards based assessment.
(9) 'Improvement performance' means the rating a school will receive based on longitudinally matched student data comparing current performance to the previous year's for the purpose of determining student academic growth.
(10) 'Objective and reliable statewide assessment' means assessments which yield consistent results and which measure the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/false or multiple choice questions.
(11) 'Division of Accountability' means the special unit within the oversight committee established in Section 59-6-100.
Section 59-18-300. The State Board Superintendent of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science for kindergarten through twelfth grade and for grades nine through twelve adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards are to promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
(7) use information to make decisions.
The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools so that students are encouraged to learn at unprecedented levels and must be reflective of the highest level of academic skills at each grade level."
Section 59-18-310. (A) Notwithstanding any other provision of law, the State Board Superintendent of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to measure student performance on state standards and:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, and the State; and
(3) satisfy federal reporting requirements.
All assessments required to be developed or adopted under the provisions of this section or chapter must be objective and reliable.
(B) The statewide assessment program in the four academic areas shall include grades three through eight, an exit examination which is to be first administered in grade ten, and end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve.
(C) While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.
Section 59-18-320. (A) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board Superintendent of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, the standards based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these four academic areas will be administered for the first time at the end of grade ten. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities.
(C) After review and approval by the Education Oversight Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.
(D) Any new standards and assessments required to be developed and adopted by the State Board Superintendent of Education, through the Department of Education, must be developed and adopted upon the advice and consent of the Education Oversight Committee.
Section 59-18-330. The State Board Superintendent of Education, through the State Department of Education, shall develop, select, or adapt a first grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the adopted grade two academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the tests is to measure individual student readiness, and they are not to be used as an accountability measure at the state level. However, the grade two readiness test will serve as the baseline for grade three assessment.
Section 59-18-340. The State Board Superintendent of Education, following the recommendations of the Accountability Division of the Education Oversight Committee, is directed to select a norm referenced test to obtain an indication of student and school performance relative to national performance levels. The test must be administered annually to a statistically valid random sample of students in at least three grades from grades three through eleven. The Oversight Committee shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1998-1999 school year.
Section 59-18-350. High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.
Section 59-18-360. The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy."
Section 59-18-500. (A) Beginning in 1998-99 and annually thereafter, at the beginning of each school year, the school must notify the parents of the need for a conference for each student in grades three through eight who lacks the skills to perform at his current grade level based on assessment results, school work, or teacher judgment. At the conference, the student, parent, and appropriate school personnel will discuss the steps needed to ensure student success at the next grade level. An academic plan will be developed to outline additional services the school and district will provide and the actions the student and the parents will undertake to further student success.
(B) The participants in the conference will sign off on the academic plan, including any requirement for summer school attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will appoint a school mentor, either a teacher or adult volunteer, to work with the student and advocate for services. A copy of the academic plan will be sent to the parents by certified mail.
(C) At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained, he may be required to attend summer school, or he may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in the academic plan for promotion. Students required to participate the following year in a comprehensive remediation program must be considered on academic probation. Comprehensive remediation programs established by the district shall operate outside of the normal school day and must meet the guidelines established for these programs by the State Board Superintendent of Education. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.
(D) At the end of summer school, a district panel must review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the students assessment results show standards are not met, the student must be placed on academic probation. A conference of the student, parents, and appropriate school personnel must revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect.
(E) Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews. Information on these policies must be given to every student and parent. Each district is to monitor the implementation of academic plans as a part of the local accountability plan. Districts are to use Act 135 of 1993 academic assistance funds to carry out academic plans, including required summer school attendance. Districts' policies regarding retention of students in grades one and two remain in effect.
(F) The State Board Superintendent of Education, working with the Oversight Committee, will establish guidelines until regulations are promulgated to carry out this section. The State Board Superintendent of Education, working with the Accountability Division, will promulgate regulations requiring the reporting of the number of students retained at each grade level, the number of students on probation, number of students retained after being on probation, and number of students removed from probation. This data will be used as a performance indicator for accountability."
Section 59-18-700. The criteria governing the adoption of instructional materials shall be revised by the State Board Superintendent of Education to require that the content of such materials reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board superintendent.
Section 59-18-710. By November, 2000, the State Board Superintendent of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations outlining the criteria for the state's accreditation system which must include student academic performance.
Section 59-18-900. (A) The Education Oversight Committee, working with the State Board Superintendent of Education, is directed to establish an annual report card and its format to report on the performance for the individual elementary, middle, high schools, and school districts of the State. The school's ratings on academic performance must be emphasized and an explanation of their significance for the school and the district must also be reported. The annual report card must serve at least four purposes:
(1) inform parents and the public about the school's performance;
(2) assist in addressing the strengths and weaknesses within a particular school;
(3) recognize schools with high performance; and
(4) evaluate and focus resources on schools with low performance.
(B) The Oversight Committee shall determine the criteria for and establish five academic performance ratings of excellent, good, average, below average, and unsatisfactory. Schools and districts shall receive a rating for absolute and improvement performance. Only the scores of students enrolled in the school at the time of the forty-five-day enrollment count shall be used to determine the absolute and improvement ratings. The Oversight Committee shall establish student performance indicators which will be those considered to be useful for assessing a school's overall performance and appropriate for the grade levels within the school.
(C) In setting the criteria for the academic performance ratings and the performance indicators, the Education Oversight Committee shall report the performance by subgroups of students in the school and schools similar in student characteristics. Criteria must use established guidelines for statistical analysis and build on current data-reporting practices.
(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, student and teacher ratios, and attendance data.
(E) The principal, in conjunction with the School Improvement Council established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The school's report card must be furnished to parents and the public no later than November fifteenth.
(F) The percentage of new trustees who have completed the orientation requirement provided in Section 59-19-45 must be reflected on the school district report card.
Section 59-18-910. No later than June 1, 1999, the Accountability Division must report on the development of the performance indicators criteria and the report card to the Education Oversight Committee and the State Board Superintendent of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. No later than September, 1999, the State Department of Education shall report to the Oversight Committee the determination of the levels of difficulty for the assessments by grade and academic area. By March 1, 2000, a report on the development of baseline data for the schools is due from the division."
Section 59-18-920. Charter schools established pursuant to Chapter 40, Title 59 will receive a performance rating and must issue a report card to parents and the public containing the rating and explaining its significance and providing other information similar to that required of other schools in this section. Alternative schools are included in the requirements of this chapter; however, the purpose of such schools must be taken into consideration in determining their performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, will develop a report card for vocational schools.
Section 59-18-930. Beginning in 2001 and annually thereafter the State Department of Education must issue report cards to all schools and districts of the State no later than November first. The report card must be mailed to all parents of the school and the school district. The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.
Section 59-18-1100. The State Board Superintendent of Education, working with the division and the Department of Education, must establish the Palmetto Gold and Silver Awards Program to recognize and reward schools for academic achievement. Awards will be established for schools attaining high levels of absolute performance and for schools attaining high rates of improvement. The award program must base improved performance on longitudinally matched student data and may include such additional criteria as:
(1) student attendance;
(2) teacher attendance;
(3) student dropout rates; and
(4) any other factors promoting or maintaining high levels of achievement and performance. Schools shall be rewarded according to specific criteria established by the division. In defining eligibility for a reward for high levels of performance, student performance should exceed expected levels of improvement. The State Board Superintendent of Education shall promulgate regulations to ensure districts of the State utilize these funds to improve or maintain exceptional performance according to their school's plans established in Section 59-139-10. Funds may be utilized for professional development support.
Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have demonstrated improvement and high absolute achievement for three years immediately preceding."
Section 59-18-1110. (A) Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a Palmetto Gold or Silver Award, pursuant to Section 59-18-1100;
(2) the school has met annual improvement standards for subgroups of students in reading and mathematics; and
(3) the school has exhibited no recurring accreditation deficiencies.
(B) Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board Superintendent of Education in consultation with the Education Oversight Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
(C) To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-1100 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board Superintendent of Education for an extension of this status for one year.
(D) In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.
Section 59-18-1120. (A) Notwithstanding any other provision of law, a school designated as unsatisfactory while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program or other State Board Superintendent of Education regulations, dealing with the core academic areas as outlined in Section 59-18-120, provided that the review team recommends such flexibility to the State Board Superintendent of Education.
(B) Other schools may receive flexibility when their strategic plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the approval by the State Board Superintendent of Education. To continue to receive flexibility pursuant to this section, a school must annually exhibit overall school improvement as outlined in its revised plan and must meet the gains set for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board Superintendent of Education for an extension of this status for one year according to the provisions of Section 59-18-1110(D)."
Section 59-18-1300. The State Board Superintendent of Education, based on recommendations of the division, must develop regulations requiring that no later than August, 1999, each district board of trustees must establish and annually review a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development, annual review, and revisions of the accountability system established by the district. The board of trustees shall ensure that a district accountability plan be developed, reviewed, and revised annually. In order to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement, the district accountability system must build on the district and school activities and plans required in Section 59-139-10. In keeping with the emphasis on school accountability, principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board Superintendent of Education guidelines.
The Department of Education shall offer technical support to any district requesting assistance in the development of an accountability plan. Furthermore, the department must conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the division for approval by August, 1999. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department within ninety days.
Section 59-18-1310. The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500, and 59-20-60 are consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board Superintendent of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April thirtieth annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school, to be developed in conjunction with the School Improvement Council, and this report shall be provided and advertised no later than April thirtieth annually. The school report card narrative in Section 59-18-900 continues on its prescribed date.
Section 59-18-1500. (A) When a school receives a rating of below average or unsatisfactory, the following actions must be undertaken by the school, the district, and the board of trustees:
(1) The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
(2) Once the revised plan is developed, the district superintendent and the local board of trustees shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance. Once the district board has approved the plan, it must delineate the strategies and support the district will give the plan.
(3) After the approval of the revised plan, the principals' and teachers' professional growth plans, as required by Section 59-26-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified in the revised plan and must establish individual improvement criteria on the performance dimensions for the next evaluation.
(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board Superintendent of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information must also be advertised in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute performance rating and improvement performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance; and
(5) Upon a review of the revised plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-1560 will be eligible for the grant programs created by that section.
Section 59-18-1510. (A) When a school receives a rating of unsatisfactory or upon the request of a school rated below average, an external review team must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The Education Oversight Committee, in consultation with the State Department of Education, shall develop the criteria for the identification of persons to serve as members of an external review team which shall include representatives from selected school districts, respected retired educators, State Department of Education staff, higher education representatives, parents from the district, and business representatives.
(B) The activities of the external review committee may include:
(1) examine all facets of school operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards, and recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents, community members, and members of the School Improvement Council to gather additional information on the strengths and weaknesses of the school;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the school's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
(5) identify needed support from the district, the State Department of Education, and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the school receives the designation of unsatisfactory to the school, the district board of trustees, and the State Board Superintendent of Education; and
(7) report annually to the local board of trustees and state board superintendent over the next four years, or as deemed necessary by the state board superintendent, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(C) Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board Superintendent of Education. After the approval of the recommendations, the department shall delineate the activities, support, services, and technical assistance it will provide to the school. With the approval of the state board superintendent, this assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement.
Section 59-18-1520. If the recommendations approved by the state board superintendent, the district's plan, or the school's revised plan is not satisfactorily implemented by the school rated unsatisfactory and its school district according to the time line developed by the State Board Superintendent of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board Superintendent of Education to outline the reasons why a state of emergency should not be declared in the school. The state superintendent, after consulting with the external review committee and with the approval of the State Board Superintendent of Education, shall be granted the authority to take any of the following actions:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board Superintendent of Education;
(2) declare a state of emergency in the school and replace the school's principal; or
(3) declare a state of emergency in the school and assume management of the school.
Section 59-18-1530. (A) Teacher specialists on site must be assigned in any of the four core academic areas to a middle or high school in an impaired district or designated as below average or unsatisfactory, if the review team so recommends and recommendation is approved by the State Board Superintendent of Education. Teacher specialists on site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year for up to three years, or as recommended by the review committee and approved by the state board superintendent. Teacher specialists must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher specialists shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a teacher specialist.
(C) To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. The salary and supplement is to be paid by the State for three years.
(D) In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education, shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for principal specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a principal specialist.
(E) In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for two years.
(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.
(G) For retired educators drawing benefits from the state retirement system who are serving in the capacity of principal or teacher specialist on site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the state retirement system do not apply to any compensation paid to them as an on-site specialist not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the state retirement system related to this compensation and no additional retirement benefits or credits may be received or accrued.
(H) Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists.
Section 59-18-1540. Each principal continued in employment in schools in districts designated as impaired or in schools designated as below average or unsatisfactory must participate in a formal mentoring program with a principal. The Department of Education, working with the Education Oversight Committee, shall design the mentoring program and provide a stipend to those principals serving as mentors.
Section 59-18-1550. Each teacher employed in schools designated as below average or unsatisfactory who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board Superintendent of Education. To receive credit, activities must be based on identified professional development needs outlined in the school's improvement plan and must include at least one of the following:
(1) summer institute with follow-up activities;
(2) practice of new teaching strategies with peers regularly throughout the school year;
(3) work with peer study groups during the academic year in planning lessons; and
(4) observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.
Section 59-18-1560. (A) The State Board Superintendent of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as below average and for schools designated as unsatisfactory. A school designated as below average will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on high standards and effective activities. A school designated as unsatisfactory will qualify for the grant program after the State Board Superintendent of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, any revisions to the plan must meet high standards prior to renewal of the grant. The revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board Superintendent of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board Superintendent of Education. Prior to extending any grant, the Accountability Division shall review school expenditures to make a determination of the effective use of previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
(B) The State Board Superintendent of Education, working with the Department of Education and with the approval of the Education Oversight Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the school ratings in Section 59-18-900(B) are implemented. In developing the eligibility guidelines, the board superintendent should consider criteria similar to that used in the former impaired district program. Until such time as regulations are promulgated, the funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.
(C) A public school assistance fund shall be established as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board Superintendent of Education, in consultation with the commission, shall administer and authorize any disbursements from the fund. The State Board Superintendent of Education shall promulgate regulations to implement the provisions of this section.
Section 59-18-1570. (A) When a district receives a rating of below average, the State Superintendent, with the approval of the State Board Superintendent of Education, shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:
(1) examine all facets of school and district operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents and community members to gather additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board superintendent;
(4) work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in the district;
(5) identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the district receives the designation of unsatisfactory, to the superintendent, the district board of trustees, and the State Board Superintendent of Education; and
(7) report annually over the next four years to the local board of trustees and state board superintendent, or as deemed necessary by the state board superintendent, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(B) Within thirty days, the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board Superintendent of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually to the local board of trustees and the state board superintendent over the next four years, or as deemed necessary by the state board superintendent, on the district's progress in implementing the recommendations and improving student performance.
(C) The review committee shall be composed of State Department of Education staff, representatives from selected school districts, higher education, and business.
Section 59-18-1580. If recommendations approved by the State Board Superintendent of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board Superintendent of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must appear before the State Board Superintendent of Education to outline the reasons why a state of emergency should not be declared in the district. The state superintendent, with the approval of the State Board Superintendent of Education, is granted authority to do any of the following:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board Superintendent of Education;
(2) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. Local boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;
(3) declare a state of emergency in the school district and assume management of the school district."
Section 59-18-1590. To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:
(1) establish an ongoing state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(2) provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(3) establish a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
Section 59-18-1595. Notwithstanding any other provision of law, and in order to provide assistance at the beginning of the school year, schools may qualify for technical assistance based on the criteria established by the Education Oversight Committee for school ratings and on the most recently available PACT scores. In order to best meet the needs of low-performing schools, the funding provided for technical assistance under the Education Accountability Act may be reallocated among the programs and purposes specified in this section. The State Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority school assistance shall include a year-long technical assistance team that may include a lead principal or curriculum specialist, or both. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of a teacher specialist. Technical assistance for below average schools shall be provided to the extent possible in order of need. The State Department of Education shall provide information on the technical assistance strategies and their impact to the State Board Superintendent of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually."
Section 59-18-1700. (A) An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina. A special committee shall be appointed by the Chairman of the Education Oversight Committee to include two committee members representing business and two representing education and others representing business, industry, and education. The committee shall plan and oversee the development of a campaign, including public service announcements for the media and other such avenues as deemed appropriate for informing the public. The plan must be reported to the Governor, the Senate Education Committee, and the House Education and Public Works Committee by March 15, 1999.
(B) A separate fund within the state general fund will be established to accept grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for the public information campaign. Members of the Oversight Committee representing business will solicit donations for this fund. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The Oversight Committee shall administer and authorize any disbursements from the fund. Private individuals and groups shall be encouraged to contribute to this endeavor.
Section 59-18-1910. The State Board Superintendent of Education shall establish grant programs to fund homework centers in schools and districts designated as below average and unsatisfactory. Until such time as these ratings are established, all schools in districts declared to be impaired are eligible to receive funding on a per pupil basis. Schools receiving such designations must provide centers that go beyond the regular school hours where students can come and receive assistance in understanding and completing their school work. Funds provided for these centers may be used for salaries for certified teachers and for transportation costs. Homework centers meeting the criteria established by the board superintendent shall receive funds as appropriated by the General Assembly. For 1998-99, of the funds appropriated for assessment, up to five hundred thousand dollars shall be used for homework centers."
Section 59-18-1920. (A) The State Board Superintendent of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year or school day schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations, or for additional costs incurred by lengthening the school day. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high-school attendance area, must be pilot testing or implementing the modified year or day schedule. Districts declared to be impaired will have priority in obtaining such grants.
(B) To obtain a grant, a district shall submit an application to the state board superintendent in a format specified by the Department of Education. The application shall include a plan for implementing a modified year or day that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area, as defined in Section 59-18-300, is the equivalent of a "D" average or below to attend the intersessions or stay for the lengthened day and receive special assistance in the subject area. Funding for the program is as provided by the General Assembly in the annual appropriations act. Each grant award for program pilot testing or implementation may not exceed a three-year period.
Section 59-18-1930. The Education Oversight Committee shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans. The oversight committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall be made to state regulations to promote use of state dollars for training which meets national standards for staff development.
Upon receipt of the recommendations from the comprehensive review of state and local professional development, the State Department of Education shall develop an accountability system to ensure that identified professional development standards are effectively implemented. As part of this system the department shall provide information on the identified standards to all principals and other professional development leaders. Training for all school districts in how to design comprehensive professional development programs that are consistent with the standards shall also be a part of the implementation. A variety of staff development options that address effective teaching and assessment of state academic standards and workforce preparation skills shall be included in the information provided to principals and other professional development leaders to ensure high levels of student achievement."
SECTION 36. Section 59-19-45 of the 1976 Code as last amended by Act 265 of 2002, is further amended to read:
"Section 59-19-45. (A) Within one year of taking office, all persons elected or appointed as members of a school district board of trustees after July 1, 1997, shall complete successfully an orientation program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.
(B) The orientation shall be approved by the State Board Superintendent of Education and conducted by public or private entities approved by the State Board Superintendent of Education such as the South Carolina School Boards Association.
(C) The provisions of this section also apply to members of county boards of education appointed or elected after July 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees.
(D) The provisions of this section do not apply to a school board trustee or county board of education member who was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter.
(E) The State Department of Education shall reimburse a school district or county board of education conducting an orientation for a new board member as required by this section at the rate of eighty dollars for a member, provided that the total reimbursements by the department in one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for a year as determined by the department exceeds ten thousand dollars, the eighty-dollar reimbursement for each new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation is not required but may be conducted at the option of a school district or county board of education. The State Board Superintendent of Education shall establish guidelines and procedures for these reimbursements.
(F) The State Department of Education must keep a record of the school board trustees who complete the orientation program."
SECTION 37. Section 59-19-90(2) of the 1976 Code is amended to read:
"(2) Employ and discharge teachers. Employ teachers from those having certificates from the State Board Superintendent of Education, fix their salaries and discharge them when good and sufficient reasons for so doing present themselves, subject to the supervision of the county board of education. In reaching a decision as to whether or not to employ any person qualified as a teacher, consideration may be given to the residence of such person but it shall not be the deciding factor or a bar to employing such person."
SECTION 38 Section 59-19-95 of the 1976 Code is amended to read:
"Section 59-19-95. The governing body of every school district of this State shall implement a student promotion policy which at least meets the minimum criteria established by the State Board Superintendent of Education under Section 59-5-65 of the 1976 Code."
SECTION 39. Section 59-19-140 of the 1976 Code is amended to read:
"Section 59-19-140. Each district board of trustees may adopt rules and regulations which are not inconsistent with State law or the rules and regulations of the State Board Superintendent of Education governing the use of school equipment for purposes other than normal school activity."
SECTION 40. Section 59-19-190 of the 1976 Code is amended to read:
"Section 59-19-190. Whenever a board of trustees deems it expedient to acquire lands for public school purposes with any State funds, it may purchase, subject to the prior written approval of the State Board Superintendent of Education, the lots or parcels of land necessary for such purchase. The reassignment or disposal of such parcels of land purchased after 1952 with any State funds shall be subject to the prior written approval of the State Board Superintendent of Education."
SECTION 41 Section 59-20-20(4) of the 1976 Code is amended to read:
"(4) 'Defined minimum program (DMP)' means the program established annually by the State Board Superintendent of Education that is necessary to provide public school students in the State with minimum educational programs designed to meet their needs. The State Board Superintendent of Education shall transmit a per-weighted pupil estimate of the full implementation of the defined minimum program to the State Budget and Control Board and the General Assembly for each proposed budgetary year. The State Board Superintendent of Education shall transmit any suggested changes in the basic programs and their weightings as evidenced by changing requirements and practices."
SECTION 42 Section 59-20-40 of the 1976 Code as last amended by Act 92 of 2003, is further amended to read:
"Section 59-20-40. The annual allocation to each school district for the operation of the foundation program as it relates to the school district shall be determined as follows:
(1) Computation of the basic amount to be included for current operation in the foundation program:
(a) Each school district shall maintain a program membership of each school by compiling the student membership of each classification. The cumulative one hundred thirty-five day average daily membership of each school district by program classification will determine its monetary entitlement. The district's average daily membership (ADM) will be computed, currently maintained, and reported in accordance with the regulations of the State Board Superintendent of Education. Funds for the state's portion of the per-pupil cost of the foundation program shall be disbursed monthly to the various school districts. End-of-year adjustments in state funds shall be made based on the one hundred thirty-five day student average daily membership in each classification.
(b) The base student cost shall be established annually by the General Assembly. The base student cost shall be established in such a manner that five years after July 2, 1978, the funding level shall approximate the cost of the defined minimum program as set forth by the State Board Superintendent of Education.
Each year the Division of Research and Statistics of the Budget and Control Board superintendent shall submit to the Legislature an estimate of the projected rate of inflation for the fiscal year to be budgeted, and the base student cost shall be adjusted to incorporate the inflated cost of providing the Defined Minimum Program.
(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board Superintendent of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board Superintendent of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1 through 3) 1.24
(3) Elementary pupils (grades 4 through 8)
base students 1.00
(4) High school pupils (grades 9 through 12) 1.25
Special Programs for Exceptional Students Weightings
(5) Handicapped 1.74
a. Educable mentally handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
c. pupils with autism.
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
a. pupils who are homebound
b. pupils who reside in emergency shelters
Vocational technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Early Childhood Development
and Academic Assistance Weightings
(12) Early Childhood Assistance 0.26
(13) Grades 4-12 Academic Assistance 0.114
Adult Education
(14) Adult Education 0.15
No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State and the Education Improvement Act of 1984 Fund.
Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood assistance and grades 4-12 academic assistance in accordance with Section 59-139-20. The State Board Superintendent of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board Superintendent of Education.
School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40.
(d) The basic amount for the foundation program for each district shall be computed as follows:
(1) The calculated average daily membership in each student classification shall be multiplied by the weighting factor for that respective classification.
(2) The subtotals (totals in each student classification) in all classifications shall be added to get the district's total weighted pupil units.
(3) The district's weighted pupil units shall be multiplied by the base student cost figure as established annually by the General Assembly.
(e) Computation of the required local revenue in support of the foundation program.
The amount that each school district shall provide toward the cost of the South Carolina foundation program shall be computed by determining the total statewide collective local share (approximately thirty percent) of the total cost of the foundation program, and multiplying this by the index of taxpaying ability of each district as defined in Section 59-20-20.
(f) Computation of the required state effort.
The amount that the State shall provide to each school district toward the cost of the foundation program shall be the difference between the district's basic amount as computed in subsection (d) minus the required amount raised locally as computed in subsection (e).
Notwithstanding the provisions of this section, state aid to any school district shall be reduced in proportion to the ratio that its local school tax effort falls below that required by subsection (2) of Section 59-20-50.
(2) Reserved.
(3) Provisions for a phase-in plan of implementation
(a) As a result of the cost of implementing the foundation program at both state and local level as calculated in this section, there will be a phase-in implementation period of five years to assist in implementing the education finance program.
(b) Each year of the phase-in period the General Assembly shall specify the base student cost and the percentage of the difference between current funding and full funding of the defined minimum program which shall be achieved each year. It is the intent of this chapter that the full implementation of the foundation program from present funding level in present financing plans, in terms of real dollars, be achieved in substantially equal annual intervals over a period of five years; provided, that if a district increases its local effort annually by at least five percent in real dollars, the period of time for full implementation may be extended five years. However, it is recognized that, during periods of abnormally low growth in state revenue, appropriations may necessarily have to be reduced below the anticipated trend and that during periods of abnormally high revenue growth an effort would be made to restore progress in funding to achieve full implementation during the five year phase period. It is recognized further that, should the trend of growth in state revenue diverge substantially from historical experience, then the length of the phase period might be increased or decreased accordingly. Each local school district shall progress annually in eliminating the difference between its current funding and full funding of the defined minimum program at the same percentage as mandated by the General Assembly for statewide progress toward full funding; provided, that each district shall increase its local effort annually by at least the amount required in this section or by five percent in real dollar terms, or shall increase its millage for the local share of expenditures under the foundation program by at least two and one-half mills. Any district failing to make either the required local effort or the five percent increase in real dollars terms or the two and one-half mill increase will have its entitled increase in state aid reduced by the proportion that its actual increase in local effort falls below its required increase of five percent in real dollars, or two and one-half mills, whichever is less.
(4) Impact aid revenue shall be counted as local effort for purposes of computing actual local effort, in order to meet requirements of Section 59-20-40(3) (b). Provided, however, that should the degree of equality achieved under this chapter prove insufficient to qualify South Carolina for utilizing impact aid in the school finance equalization plan, then impact aid would not be counted as local revenue.
(5) To qualify for funds provided in this chapter, each district must attain an average pupil-teacher ratio based on average daily membership in the basic skills of reading and mathematics in grades one through three of 21:1.
Provided, That any local district may apply to the State Board Superintendent of Education for approval of a waiver to this subsection by submitting and justifying an alternative educational program to serve the basic skill needs of average daily membership in grades one through three.
The State Board Superintendent of Education shall approve or disapprove of such waiver forty-five days after receipt of such application. Provided, Further, That beginning with Fiscal Year 1978-79, if a school district violates the provisions of this subsection, the state aid for the ensuing fiscal year to such school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such school district has to the required pupil-teacher ratios mandated in this Subsection.
Provided, That notwithstanding the provisions of this Section, the State Board Superintendent of Education is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions but that for lack of classroom space which was beyond its control it is physically impossible for the district to comply for the Fiscal Years 1978-1979 and 1979-1980 and the cost of temporary classroom space cannot be justified.
It is the intent of the General Assembly that the average daily membership pupil-teacher ratio for grades 1 through 3 stipulated in the chapter be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed twenty-eight pupils in each class.
(6) No district shall be required to increase local revenue if combined state and local revenue exceeds the amount necessary to meet the base student cost of the minimum foundation program at full implementation.
(7) [Deleted]
(8) The General Assembly shall annually provide the portion of the local required support of the foundation program required by the South Carolina Education Improvement Act of 1984 on the basis of the district's taxpaying ability in the annual general appropriation act."
SECTION 43. Section 59-20-50(4)(b)(4) of the 1976 Code, as last amended by Section 15H, Part II, Act 497 of 1994, is further amended to read:
"(4) meeting the minimum standards on the basic skills examinations as prescribed by the State Board Superintendent of Education provided in Section 59-26-20."
SECTION 44. Sections 59-20-60 of the 1976 Code, as last amended by Act 135 of 1993, and 59-20-65 of the 1976 Code are amended to read:
"Section 59-20-60. (1) School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.
(2) The State Board Superintendent of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as 'dropped' by the defined minimum program accreditation procedures are not eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board Superintendent of Education.
(3) Each school district board of trustees shall cause the district and each school in the district to develop comprehensive five-year plans with annual updates to outline the District and School Improvement Plans. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school year 1993-94, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.
The State Board Superintendent of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long and short-range goals, objectives, strategies, and time lines need to be included.
(4) Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational success for all students and on critical thinking skills and providing the necessary support for educational successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;
(d) creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.
For 1993-94, districts and schools may use these funds for designing their Innovation Initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative.
(5) An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council and shall provide information on the school's progress on meeting the school and district goals and objectives. These reports shall be provided by November fifteenth of each year.
(6) Each school board of trustees shall establish an improvement council at each school in the district and this council is to be involved in improvement and innovation efforts at the school. The council shall be composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons appointed by the principal. The elected members of the council shall comprise at least a two-thirds majority of the elected and appointed membership of the council. The council should also include ex-officio members such as the principal and others holding positions of leadership in the school or school organizations, such as parent-teacher groups, booster clubs, and federal program advisory groups. Each council shall assist in the preparation of the five-year plan and annual updates required in this section, assist with the development and monitoring of school improvement and innovation, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this subsection, an area vocational center's school improvement council must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.
In order to provide additional accountability for funds expended under statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and initially determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. The elections must be organized to ensure that every parent and faculty member has an opportunity to vote each year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be provided to the School Improvement Council Assistance at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.
(7) Each school district board of trustees shall:
(a) review each school improvement plan and the annual updates for integration with district plans and objectives and school progress in meeting those goals and objectives;
(b) cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board Superintendent of Education;
(c) participate in the statewide testing program as prescribed by the State Board Superintendent of Education;
(d) maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board Superintendent of Education.
(e) provide a program for staff development for all educational personnel. A portion of the funds in the foundation program must be used for this staff development that may include, but not be limited to:
(1) college courses in education, subject area of certification or management;
(2) teaching center offerings;
(3) State Department of Education workshops; and
(4) district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.
(f) in accordance with the format approved by the State Board Superintendent of Education, annually submit to the State Board Superintendent of Education and to the people of the district that district's fiscal report.
(8) The State Department of Education shall:
(a) develop, by September, 1993, a plan for offering help to districts and schools in designing and implementing the district and school comprehensive improvement plan;
(b) develop, by December, 1993, with approval by the State Board Superintendent of Education, criteria for monitoring the district and school plans;
(c) review each district's annual fiscal report;
(d) provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program;
(e) develop or select and field test a competency-based student assessment program;
(f) prepare an annual fiscal and programmatic report to the Governor and the General Assembly each year to assess compliance with this chapter and to make recommendations concerning necessary changes in this chapter;
(g) in compliance with the intent of the chapter, waive the prescribed reporting practices if considered necessary by the State Board Superintendent of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver may not be utilized to avoid full accountability and implementation of this chapter.
(9) The Legislative Audit Council shall audit to assess compliance with this chapter as requested by the General Assembly. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.
(10) A twelve-member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee must be made up of three representatives from each of the following committees of the General Assembly - Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means - appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations.
Section 59-20-65. The State Board Superintendent of Education, acting through the existing School Council Assistance Project at the University of South Carolina, shall provide services and training activities to support school improvement councils and their efforts in preparing an annual school improvement report as required in this section."
SECTION 45. Section 59-21-150 of the 1976 Code is amended to read:
"Section 59-21-150. Beginning in fiscal year 1985-86, all school district and state agency school employees required by the State Board Superintendent of Education to hold State Board Superintendent of Education certification are eligible for tuition reimbursement at a rate consistent with that charged at public colleges and universities every two years for successful completion of a three-hour credit course in their field of specialization at a South Carolina public or private college, so long as they work in that field in a South Carolina public school or state agency school for the succeeding year. The reimbursement must be provided by the State from funds appropriated to the State Department of Education."
SECTION 46. Sections 59-21-310 and 59-21-320 of the 1976 Code are amended to read:
"Section 59-21-310. For the purpose of this article (a) the term "capital improvement" shall mean the cost of constructing, improving, equipping, renovating and repairing school buildings or other school facilities or the cost of the acquisition of land whereon to construct or establish school facilities; and (b) 'Board superintendent' shall mean the State Board Superintendent of Education.
Section 59-21-320. In order to assist school districts in financing needed capital improvements, the General Assembly shall annually allocate to the Board superintendent a sum equivalent to thirty dollars multiplied by the number of pupils enrolled in grades one through twelve of the public schools and, effective beginning in Fiscal Year 1988-89, fifteen dollars multiplied by the number of students enrolled in public kindergarten programs. The calculation must be based on the one hundred thirty-five day count of the average daily membership during the school year ending in the calendar year prior to the calendar year in which the fiscal year begins. In no year may the amount allocated be less than the total sum required to meet principal and interest payments becoming due to that fiscal year on state school bonds."
SECTION 47. Sections 59-21-340 and 59-21-350 of the 1976 Code are amended to read:
"Section 59-21-340. The Board superintendent shall annually apply sums allocated under Section 59-21-320 in the following order: (a) There shall first be reserved and set aside such amount as may be necessary to pay principal and interest payments becoming due that year on State school bonds. (b) The balance remaining each year after deducting the amount reserved in (a) above shall be credited on the books of the Board superintendent to the several school districts in the State, apportioned in the ratio that the enrollment of each school district bears to the enrollment of the State as a whole. Provided, that of the funds available in 1967-68 for allocation to school districts under the provisions of Sections 59-21-340 and 59-71-550, as amended in 1967 Act No. 485, there shall first be apportioned among the several school districts sufficient funds to have made available to all districts at least ninety percent of the funds available to them under the provisions of Article 3 of Chapter 21 of Title 59, as now constituted. Remaining funds for 1967-68 shall be apportioned in accordance with the provisions of Sections 59-21-340 and 59-71-550, as amended.
Section 59-21-350. The sums credited by the Board superintendent to each school district, under the provisions of Sections 59-21-340 and 59-71-550, shall remain available to school districts until requisitioned by them for purposes approved by the Board superintendent. Such funds shall be available for the following purposes only and in the following order of priority: (a) To be applied on the financing of capital improvements approved by the Board superintendent; (b) to pay principal and interest of school district indebtedness represented by bonds or notes issued before July 1, 1951 for any capital improvement or bonds or notes issued on or after July 1, 1951 for capital improvements approved by the Board superintendent."
SECTION 48. Sections 59-21-360 through 59-21-420 of the 1976 Code are amended to read:
"Section 59-21-360. In order to guide the board in passing upon requests for the use of grants, the county boards of education of the respective counties shall prepare a survey of necessary capital improvements or a plan for tax relief on school indebtedness within the operating unit. Such surveys shall show existing facilities, desirable consolidations, the new construction and new facilities necessary and desirable for the efficient operation of the public schools of the county and a plan of tax reduction in the school district or operating unit by use of such funds in retiring any outstanding indebtedness for school facilities. The board superintendent may, in its discretion, deny all applications for the use of funds of the public school building fund from any county until such time as an acceptable and reasonably satisfactory plan, looking particularly to efficiency through consolidations of school districts, has been submitted by the county board of education and all applications from school districts or operating units shall conform to the plan of the county board of education.
Section 59-21-370. In order to avail itself of funds to its credit, a school district shall make application to the Board superintendent in such form as the Board superintendent may require, including therein a complete and full description of the purpose for which funds are to be applied, together with any information that may be required by the Board superintendent to evaluate the proposed use of funds.
Section 59-21-380. When an application of a school district as provided in Section 59-21-370 has been approved by the Board superintendent, funds shall be remitted, as may be required from time to time, to the treasurer of the county of which the school district is a part. The county treasurer shall place the sum so received in a special fund to be known as "Public School Building Fund for School District No. - - " and shall pay out the money of such fund only on school warrants properly drawn by the authorities of the school district concerned and such money shall be expended in the same manner as provided by law for the expenditure of other school funds.
Section 59-21-390. The Board superintendent may employ architects, consultants and sufficient personnel to assist the county boards of education in the preparation of the county plans required under Section 59-21-360.
Section 59-21-400. The Board superintendent shall prescribe reasonable rules and regulations in order to ensure that funds derived from the State public school building fund will not be used improvidently or unwisely and that the efficiency of the public school system will be increased by the expenditure of the funds.
Section 59-21-410. Any construction to be financed from funds received from the State public school building fund, pursuant to the approval of the Board superintendent, shall be on public contract, such contract to be let by the trustees of the school district, and the awarding of the necessary contracts shall be in the sole province of the school district concerned. Contracts shall be let on public advertisement thereof, and on such conditions and within such limitations as the Board superintendent may approve.
Section 59-21-420. (a) Beginning with state Fiscal Year 1984-85, the State shall remit an amount on a per-pupil basis to each school district of the State in the manner and under the conditions that the General Assembly provides for the School Building Aid program of the Education Improvement Program in the annual general appropriation act. These funds must be used (i) for the renovation, capital improvement, or repair of school classrooms, libraries, laboratories, and other instructional facilities, including music rooms, or (ii) to reduce the millage required to pay principal and interest on bonds issued for such purposes if the district qualifies for the exception provided for in subsection (b) hereof.
(b) If a school district has issued bonds or otherwise undertaken any capital improvement programs during any of the most recent five fiscal years, at least fifty percent of the funds provided in subsection (a) must be used to reduce the millage required to pay debt service on such outstanding bonds.
Provided however, in the event that a school district sold bonds or secured a loan at an interest rate less than prevailing rates and has an identified need for funds in excess of fifty percent of funds provided in subsection (a) or anticipates a significant increase in need for additional classroom space, that district may request a waiver from this requirement by the State Board Superintendent of Education. After consultation with the State Treasurer on prevailing interest rates and review of the evidence accompanying the waiver request from the school district, and upon certification by the State Treasurer that rates are beneficial to local school district, the State Board Superintendent of Education may grant a waiver if the evidence is substantiated. The remaining sums may be used either to reduce millage to pay debt service or to pay for capital improvements, repairs, or renovations otherwise authorized during the then current fiscal year. Provided, Further, That if, on the occasion when the annual millage would otherwise be increased to provide for capital improvements, repairs, or renovations, there is on hand with the country treasurer sums from the appropriation herein authorized, sufficient to meet all or a portion of the payments of principal and interest on bonds to be outstanding in the ensuing fiscal year, then such portion of the millage required to pay such debt service need not be imposed.
(c) A capital improvement program for purposes of this section is defined as incurring debt for school building purposes or levying and collecting school taxes for school building purposes over the district's last five fiscal years averaged at least one-half the amount the district is entitled to receive during state Fiscal Year 1985 as provided in subsection (a) hereof. If the district has fiscal autonomy to any degree, it shall provide for the manner in which the school millage must be reduced. If the district does not have fiscal autonomy, the governing body of the county wherein the district is located shall provide for the manner in which the school millage must be reduced.
(d) The funds authorized herein for reduction in millage for debt service may not be expended in conjunction with the authorization of bonds that increase a school district's bonded indebtedness above the limit provided for in Article X of the South Carolina Constitution or expended to pay debt service on bond anticipation notes authorized which would put the total bonded indebtedness of the school district (general obligation and bond anticipation) above the constitutionally mandated limit."
SECTION 49. Section 59-21-440 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-21-440. The State Department of Education shall provide a monthly report to the State Board Superintendent of Education, the Education Oversight Committee, The Committee on Financing Excellence, and the Education-Business Partnership on approved expenditures and compliance with the tax reduction requirement."
SECTION 50. Sections 59-21-540 and 59-21-550 of the 1976 Code are amended to read:
"Section 59-21-540. The State Superintendent of Education shall reimburse school districts of the State for providing special educational services when in compliance with the provisions of this article and the rules and regulations of the State Board Superintendent of Education, from the regular appropriations and for teachers' salaries, in such manner as is provided by law. Such State aid shall be allowed as follows:
(1) For special educational services for the educable mentally handicapped, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of ten enrolled in a self-contained class, or (b) a teacher in educable mentally handicapped employed to serve a minimum caseload of twenty-six educable mentally handicapped pupils for other instruction in a regular class.
(2) For special education services for the trainable mentally handicapped, State aid shall be allowed for a teacher employed with a minimum average daily attendance of eight.
(3) For special education for pupils with speech defects, State aid shall be allowed to school districts for speech clinicians (a) on the basis of one clinician per seventy-five speech handicapped children with this special aid being allowed notwithstanding the fact that such children may be counted for regular State aid in regular classes, or (b) on the basis of one clinician per one thousand five hundred students where severe speech problems are present requiring more intensified therapy.
(4) For special education for emotionally handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of eight enrolled in a self-contained class, or (b) a teacher in emotionally handicapped employed to serve a minimum caseload of twenty-six emotionally handicapped pupils enrolled for other instruction in a regular class.
(5) For special education for hearing handicapped children, State aid shall be allowed (a) for a teacher with a minimum average daily attendance of six enrolled in a self-contained class, or (b) a teacher in hearing handicapped employed to serve a minimum caseload of twelve hearing handicapped pupils enrolled for other instruction in a regular class.
(6) For special education for visually handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of six enrolled in a self-contained class, or (b) a teacher in visually handicapped employed to serve a minimum caseload of twelve visually handicapped pupils enrolled for other instruction in a regular class.
(7) For special education for orthopedically handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of eight enrolled in a self-contained class, or (b) a teacher in orthopedically handicapped employed to serve a minimum caseload of sixteen orthopedically handicapped pupils enrolled for other instruction in a regular class.
(8) For special education for learning disabilities children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of ten enrolled in a self-contained class, or (b) a teacher in learning disabilities employed to serve a minimum caseload of twenty-six learning disabilities children enrolled for other instruction in a regular class.
(9) For teachers serving more than one type of handicapped pupil, State aid shall be allowed on the basis of the enrollment required for the handicapping condition affecting the majority of pupils served by the specialist.
(10) The proportionate part of a teacher's salary will be allowed when such a teacher has less than the required minimum average daily attendance and enrollment.
(11) If in any district there are handicapped children not able even with the help of transportation to be assembled in a school, instruction may be provided in a child's home, or in hospitals or sanitoria. Children so instructed may be counted under the provisions of this article. If the child is permanently disabled, the cost of classroom-to-home video or audio service shall be allowed at the rate of six hundred dollars per year. The State Board Superintendent of Education shall determine the number of hours of home instruction acceptable in lieu of regular school attendance.
Section 59-21-550. No person shall be employed as a teacher in the special education program in the State unless such person holds a valid teacher's certificate issued by the State Department of Education and, in addition, possesses such special qualifications as the State Board Superintendent of Education may require, or holds a comparable certificate in special education as may be developed by the State Board Superintendent of Education."
SECTION 51. Section 59-21-570 and 59-21-580 of the 1976 Code are amended to read:
"Section 59-21-570. A school district may operate a special education program for children eligible for such services under the provisions of this article and rules and regulations of the State Board Superintendent of Education, either as a district or jointly with other districts.
When proper facilities have been provided and when application has been made to and approved by the State Department of Education, the district will become eligible for State aid as provided in this article.
Section 59-21-580. The State Board Superintendent of Education is directed to establish rules, regulations and policies:
(1) For screening, classifying and determining, by use of standardization tests and such psychological and medical services as may be necessary, by qualified personnel, the eligibility of pupils to receive the benefits under the provisions of this article;
(2) For determining certification requirements and special qualifications of teachers;
(3) For outlining the manner and procedure by which applications for aid and plans for operation may be made and approved; and
(4) For other matters not specified herein when necessary to carry out the provisions of this article."
SECTION 52. Section 59-21-600 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-21-600. Notwithstanding the provisions of Section 59-21-540, and in order to insure adequate educational services for trainable mentally handicapped pupils and profoundly mentally handicapped pupils in South Carolina school districts, the State Board Superintendent of Education, upon the recommendation of the Education Oversight Committee, through the State Department of Education shall develop a Regulation for distribution of funds appropriated by the General Assembly for this purpose."
SECTION 53. Section 59-21-720 of the 1976 Code is amended to read:
"Section 59-21-720. All school psychologists employed by the counties or school districts shall have a valid certificate issued by the State Board Superintendent of Education according to regulations established by the Board superintendent."
SECTION 54. Section 59-21-760 of the 1976 Code is amended to read:
"Section 59-21-760. The State Board Superintendent of Education may promulgate such rules and regulations as may be necessary to carry out the provisions of this article."
SECTION 55. Section 59-21-1030 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 59-21-1030. Except as provided in this section, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in fiscal year 1983-84. Beginning in 1985-86, local financial effort for noncapital programs must be adjusted for an inflation factor estimated by the Division of Research and Statistical Services.
Thereafter, school district boards of trustees or other governing bodies of school districts shall maintain at least the level of financial effort per pupil for noncapital programs as in the prior year adjusted for an inflation factor estimated by the Division of Research and Statistical Services. The county auditor shall establish a millage rate so that the level of financial effort per pupil for noncapital programs adjusted for an inflation factor estimated by the Division of Research and Statistical Services is maintained as a minimum effort. No school district which has not complied with this section may receive funds from the South Carolina Education Improvement Act of 1984 Fund. School district boards of trustees may apply for a waiver to the State Board Superintendent of Education from the requirements of this section if:
(1) the district has experienced a loss in revenue because of reduction in assessed valuation of property or has had a significant increase in one hundred thirty-five average daily membership;
(2) the district has experienced insignificant growth in revenue collections from the previous year;
(3) the district has demonstrated for one year that it has achieved operating efficiencies and all education requirements are being met;
(4) a midyear revenue shortfall results in a reduction of funds appropriated in accordance with Chapter 20 of Title 59 (The Education Finance Act). A decline in the measured academic achievement of the students must immediately cause the State Board Superintendent of Education to void all waivers provided under this section and make the district ineligible to apply for any waivers under this section for two consecutive years. If the decline in student achievement occurs, the district shall revert to the minimum effort requirement, adjusted for the prior years inflation factor. Waiver (4) does not apply to funds needed to meet the Minimum Salary Schedule for teachers in South Carolina. A school district is eligible for an annual renewal of the waiver provided the district meets one of the above criteria and meets the minimum effort requirement of the previous year and at least the minimum required effort of the Education Finance Act."
SECTION 56. Sections 59-21-1210 and 59-21-1220 of the 1976 Code, both as last amended by Act 400 of 1998, are further amended to read:
"Section 59-21-1210. The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall develop and implement a campus incentive program to reward faculty members who demonstrate superior performance and productivity. Funds for the campus incentive program must be provided by the General Assembly in the annual general appropriations act.
Section 59-21-1220. The campus incentive program must be developed based on the following guidelines:
(1) exceptional improvement in or the maintenance of superior student performance, with consideration given to rewarding schools which demonstrate exceptional improvement or maintenance of superior performance by all the groups of students at various levels of performance;
(2) the school must have met or surpassed the goals and strategies outlined in its school improvement report;
(3) no faculty member may receive funds under the incentive program unless all the established eligibility criteria are met;
(4) faculty, for the purposes of this program, includes principals, assistant principals, vocational education directors, special education teachers, kindergarten teachers, classroom teachers, librarian/media specialists, guidance counselors, psychologists, school nurses, aides, and others as determined by the advisory committee;
(5) consideration must be given to using part of each campus incentive reward for faculty use for school improvement for such activities as research, planning meetings, curriculum development, where faculty are paid for their time and effort, and for allowing faculty to consider such uses of the faculty incentive reward;
(6) no later than August 1, 1991, a campus incentive advisory committee must be appointed to advise on the development and implementation of the program. The advisory committee must be appointed, after receiving nominations, as set forth in this item, and consists of six at-large members, three appointed by the Governor and three appointed by the State Superintendent of Education, and the following members appointed by the State Board Superintendent of Education:
one local school board member;
two elementary teachers;
two middle or junior high school teachers;
two secondary school teachers;
one elementary school principal;
one middle or junior high school principal;
one secondary school principal;
one district superintendent;
one guidance counselor;
one assistant principal; and
one teacher's aide.
The State Board Superintendent of Education shall request:
(a) each statewide professional teacher organization to nominate at least two qualified continuing contract teachers for each teacher position on the committee;
(b) a statewide organization representing administrators (principals and superintendents) to nominate at least two qualified candidates for the administrator positions on the committee;
(c) a statewide organization to nominate at least two qualified candidates for the guidance counselor position on the committee;
(d) a statewide organization representing school boards to nominate at least two qualified candidates for the school board position on the committee.
Each nominating organization shall seek qualified candidates from the entire pool of persons eligible to serve and shall make nominations to the state board superintendent based on merit and without regard to membership in the nominating organization.
It is the intent of the General Assembly that funds for the campus incentive program must be distributed to districts on a per pupil basis but with a minimum amount per faculty member in schools qualifying for the program reward; however, the advisory committee may recommend an alternative distribution method. The per pupil allocation must be based on the one hundred thirty-five day count of average daily membership for the preceding fiscal year.
The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall develop regulations to ensure that the campus incentive funds are used in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocations. The General Assembly shall determine each year in the general appropriations act the amount of campus incentive funds which must be included in the calculation of the South Carolina average teacher salary.
To enable school faculties to undertake needed work in the area of school improvement and planning, and such activities as research, curriculum development, coordination of courses, and special projects, or other activities the faculty may wish to undertake for improving student performance, development, and learning and coordination of services with other social and health agencies, the General Assembly shall set aside in the annual general appropriations act other campus incentive funds which must be used by the school districts and any interested schools to compensate faculty for their time and effort. The State Board Superintendent of Education shall promulgate guidelines that ensure that the districts of the State utilize these funds in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocation."
SECTION 57. Section 59-24-20 of the 1976 Code is amended to read:
"Section 59-24-20. Beginning with the school year 1986-87, the Commission on Higher Education, with the assistance of the State Board Superintendent of Education, shall require all state-supported colleges and universities which offer graduate degrees in school administration to increase the entrance requirements for admission to these graduate programs and shall specifically enumerate what increases are necessary to each college and university offering these programs."
SECTION 58. Section 59-24-40 of the 1976 Code, as last amended by Act 50 of 1997, is further amended to read:
"Section 59-24-40. For the purposes of assisting, developing, and evaluating principals, the State Board Superintendent of Education, through the State Department of Education, shall adopt criteria and statewide performance standards which shall serve as a foundation for all processes used for assisting, developing, and evaluating principals employed in the school districts of this State. The State Department of Education shall select or cause to be developed and the State Board Superintendent of Education shall promulgate regulations for the evaluation of the performance of all principals based on those criteria and standards. School districts shall use the standards and procedures adopted by the State Board Superintendent of Education for the purpose of evaluating all principals at least once every three years. The State Department of Education shall ensure that the criteria and standards are valid and reliable and are appropriately administered. Evaluation results must be provided in writing and a professional development plan established based on the principal's strengths and weaknesses and taking into consideration the school's strategic plan for improvement for the purpose of improving the principal's performance. Any principal whose performance on an evaluation is rated unsatisfactory must be evaluated again within one year. Nothing in this section limits or prohibits school districts from setting additional and more stringent standards for the evaluation of principals. A satisfactory rating on the evaluation is one of several criteria for overall performance evaluation and is not sufficient for reemployment as a principal by a school district.
The State Department of Education shall review the implementation of the principal evaluation in the school districts for the purpose of providing technical assistance and ensuring the evaluations are appropriately administered.
The provisions of this section must be implemented according to the following schedule:
1997-98 school year: Identification of criteria and standards;
1998-99 school year: Development and testing of criteria, standards, and procedures in selected districts;
1999-2000 school year: Statewide implementation."
SECTION 59. Sections 59-24-60, as added by Act 299 of 1994; 59-24-65, as added by Act 100 of 1999; 59-24-80, as added by Act 400 of 1998; 59-24-100 and 59-24-110, both as last amended by Act 400 of 1998; and 59-21-120 of the 1976 Code are amended to read:
"Section 59-24-60. In addition to other provisions required by law or by regulation of the State Board Superintendent of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.
Section 59-24-65. The State Department of Education shall establish a Principals' Executive Institute (PEI) with the funds appropriated for that purpose.
(1) A task force appointed by the State Superintendent of Education shall begin on or before July 1, 1999, to design this program so that the first class of participants shall begin during school year 1999-2000. The task force shall include, but is not limited to, representatives from the State Department of Education, business leaders, university faculty, district superintendents, school principals, South Carolina Teachers of the Year, representatives from professional organizations, members of the Education Oversight Committee, and appropriate legislative staff.
(2) The purpose of the PEI is to provide professional development to South Carolinas principals in management and school leadership skills.
(3) By January 1, 2000, the State Board Superintendent of Education shall establish regulations governing the operation of the PEI.
(4) The focus of the first year of the Principals' Executive Institute shall be to serve the twenty-seven principals from impaired schools and other experienced principals as identified by the South Carolina Leadership Academy of the Department of Education and as approved by the local public school districts which employ such principals.
(5) The creation of the Principals' Executive Institute shall not duplicate the State Department of Educations Leadership Academy programs but shall provide intensive, in-depth training in business principles and concepts as they relate to school management and the training and developmental programs for principals mandated under the 1998 Education Accountability Act.
Section 59-24-80. Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for the first time as the head building administrators with a formalized induction program in cooperation with the State Department of Education. The State Board Superintendent of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on the elements of instructional leadership skills, implementation of effective schools research, and analysis of test scores for curricular improvement.
Section 59-24-100. The State Board Superintendent of Education acting with the assistance of the Education Oversight Committee shall cause to be developed and implemented a school principal incentive program to reward school principals who demonstrate superior performance and productivity. Funds for school principal incentive programs must be provided by the General Assembly in the annual general appropriation act.
Section 59-24-110. The school principal incentive program must be developed based on the following guidelines:
(1) The State Board Superintendent of Education shall identify incentive criteria in school year 1984-85. The State Board Superintendent shall cause no more than three programs to be developed or selected in nine school districts in school year 1985-86. Pilot testing of no more than these three programs must occur in nine school districts, designated by the State Board superintendent upon the recommendation of the Education Oversight Committee, in school year 1986-87 and by regulation implemented statewide beginning with school year 1987-88.
(2) No school principals shall receive funds under the incentive program unless the individual meets or exceeds all eligibility standards set out in the district's program.
(3) Prior to the 1987-88 school year, the State Board superintendent, with the assistance of an advisory committee it appoints, and acting through the State Department of Education, shall establish by regulation an incentive program for rewarding and retaining principals who demonstrate superior performance and productivity.
(4) The incentive program shall include:
(a) evaluation for instructional leadership performance as it related to improved student learning and development;
(b) evaluation by a team which includes school administrators, teachers, and peers;
(c) evidence of self-improvement through advanced training;
(d) meaningful participation of school principals in the development of the plan; and
(e) working with student teachers whenever possible.
(5) Funds for the school principal incentive program must be distributed to the school districts of the State on a per principal basis. Principal incentive rewards may not exceed five thousand dollars a principal.
The State Board Superintendent of Education shall promulgate regulations that ensure that the districts of the state utilize the funds in an appropriate manner and establish a procedure for redistributing funds from districts that do not require all of their allocations.
Section 59-24-120. The State Board Superintendent of Education shall establish guidelines for selected school districts of this State to implement programs whereby persons who demonstrate outstanding potential as principals in the opinion of the district may be given the opportunity to serve an apprenticeship as a principal in the selected districts."
SECTION 60. Section 59-25-110 of the 1976 Code is amended to read:
"Section 59-25-110. The State Board Superintendent of Education, by rules and regulations, shall formulate and administer a system for the examination and certification of teachers."
SECTION 61. Sections 59-25-150 through 59-25-210 of the 1976 Code are amended to read:
"Section 59-25-150. The State Board Superintendent of Education may, for just cause, either revoke or suspend the certificate of any person.
Section 59-25-160. 'Just cause' may consist of any one or more of the following:
(1) Incompetence;
(2) Wilful neglect of duty;
(3) Wilful violation of the rules and regulations of the State Board Superintendent of Education;
(4) Unprofessional conduct;
(5) Drunkenness;
(6) Cruelty;
(7) Crime against the law of this State or the United States;
(8) Immorality;
(9) Any conduct involving moral turpitude;
(10) Dishonesty;
(11) Evident unfitness for position for which employed; or
(12) Sale or possession of narcotics.
Section 59-25-170. No person's certificate may be either revoked or suspended unless written notice specifying the cause for either the revocation or suspension has been given to the person by the State Board Superintendent of Education and a hearing has been afforded such person.
Section 59-25-180. Whenever the State Board Superintendent of Education either revokes or suspends a certificate of any person it shall immediately notify the chairman of the district board of trustees that employs such person of the revocation or suspension.
Section 59-25-190. The revocation or suspension of the certificate of any person shall terminate the employment of such person until such time as a decision is reached concerning the charge against such person; however, such person shall be paid until the final disposition of the case by the State Board Superintendent of Education.
Section 59-25-200. Within fifteen days after receipt of notice of revocation or suspension, such person may serve upon the chairman of the State Board of Education or the State Superintendent of Education a written request for either a public or private hearing before the board superintendent. The hearing shall be held by the board superintendent not less than ten days nor more than twenty days after the request is served, and a notice of the time and place of the hearing shall be given the person not less than four days prior to the date of the hearing. At the hearing, which shall be as summary and as simple as reasonably may be, the parties may appear in person and by counsel, if desired, and may present any testimony, under oath, or other evidence as may be pertinent. Within fifteen days following the hearing, the board superintendent shall determine whether there existed just cause for the notice of revocation or suspension and shall render its written order accordingly either affirming, withdrawing, or modifying the notice of revocation or suspension.
Section 59-25-210. The State Board Superintendent of Education, for the purposes of this article, shall have the power to subpoena witnesses, to administer oaths, and to examine witnesses and such parts of any books and records as relate to the issue or issues involved."
SECTION 62. Sections 59-25-240; 59-25-250, as last amended by Act 184 of 1993; and 59-25-260 and 59-25-270, both as last amended by Act 55 of 1999, of the 1976 Code are amended to read:
"Section 59-25-240. The county sheriffs and their respective deputies shall serve all subpoenas of the State Board Superintendent of Education and shall receive the same fees as are now provided by law for like service. Each witness who appears in obedience to such subpoena shall receive for attendance the fees and mileage of witnesses in civil cases in the courts of the county in which the hearing is held.
Section 59-25-250. (A) Upon application by the State Board Superintendent of Education, the court of common pleas shall enforce by proper proceedings the attendance and testimony of witnesses and the production of books, papers, and records. The unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the State Board Superintendent of Education is a misdemeanor. A person who engages in this conduct, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(B) The State Board Superintendent of Education may issue to the sheriff of the county in which a hearing is held a warrant requiring him to produce at the hearing a witness who has ignored or failed to comply with any subpoena issued by the State Board Superintendent of Education and properly served upon the witness. The warrant authorizes the sheriff to arrest and produce at the hearing the witness, and it is his duty to do so. The failure of a witness to appear in response to a subpoena may be excused on the same grounds as provided by law for the attendance of witnesses in the courts of this State.
Section 59-25-260. The findings of fact by the State Board Superintendent of Education shall be final and conclusive. The person aggrieved by the order of the State Board Superintendent of Education, within thirty days thereafter, may appeal to the court of common pleas, to review errors of law only, by filing with the State Board Superintendent of Education notice of such appeal and of the grounds thereof. The State Board Superintendent of Education shall within thirty days thereafter, file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules.
Section 59-25-270. If either the State Board Superintendent of Education, the court of common pleas, the court of appeals, or the Supreme Court of South Carolina reverses the order of revocation or suspension, the person whose certificate had been either revoked or suspended by the state board superintendent shall be fully reinstated and shall receive all salary lost as a result of such revocation or suspension of his certificate; provided, however, that where the State Board Superintendent of Education, within the time prescribed by law, appeals from an order of the court of common pleas reversing an order of revocation or suspension rendered by the State Board Superintendent of Education, the person whose certificate had either been revoked or suspended by the state board superintendent shall not be entitled to be reinstated and to receive all salary lost as a result of his certificate's revocation or suspension by the state board superintendent unless and until the Supreme Court or court of appeals affirms the order of the court of common pleas."
SECTION 63. Section 59-25-530 of the 1976 Code is amended to read:
"Section 59-25-530. Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conduct. A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period. Upon the formal complaint of the school board, substantiated by conclusive evidence, the State superintendent shall suspend or revoke the teacher's certificate, for a period not to exceed one calendar year. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate."
SECTION 64. Section 59-25-760 of the 1976 Code is amended to read:
"Section 59-25-760. All notices to be given under this article by either the county board or the State Board Superintendent shall be given to both parties and the notices herein required to be given by a party shall be served upon the opposite party prior to the filing thereof. All of such notices may be served by registered mail."
SECTION 65. Sections 59-25-800; 59-25-810; 59-25-820; 59-25-830, as last amended by Act 55 of 1999; 59-25-840; 59-25-850; and 59-25-860 of the 1976 Code are amended to read:
"Section 59-25-800. The county board may, in determining whether or not a discrimination exists, recommend that the State Board Superintendent of Education require all teachers in the district to be examined and recertified under the procedure then in force for the certification of teachers as to their qualifications and may thereupon require the trustees of such district to classify such teachers in accordance with such recertification for the purpose of fixing their salaries, to the end that the salaries of such teachers shall be based upon the value of the services rendered, it being found as a fact that each grade of teachers' certificates now outstanding is held by teachers of greatly varying efficiency, abilities and accomplishments. Should no appeal be taken from a decision of the county board making such recommendation, the State Board Superintendent of Education shall carry out such recommendation.
Section 59-25-810. Within thirty days after the receipt of any such notice of such decision of the county board, any party thereto shall have the right to appeal to the State Board Superintendent of Education by filing a notice of appeal, stating the grounds thereof, with the county board of education. Upon such appeal being filed, the county board, within thirty days thereafter, shall file a full and complete certified transcript of the proceedings had before it with the State Board Superintendent of Education. Upon receipt of such appeal, the State Board Superintendent of Education shall fix a time and place for the hearing thereof and give notice, by registered mail, to the parties involved. Such appeal shall be heard upon the transcript of the proceedings from the county board and such other investigation and additional testimony as the State Board Superintendent may elect to take, all of which, if taken, shall be reported and made a part of the record. The State Board Superintendent of Education shall review all questions of law and fact and, in determining the matter, exercise its discretion as an original duty imposed upon it. All powers and remedies herein conferred on county boards as to subpoenaing witnesses, enforcing attendance, taking and production of evidence and other procedural matters are hereby conferred upon the State Board Superintendent.
Section 59-25-820. The State Board Superintendent of Education, upon its own initiative, in the accomplishment of justice in the matter, may require all teachers in the district from which the appeal came to be examined and recertified under the procedure then in force for the certification of teachers as to their qualifications and shall thereupon require the trustees of such district to classify such teachers in accordance with such recertification for the purpose of fixing their salaries, to the end that the salaries of such teachers shall be based upon the value of services rendered.
Section 59-25-830. The findings of fact by the State Board Superintendent of Education shall be final and conclusive as to all parties, but any party thereto may, within thirty days thereafter, appeal to the court of common pleas of the county in which the appeal arose, to review error of law only, by filing with the State Board Superintendent of Education notice of the appeal and of the grounds for the appeal. The state board superintendent, within thirty days thereafter, shall file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules.
Section 59-25-840. Any decision of either the county board or the State Board Superintendent which shall become final by reason of no appeal being taken therefrom as herein provided shall be filed in the office of the clerk of court of the county in which the complaint arose within ten days after such decision becomes final by the board or superintendent rendering the decision. Any party thereto shall have the right to apply to the circuit court of such county for the enforcement of such decision and the court shall enforce such decision in the same manner as judgments of such court are enforced.
Section 59-25-850. Nothing contained herein shall give any teacher any right to claim compensation in addition to that received for the period prior to the filing of the complaint with the county board as provided in Section 59-25-720.
Section 59-25-860. Costs shall be taxed in the proceedings authorized hereunder by the respective boards in accordance with the procedure and limitations applicable to taxing costs in a civil action at law in the court of common pleas. The clerk of each board shall be allowed the same fees as clerks of court of the county in which the proceedings arose, and any other fees or costs allowed by law in the court of common pleas in actions at law, and which are taxable as costs, shall apply in the proceedings before the boards and be taxable as costs. The costs so taxed of both parties shall be paid by the State Board Superintendent of Education."
SECTION 66. Chapter 26, Title 59 of the 1976 Code is amended to read:
Section 59-26-10. It is the intent of this chapter to provide for a fair, cohesive, and comprehensive system for the training, certification, initial employment, evaluation, and continuous professional development of public educators in this State. The following guidelines, which further constitute the intent of this chapter must be adhered to by all state and local officials, agencies, and boards in interpreting and implementing the provisions of this chapter so that the system provided for herein shall:
(a) upgrade the standards for educators in this State in a fair, professional, and reasonable manner;
(b) assure that prospective teachers have basic reading, mathematics, and writing skills;
(c) improve the educator training programs and the evaluation procedures for those programs;
(d) assure that prospective teachers know and understand their teaching areas and are given assistance toward the achievement of their potential;
(e) assure that school districts implement a comprehensive system for assisting, developing, and evaluating teachers employed at all contract levels.
Section 59-26-20. The State Board Superintendent of Education, through the State Department of Education, and the Commission on Higher Education shall:
(a) develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State;
(b) adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties;
(c) establish program approval procedures which shall assure that all members of visiting teams which review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams;
(d) render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter;
(e) adopt program approval standards so that all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this chapter before final admittance into the undergraduate teacher education program. These program approval standards shall include, but not be limited to, the following:
(1) A student initially may take the basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more than four times.
(3) If a student has not passed the examination, he may not be conditionally admitted to a teacher education program after December 1, 1996. After December 1, 1996, any person who has failed to achieve a passing score on all sections of the examination after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person shall first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination then may be given to this person. If the person fails to pass the examination after the third attempt, after a period of three years, he may take the examination or any sections not passed for a fourth time under the same terms and conditions provided by this section of persons desiring to take the examination for a third time.
Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board Superintendent of Education for these teacher education programs.
(f) administer the basic skills examination provided for in this section three times a year;
(g) report the results of the examination to the colleges, universities, and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance;
(h) adopt program approval standards so that all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations;
(i) adopt program approval standards whereby each student teacher must be evaluated and assisted by a representative or representatives of the college or university in which the student teacher is enrolled. Evaluation and assistance processes shall be locally developed or selected by colleges or universities in accordance with State Board Superintendent of Education regulations. Processes shall evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All college and university representatives who are involved in the evaluation and assistance process shall receive appropriate training as defined by State Board Superintendent of Education regulations. The college or university in which the student teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome any identified deficiencies;
(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board Superintendent of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments shall not be reimbursed. The Department of Education and the local school district shall be responsible for annual distribution of the critical needs list. It shall be the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1.
Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.
Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.
In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;
(k) for special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille;
(l) adopt program approval standards so that students who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel shall complete successfully training and teacher development experiences in teaching higher order thinking skills;
(m) adopt program approval standards so that programs in a college or university in this State which lead to certification as administrative personnel must include training in methods of making school improvement councils an active and effective force in improving schools;
(n) the Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board Superintendent of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The Education Oversight Committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a 'talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale.
Section 59-26-30. (A) In the area of cognitive assessments for teachers and teacher certification, the State Board Superintendent of Education, acting through the State Department of Education, shall:
(1) adopt a basic skills examination in reading, writing, and mathematics that is suitable for determining whether students may be admitted fully into an undergraduate teacher education program. The examination must be designed so that results are reported in a form that shall provide colleges, universities, and students with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations must be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board Superintendent of Education, a prospective school teacher reasonably is expected to achieve;
(2) adopt nationally recognized teaching examinations that measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results are reported in a form that provide a student with specific information about the student's strengths and weaknesses. Procedures, test questions, and information from existing examinations and lists of validated teacher competencies are used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the State Board Superintendent of Education concludes that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations must be validated. The teaching examinations must be developed or selected only for those areas in which State Board Superintendent of Education approved area examinations are not available;
(3) use nationally recognized specific teaching area examinations approved by the State Board Superintendent of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The State Board Superintendent of Education shall examine these levels to determine if adjustments are required. Periodic examinations shall be made to assure the validity of qualifying scores. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board Superintendent of Education is not available, the state board superintendent shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use;
(4) report the results of the teaching examinations to the student in written form that provides specific information about the student's strengths and weaknesses. Every effort must be made to report the results of the area examinations and common examinations in written form that provides specific information about the student's strengths and weaknesses;
(5) report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution must be in a form that assists the institution in further identifying strengths and weaknesses in its teacher training programs;
(6) provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education;
(7) award a teaching certificate to a person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes;
(8) award a conditional teaching certificate to a person eligible to hold a teaching certificate who does not qualify for full certification under item (7) above provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the board superintendent has determined there exists a critical shortage of teachers, and the person has passed the appropriate teaching examination. The board superintendent may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board superintendent. In part, satisfactory progress is the progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified;
(9) promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.
(B) For purposes of assisting, developing, and evaluating professional teaching, the State Board Superintendent of Education, acting through the State Department of Education shall:
(1) adopt a set of state standards for teaching effectiveness which shall serve as a foundation for all processes used for assisting, developing, and evaluating student teachers, as well as teachers employed under induction, provisional, annual, or continuing contracts;
(2) promulgate regulations to be used by colleges and universities no later than the 1998-99 school year for evaluating and assisting student teachers. Evaluation and assistance programs developed or adopted by colleges or universities shall include appropriate training for all personnel involved in the process. Student teachers shall be provided with guidance and assistance throughout the student teaching assignment, as well as provided with formal written feedback on their performance with respect to state standards for teaching effectiveness;
(3) promulgate regulations to be used by local school districts no later than the 1998-99 school year for providing formalized induction programs for teachers employed under induction contracts. Induction programs developed or adopted by school districts shall provide teachers with comprehensive guidance and assistance throughout the school year, as well as provide teachers with formal written feedback on their strengths and weaknesses relative to all state standards for teaching effectiveness;
(4) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under provisional contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;
(5) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under annual contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;
(6) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting evaluations of teachers employed under continuing contracts. Continuing contract teachers must be evaluated at least once every three years. At the discretion of the local school district, evaluations for individual teachers may be formal or informal. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified. Informal evaluations shall be conducted with a goals-based process which requires teachers to accomplish individualized professional development goals. Goals shall be established by the teacher, in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans;
(7) promulgate regulations so that, beginning with the 1998-99 school year, all college, university, and school district strategies, programs, and processes for assisting, developing, and evaluating teachers pursuant to this section, must be approved by the State Board Superintendent of Education. Regulations also shall establish procedures for conducting periodic evaluations of the quality of the strategies, programs, and processes adopted by school districts and institutions of higher education in implementing the provisions of this chapter in order to provide a basis for refining and improving the programs for assisting, developing, and evaluating student teachers and teachers on induction, provisional, annual and continuing contracts; planning technical assistance; and reporting to the General Assembly on the impact of the comprehensive system for training, certification, initial employment, evaluation and continuous professional development of public educators in this State;
(8) promulgate regulations which establish procedures for the State Department of Education to provide colleges, universities, and school districts with ongoing technical assistance for assisting, developing, and evaluating teachers pursuant to this section;
(9) promulgate regulations and procedures so that, beginning with the 1998-99 school year or until such time as regulations required by this section become effective and, thereafter, school districts shall report to the State Department of Education teacher evaluation results and teaching contract decisions on an annual basis. The State Department of Education shall maintain this information and make it available to colleges, universities, and school districts upon request;
(10) beginning with the 1997-98 school year, the Assessments of Performance in Teaching (APT) shall no longer be used to evaluate student teachers. Until such time as regulations pursuant to this section become effective, colleges and universities shall evaluate and assist student teachers in accordance with State Board Superintendent of Education guidelines; and
(11) during the 1997-98 school year, the APT shall no longer be required for evaluating induction contract teachers. During this year, if school districts are ready to implement a formal induction program for induction contract teachers, as required by this section, they may do so. If school districts are not ready to implement such a program, they must progress toward developing or adopting a program to be implemented beginning with the 1998-99 school year. In this circumstance, school districts may use the APT. Beginning with the 1998-99 school year, no school district shall use the APT for evaluating induction contract teachers. Until such time as regulations pursuant to this section become effective, school district strategies, programs, and processes for assisting, developing, and evaluating teachers shall be developed, adopted, and implemented in accordance with State Board Superintendent of Education guidelines.
Section 59-26-40. (A) A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by a school district under a nonrenewable induction contract. All school districts shall comply with procedures and requirements promulgated by the State Board Superintendent of Education relating to aid, supervision, and evaluation of persons teaching under an induction contract. All teachers working under an induction contract must be paid at least the beginning salary on the state minimum salary schedule.
(B) Each school district shall provide teachers employed under induction contracts with a formalized induction program developed or adopted in accordance with State Board Superintendent of Education regulations.
(C) At the end of the one-year induction contract period, a teacher who successfully completes the induction year, as determined by the local school district, shall become eligible for employment at the annual contract level. A teacher who, in the opinion of the local school district, is not ready for employment at the annual contract level, shall become eligible for employment under a one-year provisional contract. At the discretion of the local school district in which the induction teacher was employed, the district may employ the teacher eligible for an annual contract under a one-year annual contract and may employ the teacher eligible for a provisional contract under a one-year provisional contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the contract level for which the teacher is eligible. No person may be employed as an induction teacher or as a provisional teacher for more than one year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board Superintendent of Education. During the induction and provisional contract periods, the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply.
(D) Provisional contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board Superintendent of Education regulations. Teachers employed under a provisional contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. At the end of the provisional contract year if a teacher has successfully completed the formal evaluation process and the professional growth plan, the teacher becomes eligible for employment at the annual contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under an annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. If a teacher did not successfully complete the formal evaluation process or the professional growth plan, the teacher shall not be eligible for reemployment as a classroom teacher in any public school in this State until the teacher completes six units of credit for certificate renewal and six units of credit for remediation of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under a provisional contract for one more year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board Superintendent of Education.
(E) Annual contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board Superintendent of Education regulations. Teachers employed under an annual contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans.
(F) At the end of a first annual contract year, if a teacher has successfully completed the evaluation process and it is the opinion of the school district that the teacher's performance during the first annual contract year was sufficiently high based on criteria established by the State Department of Education and the local board of trustees, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district. At the discretion of the next hiring district, the teacher may be employed at the annual or continuing contract level. If at the end of the first annual contract year a teacher did not successfully complete the evaluation process or if it is the opinion of the school district that the teacher's performance during the first annual contract year was not sufficiently high based on criteria established by the local board of trustees, the teacher is eligible for employment under a second annual contract. At the discretion of the school district, the district may employ the teacher under a second annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level.
(G) At the end of a second annual contract year, if a teacher has successfully completed the evaluation process and the professional growth plan, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under a continuing contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the continuing contract level. If at the end of the second annual contract year a teacher did not successfully complete the evaluation process or the professional growth plan, the teacher may not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as an annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under annual contracts for up to two additional years to continue toward the next contract level. The provisions of this subsection granting an opportunity for reentry into the profession are available to a teacher only once. This subsection does not preclude the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board Superintendent of Education.
(H) During the annual contract period the employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25 of this title do not apply. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees.
An appeal shall include:
(1) a brief statement of the questions to be presented to the board; and
(2) a brief statement in which the teacher states his belief about how the superintendent erred in his judgment.
Failure to file an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become the final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing, and after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that a hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
(I) A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
(J) After successfully completing an induction contract year, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. Continuing contract teachers shall have full procedural rights that currently exist under law relating to employment and dismissal. Teachers employed under continuing contracts shall be evaluated at least once every three years. At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations shall be conducted with a process developed or adopted by the local district in accordance with State Board Superintendent of Education regulations. The formal process shall also include an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, shall be conducted with a goals-based process in accordance with State Board Superintendent of Education regulations. The professional development goals shall be established by the teacher in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans.
(K) If a person has completed an approved teacher training program at a college or university outside this State, has met all requirements for certification in this State, and has less than one year of teaching experience, he may be employed by a school district under an induction contract. If he has one or more years of teaching experience, he may be employed by a district under an annual contract.
(L) Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. After completing an induction contract year, the teachers may be employed for a maximum of one year under a provisional contract and three years under an annual contract or for four years under annual contracts to establish their eligibility for employment as continuing contract teachers. Before being eligible for a continuing contract, these teachers shall pass a basic skills examination developed in accordance with Section 59-26-30, a state approved skill assessment in their area, the teaching examination developed in accordance with Section 59-26-30, and successfully complete the performance evaluations as required for all teachers who are employed under annual contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board Superintendent of Education.
(M) Before the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime.
(N) The State Department of Education shall ensure that colleges, universities, school districts, and schools comply with the provisions established in this chapter.
Section 59-26-50. (a) There is hereby created as an agency of state government the South Carolina Educator Improvement Task Force composed of twelve members. The State Superintendent of Education with the advice and consent of the State Board Superintendent of Education shall appoint six members, one of whom may be himself, one of whom shall be a public school teacher and one of whom shall be a public school administrator. The Governor shall appoint six members, one from each congressional district and not less than two of whom shall be employed at state institutions of higher education and not less than one of whom is a member of a local school board. The Governor, as soon as possible after all appointments are made, shall designate one of the twelve members of the Task Force to serve as a temporary chairman of the Task Force. The temporary chairman shall serve in that capacity for a period not to exceed six months and a permanent chairman shall then be elected by the membership of the Task Force. Any vacancy shall be filled in the manner of the original appointment. The members shall receive such per diem, mileage and subsistence as is provided by law for members of state boards, committees and commissions to be paid from funds appropriated for the operation of the State Department of Education. Every consideration shall be given to insure appropriate racial balance in appointments.
(b) The Task Force shall organize by electing such other officers as it deems necessary. Bylaws may be adopted by a majority vote as deemed necessary.
(c) The powers and duties of the Task Force shall be as follows:
(1) Employ as director of the special project a person who has specific skills and experience to carry out the requirements of this chapter.
(2) Exercise supervision over the special project to insure that the intent of this chapter is carried out.
(3) Seek input from the public and other state agencies concerning the implementation of this chapter.
(4) Confer periodically with the State Board Superintendent of Education and submit a final report to the Board superintendent concerning the implementation of this chapter. The report shall include a plan for the implementation of the responsibilities assigned to the Task Force by this chapter. The Board superintendent shall approve or disapprove the implementation plan within forty-five days. If the Board superintendent disapproves the plan, it shall submit the reasons for disapproval to the Chairman of the Task Force within fifteen days, and the Task Force shall, after consideration of the reasons for the disapproval, submit a revised implementation plan or the original plan with justification therefor to the State Board Superintendent of Education within thirty days. If the Board superintendent then disapproves the original or revised plan, the Chairman of the Task Force and the Chairman of the Board superintendent shall within thirty days call a joint meeting and a majority vote of the Board and Task Force shall determine the plan to be implemented.
(5) Report to the Governor, the State Board Superintendent of Education, the Chairman of the Senate Education Committee and the Chairman of the House Education and Public Works Committee by March 1, 1980, and annually thereafter, on the status of the implementation of this chapter. The annual report shall include any recommendations for legislative or executive action to facilitate achieving the intent of this chapter.
(6) Provide advice to the Board Superintendent of Education and Commission on Higher Education concerning actions that may be needed to upgrade teacher training programs or otherwise facilitate progress toward achieving the intent of this chapter. Such advice shall include a determination of the minimum financial support per provisional and annual contract teacher that should be provided to local school districts by the General Assembly to compensate the districts for the additional duties imposed upon them by the provisions of this chapter.
(d) The Task Force shall terminate July 1, 1982, and may be extended only by a vote of two-thirds of the members of the House present and voting and two-thirds of the members of the Senate present and voting. If any of the implementation dates set forth in this chapter are extended by the General Assembly, the termination date of the Task Force may be extended for the same length of time by a majority vote of the members of the House and a majority vote of the members of the Senate.
Section 59-26-60. The General Assembly shall appropriate the necessary funds for operation of the Educator Improvement Task Force.
Section 59-26-70. The State Board Superintendent of Education, through the State Department of Education, in order to offer students more instructional time in a particular basic skill, may allow adjustments in the amount of instructional time required in each of the subjects in the State's defined minimum program. No commission or agency of the State shall require any public high school in this State to require foreign language as a prerequisite to receiving a regular high school diploma.
Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.
(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.
Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each.
Section 59-26-100. The State Board Superintendent of Education, acting through the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board superintendent."
SECTION 67. Item 1, Article 2, Chapter 27, Title 59 of the 1976 Code is amended to read:
"1. 'Educational personnel' means persons who must meet requirements pursuant to state law or state board superintendent of education regulation as a condition of employment in educational programs."
SECTION 68. Section 59-27-20 of the 1976 Code is amended to read:
"Section 59-27-20. The 'designated State official' for this State shall be the State Superintendent of Education. He shall enter into contracts pursuant to Article 3 of the agreement only with the approval of the specific text thereof by the State Board Superintendent of Education."
SECTION 69. Section 59-28-130 of the 1976 Code, as added by Act 402 of 2000, is amended to read:
"Section 59-28-130. The State Board Superintendent of Education shall:
(1) require school and district long-range improvement plans required in Section 59-139-10 to include parental involvement goals, objectives, and an evaluation component;
(2) recognize districts and schools where parental involvement significantly increases beyond stated goals and objectives; and
(3) establish criteria for staff training on school initiatives and activities shown by research to increase parental involvement in their children's education."
SECTION 70. Sections 59-28-150(10) and 59-28-160 of the 1976 Code, both as added by Act 402 of 2000, are amended to read:
"(10) monitor and evaluate parental involvement programs statewide by designing a statewide system which will determine program effectiveness and identify best practices and report evaluation findings and implications to the General Assembly, State Board Superintendent of Education, and Education Oversight Committee.
Section 59-28-160. Each local school board of trustees shall:
(1) consider joining national organizations which promote and provide technical assistance on various proven parental involvement frameworks and models;
(2) incorporate, where possible, proven parental involvement practices into existing policies and efforts;
(3) adopt policies that emphasize the importance, strive to increase and clearly define expectations for effective parental involvement practices in the district schools;
(4) provide for all faculty and staff, no later than the 2002-2003 school year, parental involvement orientation and training through staff development with an emphasis on unique school and district needs and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board Superintendent of Education;
(5) provide incentives and formal recognition for schools that significantly increase parental involvement as defined by the State Board Superintendent of Education;
(6) require an annual briefing on district and school parental involvement programs including findings from state and local evaluations on the success of the district and schools' efforts; and
(7) include parental involvement expectations as part of the superintendent's evaluation."
SECTION 71. Sections 59-29-10, as last amended by Act 400 of 1998, and 59-29-20 of the 1976 Code are amended to read:
"Section 59-29-10. The county board of education and the board of trustees for each school district shall see that in every school under their care there shall be taught, as far as practicable, orthography, reading, writing, arithmetic, geography, English grammar and instruction in phonics, the elements of agriculture, the history of the United States and of this State, the principles of the Constitutions of the United States and of this State, morals and good behavior, algebra, physiology and hygiene (especially as to the effects of alcoholic liquors and narcotics upon the human system), English literature, and such other branches as the state board superintendent may from time to time direct.
Section 59-29-20. The nature of alcoholic drinks and narcotics and special instruction as to their effect upon the human system shall be taught in all the grammar and high schools of this State which receive any State aid whatsoever and shall be studied and taught as thoroughly and in the same manner as all other required branches in such schools, as may be required by the State Board Superintendent of Education. The State Board Superintendent of Education shall provide for the enforcement of the provisions of this section."
SECTION 72. The second paragraph of Section 59-29-30 of the 1976 Code is amended to read:
"The district board of trustees shall each year inform the State Board Superintendent of Education of the week each public school in its district has designated as Alcohol and Narcotics Education Week, and the State Board Superintendent of Education shall, through the Department of Education, provide suitable printed materials and other aids for use in the observance of the week."
SECTION 73. Section 59-29-40 of the 1976 Code is amended to read:
"Section 59-29-40. Films depicting the nature of alcoholic drinks and narcotics and special instructions as to their effect upon the human system shall be taught in all the junior high and high schools of this State and shall be studied and taught as thoroughly and in the same manner as all other required branches in such schools, as may be required by the State Board Superintendent of Education. Such films shall be presented at orientation programs of all State-supported institutions of higher learning. The South Carolina Television Center shall make available to such schools and institutions television programs and films with commentary relative to such subject matter and the school shall require each student enrolled therein to view such program or film. The State Board Superintendent of Education or the college or university officials, as the case may be, shall provide for the enforcement of the provisions of this section."
SECTION 74. Section 59-29-55 of the 1976 Code is amended to read:
"Section 59-29-55. The State Board Superintendent of Education shall examine the current status of the teaching of South Carolina History. By the 1989-1990 school year, each public school of the State must instruct students in the history of the black people as a regular part of its history and social studies courses. The State Board Superintendent of Education shall establish regulations for the adoption of history and social studies textbooks which incorporate black history and shall, through the State Department of Education, assist the school districts in developing and locating suitable printed materials and other aids for instruction in black history. The State Board Superintendent of Education shall examine curricular material for grades 1-6 to determine the level of emphasis on the relationship of agriculture and other industries to the South Carolina economy."
SECTION 75. Section 59-29-70 of the 1976 Code is amended to read:
"Section 59-29-70. The State Board Superintendent of Education shall provide for instruction in fire prevention in the elementary public schools of the State. Each teacher in a public school of this State shall give such instruction in fire prevention as may be prescribed by the state Board superintendent."
SECTION 76. Section 59-29-100, as last amended by Act 141 of 1994, and 59-29-110 of the 1976 Code are amended to read:
"Section 59-29-100. The State Superintendent of Education shall supervise the administration of Section 59-29-80 and shall prescribe the necessary course or courses in physical education, training, and instruction. Beginning with school year 1995-96, the required physical education course in the secondary schools shall occur over two semesters. For one semester, a personal fitness and wellness component must be taught and for one semester a lifetime fitness component must be taught either over the semester or in two nine-week divisions. The State Board Superintendent of Education is authorized to promulgate regulations and prepare or cause to be prepared, published, and distributed a manual of instruction, courses of study, or other matters as it considers necessary or suitable to carry out the provisions of this section.
Section 59-29-110. The board of trustees of any State high school district may, with the approval and consent of the county board of education, provide for theoretical and practical instruction and training in military science and tactics in their high school, prescribe the grades in which such instruction and training shall be given and provide the necessary instructors and materials for the same. The State Board Superintendent of Education shall establish and promulgate proper and suitable rules and regulations governing such instructions and training, and the Adjutant General shall assist and cooperate with the State Board Superintendent of Education in the preparation of suitable rules and regulations to govern and control such instruction and training in State high schools and shall exercise such supervision and control of such instruction and training as the State Board Superintendent of Education may approve and require. Any such high school may, under such rules and regulations as the State Board Superintendent of Education may prescribe, install and maintain United States junior reserve officers training corps units."
SECTION 77. Sections 59-29-170, as last amended by Act 400 of 1998, and 59-29-179 of the 1976 Code are amended to read:
"Section 59-29-170. Not later than August 15, 1987, gifted and talented students at the elementary and secondary levels must be provided programs during the regular school year or during summer school to develop their unique talents in the manner the State Board Superintendent of Education must specify and to the extent state funds are provided. The Education Oversight Committee shall study the implementation of this section and report its findings to the General Assembly by July 1, 1986. By August 15, 1984, the State Board Superintendent of Education shall promulgate regulations establishing the criteria for student eligibility in Gifted and Talented Programs. The funds appropriated for Gifted and Talented Programs under the Education Improvement Act of 1984 must be allocated to the school districts of the State on the basis that the number of gifted and talented students served in each district bears to the total of all those students in the State. However, districts unable to identify more than forty students using the selection criteria established by regulations of the State Board Superintendent of Education shall receive fifteen thousand dollars annually. Provided, further, school districts shall serve gifted and talented students according to the following order of priority: (1) grades 3-12 academically identified gifted and talented students not included in the state-funded Advanced Placement Program for eleventh and twelfth grade students; (2) after all students eligible under priority one are served, students in grades 3-12 identified in one of the following visual and performing arts areas: dance, drama, music, and visual arts must be served; and (3) after all students eligible under priorities one and two are served, students in grades 1 and 2 identified as academically or artistically gifted and talented must be served. All categories of students identified and served shall be funded at a weight of .30 for the base student cost as provided in Chapter 20 of this title. Where funds are insufficient to serve all students in a given category, the district may determine which students within the category shall be served. Provided, further, no district shall be prohibited from using local funds to serve additional students above those for whom state funds are provided.
Section 59-29-179. The State Board Superintendent of Education shall establish a committee, which includes, but is not limited to, personnel from the State Department of Education, school districts, and institutions of higher education. The purpose of the committee shall be to assist the State Board Superintendent of Education in the identification of the dimensions of thinking which shall constitute "higher order thinking and problem solving" for purposes of Sections 59-26-30(b)(3), 59-26-30(b)(7), 59-26-30(j), 59-29-179, 59-29-180, 59-29-181, 59-29-182, 59-29-183, 59-30-110, and 59-31-600."
SECTION 78. Sections 59-29-181 and 59-29-182 of the 1976 Code are amended to read:
"Section 59-29-181. When selecting nationally normed achievement tests for the statewide testing program, the State Board Superintendent of Education shall endeavor to select tests with a sufficient number of items which may be utilized to evaluate student's higher order thinking skills. The items may be used for this purpose only if the test created from the items meets applicable criteria set forth in the American Psychological Association publication 'Standards for Educational and Psychological Testing'.
Section 59-29-182. The State Board Superintendent of Education shall review the use of procedures to assess student achievement in higher order thinking and problem solving skills which are different from traditional achievement tests."
SECTION 79. Section 59-29-190 of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"Section 59-29-190. Each school district shall provide advanced placement courses in all secondary schools of the district which enroll an adequate number of academically talented students to support the course. By August 15, 1984, the State Board Superintendent of Education by regulation shall specify what constitutes an advanced placement course and an adequate number of students for these programs. A student who successfully completes the advanced placement requirements for a course and who receives a score of three or higher on the advanced placement exam shall receive advanced placement credit for the course in each post-secondary public college in South Carolina in the manner specified by the Commission on Higher Education in conjunction with the State Board Superintendent of Education."
SECTION 80. The first and second paragraphs of Section 59-29-220 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"The State Board Superintendent of Education, in conjunction with the South Carolina Arts Commission, shall plan and develop discipline-based arts education curricula in the visual arts, music, dance, and drama which complies with the State Department of Education discipline-based arts education curriculum framework. The State Board Superintendent of Education shall cause the arts education curricula to be pilot tested in selected school districts during 1989-90, 1990-91, 1991-92, and 1992-93 and shall provide teacher in-service training programs for arts specialists and classroom teachers.
After pilot testing, the State Board Superintendent of Education shall establish regulations related to in-service training and curriculum development in cooperation with the Arts in Basic Curriculum Steering Committee and after consultation with the Education Oversight Committee. These regulations shall encourage innovation and flexibility and reflect the integrity of instruction required by each arts discipline. These regulations must be developed in cooperation with school and district-level teachers and administrators."
SECTION 81. Section 59-30-10 of the 1976 Code, as last amended by Act 3 of 1995, is further amended to read:
"Section 59-30-10. The State Board Superintendent of Education, through the State Department of Education, shall:
(a) Establish statewide educational objectives in the basic skills for kindergarten through grade twelve and establish minimum standards of student achievement for readiness and Grades 1, 2, 3, 6, 8 and 11. The term 'basic skills' shall include mathematics and the communication skills of reading and writing. The minimum standards for readiness and Grades 1, 2, 3, 6, 8 and 11 shall be designed to reflect the level of skill mastery, as determined by the State Board Superintendent of Education, each student is expected to have attained at the various grades.
(b)(1) Establish a state basic skills assessment program that shall include the administration to all public school students at the beginning of grade one a readiness test that will be designed to measure a student's readiness to begin the formal school curriculum. The results of the readiness test shall be used to provide appropriate developmental activities in the first grade.
(2) Provide for the administration of the readiness test at the beginning of the school year in grade one. Based on the results of the test, the school district shall advise the parents of any student not indicating readiness for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.
(c)(1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading and mathematics in grades one, two and three against the standard established for each of those respective grades.
(2) Cause to be administered the tests provided for herein to all public school students at the end of grades one, two and three. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
(d)(1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.
(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
(e) Develop or select, and field test, tests that will measure student achievement in the basic skills areas of reading, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.
(f) Beginning in the school year 1981-82 and continuing through the school year 1984-85, administer the test specified in item (e) of this section to all students in grade eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board Superintendent of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86, the eleventh grade examination may be no longer administered and the board superintendent shall cause to be administered an exit examination to all tenth grade students. Local school districts shall establish remedial programs to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 and thereafter. Additionally, during the school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed or may be offered the opportunity to:
(1) accept a certificate indicating the number of credits earned and grades completed instead of a diploma;
(2) return in the fall as a senior if he is under the maximum age for attending high school, fully enroll in school, and retake the exit examination twice if necessary in the same manner it is offered to other seniors;
(3) enroll in the summer school exit exam program established below; or
(4) enroll in adult education.
For a student who has failed to pass the exit examination after four chances and who certifies that his military, educational, or other career goals must be placed on hold as a result of his failure to pass the exit exam, a summer testing of the exit exam following a remediation program in summer school after the student's twelfth grade year may be offered to allow these students to move forward with their career in a timely manner. If the student fails the exit exam following this summer program, he must then be offered the options (1), (2), or (4) referred to above. All costs related to the summer school program and summer testing of the exit exam must be paid by the student.
(g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.
(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.
(i) Provide for the security and integrity of the tests that are administered under the assessment program.
(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department.
(k) Render advice and aid to school districts concerning their curricula and the assessment program.
(l) Report the results of the program annually to the Governor, the General Assembly, the school districts and to the general public, together with any recommendations of the South Carolina Basic Skills Advisory Commission created pursuant to Section 59-30-20.
(m) Consult with such commission concerning the implementation of, or major changes to, the provisions of this chapter.
(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading, writing and mathematics. The Department of Education shall encourage school districts to adopt programs that are determined to be appropriate to the needs of their students.
(o) Provide appropriate office space, staff, equipment and supplies to the Basic Skills Advisory Commission.
Establish statewide educational objectives in science for grades one through eight and establish minimum standards of student achievement for grades three, six, and eight. The State Board Superintendent of Education, through the Department of Education, also shall develop and field-test, as part of the Basic Skills Assessment Program, criterion-referenced tests that will measure student achievement in science in grades three, six, and eight against the standards established for each of these respective grades and cause to be administered the tests provided for herein to all public school students at the end of grades three, six, and eight. The purpose of the test is that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade."
SECTION 82. Sections 59-30-15, as last amended by Act 107 of 1995, and 59-30-20(a), as last amended by Act 248 of 1991, of the 1976 Code, are further amended to read:
"Section 59-30-15. (A) The State Board Superintendent of Education shall provide testing arrangements for students with documented learning disabilities who take the exit examination provided for in Section 59-30-10 to minimize the effects of the learning disabilities on test performance.
(B) A documented learning disability in reading is evidenced only by special education placement, consistent with State Board Superintendent of Education regulations, in a program for learning disabled students.
(C) The reading test may be administered orally to students who cannot read the test because of a documented learning disability if all of the following conditions are met:
(1) The decision to administer the test orally must be determined by the committee responsible for the preparation of the student's Individualized Education Program (IEP) as required by Public Law 94-142.
(2) The school district or other public agency responsible for the student's education maintains written documentation that pertinent parts of printed textbooks, tests, and other instructional materials used during daily instruction are normally presented orally rather than read by the student. Oral presentation may include, but is not limited to, audio cassettes, video cassettes, oral reading of tests by test administrators, or any combination of these approaches.
(3) The student's permanent record and any other school documents which contain exit examination scores must state clearly that the reading test was a measure of the student's ability to process information read to him and the obtained score is not a measure of ability to decode printed symbols. This statement must be expunged from the student's permanent record and other documents if the student subsequently takes and passes the test under standard conditions.
(D) The State Board Superintendent of Education shall develop regulations which provide for appropriate methods of oral administration of the reading portion of the exit examination. Oral administrations may include, but are not limited to, audio cassettes, video cassettes, oral reading of the test by a test administrator, or any combination of these approaches. If the student qualifies for an oral administration of the reading test under the provisions of this section, the committee responsible for the preparation of the student's IEP shall select the most appropriate method of administration from among those provided for in the regulations of the State Board Superintendent of Education.
(E) The parents or legal guardians of a student with documented learning disabilities whose Individualized Education Program does not provide for oral administration of the reading portion of the exit exam may appeal that decision to the State Department of Education within thirty days of receipt of notification of the decision of the IEP Committee. The Department of Education shall within twenty days convene a hearing panel composed of five members, one of whom must be a certified psychologist or specialist in learning disabilities from the State Department of Education, one of whom must be a certified psychologist from the involved local school district, one of whom must be a certified psychologist from another local school district, one of whom must be a teacher of students with learning disabilities from the involved local school district, and one of whom must be an administrator of special education programs from another local school district. The hearing panel shall conduct its proceedings in the involved school district. Documentation of the need for the oral administration may be presented in writing or in person to the panel. The panel shall review the request for an oral administration of the exam and notify the parents or legal guardians and the student's school of their decision in writing within ten days of the hearing. The decision of the review panel is binding on all parties, subject to decisions through the due process procedures set forth in Public Law 94-142.
(F) Nothing in this section precludes the State Board Superintendent of Education from issuing additional regulations or guidelines governing special testing arrangements.
(G) Students with dyscalculia, and with other documented learning disabilities in mathematics as stipulated by guidelines or regulation of the State Board Superintendent of Education, may use a calculator on the math portions of the exit examination.
Section 59-30-20. (a) There is hereby created the South Carolina Basic Skills Advisory Commission composed of twenty-five members which shall provide recommendations and advice to the Governor, General Assembly and State Board Superintendent of Education on the implementation of this chapter. The State Superintendent of Education shall appoint six members, one from each congressional district, with the advice and consent of the State Board Superintendent of Education. His appointments shall be persons employed professionally in public education in this State other than employees of the State Department of Education and shall include at least two classroom teachers. The Governor shall appoint seven lay persons known to be actively involved in public education issues, one from each congressional district and one at large. The Speaker of the House of Representatives and the President of the Senate shall each appoint six members from the general public. The terms of the members shall be for three years and until their successors are appointed and qualify. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. Every consideration shall be given to insure appropriate racial balance in appointments."
SECTION 83. Section 59-30-110 of the 1976 Code is amended to read:
"Section 59-30-110. When test items for the tests prescribed by this chapter are revised, the State Board Superintendent of Education shall include test items which may be utilized to evaluate students' higher order thinking skills."
SECTION 84. Chapter 31, Title 59 of the 1976 Code is amended to read:
Section 59-31-10. There shall be a library committee composed of the State Superintendent of Education, the director of the division of elementary education, the high school supervisor and four other members to be appointed by the State Superintendent of Education, two representing the elementary schools and two representing the high schools. All library books provided for under Article 3 of this chapter shall be selected from an approved list to be furnished the State Board Superintendent of Education by the library committee.
Section 59-31-20. The State Board Superintendent of Education may appoint five field workers who shall be charged with the duties assigned by the Board Superintendent and shall perform any and all duties required by the provisions of this chapter. As compensation for their services such field workers shall each receive a salary and, in addition thereto, actual traveling expenses incurred while in the discharge of their duties as provided by law.
Section 59-31-30. The State Board Superintendent of Education shall designate a uniform series of textbooks which shall be used in every free public school of this State receiving any State aid for any purpose whatsoever. No school failing or refusing to use such uniform series of textbooks, unless expressly permitted by law so to do, shall receive any State school aid for any purpose whatsoever. But the provisions of this section shall not apply to any school district that provides free schoolbooks to the value of twenty thousand dollars or more to the school children of such district. The State Board Superintendent of Education is hereby charged with the enforcement of this section.
Section 59-31-40. The meetings of the State Board Superintendent of Education in any year at which an adoption is made must be public. New textbooks adopted by the State Board Superintendent of Education in any year must not be used in the free public schools of this State until the next school session begins. Each contract between the State Board Superintendent of Education and a publisher of textbooks and instructional materials or vendor of instructional technology must require that all textbooks or other instructional material rented or purchased by the State be free of any clear, substantive, factual, or grammatical error. The contract also must allow the State Board Superintendent of Education to require reasonable remedies if an error is found.
Section 59-31-45. (A) In addition to any other method of textbook selection, the State Board Superintendent of Education shall add to the approved list of textbooks for use in the public schools of this State any textbook or series of textbooks which have been reviewed and not adopted by the state board if the textbook or series is requested in writing by the boards of trustees of five or more school districts or by the boards of trustees of two or more school districts with a combined population of twenty-five thousand or more students. Local school districts shall establish procedures under which principals and teachers of the district may transmit textbook requests as permitted by this section.
(B) The number of requests required to be received above shall be as received during any three hundred sixty-five day period. A textbook so required to be added to the approved list shall be added within thirty days following the receipt by the state board superintendent of the requisite number of requests, provided that the publishers whose textbooks are to be added to the approved list as provided in this section comply with the same provisions regarding textbooks as other publishers including, but not limited to, price, durability, and availability. No designation shall be included upon the approved list which indicates the manner in which any textbook was added to the list.
Section 59-31-50. In all schools and colleges within this State which are supported in whole or in part from the free school funds it shall be unlawful to use any textbook which has been condemned or disapproved by the State Board Superintendent of Education.
Section 59-31-60. The State Board Superintendent of Education may issue its negotiable notes with interest not exceeding three and one-half per cent per annum and may pledge all books purchased and all rentals collected under Article 3 of this chapter, after the payment of all administrative expenses, for the discharge of rental or purchase contracts. The full faith, credit and taxing power of the State are pledged for the payment of such notes. The State Board Superintendent of Education, in its discretion, may borrow upon the same terms as above authorized, from any available source, the money with which to purchase such schoolbooks, at a rate of interest not to exceed three and one-half per cent per annum. But no notes shall be issued hereunder without the written approval of the State Budget and Control Board. For the purpose of carrying out the provisions of Articles 1 to 5 of this chapter and enabling the State to avail itself to the fullest extent of Federal aid, in the form of grants or otherwise, that is available for use in the State for this and other purposes, the Governor shall procure from all sources available such amounts of funds as may be needed to carry out the terms and purposes of said articles.
Section 59-31-65. State funds for the acquisition of textbooks in the public schools of this State may also be used to acquire instructional technology and other similar materials which have been approved by the State Board Superintendent of Education. The procedures applicable to the use of these funds to acquire textbooks are also applicable to the acquisition of instructional technology and other similar materials. The State Board Superintendent of Education shall promulgate those regulations necessary to implement the provisions of this section.
Section 59-31-70. A school district may purchase school textbooks approved by the Board Superintendent of Education for instructional use directly from a publisher under contract with the state board superintendent when needed for instruction by the school district if the textbooks are not available from the State Department of Education. In this event, the district shall be reimbursed from state school textbook funds of the Department of Education when these textbook funds become available, in accordance with any agreement between the school district and the department.
Section 59-31-75. A public school may not begin a course if state-approved textbooks or other course material is not available on the first day of class or if the delivery date is after the first two weeks of classes unless the board of trustees determines that the class should be offered.
Section 59-31-210. The State Board Superintendent of Education shall provide all the textbooks for use in the public schools of the State on a rental system whereby the pupils in the public schools will pay an annual rental in an amount to be fixed by the State Board Superintendent of Education, in its discretion, graduated as to grades, sufficient to pay all the costs of the administration of this article and the purchase of any books necessary to be acquired by the State Board Superintendent of Education. But the Board superintendent shall not be required to furnish materials which shall be consumed or rendered worthless in any one year, such as pencils, tablets, workbooks, drawing materials and other similar articles.
Section 59-31-220. The State Board Superintendent of Education shall furnish library books, from an approved list, to the public school districts or counties of this State upon the same terms and conditions that textbooks are now furnished under the terms of this article. But when any school district or county shall pay the State Board Superintendent of Education the purchase price, plus interest, for such library books, such books shall become the property of such school district or county.
Section 59-31-230. The State Department of Education shall provide audio-visual equipment, including films and motion-picture projectors, for the use in the free public schools of the State on either the State rental plan or the library purchase plan.
Section 59-31-240. No pupil in the public schools of the State shall be required to pay any larger amount for the use of the books than authorized by Section 59-31-210 nor to buy outright or otherwise acquire any textbook. But any pupil may purchase, if he so desires, the books to be used by him, in which event no rental fee will be charged to such pupil. The State Board Superintendent of Education shall make proper arrangements for the sale of textbooks to those pupils who desire to purchase them, and such textbooks shall be sold at cost plus actual expenses.
Section 59-31-250. Any State institution of higher learning may, in the discretion of its board of trustees or other governing body, set up a textbook rental system in the same manner as is provided in Section 59-31-210 for school districts and may choose or purchase its own textbooks. All funds received by such institutions from rental of books belonging to such institutions shall be retained by them respectively.
Section 59-31-260. Nothing contained in this article shall abrogate the power to set up rental or free textbook systems of any school district or county that may have such right, and all rentals received by any such district or county from rental of books belonging to such district or county shall be retained by such district or county. And school districts enrolling five thousand or more school pupils shall have the right to set up rental or free textbook systems and choose and purchase their own textbooks. All rentals received by such districts from rental of books belonging to such districts shall be retained by such districts. But any such county or school district having its own rental or free textbook system shall be entitled to receive all benefits under the rental library provisions of this article.
Section 59-31-270. Upon the resolution of the county legislative delegation any county or school district may abandon its rental or free system of textbooks and accept the provisions of this article. Upon any such county or school district abandoning its rental or free system and accepting the provisions of this article, the State Board Superintendent of Education shall make, or cause to be made, an investigation and shall determine the value to the State of any textbooks belonging to such county or district which can reasonably be of use to the State under this article, and the Board superintendent shall purchase such useful books from such county or district, paying therefor either in cash or in such installments as may be agreed upon between the State Board Superintendent of Education on the one hand and the county board of education, or trustees, as the case may be, on the other hand. In the event it be agreed to pay therefor in installments, the State Board Superintendent of Education shall enter into reimbursement agreements with such officials to pay such installments in the future.
Section 59-31-280. Notwithstanding that any school district or county may have exercised the privilege accorded under Section 59-31-410 not to come under the provisions of this article, any such school district or county may retract any such election by filing with the State Board Superintendent of Education a written statement, which for any school district shall be signed by the board of trustees of such district and approved by the Senator and at least one half of the representatives from such county and for any county shall be signed by the county board of education and approved by the Senator and at least one half of the representatives of such county, in either case to the effect that the district or the county, as the case may be, desires to retract any such election theretofore made by it and to come under the provisions of this article. Upon any such statement being filed, any such school district or county, as the case may be, shall thereupon come under the provisions of this article.
Section 59-31-290. The State Board Superintendent of Education shall adopt, establish and promulgate such rules and regulations as may be necessary to carry out the purposes of this article, which, when not in conflict with the terms and purposes of this article, shall have full legal force and effect. Such rules and regulations shall provide a system of depositories for the books in the various counties of the State, which depositories may be designated as the State Board Superintendent of Education may deem best, and shall establish a method of distributing the books to the pupils and provide for the reasonable use, care and safety of the books, with reasonable penalties for the abuse or destruction of any books, to fall upon those using the books or those in charge of their distribution and use. Such rules and regulations shall provide for payment by the pupils, their parents or legal guardians for the loss of or damage, if any, to any books, ordinary wear and tear excepted.
Section 59-31-300. As far as may be practicable the State Board Superintendent of Education shall provide for the retention of all necessary schoolbooks for use by the school districts within such districts.
Section 59-31-310. The various counties, through their properly constituted authorities, shall furnish a sufficient and proper place for depositing or storing books used in such counties.
Section 59-31-320. The State Board Superintendent of Education may require all publishers of textbooks with whom textbook contracts have been made to maintain a joint agency or depository, in some city in the State to be located at some suitable and convenient distributing point, at which general depository each textbook publisher shall keep on hand a sufficient stock of books to supply the requirements of the State and through which central depository all textbooks shall be distributed. Any person or school not controlled by the State may order books from the general depository, and the books so ordered shall be furnished for cash at cost plus actual expenses.
Section 59-31-330. The State Board Superintendent of Education, in conjunction with the Department Bureau of Health and Environmental Control Programs, shall adopt rules and regulations governing the fumigation or disposal of textbooks from quarantined homes and for the regular disinfection of all textbooks used in the public schools of the State.
Section 59-31-340. The director shall hold each school district in the State responsible for the proper protection, use and care of all schoolbooks allotted to each such district under the terms of this article. Each school district shall make reports to the director when required by the director as to the books on hand and their condition and shall, within thirty days after the end of each school term, return all schoolbooks allocated to such district to the place or places required by the director. The director shall, as soon as practicable after the close of each school term, determine the loss and damage, if any, ordinary wear and tear excepted, sustained by such books in any school district or other educational unit and shall make demand for the payment for such damage upon the various districts and units against which loss and damage shall have been assessed. Any such district or unit feeling itself aggrieved by any such determination may appeal to the State Board Superintendent of Education. Unless such appeal be taken and sustained, any such district or unit shall forthwith pay for such loss and damage.
Section 59-31-350. The rentals shall be paid by or for each pupil annually in advance upon the opening of school, before any pupil is allowed the use of the books.
Section 59-31-360. The State Board Superintendent of Education shall waive textbook rental charges for grades kindergarten through twelve of the public schools, to the end that basal textbooks adopted and approved by the board superintendent for use in the public schools must be supplied to the school children of the State without charge. Title to books so provided shall remain in the State Board Superintendent of Education. Each school district shall fully utilize all books owned by it to effect the purposes of this section.
Section 59-31-370. The rentals provided hereunder shall be collected by the various school districts in the State, and each school district shall pay the amount thereof due for the use of books by the pupils in such district within thirty days from the date of the opening of the schools or the admission of new pupils to the schools. No schoolbooks shall be delivered to any school child on a rental plan until the rentals have been fully paid.
Section 59-31-380. Upon proper certification by the State Board Superintendent of Education and county superintendent of education, the county auditors and county treasurers of the respective counties in which such school districts or units are located shall levy sufficient millage in or upon any such school district or other educational unit sufficient to pay any amount due the State Board Superintendent of Education for any loss, damage or rentals due by such district or other educational unit under the terms of this article. But in the event there are sufficient funds on deposit to the credit of the school district or other educational unit, the trustees of the school district or the county board of education are directed to draw a warrant against such funds to cover the amount of such loss or shortage in rental funds accruing under the terms of this article, in which case no levy shall be made.
Section 59-31-390. All necessary expenses incurred in administering the terms of this article shall be paid from the rentals collected hereunder.
Section 59-31-400. The county superintendents and boards of education in the various counties of the State shall cooperate with the State Board Superintendent of Education in the administration of the terms of this article and the rules and regulations established by the State Board Superintendent of Education in such manner as may be requested or required by the State Board Superintendent of Education. All superintendents, principals and teachers in the schools of this State shall cooperate fully with the State Board Superintendent of Education and county boards of education in the proper and orderly administration of the terms of this article, and the State Board Superintendent of Education may promulgate rules to provide cooperation by the superintendents, principals and teachers and to establish penalties for failure to cooperate.
Section 59-31-410. The provisions of this article shall not apply (a) to any school district the board of trustees of which filed before August 1, 1936 with the former State Schoolbook Commission a written statement, approved by the Senator and at least one half of the representatives from such county, to the effect that it did not elect to come under the provisions of this article nor (b) to any county the county board of education of which filed before August 1, 1936 with the former State Schoolbook Commission a written statement, approved by the Senator and at least one half of the representatives from such county, to the effect that it did not elect to come under the provisions of this article.
Section 59-31-510. The State Board Superintendent of Education may negotiate and execute contracts with the publishers of textbooks and instructional materials and vendors of instructional technology that allow the State to rent from the publishers or buy outright the books to be used in the public schools, with discretion in the State Board Superintendent of Education to make rental contracts or purchase contracts as may be to the best advantage of the State. A contract made with a publisher of textbooks may be made so as to divide the payment to the publisher for rental or purchase over a period of three years, but it must not be construed to prevent the State Board Superintendent of Education from purchasing or renting additional books as necessary. If the State Board Superintendent of Education decides to purchase outright the books to be used in the schools of this State, they must be purchased at the lowest possible prices and, so far as existing contracts for state-adopted books shall permit, pursuant to competitive bidding.
Section 59-31-520. At the expiration of any contract between the State and the publisher of any textbook, the State Board Superintendent of Education, upon satisfactory agreement being had with such publisher, may continue the contract for any such textbook, or the latest editions thereof, for an indefinite period which may be terminated either by the State Board Superintendent of Education or the publisher upon ninety days' notice. The Board superintendent may extend contracts at different prices from those of the original contracts.
Section 59-31-530. Original contracts made with publishers of all textbooks and providers of instructional materials shall run for not less than one year nor more than six years.
Section 59-31-540. All contracts shall provide that if any person who furnishes adopted textbooks to the State shall sell the same textbooks or cause them to be sold to any other person, state or state board superintendent for a price less than that which this State has contracted to pay for such textbooks, then such lower price shall automatically become the contract price for such textbooks in this State and the contents of the textbooks shall be considered and not the title in investigating such prices. The State Board Superintendent of Education shall make the necessary investigations as to the prices of such textbooks so sold to other persons, states or state boards superintendents.
Section 59-31-550. The State Board Superintendent of Education shall make all necessary rules and regulations pertaining to:
(1) The advertisement of bids;
(2) The submission of prices;
(3) The sampling of, and hearings on, textbooks offered for adoption;
(4) The nature and type of contract to be entered into between the State and the publisher;
(5) The nature and type of bond to be entered into between the State and the publisher, the penal amount of such bond, conditioned upon the faithful performance by the publisher, of any contract awarded to it, to be not more than five thousand dollars;
(6) The distribution of textbooks through central or local depositories, subject to the provisions of Article 3 of this chapter providing for a rental system of textbooks for the free public schools; and
(7) All other needful rules and regulations not otherwise herein specified.
Section 59-31-560. The Attorney General of the State shall approve all contracts to be entered into between the State and publishers and shall approve the bond to be filed by each contract publisher. Such bond shall be placed in the custody of the State Treasurer.
Section 59-31-570. The State Board Superintendent of Education may, in its discretion, postpone, alter, amend or modify the terms of State adoption of textbook contracts.
Section 59-31-580. The Attorney General shall institute and prosecute suits against all violators of the provisions of this article and all contracts entered into in violation of the terms of this article shall be null and void.
Section 59-31-590. It shall be unlawful for any teacher of a school supported in whole or in part from the public school funds of this State or any trustee of any such school or any other school officer to become an active or silent agent of any schoolbook publisher or be in anywise pecuniarily interested in the introduction of any schoolbook into any school in this State. Any person violating any of the provisions hereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than one hundred dollars or imprisonment in the county jail for a period of not less than thirty days, or both, at the discretion of the circuit judge.
Section 59-31-600. When the State Board Superintendent of Education determines that a textbook or instructional material adoption is needed in a specific field, the board superintendent shall direct evaluating and rating committees to assess the textbook or instructional material for the development of higher-order thinking skills and problem solving. Each evaluation and rating committee may have up to twenty-five percent lay membership. A majority of those appointed to the committee must be full-time classroom teachers. In addition to monitoring the accuracy of facts and grammar, the committee shall include in its rating and evaluating criteria, where applicable, satisfaction of state mandates for graduation criteria and support for the benefits of the American economic and political system. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board Superintendent of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board Superintendent of Education shall adopt textbooks and other instructional materials which develop higher-order thinking skills.
Section 59-31-610. The State Superintendent of Education shall make arrangements for a thirty-day public review of materials recommended by the instructional materials review panels prior to taking those recommendations to the State Board Superintendent of Education. The public review sites must be geographically distributed around the State at as many state-supported colleges and universities or, if necessary, other designated sites as may agree to host the reviews. Public review sites shall be advertised in each congressional district in the newspaper with the largest circulation figures for that district.
The state board superintendent shall hold a public hearing before adopting any textbook or instructional material for use in the schools of this State."
SECTION 85. Section 59-32-10(6) of the 1976 Code is amended to read:
"(6) 'Board superintendent' means the State Board superintendent of Education."
SECTION 86. Sections 59-32-20 and 59-32-30 of the 1976 Code are amended to read:
"Section 59-32-20. Before August 1, 1988, the board superintendent, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, pregnancy prevention education, and sexually transmitted diseases and make the instructional unit available to local school districts. The board superintendent, through the department, also shall make available information about other programs developed by other states upon request of a local school district.
Section 59-32-30. (A)Pursuant to guidelines developed by the board superintendent, each local school board shall implement the following program of instruction:
(1) Beginning with the 1988-89 school year, for grades kindergarten through five, instruction in comprehensive health education must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, and mental and emotional health. Sexually transmitted diseases as defined in the annual Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services List of Reportable Diseases are to be excluded from instruction on the prevention and control of diseases and disorders. At the discretion of the local board, age-appropriate instruction in reproductive health may be included.
(2) Beginning with the 1988-89 school year, for grades six through eight, instruction in comprehensive health must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health, and reproductive health education. Sexually transmitted diseases are to be included as a part of instruction. At the discretion of the local board, instruction in family life education or pregnancy prevention education or both may be included, but instruction in these subjects may not include an explanation of the methods of contraception before the sixth grade.
(3) Beginning with the 1989-90 school year, at least one time during the four years of grades nine through twelve, each student shall receive instruction in comprehensive health education, including at least seven hundred fifty minutes of reproductive health education and pregnancy prevention education.
(4) The South Carolina Educational Television Commission shall work with the department in developing instructional programs and materials that may be available to the school districts. Films and other materials may be designed for the purpose of explaining bodily functions or the human reproductive process. These materials may not contain actual or simulated portrayals of sexual activities or sexual intercourse.
(5) The program of instruction provided for in this section may not include a discussion of alternate sexual lifestyles from heterosexual relationships including, but not limited to, homosexual relationships except in the context of instruction concerning sexually transmitted diseases.
(6) In grades nine through twelve, students must also be given appropriate instruction that adoption is a positive alternative.
(B) Local school boards may use the instructional unit made available by the board superintendent pursuant to Section 59-32-20, or local boards may develop or select their own instructional materials addressing the subjects of reproductive health education, family life education, and pregnancy prevention education. To assist in the selection of components and curriculum materials, each local school board shall appoint a thirteen-member local advisory committee consisting of two parents, three clergy, two health professionals, two teachers, two students, one being the president of the student body of a high school, and two other persons not employed by the local school district.
(C) The time required for health instruction for students in kindergarten through eighth grade must not be reduced below the level required during the 1986-87 school year. Health instruction for students in grades nine through twelve may be given either as part of an existing course or as a special course.
(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable.
(E) Any course or instruction in sexually transmitted diseases must be taught within the reproductive health, family life, or pregnancy prevention education components, or it must be presented as a separate component.
(F) Instruction in pregnancy prevention education must be presented separately to male and female students."
SECTION 87. Section 59-33-30 of the 1976 Code is amended to read:
"Section 59-33-30. The State Board Superintendent of Education shall establish a program of specialized education for all handicapped children in this State utilizing the personnel and facilities of, and administered by, the State Department of Education under the direction of the State Superintendent of Education and shall further prescribe standards and approve the procedures under which the facilities are furnished and services provided. The Board superintendent shall establish screening, evaluating and placement procedures for handicapped students who will participate in the programs established under this chapter and shall determine certification requirements for teachers, minimum room size standards and standards for other equipment and materials used in such programs. To carry out the provisions of this chapter the Board superintendent may promulgate such rules and regulations, not inconsistent with law as it shall deem necessary and proper."
SECTION 88. Sections 59-33-90(2), 59-33-100, and 59-33-110, as added by Act 86 of 1993, of the 1976 Code, are amended to read:
"(2) In placing children determined to be handicapped by State Board Superintendent of Education regulations, state agencies must procure, except in emergency situations, advance approval by the State Department of Education. The Department shall insure that an appropriate Individual Education Plan shall be developed by the pupil's home school district and that the proposed educational placement meets all the provisions of Public Law 94-142.
Regarding handicapped children placed in other programs for educational reasons, when local school districts must place handicapped children of lawful school age in programs external to the child's home district for educational reasons, the district making the placement shall insure that such placement shall be at no cost to parent or child including room, board, education and related services and non-medical care.
Section 59-33-100. In addition to those services currently provided to 'emotionally handicapped pupils' as those pupils are defined in subsection (4) of Section 59-21-510, the State Department of Education shall contract with the Continuum of Care Policy Council to provide services approved by the State Board Superintendent of Education to enable "emotionally handicapped pupils" to benefit from special education.
Section 59-33-110. The State Board Superintendent of Education shall establish a mediation process as a part of the "due process" provision required in accordance with Public Law 94-142. If all parties agree, mediation will be used before any due process hearings required by Public Law 94-142 or at any time during the due process procedures. During discussions of the mediation process with parents, it must be clearly stated that the right of the parents or the school district to due process is in no way compromised by agreeing to mediation and that neither parents nor the school district are bound by the outcomes of mediation. The mediation process must be developed by July 1, 1994, and implemented during the 1994-95 school year."
SECTION 89. Section 59-35-10 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the 'Education Finance Act' (Act 163 of 1977).
Beginning with school year 1998-99, school districts shall offer an extended day five-year-old kindergarten program to all requesting parents and shall be eligible for funding for the extended day equal to the EFA weight for a child attending a half-day five-year-old kindergarten program. Local match is required for the extended-day funding. The State Board Superintendent of Education may waive the full-day kindergarten requirement for a particular school district on an annual basis upon application of the district if the board superintendent finds the school district does not have available space and the cost of temporary classroom space cannot be justified.
Parents of children who are eligible to attend the extended-day five-year-old kindergarten may elect the half-day program for their children. Parents intending to enroll their eligible children in a full-day kindergarten program must notify the district by January thirty-first of the year of the anticipated enrollment date. Parents moving into the district after the notification date may apply for full-day kindergarten, and the district shall enroll such child in its full-day program on a space available basis. Any parent or guardian of a child eligible for kindergarten may elect for their child or ward not to attend kindergarten pursuant to Section 59-65-10."
SECTION 90. Sections 59-36-20 through 59-36-40 of the 1976 Code, all as added by Act 86 of 1993, are amended to read:
"Section 59-36-20. The State Board Superintendent 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 Office of Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission Bureau of Services for the Blind, the Department Bureau of Health and Environmental Control Programs, the Department Office of Mental Health, the State Department Bureau of Social Services, Bureau of the Continuum of Care and Managed Treatment Services, 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 Superintendent 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 59-36-30. The state advisory council shall advise the Department of Education and the State Board Superintendent of Education in developing a comprehensive service system for special education and related services to preschool children with disabilities. The assistance includes, but is not limited to:
(1) a comprehensive method of identifying children with disabilities;
(2) a public awareness program focusing on identification of preschool children with disabilities;
(3) a coordinated system of personnel development for those who serve preschool children with disabilities;
(4) formal interagency agreements which:
(a) define the financial responsibility of each agency for providing special education and related services;
(b) establish procedures for the transition of children served under Title 44, Chapter 7; and
(c) contain procedures for resolving disputes.
Section 59-36-40. The State Board Superintendent of Education, with input from the state advisory council, shall establish policies, standards, and procedures necessary to ensure that a free and appropriate education is available in the least restrictive environment and that a smooth transition from early intervention programs or initial entry into preschool programs occurs for children with disabilities. The Department of Education shall employ at least a full-time consultant in preschool education for children with disabilities. The board superintendent shall establish evaluation and placement procedures for students with disabilities who participate in the programs established under this chapter and shall determine certification requirements for teachers and appropriate credentials for all other personnel delivering education or related services in these programs."
SECTION 91. Chapter 37, Title 59 of the 1976 Code is amended to read:
Section 59-37-10. Upon application of the directors or managing board of any eleemosynary institution in this State, operated without profit as a home for orphans or needy children who are admitted thereto, the State Board Superintendent of Education shall establish a grammar or high school or both for the inmates of such institution within school age.
Section 59-37-20. Should any such school be established, the State Board Superintendent of Education shall place it under the direction and control of the board of school trustees of the school district in which the institution is located, and thereupon such board of school trustees shall employ teachers and operate the school in a building or buildings to be provided free of charge by the eleemosynary institution (such building or buildings to be approved by the board of school trustees) in the same manner and subject to all the laws, rules and regulations governing the conduct and operation of other public schools of the State.
Section 59-37-30. There shall not be expended for all purposes in any one scholastic year for any such school more per pupil attending than the average per pupil attending the other public schools in the State during the preceding year. The local school district shall not be required to contribute any school facilities to any such institution, and the State Board Superintendent of Education may discontinue any such school at any time that in its judgment it is advisable to do so."
SECTION 92. Section 59-39-10 of the 1976 Code is amended to read:
"Section 59-39-10. The board of trustees of any school district, acting singly or in cooperation with the boards of trustees of adjoining school districts, may establish and maintain a high school, with the privileges herein granted; provided, that such high school meets all the requirements of this article and the regulations of the State Board Superintendent of Education."
SECTION 93. Section 59-39-30 of the 1976 Code is amended to read:
"Section 59-39-30. Any public high school established prior to February 19, 1907 may claim the privileges of this article; provided, that it conforms to the requirements of this article and the regulations of the State Board Superintendent of Education. But nothing in this article shall be construed to repeal any of the privileges granted special school districts in the special acts of the General Assembly."
SECTION 94. Section 59-39-80 of the 1976 Code is amended to read:
"Section 59-39-80. All such districts shall have the privileges and benefits provided by this article and shall be subject to the regulations of the State Board Superintendent of Education as therein provided."
SECTION 95. Section 59-39-100 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school diploma is twenty units as prescribed by the State Board Superintendent of Education. Beginning in the 1986-87 academic year, a minimum of three units must be earned in mathematics and a minimum of two units must be earned in science.
One unit in computer science, if approved by the State Department of Education for this purpose, may be counted toward the mathematics requirement.
Students who earn one unit in science and six or more units in a specific occupational service area will meet the science requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational education as one of the six required units.
Beginning with the ninth grade class of school year 1997-98 and thereafter, the number of units required for a high school diploma is twenty-four units as prescribed by the State Board Superintendent of Education by regulation, with one additional unit required in mathematics, science, and computer science to include keyboarding. For students in a college preparatory track, as defined by the state board superintendent, one additional unit must be earned in a foreign language; and for students in a track designed to enter the work force, as defined by the state board superintendent, one additional vocational unit must be earned. Beginning with the ninth grade class of school year 1997-98, if a student counts one unit of computer science toward his mathematics requirement as permitted above, one additional unit of computer science must be earned.
Nothing herein prohibits local school boards of trustees from awarding recognition to students who complete additional units and credits beyond those required by this section."
SECTION 96. Section 59-39-140 of the 1976 Code is amended to read:
"Section 59-39-140. The State Board Superintendent of Education may prescribe all such regulations as may not be inconsistent with Chapters 35, 37, 39, 43, 45, 53 and 55 and with the School Code to provide for the inspection and classification of all elementary and secondary schools."
SECTION 97. Sections 59-39-160, as last amended by Act 42 of 1997, and 59-39-170 of the 1976 Code, are amended to read:
"Section 59-39-160. To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing average and either:
(1) pass at least four academic courses, including each unit the student takes that is required for graduation; or
(2) pass a total of five academic courses. Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.
Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. All activities currently under the jurisdiction of the South Carolina High School League remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped in accordance with the criteria established by the State Board Superintendent of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 are permitted to participate in interscholastic activities. A local school board of trustees may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve.
The State Board Superintendent of Education may grant a waiver of the requirements of this section. This waiver may be granted only when a written statement from a school district superintendent and athletic director has been received stating that a student's ineligibility to participate in interscholastic activities is due to misinformation concerning eligibility requirements being provided by district personnel. The State Board Superintendent of Education shall establish guidelines to administer this section.
Section 59-39-170. Acting through guidelines adopted by the State Board Superintendent of Education, the secondary schools of this State shall emphasize teaching as a career opportunity."
SECTION 98. Sections 59-39-320 through 59-39-340 of the 1976 Code are amended to read:
"Section 59-39-320. The State Board Superintendent of Education shall promulgate rules and regulations for establishment by local school districts of approved driver education and training courses, and when duly promulgated shall have full force and effect of law. Such regulations shall require that credit for completion of a driver education training course shall not be given unless the course shall have included not less than thirty classroom hours of instruction in driver education, and not less than six hours of actual behind-the-wheel driving.
Section 59-39-330. The rules and regulations of the State Board Superintendent of Education and training course shall be under the supervision of a qualified driver education teacher. Such rules and regulations shall include instrumental standards, teacher qualifications, reimbursement procedure, and other requirements which will further implement the purposes and intent of this article.
Section 59-39-340. The State Board Superintendent of Education shall allow to each school district operating a driver education training program an amount equal to thirty dollars per pupil completing the standard prescribed course in the program in that school district during the preceding fiscal year in accordance with the regulations set forth by the State Board Superintendent of Education for instructing pupils in driver education and training."
SECTION 99. Section 59-40-70 of the 1976 Code, as last amended by Act 341 of 2002, is further amended to read:
"Section 59-40-70. (A) The Charter School Advisory Committee shall be established by the State Board Superintendent of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. Members shall be appointed by the State Board Superintendent of Education unless otherwise indicated.
(1) The advisory committee shall consist of eleven members as follows:
(a) South Carolina Association of Public Charter Schools--the president or his designee and one additional representative from the association;
(b) South Carolina Association of School Administrators--the executive director or his designee;
(c) South Carolina Chamber of Commerce--the executive director or his designee and one additional representative from the chamber;
(d) South Carolina Education Oversight Committee--the chair or a business designee;
(e) South Carolina Commission on Higher Education--the chair or his designee;
(f) South Carolina School Boards Association--the executive director or his designee;
(g) South Carolina Alliance of Black Educators--the president or his designee; and
(h) One teacher and one parent to be appointed by the State Superintendent of Education.
(2) As an application is reviewed, a representative from the local school board of trustees of the affected school district and a representative of the charter committee shall serve on the advisory committee as ex officio nonvoting members.
(3) Appointing authorities shall give consideration to the appointment of minorities and women as representatives on the committee.
(4) The committee shall be convened by the State Superintendent of Education on or before July 1, 2002, who shall serve as interim chair. At the first meeting the membership shall elect a chairman and any other officers it deems necessary.
(5) The committee shall establish by-laws for its operation which shall include terms of office for its membership.
(6) An applicant shall submit the application to the advisory committee and a copy to the affected school district. The advisory committee shall receive input from the school district and shall request clarifying information from the applicant. Within sixty days, the advisory committee shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district with a letter stating the application is in compliance. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board Superintendent of Education.
(B) The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within thirty days after receiving the application. If there is no ruling within thirty days, the application is considered approved.
(C) A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall be sent to the charter committee and filed with the State Board Superintendent of Education and the Charter School Advisory Committee.
(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the local school district board shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided herein or in Section 59-40-110, as may be applicable. A finding by the local school district board that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.
(E) If the local school board of trustees denies a charter school application, the charter applicant may appeal the denial to the State Board Superintendent of Education pursuant to Section 59-40-90.
(F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which constitutes a contract with the charter committee of the charter school. A copy of the charter must be filed with the State Board Superintendent of Education."
SECTION 100. Section 59-40-90 of the 1976 Code, as last amended by Act 341 of 2002, is further amended to read:
"Section 59-40-90. (A) The State Board Superintendent of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board Superintendent of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board Superintendent of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process must be as contained in this section. Within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board Superintendent of Education and after reasonable public notice, the State Board Superintendent of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm or reverse the application for action by the local board in accordance with an order of the state board superintendent.
(D) A final decision of the state board superintendent may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located."
SECTION 101. Section 59-40-110 of the 1976 Code, as last amended by Act 341 of 2002, is further amended to read:
"Section 59-40-110. (A) A charter may be approved or renewed for a period of five school years; however, the charter may be revoked or not renewed under the provisions of subsection (C) of this section.
(B) A charter renewal application must be submitted to the school's sponsor, and it must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board Superintendent of Education.
(C) A charter must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures provided for in the charter application;
(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure provided for in this section.
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(F) A decision to revoke or not to renew a charter school may be appealed to the state board superintendent pursuant to the provisions of Section 59-40-90."
SECTION 102. Section 59-40-160 of the 1976 Code, as last amended by Act 341 of 2002, is further amended to read:
"Section 59-40-160. (A) The State Board Superintendent of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board Superintendent of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board Superintendent of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
(D) An impact study shall be conducted by the State Board Superintendent of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process."
SECTION 103. Section 59-40-180 of the 1976 Code, as last amended by Act 341 of 2002, is further amended to read:
"Section 59-40-180. The State Board Superintendent of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board superintendent appeal, by December first of the year preceding the charter school's opening."
SECTION 104. Section 59-41-40 of the 1976 Code is amended to read:
"Section 59-41-40. It shall be a prerequisite to the grant above permitted that the local school district in which the school child resides make available a grant of local funds to such school child and to that end the trustees of each school district within the State are hereby authorized to appropriate funds in addition to the State scholarship grants provided for in Section 59-41-20 in such amount that is equal to the per pupil cost to the school district exclusive of all State funds received for such purposes. The trustees of each school district are authorized to levy taxes where the school district has the power to tax, to raise funds for the payment of such local supplements to the State scholarship grants. The State Board Superintendent of Education shall render such assistance to the trustees as may be necessary to determine annual per pupil expenditures of the school district for the purpose of fixing the amount of any supplement to be paid under this section."
SECTION 105. Section 59-41-60 of the 1976 Code is amended to read:
"Section 59-41-60. The State Board Superintendent of Education is hereby authorized and directed to promulgate such rules and regulations, consistent with the terms of this chapter, for the receiving and processing of applications for scholarship grants, the payment of grants and the administration of this chapter generally as it may find necessary or desirable. Such rules may, among other things, provide for the payment of scholarship grants by the school districts of the State to the parent of any child entitled to receive a scholarship grant in installments or otherwise, and for the proration of scholarships for children attending school less than a full school year; they shall include a minimum academic standard that shall be met by any school in order to entitle children attending such school to receive a scholarship grant; provided, however, that no rule promulgated under the authority of this chapter shall restrict, or in any way affect, the requirements of such school concerning the eligibility of pupils who may be admitted thereto or specify minimum physical plant facilities of any such school."
SECTION 106. Sections 59-43-10 and 59-43-20 of the 1976 Code are amended to read:
"Section 59-43-10. Any district board of trustees may raise and allocate funds for adult education, utilize buildings, equipment and other school facilities of the district for such purpose, and hire teachers, establish and maintain classes for adults in such subjects as the State Board Superintendent of Education may determine. Adult education classes shall be subject to the rules and regulations of the State Board Superintendent of Education.
Section 59-43-20. (A) The State Board Superintendent of Education may:
(1) make and enforce regulations for the organization, conduct, and supervision of adult basic and adult secondary (GED and high school diploma) education;
(2) determine the qualifications of teachers and issue teaching certificates for teaching adult basic and adult secondary (GED and high school diploma) education classes;
(3) determine the tuition which may be required of persons attending adult basic and adult secondary (GED and high school diploma) education classes;
(4) determine the subjects which may be taught in adult basic and adult secondary (GED and high school diploma) education classes.
(B) The State Board Superintendent of Education is also responsible for the administration, coordination, and management of adult basic and adult secondary (GED and high school diploma) education for the purpose of facilitating and coordinating adult basic and adult secondary (GED and high school diploma) education programs for South Carolina adults whose level of educational attainment is below high school, as prescribed by state and federal laws and regulations. The State Board Superintendent of Education and the local school districts are responsible for effective coordination and utilization of literacy councils, the technical education system, the educational television network, nonprofit groups, business and industry representatives, and other state and local agencies and private persons interested in adult basic and adult secondary (GED and high school diploma) education programs to deliver programs to the state's undereducated adult population.
(C) Any funds distributed by the State Board Superintendent of Education for local literacy councils or programs must be made available to those councils or programs either in kind or in money."
SECTION 107. Section 59-45-70 of the 1976 Code is amended to read:
"Section 59-45-70. No type of home-study school shall be established or permitted to operate in this State without first securing the approval of the State Board Superintendent of Education. Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars nor more than five thousand dollars, in the discretion of the court."
SECTION 108. Sections 59-52-40 through 59-52-80, all as added by Act 450 of 1994, and Section 59-52-90 of the 1976 Code, are amended to read:
Sections 59-52-40. (A) As a part of the school-to-work system, the State Board Superintendent of Education shall establish a structure for preparing students for employment and lifelong learning which expands upon the current Tech Prep model to include four components:
(1) quality schooling having a rigorous curriculum,
(2) career counseling,
(3) work exploration and experience, and
(4) structured work-based learning.
In developing the school-to-work system, the emphasis shall be on a structure which is flexible to meet local school needs and available to all students as needed and appropriate. Students and their parents will make the decision as to which track the student will follow and students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board Superintendent of Education to allow for transfer up to the senior year of high school. The State Board Superintendent of Education, for the purpose of successfully establishing and implementing the school-to-work system, shall endeavor to obtain the cooperation of employees, the Commission on Higher Education, post-secondary institutions, and the several school districts.
(B) The State Board Superintendent of Education shall, beginning with school year 1994-95, establish by regulation quality schooling which, at a minimum shall include:
(1) a rigorous, relevant academic curriculum which shall among other changes or improvements:
(a) include rigorous applied academic methodologies in mathematics, science, and communications skills where appropriate;
(b) increase mathematics instruction to include statistics, logic, measurement, and probability;
(c) incorporate in the curriculum the skills and competencies suggested in the United States Secretary of Labor's Commission on Achieving Necessary Skills (SCANS) report and those identified in the employer survey report of the South Carolina Chamber of Commerce's Business Center for Excellence in Education including an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded;
(d) eliminate the "general track" for students first enrolling in high school on or after the 1996-97 school year;
(e) develop plans to accelerate the learning of students that are behind their age peers; and
(f) develop plans that take into account student learning style.
(2) Changes in vocational education programs which:
(a) redefine vocational programs so as to expand their content, relevancy, and rigor in preparation for lifelong learning and living in a technological society; and
(b) integrate instruction in academic and occupational courses to ensure a rigorous, relevant, and academic curriculum;
(C) With the advice of the statewide advisory council hereinafter established, the State Board Superintendent of Education shall, beginning in school year 1996-97, establish regulations for:
(1) career exploration and counseling which includes:
(a) student exposure to career options by integrating career counseling activities into the kindergarten through grade twelve curriculum;
(b) a comprehensive career guidance plan which has a major plan and an alternate plan for each student starting in grade six and is revised each year as the student progresses towards graduation and which requires the districts to seek parental assistance in the development of the plan;
(c) in-service courses to equip guidance counselors with skills necessary to integrate career guidance and career planning.
(2) A range of mentoring opportunities beginning no later than the seventh grade which includes traditional mentoring, shadowing, service-learning, school-based enterprises, and internships as defined in Section 59-52-30. Mentoring activities shall emphasize students' interests, skills, and needs.
(3) Structured work-based learning opportunities and components of these work-based opportunities include:
(a) structured work-based learning to include the establishment of a youth apprenticeship model as defined in Section 59-52-30;
(b) integration of academic and vocational learning;
(c) coordination and integration of school and work-place learning; and
(d) credentials for both academic and occupational skills.
These programs shall be governed by broad coalitions of institutional partners.
Section 59-52-50. School district boards of trustees shall by school year 1995-96:
(a) implement the rigorous academic changes and changes to vocational education programs as directed by the State Board Superintendent of Education pursuant to Section 59-52-40;
(b) develop plans for elimination of the general track by school year 1996-97; and
(c) implement career exploration and counseling pursuant to Section 59-52-40 by school year 1996-97.
Districts must report steps taken to integrate these changes in the annual updates of the comprehensive five-year plans mandated by the Early Childhood Development and Academic Assistance Act of 1993.
Section 59-52-60. Notwithstanding any other provision of law, the stipulated completion dates required in Section 59-52-50 may be extended by one year upon approval from the State Board Superintendent of Education. Districts requesting such a waiver must outline how the extension will improve the planning and implementation of Sections 59-52-10 through 59-52-150.
Section 59-52-70. (A) In establishing a school-to-work system, the State Board Superintendent of Education shall provide for professional development in applied techniques and integration of curriculum, professional development in career guidance for teachers and guidance counselors, and training for mentors.
(B) The school-to-work system required by Sections 59-52-10 through 59-52-150 as established by the State Board Superintendent of Education shall include a program of accountability of student progress to ensure quality which shall include a survey of Tech Prep graduates in order to obtain such information as the rate of hire, starting wages or salaries, wages or salary rates five years after graduation, and additional education pursued.
Section 50-52-80. (A) As a part of the school-to-work system, the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services shall work with the Department of Education, the State Board Superintendent for Technical and Comprehensive Education, and the Commission on Higher Education to assist in the planning and promotion of the school-to-work opportunities by:
(1) identifying potential employers to participate in the work-based learning programs sponsored under Sections 59-52-10 through 59-52-150;
(2) serving as a contact point for employers seeking information on school-to-work activities;
(3) providing labor market information relative to supply and demand, and nontraditional jobs for women; and
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System (SCOIS).
(B) The South Carolina Bureau of Employment Security Commission will provide the link between employers in South Carolina and youth-seeking employment.
Section 59-52-90. < [Until December 30, 2004, subsection (A) reads as follows:] >
(A) The South Carolina School-To-Work Advisory Council appointed by the Governor representing a broad-based coalition of business and industry and including representatives of the State Department of Education, Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services, the Commission on Higher Education, State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Urban League, Tech Prep Consortia, the State Transition Coordinator for People with Disabilities, and local school districts shall convene no later than July 1, 1994, to guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the advisory council is to work with the State Board Superintendent of Education to:
(1) provide input to shape the development and scope of a statewide initiative;
(2) help promote the school-to-work system to key employers and education leaders across the State and encourage active participation of employers across the State; and
(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.
The School-To-Work Advisory Council shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996, as to the progress made in establishing the school-to-work system, difficulties encountered, and any actions required by the General Assembly to ensure success of the system. No state funds shall be expended to support the Advisory Council and the Council shall terminate on December 1, 1999.
< [From and after December 31, 2004, subsection (A) is deleted, as follows:] >
(A) [Deleted.]
(B) Because of the need to link education and labor in the planning and delivery of youth apprenticeship programs and with increasing emphasis on partnerships between labor and education in pending federal school-to-work legislation, the State Department of Education with the South Carolina Bureau of Employment Security Commission are jointly responsible for implementing the school-to-work transition system.
(C) The school-to-work system established by this chapter shall be coordinated with the South Carolina's Job Training Partnership Act (JTPA) delivery system at both the state and local levels. This coordination may include staff directors of JTPA service delivery areas and Private Industry Council (PIC) chairmen participating in ongoing state, regional, and local advisory committees. The Director Chief of the Bureau of Employment Security Commission with the State Superintendent of Education shall establish an ongoing statewide advisory committee with representation from the agencies designated in subsection (A) and public and private entities involved in the development of South Carolina's work force. The committee shall be charged with the overall coordination activities of a school-to-work plan and the liaison function with other public and private agencies to monitor participation of employers and cooperation of all parties involved. Regional coordination of the plan shall become a function of the sixteen Tech Prep consortium hubs established pursuant to the current Tech Prep system, and these Tech Prep consortium hubs also shall serve as the region advisory committees. Each school district board of trustees shall establish local advisory committees to address unique employment needs of their areas."
SECTION 109. Section 59-52-100(A) of the 1976 Code, as added by Act 450 of 1994, is amended to read:
"(A) The State Board for Technical and Comprehensive Education in conjunction with the State Board Superintendent of Education shall develop measures for articulation of high school courses to post-secondary technical institutions including procedures to enable qualified students to achieve advanced standing in technical college programs."
SECTION 110. Sections 59-53-20 and 59-53-30 of the 1976 Code are amended to read:
"Section 59-53-20. (A) The State Board for Technical and Comprehensive Education shall have within its jurisdiction, in accordance with the provisions of this article, all state-supported technical institutions and their programs that are presently operating and any created in the future.
(B) The State Board for Technical and Comprehensive Education shall have approval or disapproval authority over all post-secondary vocational, technical, and occupational diploma and associate degree programs financed in whole or in part by the State that lead directly to employment. Excepted are programs presently being offered by other state-supported institutions of higher learning which shall continue their present programs under the direction of their respective institutions. The board shall continue major emphasis on the special schools program, which provides training for prospective employees for new and expanding industry, these programs to be closely coordinated with the state's economic development efforts.
(C) The State Board Superintendent of Education shall continue jurisdiction over currently operating licensed practical nurse (LPN) programs and twelve-month vocational agriculture programs which include adult training in agriculture in the public schools and these programs are subject to the requirements of Sections 59-54-40, 59-54-50, and 59-54-60.
(D) All courses, programs, and institutions within the jurisdiction of the State Board for Technical and Comprehensive Education must be identified and administered as the South Carolina Technical Education System.
(E) The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services, and other state agencies, institutions, and departments.
(F) All personnel employed in the institutions and programs within the jurisdiction and control of the State Board for Technical and Comprehensive Education are designated state employees whether paid in whole or in part by state funds and are subject to the regulations, guidelines, and policies of the State Board for Technical and Comprehensive Education, the Budget and Control Board, and the state personnel system. There may be no local supplements to any salaries. The State Board for Technical and Comprehensive Education shall establish salary ranges for unclassified institutional employees based upon minimum standard systemwide qualification criteria. Area commissions will fill all positions with qualified personnel.
Section 59-53-30. (A) Institutions of the South Carolina Technical Education System shall maintain open admissions policies unless determined to be economically unfeasible by the Budget and Control Board and establish and maintain low tuition and fees in order to provide access to post-secondary education and insure that such educational opportunities shall not be denied to anyone.
(B) Upon request and justification and with the approval of the State Board Superintendent of Education, the board may authorize an institution within its jurisdiction to contract with local school districts to offer adult literacy courses and programs and secondary-level vocational courses and programs.
(C) Upon request and justification and with the approval of the Commission on Higher Education, the board may authorize an institution within its jurisdiction to offer two-year college parallel programs. The Commission on Higher Education shall approve all criteria for college parallel courses."
SECTION 111. Section 59-53-50(12) of the 1976 Code is amended to read:
"(12) in accordance with memoranda of agreement with the South Carolina State Board Superintendent of Education, beginning with the 1986-87 school year, accept and administer federal funds allocated to the State and required to be used for adult vocational training and retraining;"
SECTION 112. Section 59-53-53(A) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(A) The area commission of any technical education institution under the jurisdiction of the South Carolina technical education system may borrow for capital improvements from a federal or other lending agency an amount not to exceed its ability to repay the loan through the imposition of a special fee. The terms of the loan may not exceed forty years. An area commission may issue covenants, enter into mortgages, and grant liens limiting the sale or use of certain parcels of real or personal property in its possession when required as a condition of accepting a grant, loan, or donation for specified capital improvement projects.
To amortize the loan, a special fee must be imposed within the limits established by the state board superintendent, the proceeds of which must be deposited in a special account to be used for payment of the loan in accordance with the terms negotiated by the commission and the lender. No funds other than the revenue from the special fee may be pledged for payment of the loan."
SECTION 113. Section 59-53-80 of the 1976 Code is amended to read:
"Section 59-53-80. Effective July 1, 1969, the control and management of the area trade schools now located in Lexington, Bamberg and Beaufort Counties shall be transferred from the State Board Superintendent of Education to the State Board for Technical and Comprehensive Education, as successor to the Advisory Committee for Technical Training. The board shall merge and/or consolidate the trade schools into its system of local technical education centers in such manner as, in its opinion, will best serve the educational objectives of the technical training program; provided, that high school level vocational programs shall continue to be offered to students in the high schools of the area."
SECTION 114. Section 59-53-1810 of the 1976 Code is amended to read:
"Section 59-53-1810. The State of South Carolina hereby accepts the provisions of an act of Congress entitled: 'To Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure,' and hereby designates and constitutes the State Board Superintendent of Education as the South Carolina State Board of Vocational Training to cooperate with the United States Government in putting such law into operation."
SECTION 115. Section 59-53-1830 of the 1976 Code is amended to read:
"Section 59-53-1830. The State Treasurer is hereby created and appointed custodian of all funds coming to the State from the United States under the provisions of the act referred to in Section 59-53-1810 and shall be responsible on his bond for the correct and proper handling of such funds. All moneys appropriated by the State or paid into the State Treasury from the United States for the purpose set forth in Sections 59-53-1810 to 59-53- 1870 shall be paid out upon the order of the State Board Superintendent of Education, duly countersigned and approved by the secretary of the board, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds."
SECTION 116. The first paragraph of Section 59-53-1850 of the 1976 Code is amended to read:
"Moneys appropriated under the terms of Sections 59-53-1810 to 59-53-1870 shall be paid out upon the order of the State Board Superintendent of Education, duly countersigned and approved by the secretary of the State Board Superintendent of Education, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds."
SECTION 117. Sections 59-53-1860 through 59-53-1880 of the 1976 Code are amended to read:
"Section 59-53-1860. (A) The State Board Superintendent of Education may use the funds appropriated by Sections 59-53-1810 to 59-53-1870 for the payment of the salaries of teachers, supervisors or directors of vocational subjects, for the purchase of supplies and equipment to be used by vocational classes, for the maintenance of classes for training teachers of vocational subjects or for the administration of vocational education, including necessary supervision and clerical help.
(B) Due to the special characteristics of agriculture education work experiences which require instruction during the summer and on a year-round basis, monies appropriated for this purpose shall be available on a full-time twelve-month per year basis to those high schools and joint vocational schools whose teachers of vocational agriculture are responsible for the following programs of instruction on a full-time basis during the interim between academic years:
(a) Supervision and instruction of students in agriculture experience programs;
(b) Group and individual instruction of farmers and agribusinessmen;
(c) Supervision of student members of "Future Farmers of America" who are involved in leadership training or other activities as part of their vocational education instructional program;
(d) Any program of vocational agriculture established by the State Board Superintendent of Education.
Section 59-53-1870. (A) The State Board Superintendent of Education shall adopt rules and regulations governing the expenditures of moneys appropriated by Sections 59-53-1810 to 59-53-1870 and shall make the same known to the various school districts of the State in order that they may know the conditions under which they are entitled to share in the funds available for vocational education.
(B) On or before December 30, 1980, the State Board Superintendent of Education shall adopt instructional program standards for vocational programs and a needs assessment format which includes instructional requirements for the special characteristics of the different vocational programs, using as a guide for vocational agriculture the standards of quality vocational programs in agriculture/agribusiness education developed by the vocational agricultural education profession. The instruction program standards for vocational agriculture programs shall include the instructional programs for the interim between academic years which are itemized in Section 59-53-1860 of the 1976 Code, as amended.
(C) These instructional program standards shall be incorporated in the South Carolina State Plan for Vocational-Technical Education as adopted by the State Board Superintendent of Education. The instructional standards adopted by the State Board Superintendent of Education shall be used to evaluate all vocational programs.
(D) Local programs of vocational agriculture education and the school district's needs assessment for agriculture education programs shall be reviewed by the State Department of Education consultants for agriculture education with the participation of an advisory team consisting at minimum of a member of the local advisory committee for vocational agriculture, a member of the local advisory council for vocational education and a teacher-educator for agriculture education from Clemson University. The findings of such reviews shall include an explicit statement of the vocational agricultural education needs of the students and the agriculture community served by such local program. Any member of this review team shall be allowed to include a minority opinion in the findings of the review. These reviews shall be scheduled by the State Department of Education at intervals adequate to assure local program compliance with the State Plan for Vocational and Technical Education. Whenever a high school or joint vocational school's annual report, as required by Section 59-20-60, the S. C. Education Finance Act of 1977, on programmatic needs fails to justify or continue offering on a full-time twelve-month per year basis any existing vocational agriculture education program, the school district board of trustees for such school shall include and consider the findings of the State Department of Education review of the local vocational agriculture program in the needs assessment of such district board of trustee's comprehensive annual and long-range plan for meeting program needs.
Section 59-53-1880. For the purpose of developing and maintaining vocational education facilities and programs to serve an area not exclusively within the boundaries of a single school district, the school districts serving such an area are empowered to affiliate with each other under such terms and conditions, not in conflict with this section and Section 59-53-1890, as they see fit. The affiliation shall be evidenced by a written instrument to be filed with the secretary and administrative officer of the State Board Superintendent of Education and with the county boards of education concerned."
SECTION 118. Section 59-53-1960 of the 1976 Code is amended to read:
"Section 59-53-1960. Commencing with 1987-88, to continue existing job preparatory programs, other than vocational agriculture, fifty percent of the graduates available for placement must be placed during the prior three years in the area for which training was provided. Each graduate of a job preparatory vocational education program must be surveyed by his school district ten months after graduation to determine job placement status. The school districts shall make an annual report to the State Board Superintendent of Education of the findings of its survey. The State Board Superintendent of Education shall report the results of the district surveys to the Governor, General Assembly, and the Advisory Council on Vocational Technical Education. The State Board Superintendent of Education may waive the fifty percent requirement upon recommendation of the school district, if the district can demonstrate that a program responds to the employment needs of new or expanding businesses or industries. Students must be advised prior to enrollment in a job preparatory program of possible discontinuation of the program, if placement data indicate possible discontinuation, and of the employment outlook for graduates of the program. Students enrolling in vocational programs which are not preparatory for employment must be clearly advised of this fact by the school district."
SECTION 119. Section 59-54-20(B) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(B) The Commission on Higher Education shall serve as the State Occupational Training Advisory Committee and in this regard shall make recommendations to the State Board Superintendent of Education, the State Board for Technical and Comprehensive Education, the Governor's office, and the public for:
(1) improving the coordination among the state's plans and programs for adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education;
(2) assuring the compatibility of these educational plans and programs with the state's economic development strategies;
(3) improving the articulation between secondary vocational education and post-secondary technical education and between post-secondary technical education and four-year degree programs;
(4) improving service to groups or communities in the State which are unserved or underserved and need additional training and education to be employed or to move into the work force and off of public assistance;
(5) improving the accountability systems and effectiveness of the adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education programs;
(6) improving the implementation of the South Carolina Employment Revitalization Act of 1986."
SECTION 120. Section 59-54-30 of the 1976 Code is amended to read:
"Section 59-54-30. (A) After one year from the effective date of this chapter, each area occupational advisory committee shall make a written progress report to the State Occupational Training Advisory Committee. The report must indicate the progress of area technical college commissions and local school boards in reaching the agreement required by Section 59-54-50 and specifically identify issues, if any, delaying final agreement. The State Occupational Training Advisory Committee shall report area technical college commissions and local school boards that have not made appropriate progress toward reaching an agreement to the Governor, General Assembly, State Board Superintendent of Education, and the State Board for Technical and Comprehensive Education.
(B) Based upon a review of the written reports required of the area occupational advisory committees by Section 59-54-40, the memoranda of agreement, and other pertinent information, the State Occupational Training Advisory Committee shall report to the Governor and General Assembly upon the cooperation, articulation, and coordination between technical college commissions and local school boards. The State Occupational Training Advisory Committee shall make its report within one year of the execution of memoranda of agreement between all affected technical college commissions and local school boards or within three years of the effective date of this chapter, whichever comes first. The report is not limited to but must specifically identify technical college commissions and local school boards whose agreements have not achieved coordination and articulation, specify the deficiencies, and make recommendations for removing deficiencies. The report of the State Occupational Training Advisory Committee shall contain the written responses, if any, of the State Board Superintendent of Education, the State Board for Technical and Comprehensive Education, technical college commissions, and local school boards to the State Occupational Training Advisory Committee's findings.
(C) In 1989-90 and every two years thereafter, the State Occupational Training Advisory Committee shall monitor the implementation of the memoranda of agreement and assess the cooperation, coordination, and articulation between technical college commissions and local school boards in a report to the Governor and General Assembly.
(D) Other appropriate state agencies shall assist the State Occupational Training Advisory Committee in preparing the reports required by this section so that the reports may be prepared using existing personnel."
SECTION 121. Section 59-54-40 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 59-54-40. (A) An area occupational training advisory committee is created for each of the service areas presently established by the State Board for Technical and Comprehensive Education for the various technical colleges. The purpose of the Area Occupational Training Advisory Committee is to increase coordination, articulation, and effectiveness among the various vocational, technical, occupational, and adult education and economic development programs in that area.
(B) Each area occupational training advisory committee will have the responsibility of assuring that each area technical college commission and appropriate local school boards shall enter into memoranda of agreement that will demonstrate the following:
(1) cooperation between the technical college and the vocational school in the planning and delivery of adult vocational education;
(2) articulation of secondary vocational courses to post-secondary courses in the curricula of the technical college;
(3) coordination among local boards with other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs.
(C) The membership of each area occupational training advisory committee is as follows:
(1) two private sector representatives from the area technical college commission appointed by the State Board for Technical and Comprehensive Education;
(2) two professional representatives from the area technical college appointed by the State Board for Technical and Comprehensive Education;
(3) one private sector representative from the governing or advisory board for vocation education programs in the area appointed by the State Board Superintendent of Education;
(4) one faculty member or administrator for vocational education programs in the area, appointed by the State Board Superintendent of Education;
(5) two school superintendents in the area, appointed by the State Board Superintendent of Education;
(6) two private sector representatives from the area appointed by the Secretary of Commerce;
(7) two private sector representatives from the area appointed by the Governor.
(D) With the joint approval of the State Board for Technical and Comprehensive Education, the State Board Superintendent of Education, and the Secretary of Commerce, an area occupational job training advisory committee may expand its membership in the manner approved by these boards or councils in order to respond to particular local needs.
(E) Each advisory committee shall elect a chairman and such other officers as they consider necessary, the chairman to be elected from among the private sector representatives on the committee. Each committee must meet within ninety days following the effective date of this chapter and the Governor's Office working through the state technical education system and the Department of Education shall convene the first meeting.
(F) Committee and staff expenses must be paid by the technical college within the service area.
(G) Vacancies on each advisory committee must be filled by appointment in the same manner of original appointment.
(H) The members of each area advisory committee so appointed shall serve until the advisory committee is dissolved as provided in this section.
(I) Each area occupational advisory committee must prepare a written report analyzing the cooperation, articulation, and coordination achieved in the memoranda of agreement between technical college commissions and local school boards. The written report must be completed and provided to the State Occupational Training Advisory Committee, the State Board Superintendent of Education, the State Board for Technical and Comprehensive Education and the affected technical college commission and local school board within sixty days after the execution of the memoranda of agreement. The written report shall contain minority or dissenting views of members of the area occupational advisory committee, if any.
(J) The area occupational advisory committees herein established are dissolved two years after the effective date of this chapter."
SECTION 122. Section 59-55-40 of the 1976 Code is amended to read:
"Section 59-55-40. In the establishment and maintenance of such junior college courses, the following provisions shall be observed:
(1) Application on the part of any school to be classified as a junior college shall be made by the school board to the State Department of Education not later than July first of the first year for which a school seeks such classification and shall be accompanied by the curricula to be maintained;
(2) Each applicant shall be visited by a representative of the State Department of Education who shall make a report to the State Board Superintendent of Education as a basis for its action upon the application at the next regular meeting;
(3) Each applicant will be notified promptly as to the action taken by the state Board superintendent;
(4) A junior college shall be a public school providing one or more two-year courses beyond the eleventh year of the public school course and it shall be located in a school district which maintains an accredited high school and employs a junior college dean and at least the equivalent of two junior college teachers who, together with the superintendent, shall constitute the faculty of the junior college;
(5) A junior college shall be maintained only when the district assessed valuation exceeds one million dollars;
(6) The superintendent of the college shall administer and exercise general supervision over the junior college and shall make such reports as the State Superintendent of Education may require;
(7) The superintendent of the college shall examine the certification of all persons under consideration as teachers in the junior college and recommend for employment only such persons as are found to be fully qualified in accordance with the standards established by the State Board Superintendent of Education and he shall also keep a record of such certification and, on or before October first of each year, shall transmit a copy of this record to the State Department of Education;
(8) The building space available for this use shall be modern, adequate and well adapted to the needs of the work to be undertaken;
(9) There shall be provided a general and reference library, well chosen and adequate for the course offered and for the enrollment in the junior college;
(10) Suitable laboratory space and equipment shall be provided for such advanced work in the natural sciences as is included in the courses offered;
(11) The county superintendent shall prescribe the duties of the dean and such duties may be made to include instruction, organization, classification, discipline and management of the junior college;
(12) The junior college year shall consist of at least nine months, or thirty-six weeks;
(13) Students shall be limited to the following two classes: (a) regular students, who have completed, in a satisfactory manner, a full high school course or its equivalent and (b) special students, who wish to pursue special courses of college rank and who are deemed by the local authority fully qualified to do so;
(14) No school board shall, under any conditions, issue to any person a certificate or diploma showing the completion of a junior college course except upon recommendation of the county superintendent, and a two-year certificate or diploma shall be recommended only upon the completion in a credible manner of at least sixty semester hours, or its equivalent, in a course approved by the State Department of Education;
(15) The minimum length of a recitation period shall be fifty minutes; and
(16) The dean and instructors in a junior college shall have the following qualifications: (a) scholastic training, at least an A.B. or B.S. degree, or its equivalent, from a college recognized as fully entitled to confer such degree and (b) professional training, at least eighteen semester hours in education. These qualification standards are not to be interpreted as retroactive in their application to present instructors in any school district maintaining a junior college prior to May 20, 1935."
SECTION 123. Section 59-63-210(A) of the 1976 Code, as last amended by Act 59 of 2001, is further amended to read:
"(A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board Superintendent of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year. Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section do not preclude enrollment and attendance in any adult or night school."
SECTION 124. Section 59-63-340 of the 1976 Code, as last amended by Act 324 of 1996, is further amended to read:
"Section 59-63-340. The State Board Superintendent of Education shall promulgate regulations necessary to enforce the provisions of this article."
SECTION 125. Section 59-63-430 of the 1976 Code is amended to read:
"Section 59-63-430. The State Board Superintendent of Education shall have printed and furnish to the teachers in the free public schools of this State copies of Sections 59-63-410 and 59-63-420 and shall give such other publicity thereto as may be deemed expedient and advisable."
SECTION 126. Section 59-63-520 of the 1976 Code is amended to read:
"Section 59-63-520. No child shall be transferred to an adjacent district without the prior written consent of such child's parent or legal guardian, or, where such child has neither a parent nor legal guardian, the prior written consent of the State Board Superintendent of Education. Provided, however, transfers of children to adjacent districts prior to June 22, 1973 shall be rescinded upon the written request as provided herein and any such child for whom a request for retransfer to his former district is made shall be returned to such former district."
SECTION 127. Section 59-63-710 of the 1976 Code is amended to read:
"Section 59-63-710. To continue and expand the lunch program in the public schools of the State, in cooperation with the Food Distribution Administration of the United States Government, or any similar agency, there shall be a school lunch division in the State Department of Education, to be directed by a State supervisor, appointed by the State Board Superintendent of Education. Such division shall also employ a steno-clerk and a food consultant to plan meals and otherwise assist in the program and shall purchase all necessary and incidental office supplies. The salaries of the personnel herein provided for shall be fixed by the State Department of Education."
SECTION 128. Section 59-63-800 of the 1976 Code, as added by Act 292 of 1992, is amended to read:
"Section 59-63-800. The State Board Superintendent of Education may grant a waiver of the requirements of Section 59-63-790 to a school which lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such equipment or facilities would cause an extreme hardship. Waivers may also be granted if participation in the program is too small to allow the program to be cost-effective or may create substantial scheduling difficulties. The waiver may be permanent or may be of a specified length of time as determined by the board superintendent. The State Board Superintendent of Education shall promulgate those regulations necessary to implement the provisions of this act."
SECTION 129. Section 59-63-1390 of the 1976 Code, as last amended by Act 107 of 1999, is further amended to read:
"Section 59-63-1390. The State Board Superintendent of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual review of the implementation and progress of the alternative school program and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meeting the locally established measures of success, the Department of Education shall provide technical assistance and future funding may be terminated."
SECTION 130. Section 59-65-10 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 59-65-10. (A) All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board Superintendent of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board Superintendent of Education from the school year in which the child or ward is five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school. A parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten.
(B) Each school district shall provide transportation to and from public school for all pupils enrolled in public kindergarten classes who request the transportation. Regulations of the State Board Superintendent of Education governing the operation of school buses shall apply."
SECTION 131. Section 59-65-30 of the 1976 Code, as last amended by Act 165 of 1993, is further amended to read:
"Section 59-65-30. The provisions of this article do not apply to:
(a) A child who has been graduated from high school or has received the equivalent of a high school education from a school approved by the State Board Superintendent of Education, or member school of South Carolina Independent Schools' Association, or a private school in existence at the time of the passage of this article;
(b) A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability, provided there are no suitable special classes available for such child in the school district where he resides;
(c) A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;
(d) [Reserved]
(e) A student who has a child and who is granted a temporary waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a temporary waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter.
(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years."
SECTION 132. Section 59-65-40 of the 1976 Code is amended to read:
"Section 59-65-40. (A) Parents or guardians may teach their children at home if the instruction is approved by the district board of trustees of the district in which the children reside. A district board of trustees shall approve home schooling programs which meet the following standards:
(1) the parent:
(a) holds at least a high school diploma or the equivalent general educational development (GED) certificate and, beginning in the 1989-90 school year, attains a passing score on the basic skills examination developed pursuant to Section 59-26-20(b)(1) after the State Department of Education has validated the test for use with home schooling parents; or
(b) has earned a baccalaureate degree;
(2) the instructional day is at least four and one-half hours, excluding lunch and recesses, and the instructional year is at least one hundred eighty days;
(3) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies and in grades seven through twelve, composition and literature;
(4) as evidence that a student is receiving regular instruction, the parent shall present a system for maintaining and maintain the following records for inspection upon reasonable notice by a representative of the school district:
(a) a plan book, diary, or other written record indicating subjects taught and activities in which the student and parent engage;
(b) a portfolio of samples of the student's academic work; and
(c) a record of evaluations of the student's academic progress. A semiannual progress report including attendance records and individualized assessments of the student's academic progress in each of the basic instructional areas specified in item (3) must be submitted to the school district.
(5) students must have access to library facilities;
(6) students must participate in the annual statewide testing program and the Basic Skills Assessment Program approved by the State Board Superintendent of Education for their appropriate grade level. The tests must be administered by a certified school district employee either with public school students or by special arrangement at the student's place of instruction, at the parent's option. The parent is responsible for paying the test administrator if the test is administered at the student's home; and
(7) parents must agree in writing to hold the district, the district board of trustees and the district's employees harmless for any educational deficiencies of the student sustained as a result of home instruction.
At any time the school district determines that the parent is not maintaining the home school program in keeping with the standards specified in this section the district board of trustees shall notify the parent to correct the deficiencies within thirty days. If the deficiencies are not corrected within thirty days, the district board of trustees may withdraw its approval.
(B) The district board of trustees shall provide for an application process which elicits the information necessary for processing the home schooling request, including a description of the program, the texts and materials to be used, the methods of program evaluation, and the place of instruction. Parents must be notified in advance of the date, place, and time of the meeting at which the application is considered by the board and parents may be heard at the meeting.
(C) Within the first fifteen instructional days of the public school year, students participating in home instruction and eligible for enrollment in the first grade of the public schools must be tested to determine their readiness for the first grade using the readiness instrument approved by the State Board Superintendent of Education for public school students. If a student is determined to be "not ready" or is determined to lack the necessary emotional maturity, the parent must be advised by appropriate school district personnel whether a kindergarten or a first grade curriculum should be used for the child. Nothing in this section may be interpreted to conflict with a parent's right to exempt his child from kindergarten as provided in Section 59-65-10(A).
(D) Should a student in a home schooling program score below the test requirements of the promotion standard prescribed for public school students by the State Board Superintendent of Education for one year, the district board of trustees shall decide whether or not the student shall receive appropriate instructional placement in the public school, special services as a handicapped student, or home schooling with an instructional support system at parental expense. The right of a parent to enroll his child in a private or parochial school as provided in Section 59-65-10(A) is unaffected by this provision.
(E) If a parent is denied permission to begin or continue home schooling by a district board of trustees, the decision of the district board of trustees may be appealed, within ten days, to the State Board Superintendent of Education. Any appeal from the decision of the State Board Superintendent of Education must be taken, within thirty days, to the family court."
SECTION 133. Section 59-65-90 of the 1976 Code is amended to read:
"Section 59-65-90. The State Board Superintendent of Education shall establish regulations defining lawful and unlawful absences beyond those specifically named in this article and additional regulations as are necessary for the orderly enrollment of pupils so as to provide for uniform dates of entrance. These regulations shall require:
(1) that school officials shall immediately intervene to encourage the student's future attendance when the student has three consecutive unlawful absences or a total of five unlawful absences and
(2) that the district board of trustees or its designee shall promptly approve or disapprove any student absence in excess of ten days. As used in this section, 'intervene' means to identify the reasons for the child's continued absence and to develop a plan in conjunction with the student and his parent or guardian to improve his future attendance.
Provided, However, That nothing within this section shall interfere with the Board's superintendent's authority to at any time refer a child to a truancy prevention program or to the court pursuant to Section 59-65-50."
SECTION 134. Section 59-65-230 of the 1976 Code is amended to read:
"Section 59-65-230. Attendance supervisors shall be certified by the State Board Superintendent of Education. Qualifications for the certification of attendance supervisors shall be determined by the State Board Superintendent of Education in the same manner as the Board superintendent now determines qualifications for all other teachers, provided, that such certification requirements shall not adversely affect attendance supervisors who were employed prior to the passage of this article."
SECTION 135. Sections 59-66-20(F) and 59-66-30 of the 1976 Code, both as added by Act 7 of 1995, are amended to read:
"(F) The State Board Superintendent of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.
Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.
(C) The State Board Superintendent of Education, through the State Department of Education, shall promulgate regulations to implement this section."
SECTION 136. Sections 59-67-20, as last amended by Act 181 of 1993, 59-67-30, and 59-67-40 of the 1976 Code are amended to read:
"Section 59-67-20. The State Board Superintendent of Education, by and with the advice of the Department of Public Safety, shall adopt and enforce regulations not inconsistent with Chapter 5 of Title 56 to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this State and such regulations shall by reference be made a part of any such contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to such regulations. Any officer or employee of any school district who violates any of such regulations or fails to include the obligation to comply with such regulations in any contract executed by him on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with any such regulations shall be guilty of breach of contract and such contract shall be canceled after notice and hearing by the responsible officers of such school district.
Section 59-67-30. (A) Every State-owned school bus while being used in the transportation of school pupils shall be substantially painted with high visibility yellow paint, conforming and similar to National School Bus chrome yellow, and shall display the following markings:
(1) Sides - The words 'SOUTH CAROLINA PUBLIC SCHOOLS' in not less than four inch high letters located directly under the windows.
(2) Back - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
(3) Front - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
(B) The State Board Superintendent of Education is hereby authorized to adopt and to enforce whatever additional regulations regarding the painting and marking of school buses which they may deem necessary and proper.
Section 59-67-40. (A) All school buses owned and operated by a private school or operated under contract for a private school must conform to State laws and regulations of the State Board Superintendent of Education with respect to painting, lettering on the front and rear of the bus, use of stop arm and warning lights for loading and unloading pupils on the highway, maximum speeds and stopping at railroad crossings.
(B) Buses not complying with these requirements shall be painted a color other than yellow and shall not be entitled to the privileges and protection of a school bus operating on the highways of this State."
SECTION 137. Sections 59-67-410 and 59-67-420 of the 1976 Code are amended to read:
"Section 59-67-410. The control and management of all school bus transportation in the State shall be vested in the State Board Superintendent of Education.
Section 59-67-420. (A)The State, acting through the State Board Superintendent of Education, assumes no obligation to transport any child to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile radius of the residence of any child, nor to furnish transportation for any child who attends a grade in a school outside the pupil's district when the same grade is taught in an appropriate school that is located within the school district in which the pupil lives. The cost of transporting pupils to regularly organized instructional classes in the district or attendance area for which school credit is given must be borne by the State. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board Superintendent of Education and adequate funding for the cost of transportation for the programs is arranged.
(B) The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile radius of their residences when it is for the health and safety of the children. In these cases, the local school district may apply in writing to the State Department of Education for the department to assume the transportation for the health and safety of the children involved. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the state department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority.
(C) Regardless of the provisions of the first paragraph of this section, the State shall transport and bear the cost of transporting five-year old children attending public school kindergarten programs to their residences at the conclusion of a morning kindergarten session and from their residences to an afternoon kindergarten session."
SECTION 138. Sections 59-67-440 through 59-67-470 of the 1976 Code are amended to read:
"Section 59-67-440. The State Board Superintendent of Education is empowered to borrow, and the Division of Sinking Funds and Property is empowered and directed to lend to the State Board Superintendent of Education, such sums of money as the State Board Superintendent of Education shall require to enable it to effect purchases of school bus equipment, provided, that, the aggregate of such indebtedness to be outstanding shall not at any time exceed one million five hundred thousand dollars. The indebtedness shall be repayable not later than one year from the occasion that it shall be incurred, and shall be incurred only to the extent that the aggregate of such indebtedness, plus the other indebtedness incurred pursuant to Article 5 of Chapter 71 of this Title for school bus equipment, shall not exceed, on the date that such indebtedness shall mature, the limit prescribed by Section 59-71-420 for outstanding bonded indebtedness incurred for the purpose of school bus equipment, it being intended that notwithstanding that the aggregate of indebtedness prescribed for school bus equipment may be increased through the incurring of indebtedness pursuant to this section to an extent which may, on the occasion that the short term indebtedness herein authorized shall be incurred, exceed the limit prescribed for bonded debt to be outstanding for school bus equipment, the limit established by Section 59-71-420 shall not be otherwise exceeded.
Section 59-67-450. (A) The indebtedness incurred pursuant to Section 59-67-440 shall be in such form and shall bear such rate of interest as may be agreed upon between the State Budget and Control Board and the State Board Superintendent of Education.
(B) For the payment of the indebtedness and the interest to accrue thereon, the principal proceeds of the next bonds to be issued pursuant to Article 5 of Chapter 71 of this Title for school purposes shall be pledged and on the occasion that such further school bonds shall be issued pursuant thereto, sufficient of the proceeds thereof shall be used to retire such indebtedness, both principal and interest.
Section 59-67-460. (A) Any county board of education may at any time contract for any part or all of its transportation services with private individuals or contractors for the furnishing of such services. In any such instance the county board of education shall execute the contracts. The county board shall be responsible for the payment of all sums due under contracts so entered into and shall receive aid from the State for pupils thus transported only on the basis of the average per pupil operating cost of State-owned equipment for the current year as determined by the State Board Superintendent of Education.
(B) The Board superintendent may enter into agreements with county boards of education whereby pupils living in isolated areas may be transported by special arrangements when such transportation can be provided at lower cost than by operating a regular bus route.
Section 59-67-470. The school bus drivers, whether students or adults, shall be selected and employed by the respective boards of trustees of the school districts, subject to the approval of the respective county boards of education. No person under sixteen years of age shall be eligible for consideration as a bus driver. Before being employed, all prospective drivers shall be examined by the State Board Superintendent of Education to determine their competency. The State Board Superintendent of Education shall provide a rigid school bus driver training course and issue special "school bus driver's certificates" to successful candidates. No person shall be authorized to drive a school bus in this State transporting children, whether the bus be owned by the State, by a local school agency, or by a private contractor, who has not been so certified by the State Board Superintendent of Education. All school bus driver certificates shall be renewed every three years. Drivers who have certificates issued prior to September 1962, must enroll and satisfactorily complete bus driver training courses prior to September 1965, and each three years thereafter. Local school superintendents shall supervise the conduct of pupils being transported and of school bus drivers. When any person is relieved of his duties as a bus driver, for just cause, the local school superintendent shall require the driver to turn in his school bus driver certificate which shall be forwarded to the State Board Superintendent of Education. A certificate may be reissued to such a driver at a later date upon approval of the local superintendent and the State Board Superintendent of Education. The provisions of this section shall not apply to private schools."
SECTION 139. Sections 59-67-490 and Section 59-67-500 of the 1976 Code are amended to read:
"Section 59-67-490. The boards of trustees of each district shall make a thorough study of transportation needs each year, and shall submit proposed route descriptions in accordance with the limitations of Section 59-67-420 and approved by county school authorities to the State Board Superintendent of Education annually. All routes served by State-owned equipment shall be subject to the approval of the Board superintendent and the local board of trustees; no such equipment shall be operated except upon routes so approved.
Section 59-67-500. The Board superintendent shall have no jurisdiction over the routing of buses owned and operated by local school agencies either directly or by contract."
SECTION 140. Section 59-67-530 of the 1976 Code is amended to read:
"Section 59-67-530. The Board superintendent shall be responsible for all expenses of operation of State-owned buses and for the replacement of obsolete equipment. The State shall assume no obligation whatever for the expenses of operating buses owned by local or county school agencies, except as provided in Section 59-67-460."
SECTION 141. Section 59-67-540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 59-67-540. The Department of Transportation shall be responsible for providing all supplies required for the operation of state-owned school buses and for maintaining them in efficient and safe mechanical condition. The department shall be reimbursed periodically by the State Board Superintendent of Education for expenditures incident to the operation and maintenance of buses, but no charge by, or reimbursement to, the Department of Transportation shall be made except to cover direct and additional expenses incurred by the department on account of the performance of this service. Provided, however, that the Board Superintendent of Education shall have authority to establish and operate maintenance and supply stations, on an experimental or permanent basis, if it should be determined to be of advantage to the State, and in connection therewith to acquire real property by purchase or lease."
SECTION 142. Section 59-67-550 of the 1976 Code is amended to read:
"Section 59-67-550. The State Board Superintendent of Education is authorized to enter into an installment payment agreement with any political subdivision offering to convey real property to the Board superintendent for use as a school bus maintenance shop, whereby payments for such property may be extended over a period of not more than ten years."
SECTION 143. Section 59-67-570 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 59-67-570. The State Board Superintendent of Education may adopt such rules and regulations as may be necessary to carry out the intent and purposes of this article. Such rules and regulations shall have the full force and effect of law. But rules and regulations that affect the functions of the Department of Public Safety under this article or the operation of buses on the highways shall be adopted only jointly with the Department of Public Safety."
SECTION 144. Section 59-67-720 of the 1976 Code is amended to read:
"Section 59-67-720. The premiums on all insurance contracts procured under the authority of Section 59-67-710 shall be paid out of the annual appropriation for transportation operated by the State Board Superintendent of Education. Such premiums shall be considered a part of the general expenses of operating school bus transportation."
SECTION 145. Section 59-69-30 of the 1976 Code is amended to read:
"Section 59-69-30. The State Treasurer shall from time to time invest in bonds of this State or of the United States or in bonds of any county, school district or municipality within the State all such money in the name of the State as a permanent State school fund and shall pay out the income derived therefrom to the counties of the State as the same may be apportioned among the counties by the State Board Superintendent of Education. But no disposition shall be made of any property, grant, devise, gift or bequest inconsistent with the purposes, conditions or terms thereof."
SECTION 146. Section 59-71-410 of the 1976 Code is amended to read:
"Section 59-71-410. For the purpose of enabling the State Board Superintendent of Education to raise funds for capital improvements and other purposes in addition to those funds provided by Article 3 of Chapter 21 of this Title, for the purpose of enabling the Board superintendent to raise funds necessary to acquire the school bus equipment authorized to be acquired by the provisions of Article 3 of Chapter 67 of this Title and for the purpose of permitting the Board superintendent to raise funds to refinance the short-term indebtedness incurred in connection with the acquisition of school bus equipment, the Governor and the State Treasurer may issue State schools bonds under the conditions prescribed by this article."
SECTION 147. Sections 59-71-430 and 59-71-440 of the 1976 Code are amended to read:
"Section 59-71-430. Before any State school bonds are issued, the State Board Superintendent of Education shall transmit to the Governor and to the State Treasurer a request for the issuance thereof and shall embody in such request:
(a) A schedule showing the aggregate of bonds issued pursuant to previous requests, the purposes for which they were issued, the annual payments required to retire such bonds, the interest thereon and the amount of sinking fund applicable to the retirement of such outstanding bonds, apportioned in accordance with the requirement of Section 59-71-570;
(b) the amount of bonds sought to be issued;
(c) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds requested to be issued;
(d) a schedule showing
(i) the estimated total funds required to cover applications for capital improvements and other purposes to be approved by the Board superintendent in that fiscal year;
(ii) the amount of funds then available to apply on such applications and;
(iii) the remaining amount required to cover such applications, being the amount for which it is proposed that State school bonds be issued.
Section 59-71-440. If the following shall appear to the satisfaction of the Governor and the State Treasurer from the foregoing request:
(a) That the amount of revenues derived from the retail sales tax received during the next preceding fiscal year will, if received annually thereafter, be sufficient to pay as they fall due the principal and interest on such proposed State school bonds and all other State school bonds theretofore issued;
(b) that the amount of revenues estimated by the State Board Superintendent of Education to be received during the term for which such proposed State school bonds will be outstanding will be sufficient to pay, as the same respectively mature, the principal and interest of such bonds and of all other State school bonds theretofore issued;
(c) that the estimate by the State Board Superintendent of Education of its needs as shown pursuant to Section 59-71-430 requires bonds to be issued in the amount requested;
(d) that the issue will be within the limitations prescribed by Section 59-71-420; it shall be the duty of the Governor and the State Treasurer to issue State school bonds in accordance with such request."
SECTION 148. Section 59-71-480 of the 1976 Code is amended to read:
"Section 59-71-480. State school bonds shall bear interest, payable semiannually, at a rate or rates not exceeding the maximum interest rate specified in the Board's superintendent's request for the issuance thereof. Each issue of State school bonds shall mature in annual series or installments, the first of which annual series or installments shall mature not more than ten years after the date of the bonds and the last not more than twenty-four years after such date. The installments or series may be equal or unequal in amount. State school bonds may, in the discretion of the Board superintendent, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may specify in its request for the issuance of such bonds. State school bonds shall not be redeemable before maturity unless they contain a statement to that effect."
SECTION 149. Sections 59-71-550 and 59-71-560 of the 1976 Code are amended to read:
"Section 59-71-550. The proceeds of the sale of State school bonds shall be received by the State Treasurer and placed by him to the credit of the State Board Superintendent of Education, except that the premium, if any, shall be placed in the sinking fund established by Section 59-71-570 and the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds. On the occasion that he receives the proceeds of State school bonds from the purchasers, the State Treasurer shall segregate that part of the proceeds which are intended for allocation to school districts for capital improvements and other purposes from that portion intended for the purchase of school bus equipment, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.
The State Board Superintendent of Education shall in turn credit each of the several school districts with its proportionate share of the proceeds of the bonds applicable to capital improvements and other purposes, each district's share being determined in the ratio of its public school enrollment to the enrollment of the State as a whole.
Section 59-71-560. The proceeds derived from the sale of State school bonds shall be applied by the Board superintendent only to the purposes for which the bonds are issued, and, if it shall be provided that a part of the proceeds of an issue of bonds shall be allocated to school districts for capital improvements and other purposes and another part be applied to defray the cost of school bus equipment, the State Treasurer shall, upon the receipt of the proceeds of such bonds, segregate such proceeds in accordance with the provisions of the request made to the Governor and the State Treasurer pursuant to the provisions of Section 59-71-430."
SECTION 150. Section 59-73-160 of the 1976 Code is amended to read:
"Section 59-73-160. (A)If the federal government in any year ceases to provide federal impact aid or reduces the amount of federal impact aid to those school districts of this State which provide public school education for children who reside on a military base or on another federal establishment in the district wherein local property taxes are not levied, the governing body of the district in that year shall be authorized to charge a tuition fee to such students who attend schools of the district. The amount of the tuition fee shall be set by the governing body of the district and shall be approved by the State Board Superintendent of Education.
(B) The tuition fee per child shall be the same regardless of the school attended and the aggregate amount of the tuition fees charged in any one year shall not exceed the amount of the loss in federal impact aid from the previous year plus or minus a cost-of-living adjustment on the amount of impact aid provided in the previous year which shall be equal to the rise or fall in the consumer price index as it existed at the end of the previous year. If tuition fees are imposed in any year and the federal impact aid cut is later reinstated and paid after the tuition fees have been collected, such fees shall be refunded in full.
(C) The State Board Superintendent of Education shall be authorized to promulgate regulations necessary to implement the provisions of this section and the appropriate officials of the school district shall be authorized to refuse admittance to any child who has not paid the tuition fee required herein.
(D) For purposes of this section:
(a) 'Consumer price index' means the average over a twelve-month period of the consumer price index published monthly by the Bureau of Labor Statistics, United States Department of Labor.
(b) 'Year' means the fiscal year of the school district concerned."
SECTION 151. Section 59-101-80 of the 1976 Code is amended to read:
"Section 59-101-80. The universities and colleges of this State may provide a course of study, to be approved by the State Board Superintendent of Education, the completion of which by a student will entitle him to the degree of licentiate of instruction and they may issue a diploma showing the degree has been conferred."
SECTION 152. Section 59-101-160 of the 1976 Code is amended to read:
"Section 59-101-160. The board of trustees of Columbia Bible College, formerly named the Columbia Bible School, may confer such degrees as it shall determine. A diploma from the Columbia Bible College may entitle the holder to be accredited by the State Board Superintendent of Education in like manner as diplomas are now accredited from other schools and colleges."
SECTION 153. Section 59-103-45(2) of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:
"(2) coordinate with the State Board Superintendent of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements, and define minimum academic expectations for prospective post-secondary students, communicate these expectations to the State Board Superintendent of Education, and work with the state board superintendent to ensure these expectations are met;"
SECTION 154. Section 59-103-140 of the 1976 Code is amended to read:
"Section 59-103-140. The Commission on Higher Education, in consultation with the State Board Superintendent of Education, may contract with selected public or private colleges and universities, or groupings of such institutions, to provide centers of excellence in programs designed to train teachers. The Commission shall devise guidelines and procedures by which institutions, or groups of institutions, may apply for such contracts by the Commission. Such guidelines and procedures shall include participation by local schools or school districts in such programs as may be appropriate. Funds for implementing this activity shall be appropriated annually to the Commission on Higher Education which, in consultation with the State Board Superintendent of Education, shall monitor the performance of participating institutions and may or may not elect to renew such contracts to any original college or university."
SECTION 155. Section 59-103-180 of the 1976 Code, as added by Act 271 of 1992, is amended to read:
"Section 59-103-180. The State Board Superintendent of Education, the State Department of Education, and the state's public school districts and schools shall cooperate with the Commission on Higher Education and the institutions of higher education in providing the counseling and shall assist in any manner considered appropriate by them. The schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity, are urged to attend the sessions, and receive the information."
SECTION 156. Sections 59-137-10 through 59-137-30 of the 1976 Code, all as last amended by Act 322 of 1990, are further amended to read:
"Section 59-137-10. As used in this chapter:
(1) 'Early intervention program' means the specialized education and related services provided in accordance with Public Law 94-142, as amended.
(2) 'Preschool-age handicapped children' means all those children ages three, four, and five whose developmental progress substantially deviates from the norm to the extent that a program of early intervention is required to ensure their adequate preparation for school-age experiences, including those children who meet the State Board Superintendent of Education's eligibility criteria for conditions of developmental delay, trainable mental handicap, profound mental handicap, visual handicap, hearing handicap, orthopedic handicap, other health impaired, and speech/language handicaps.
(3) 'Developmental delay' means a significant deficit in the area of cognitive ability, language ability, motor ability, perceptual ability, or social/emotional maturity and is a handicapping condition if diagnosed as meeting the State Board Superintendent of Education's eligibility criteria.
Section 59-137-20. The State Board Superintendent of Education shall establish a statewide comprehensive system to deliver special education and related services, including parent counseling and training to all preschool-age handicapped children in this State. The system must be planned, developed, and administered by, the State Department of Education under the direction of the State Superintendent of Education. The State Board Superintendent of Education shall set forth policies and procedures for developing and implementing interagency agreements between the State Department and other appropriate state and local agencies to:
(a) define the financial responsibility of each agency for providing handicapped children and youth with free appropriate education;
(b) resolve interagency disputes including procedures under which local school districts may initiate proceedings under the agreement in order to secure reimbursement from other agencies or otherwise implement the provisions of the agreement, and
(c) ensure a smooth transition of children receiving services pursuant to Part H of P.L. 99-457 to the special education and related services authorized by this chapter.
The State Board Superintendent of Education shall prescribe standards and approve the procedures under which facilities are furnished and services provided. The board superintendent shall establish evaluation and placement procedures for handicapped students who participate in the programs established under this chapter and determine certification and training requirements for teachers, other professionals, and paraprofessionals in these programs.
Section 59-137-30. The board of trustees in each school district shall establish an early intervention program for preschool-age handicapped children who are legal residents of the district. Districts may contract with other districts or agencies, public or private, which maintain approved special education programs or provide approved related services in order to facilitate the implementation of this responsibility. Each district shall provide transportation for all children enrolled in early intervention programs who request the transportation, and regulations of the State Board Superintendent of Education governing the operation of school buses shall apply."
SECTION 157. Sections 59-139-10, as last amended by Act 400 of 1998; 59-139-11, as added by Act 100 of 1999; 59-139-15, as added by Act 280 of 1994; and 59-139-20, as added by Act 135 of 1993 of the 1976 Code are amended to read:
"Section 59-139-10. (A) The State Board Superintendent of Education, through the Department of Education and in consultation with the Education Oversight Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and by school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:
(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds established in Section 59-5-65, the parenting program established in Section 59-1-450, the early childhood assistance program established in Section 59-139-20, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;
(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve so they are able to progress academically and move through school with their peers; and
(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.
(B) The State Board Superintendent of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally-funded programs. However, in every instance, district and school plans should be derived from strategies found to be effective in education research.
The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.
(C) The design for the early child development initiative must include:
(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration in each district with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;
(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Options available to districts and schools in designing the early childhood assistance component include:
(a) expanded kindergarten day;
(b) reduction in kindergarten pupil-teacher ratio;
(c) floating teachers in grades one through three assigned to work with students with academic difficulties;
(d) multiage grouping for four and five-year-olds;
(e) multiage grouping in the primary grades;
(f) extended day and/or weekend programs, or summer programs;
(g) additional slots in the half-day program for four-year-olds, and programs for three-year-olds; and
(h) alternatives to the listed options; and
(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.
(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students. Options available to districts and schools include:
(a) extended day and/or weekend programs;
(b) extended school year;
(c) tutorial programs;
(d) floating teachers assigned to work with students with academic difficulties;
(e) tutorials;
(f) class acceleration; and
(g) alternatives to the listed options.
Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.
(F) If alternatives to the listed options are chosen, it should be based on the needs assessment performed as a part of the district and school improvement plans and on strategies found to be effective in research.
(G) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.
(H) Prior to implementation in 1994-95, the plan must be submitted to the State Department of Education to be subjected to a peer review process. The department shall implement a process whereby groups of peers are selected and provided appropriate reviewer training. Teams of peers must be convened for the purpose of reviewing the plans.
The peer review committee may approve, provisionally approve upon revisions of the plan in accordance with recommendations, or disapprove the plans. If the peer review committee disapproves the plan, the committee, in consultation with the State Department of Education staff, shall return the plan with specific recommendations and identify resources for technical assistance. Schools under deregulated status are exempt from the peer review process.
(I) Districts desiring to use the funds available to begin implementing an early childhood initiative and the academic assistance initiative for school year 1993-94 may request approval from the State Board Superintendent of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.
Section 59-139-11. A school accredited by the Southern Association of Colleges and Schools (SACS) may substitute the SACS five-year plan and annual updates for the comprehensive plan and updates required by Section 59-139-10(B), provided that all requirements for information and evaluation and the participation requirements for the community and School Improvement Council are met as mandated in Chapters 18 and 139 of Title 59. Beginning with 2001, with approval by the State Board Superintendent of Education, a school district may request to have its combined strategic plan/accountability system cycle required by Chapters 18 and 139 adjusted to coincide with its schools' SACS review.
Section 59-139-15. Notwithstanding any other provision of law, the stipulated completion dates of the long-range, comprehensive plans required by Chapter 139 of Title 59 of the 1976 Code may be extended until the end of school year 1994-95 upon approval from the State Board Superintendent of Education. Districts requesting such a waiver must outline how the extension will improve the planning and implementation of Act 135 of 1993 and provide the expected date of completion. Before implementation of the plans, the plans must be submitted to the State Department of Education to be subjected to the peer review process; districts wishing to submit their plans before the required or expected completion date may do so. For 1994-95 schools and districts shall implement strategies for academic assistance to students experiencing difficulties in kindergarten through grade twelve. For school year 1993-94, schools may submit either the improvement plans consistent with state department guidelines or its five-year plan.
Section 59-139-20. (A) Beginning in fiscal year 1994-95 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board Superintendent of Education through the Department of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State as follows:
(1) early childhood assistance for students in kindergarten through grade three who are eligible for the federal free- and reduced-price lunch program at a weight of .26;
(2) grade four through twelve academic assistance for students in these grades who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.
(B) Funds generated by kindergarten through grade three students must be used by the districts and schools to provide to any student in these grades needed academic assistance. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-10, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board Superintendent of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.
(C) Funds generated by students in grades four through twelve must be used to provide any student with needed academic assistance with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans, provided for in Section 59-139-10, the State Board Superintendent of Education shall stress district and school flexibility in addressing student needs."
SECTION 158. Sections 59-139-40 through 59-139-60 of the 1976 Code, all as last amended by Act 400 of 1998, are further amended to read:
"Section 59-139-40. By December, 1993, the State Board Superintendent of Education, through the Department of Education and in consultation with the Education Oversight Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.
Section 59-139-50. By September, 1993, the Department of Education, in consultation with the State Board Superintendent of Education and the Education Oversight Committee, shall develop a written plan outlining the process for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.
Section 59-139-60. The State Board Superintendent of Education, through the State Department of Education and in consultation with the Education Oversight Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board Superintendent of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;
(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;
(3) review the data on students overage for grade in each school at grades four and nine;
(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and
(5) propose other methods or measures for assessing how well the purposes of this chapter are met."
SECTION 159. Section 59-139-80 of the 1976 Code, as added by Act 135 of 1993, is amended to read:
"Section 59-139-80. If a review of a district's comprehensive plan indicates the goals and time lines established by the district are not being met, the Department of Education, after consultation with the district's administration, shall provide targeted technical assistance. If after two consecutive years, the district is not making progress toward achieving its goals, the State Board Superintendent of Education, through the State Department of Education, shall enter into a partnership with the district board of trustees to review implementation of the district's comprehensive plan, make recommendations for improvement, and provide assistance in implementing the recommendations."
SECTION 160. Section 59-141-10 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"Section 59-141-10. (A) The State Department of Education shall formulate an implementation plan to accomplish the following national education goals as applicable to South Carolina, which are:
(1) By the year 2000, all children in America will start school ready to learn.
(2) By the year 2000, the high school graduation rate will increase to at least ninety percent.
(3) By the year 2000, American students will leave grades four, eight, and twelve having demonstrated competency over challenging subject matter including English, mathematics, science, history, and geography, and every school in America will ensure that all students learn to use their minds well, so they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy. The South Carolina goals also include the areas of foreign languages, health and physical education, arts and humanities, and occupational education as part of this goal.
(4) By the year 2000, U.S. students will be first in the world in science and mathematics achievement.
(5) By the year 2000, every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship.
(6) By the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive of learning.
The Department of Education, building upon the South Carolina Total Quality Education Framework for Change and the South Carolina Goals Panel Report shall formulate this plan, which must focus on equity, productivity, and interagency collaboration to meet the National Goals by the year 2000.
The plan at a minimum shall address:
(a) a review of the Education Finance Act and a Defined Maximum Program;
(b) a review of the Education Improvement Act and Target 2000;
(c) an alignment of the plan with the national goals;
(d) an identification of sources and reallocation of funds and revenue;
(e) accountability measures for state agencies, local school districts, and local communities;
(f) a system which connects funding costs with school performance effectiveness;
(g) a system for coordinating interagency funds to support health, social, and education services to children and families; and
(h) a system for coordinating funds with technical colleges and higher education to support lifelong learning.
The Education Improvement Act is to be included in this review, but all EIA funds must be used only for new reforms and innovations and not for regular ongoing operations at schools, although after this review the reforms and innovations for which these funds were dedicated may be different than originally provided.
(B) In formulating this plan the Department of Education shall coordinate its efforts with the South Carolina Business-Education Partnership for Excellence in Education, to include its planning committee and outreach committee and also the accountability committee of the Business Education Subcommittee.
Input must be solicited from the State Board Superintendent of Education, South Carolina Education Goals Panel, EIA Education Oversight Committee, Human Services Coordinating Council, South Carolina Business Center for Education, Chamber of Commerce, South Carolina School Boards Association, South Carolina Association of School Administrators, South Carolina Parent Teacher Association, South Carolina School Improvement Councils, Palmetto Teachers Association, South Carolina Education Association, South Carolina Teacher Forum, American Association of Retired Persons, Business and Community Representatives, Regional Goals Coordinating Councils and America 2000 communities.
This plan shall reflect a systemic approach that applies the principles of Total Quality Management and strategies of effectiveness which reflect state accountability, local school district accountability, and community accountability. The plan must relate to learning and school effectiveness standards developed by the State Board Superintendent of Education through the State Department of Education, to restructuring efforts that relate to local school districts, and to partnerships that relate to local communities. Examples of these standards and efforts include:
(1) curriculum frameworks in each subject area;
(2) accreditation and accountability of schools;
(3) assessment of student learning;
(4) empowerment of the existing and future teaching force;
(5) instructional materials and technology;
(6) extensive use of the Leadership Academy;
(7) seed money for restructuring initiatives;
(8) staff development through the use of "lighthouse schools";
(9) understanding of educational renewal and restructuring;
(10) school to work transitions;
(11) motivational programs for students and parents;
(12) increased collaboration between K-12 and higher education;
(13) collaborative-decentralized governance;
(14) case management and collocation services to emotionally and physically handicapped children and their families;
(15) targeted education and health services to special needs groups;
(16) educational and health counseling services with local and community input on the negative impact of teen pregnancy and the positive impact of delaying parenthood;
(17) contracting between public schools and health related entities;
(18) maximizing federal and other funds to ensure that children are provided health screenings; and
(19) providing extended care services to working parents.
(C)(1) By August 1, 1993, a draft of the format to be used in developing the plan must be presented for review and approval to the State Board Superintendent of Education, the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee, and Senate Education Committee.
(2) By September 1, 1994, the Department of Education shall submit for review and approval to the EIA Education Oversight Committee and the Business Education Subcommittee the proposed time lines, funding requirements, and necessary steps to implement the plan for each of the next five years from 1995 to 2000.
(3) During the months of November and December, 1994, the State Department of Education and the South Carolina Business-Education Partnership Committee shall meet with and request comment from, but not limited to, the major education associations, the Congress of Parents and Teachers, the state and local Chambers of Commerce, the State Board Superintendent of Education, Regional Goals Coordinating Councils, Human Service Coordinating Council, Regional EIA Councils, the Principal's Council, Council of College Presidents, South Carolina Council of Educational Collaboration, the Commission on Higher Education, South Carolina Teachers' Forum, EIA Education Oversight Committee, House Education and Public Works Committee, Senate Education Committee, House Ways and Means Subcommittee on Long Term Policy and Planning, and Senate Finance Subcommittee on Education on the proposed time lines, funding requirements and necessary specific steps to implement the plan for each of the next five years.
(4) By January 1, 1995, the State Department of Education shall submit to the State Board Superintendent of Education, the Governor, and the General Assembly the revised plan which establishes accountability measures at the state level, accountability measures at local district level and supporting interagency partnerships at the community level, funding requirements, and appropriate time lines."
SECTION 161. Article 2, Chapter 144, Title 59 of the 1976 Code is amended to read:
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts in the following manner:
(1) thirty-five percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) thirty-five percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) fifteen percent of the funds allocated annually to the several school districts for facilities' needs must be distributed based on a standardized assessment of the districts' needs for facilities using a uniform estimate of costs as established in Section 59-144-120. Individual district allotments must be based on the district facilities need relative to the state total facilities need;
(4) fifteen percent of the funds allocated annually to the school districts must be distributed based on equalized effort defined as the prior five years' average expenditures for capital projects and debt service, including lease-purchase obligations, for school instructional facilities divided by the average assessed value of all property subject to ad valorem school taxation and adjusted to reflect an equalized per pupil mill value. Individual district allotments must be based on a district's equalized effort relative to the state total equalized effort. The amount included for lease-purchase obligations shall not include the costs of utilities or operation and maintenance of the leased facility;
(5) a district's annual allotment must be the sum of the four amounts calculated as provided in this section. Funds from a district's allotment shall be made available as needed once approval is received from the State Board Superintendent of Education pursuant to Chapter 23 of this title.
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities' needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
Section 59-144-120. The State Board Superintendent of Education responsibilities in regard to this chapter include:
(1) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's needs to be used in calculating the allotment of funds under Section 59-144-100. Any standardized cost allowances must take into account regional variances that are beyond the control of individual districts. Facilities' needs include, but are not limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be used only for providing a uniform reporting of districts' needs for formula allotment purposes and are not intended to limit district options in determining the most appropriate manner in which to meet individual district needs; and
(2) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter and the use of funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board Superintendent of Education shall report to the General Assembly the projected five-year school facilities improvement requirements reported by the school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
Section 59-144-140. The Department of Education's responsibilities shall include:
(1) providing staffing assistance to the State Board Superintendent of Education in the development of policies, guidelines, standards, and regulations implementing this chapter; and
(2) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects financed in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board Superintendent of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education.
Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the provisions of this chapter and any regulations promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.
Section 59-144-160. By December 1, 1998, the State Board Superintendent of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas."
SECTION 162. Section 59-146-30 of the 1976 Code, as added by Act 28 of 1999, is amended to read:
"Section 59-146-30. As used in this chapter:
(1) 'Department' means the State Department of Education.
(2) 'School district' means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59.
(3) 'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.
(4) 'State board superintendent' means the State Board Superintendent of Education.
(5) 'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter."
SECTION 163. Section 59-146-60 of the 1976 Code, as added by Act 28 of 1999, is amended to read:
"Section 59-146-60. The State Board Superintendent of Education, by resolution, shall notify the State Budget and Control Board of the following:
(1) the amount then required for allocation to local school districts for school facilities for the next fiscal year;
(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended;
(3) a debt service table showing the annual principal and interest requirements for all state school facilities bonds then outstanding; and
(4) the total amount of all state school facilities bonds issued.
This notification shall be presented to the Budget and Control Board by March first of each year."
SECTION 164. Section 59-146-170 of the 1976 Code, as added by Act 28 of 1999, is amended to read:
"Section 59-146-170. The responsibilities and duties of the State Department of Education and State Board Superintendent of Education shall be as outlined in Sections 59-144-120, 59-144-130, and 59-144-140."
SECTION 165. Section 60-9-30 of the 1976 Code is amended to read:
"Section 60-9-30. The State Board Superintendent of Education shall select and publish a list of library books and also a list of supplementary readers and shall make all necessary rules and regulations concerning the use and care of libraries."
SECTION 166. Sections 59-103-10 through 59-103-200 of the 1976 Code are designated as Article 1, General Provisions, Chapter 103, Title 59.
SECTION 167. Chapter 103, Title 59 of the 1976 Code is amended by adding:
Section 59-103-410. The Commission on Higher Education shall administer the provisions of this article and shall make those regulations as may be necessary in order to carry out the intent of this article.
Section 59-103-420. (A) There is created a Tuition Grant Advisory Board consisting of eight representatives of the independent institutions of higher learning in the State who choose to come under the provisions of this article. In addition, the membership of the advisory board includes one ex officio member who must be the chief executive officer of the State Commission on Higher Education or his designee. The terms of the representatives of the institutions are for three years and until their successors are selected and qualify. The membership of the Tuition Grant Advisory Board must be rotated among the participating institutions.
(B) The advisory board shall advise the Commission on Higher Education in matters concerning tuition grants.
Section 59-103-430. The State of South Carolina shall grant an amount, as provided in this article, to an applicant who meets the following qualifications:
(a) has been a resident of South Carolina for at least one year;
(b) is of good moral character;
(c) has demonstrated qualities of academic merit and financial need;
(d) has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction;
(e) is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and
(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to a felony or an alcohol or drug-related offense under the laws of this or another state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense is eligible or continues to be eligible for grants after the expiration of one academic year from the date of the adjudication, conviction, or plea.
Section 59-103-440. (A) The provisions of this article apply to students entering college as freshmen during the 1970-71 academic year.
(B) The amount of the grant to be paid for each semester, or appropriate academic term, must be determined by the Commission on Higher Education and the commission shall award the maximum amount permissible under its regulations or the determined need of the student, whichever is less.
(C) The maximum amount may not exceed the average state appropriation for each full-time student enrolled in the state-supported institutions of higher learning with four-year undergraduate degree programs in the previous year. The commission shall calculate the tuition grants annually.
(D) The need of each applicant must be determined by acceptable need analysis such as the parents' confidential statement and other analyses as the commission may determine.
(E) An adjustment must be made in the tuition grant of a student awarded a scholarship from another source if the combination of grants and awards exceeds the calculated need of the student. If the scholarship is for only a portion of tuition and fees, the student may qualify for a proportionate tuition grant pursuant to the provisions of this article.
Section 59-103-450. It is unlawful for a person to obtain, attempt to obtain, expend, or attempt to expend, a tuition grant provided by this article for a purpose other than in payment of, or reimbursement for, the tuition cost of the student to whom the scholarship has been awarded at the institution the student is authorized to attend under the tuition grant.
Section 59-103-460. South Carolina Tuition Grant funds must be disbursed to eligible students on a semester-by-semester basis. Interest accruing on the balance of undisbursed tuition grant funds on deposit with the State Treasurer's office from September fifteenth through December thirty-first must be calculated by the State Treasurer's office and transferred within thirty days to the Commission on Higher Education to be awarded as tuition grants to eligible students.
Section 59-103-470. For the purposes of this article, an independent institution of higher learning means an independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools."
SECTION 168. Section 59-104-20(C) of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"(C) Of the funds made available for higher education Palmetto Fellows Scholarships for any year, a percentage thereof must be allocated for students attending South Carolina independent colleges of higher learning in this State. This percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time enrollment (FTE) of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission."
SECTION 169. Section 59-143-30(1) of the 1976 Code, as added by Act 458, Part II, Section 20(C) of 1996, is amended to read:
"(1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission."
SECTION 170. Section 59-150-350(D) of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"(D) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for tuition assistance at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degrees or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase or repair of school buses; to the South Carolina Educational Television Commission for digitalization; to the Commission on Higher Education to administer a construction and renovation fund for the historically black colleges and universities, and to the Higher Education Tuition Grants Commission on Higher Education to administer tuition grants. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery, and must not be reduced or supplanted later by revenues received from a state lottery."
SECTION 171. Section 59-150-355 of the 1976 Code, as added by Act 356 of 2002, is further amended to read:
"Section 59-150-355. There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Fiscal year 2002-2003 certified net lottery proceeds and investment earnings of $172,000,000 are appropriated as follows: Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $32,915,900; School Buses, $ 8,000,000; State Library, Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $11,103,683; Tuition Assistance--Technical Schools and 2-year institutions as provided in Section 59-150-360, $34,000,000; HOPE Scholarships as provided in Section 59-150-370, $5,787,600; Administration of Scholarships, Technical Grants, and Endowed Chair programs, $192,817; South Carolina State University--Research and Technology Grant, $2,000,000; Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. Funds appropriated for Research and Technology Grant--South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items and between recurring and nonrecurring funds in order to ensure the timely receipt of scholarships and tuition assistance. The amounts appropriated for school buses must be used for the purchase of new school buses and the repair of existing school buses. Fiscal year 2001-2002 certified net lottery proceeds and investment earnings of $80,000,000 are appropriated as follows: Department of Education--Education Accountability Act, $23,903,683; School Buses, $15,000,000; Educational Television Commission--ETV Digitalization as provided in Section 59-150-350(D), $18,500,000; Tuition Grants Commission on Higher Education--Tuition Grants, $3,000,000; Commission on Higher Education $2,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,596,317; Historically Black College and University Maintenance and Repair, $3,000,000; South Carolina State University--Research and Technology Grant, $1,000,000; Needs-Based Grants, $3,000,000. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide homework centers ($1,548,440); retraining grants ($4,637,000); external review teams ($1,466,872); teacher specialists ($12,581,069); principal specialists ($2,270,302); school-based pilot programs ($400,000); and Palmetto Gold and Silver Awards Program ($1,000,000). Funds appropriated for teacher and principal specialists must be used first to fully fund these programs. Any funds remaining are to be used for the other five programs listed above. School-based Pilot Programs must include the deregulation of any school district with an overall absolute or improved designation of average or better when requested by the district. The amounts appropriated for school buses must be used for the purchase of new school buses including six appropriately equipped school buses for the School for the Deaf and the Blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen-passenger activity buses must be purchased for John de la Howe. Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. The amounts appropriated for South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, as amended, shall be appropriated in an equal amount to each institution to be used by the institutions for construction and renovation projects. Funds appropriated for Research and Technology Grant--South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. Fiscal year 2002-2003 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and shall be used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. Fiscal year 2001-2002 net lottery proceeds and investment earnings in excess of certified net lottery proceeds and investment earnings for this period are appropriated and shall be carried forward and used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. For fiscal Year 2001-2002 and 2002-2003 the first $1,000,000 of unclaimed prize money is appropriated to the Budget and Control Board to contract for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I). Any revenue in excess of the $1,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses. If the lottery revenue received for fiscal year 2001-2002 or fiscal year 2002-2003 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, Palmetto Fellows, and HOPE Scholarships."
SECTION 172. Chapter 113 of Title 59 of the 1976 Code is repealed.
SECTION 1. Section 1-3-240(C)(9) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(9) Board of the Department of Health and Environmental Control Environment and Natural Resources, excepting the Chairman;"
SECTION 2. Chapter 5, Title 3 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 3-5-5. As used in this chapter, 'division' means the Division of Environmental Control, Department of Environment and Natural Resources.
Section 3-5-10. For the purpose of aiding in the construction and maintenance by the United States of the projects approved by Congress by the River and Harbor Act approved August 26, 1937 for the construction of the intracoastal waterway from the Cape Fear River, North Carolina, to the Savannah River, Georgia (Rivers and Harbors Committee Document No. 6, 75th Congress, first session), of the Ashley River, South Carolina, project (House Document No. 449, 74th Congress, second session) and of the Shipyard River, South Carolina, project (Rivers and Harbors Committee Document No. 38, 75th Congress, first session) and any changes, modifications or extensions thereto and any tributaries thereof, the Governor and the Secretary of State may issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land, including submerged lands, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for said Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, in so far as such lands, including submerged lands, are subject to grant by the State, such grant to issue upon a certificate showing the location and description of such rights of way and spoil disposal areas furnished to the Governor by the Secretary of the Army, any authorized officer of the Corps of Engineers of the United States Army or any other authorized official exercising control over the construction or maintenance of such projects.
Section 3-5-20. Whenever in the construction or maintenance of such intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River, and its tributaries, or the Ashley River or Shipyard River projects, lands theretofore submerged shall be raised above the water by the deposit of excavated material, the United States of America shall have a perpetual right and easement to enter upon, excavate, cut away and remove any and all of such land, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of said Ashley River or Shipyard River projects and to maintain the portion so excavated and the channels, anchorage areas and turning basin thereby created, as a part of the navigable waters of the United States, and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged lands, composing a part of the spoil disposal area not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be useful in the construction, maintenance, and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, if within the limits of such rights of way or spoil disposal areas.
Section 3-5-30. The Governor and Secretary of State may issue to the United States of America a grant or grants within such limits as above specified of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land raised above water as mentioned in Section 3-5-20, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, their slopes and berms, as may be required at any time for the construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for the Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged land, composing a part of the spoil disposal areas not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance, and improvement of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and the Ashley River and Shipyard River projects, the grant or grants to issue upon a certificate furnished to the Governor by some authorized official of the United States as provided in Section 3-5-10.
Section 3-5-40. If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control division may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation, or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
Section 3-5-50. If for any reason the South Carolina Department of Health and Environmental Control division is unable to secure any rights-of-way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the South Carolina Department of Health and Environmental Control division, acting for and in behalf of the State may condemn it.
Section 3-5-60. If the United States Government shall so determine, it may condemn and use all lands, including submerged lands, property and property rights which may be needed for the purposes set forth in Section 3-5-40 under the authority of the United States Government and according to the provisions existing in the federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands, including submerged lands, property, and property rights, the South Carolina Department of Health and Environmental Control division may pay all expenses of such condemnation proceedings and any award that may be made thereunder out of any monies appropriated for such purposes.
Section 3-5-80. For the purpose of determining the lands, easements and property necessary for the uses herein set out, the South Carolina Department of Health and Environmental Control division or the United States Government, or the agents of either, may enter upon any lands along the general line of the rights of way for the purposes of locating definitely the specific lines of such rights of way and the land required for such purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys.
Section 3-5-100. If any of the lands or property, the use of which is acquired for the rights-of-way and spoil disposal areas has been leased by the South Carolina Department Division of Natural Resources to any person for the cultivation and gathering of oysters, the Department Division of Natural Resources shall substitute for the leased areas lying within the rights-of-way and spoil disposal areas other equal areas lying without the rights-of-way and spoil disposal areas that also are suitable for the cultivation and gathering of oysters. The Department of Health and Environmental Control Division of Environmental Control may reimburse the person for any direct actual losses resulting from the transfer of leased oyster beds. If for any reason the Department Division of Natural Resources is unable to reach an agreement with the owner of the leased oyster beds, the Department of Health and Environmental Control Division of Environmental Control, acting for the State, may condemn the rights and property of the lessees in the leased areas.
Section 3-5-120. If and when any such oyster beds or oysters growing therein shall have been damaged by muddy water or by other effects of such dredging operations any person holding such oyster beds in fee simple or in leasehold or owning the oysters growing therein or any person engaged in the prosecution of the work of constructing the waterway shall be privileged to apply to the South Carolina Department of Health and Environmental Control division to survey such oyster beds and oysters and to determine the extent and amount of such damage. Upon any such application, the Department of Health and Environmental Control division shall proceed promptly to survey the damage done to such oyster beds and oysters and to determine the identity of the person causing such damage and the identity of the owner in fee or in leasehold of such oyster beds and oysters suffering such damage. The South Carolina Department of Health and Environmental Control division may subpoena witnesses to assist in the determination of such facts. The Department of Health and Environmental Control division must afford the owner of the alleged damaged oyster beds and oysters and the person alleged to have caused the damage an opportunity to be heard.
Section 3-5-130. Staff of the Coastal Division Office of the Department of Health and Environmental Control division shall make a determination of the amount of actual damage.
Section 3-5-150. Upon the filing with the clerk of court of any such award there shall be added thereto as a part thereof the costs of the survey held to determine the damage resulting in such award. Such costs shall be repaid to the Department of Health and Environmental Control division by the person against whom the award is given. If it shall be finally determined that no damage has been done the cost of the survey shall be paid by the person requesting the survey.
Section 3-5-160. The Department of Health and Environmental Control division shall account for all monies recovered under the provisions of Sections 3-5-110 to 3-5-150 to the State Treasurer.
Section 3-5-170. Should any person cultivating oysters upon an area leased from the State outside of the limits to be acquired for said waterway project from Winyah Bay to the state boundary line in the Savannah River elect, in lieu of claiming damages which might be done to such oysters by dredging operations, to transfer such cultivated oysters to a different leased area and the person whose dredging operations in the construction of said intracoastal waterway either shall have damaged or might damage such oysters agrees to pay the expenses of such removal, the South Carolina Department Division of Natural Resources may substitute for such leased areas other equal areas suitable for the cultivation and gathering of oysters in a location not subject to damage by dredging operation.
Section 3-5-190. Any person, his heirs, executors, administrators, successors, or assigns, who may be compensated for damage to oysters during the construction or maintenance of said intracoastal waterway and its tributaries and the Ashley River and Shipyard River projects, whether by the Department of Health and Environmental Control division, the contractor engaged on the work or the United States, shall be estopped from making further claim for damage to oysters in or upon the same area on account of dredging operations during maintenance or further improvement of the waterway and its tributaries or Ashley River or Shipyard River.
Section 3-5-320. If the title to any part of the lands required by the United States Government for the construction of the aforesaid inland waterway from the North Carolina-South Carolina State line at Little River to Winyah Bay shall be in any private person, company, firm or corporation, railroad company, canal company, telephone or telegraph company or other public service corporation or shall have been donated or condemned for any such use by any political subdivision of this State, the Department of Health and Environmental Control division may, acting for and in behalf of the State, secure a right of way of the width aforesaid for such inland waterway upon, across and through such lands or any part thereof by purchase, donation or otherwise, through agreement with the owner when possible, and when any such property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
Section 3-5-330. If for any reason the Department of Health and Environmental Control division is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control division acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States.
Section 3-5-340. If the United States Government shall so determine, it may condemn and use all lands and property which may be needed for the purposes set forth in Section 3-5-310 under the authority of the United States Government and according to the provisions existing in the federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands and property, the Department of Health and Environmental Control division may pay all expenses of the condemnation proceedings and any award that may be made thereunder out of any moneys monies appropriated or which may be appropriated for such purposes.
Section 3-5-360. For the purpose of determining the lands and property necessary for the uses herein set out the Department of Health and Environmental Control division or the United States Government, or the agents of either, may enter upon any lands along the general line of said right of way and make such surveys and do such other acts as in their judgment may be necessary for the purpose of definitely locating the specific lines of said right of way and the lands required for said purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys."
SECTION 3. Chapter 33, Title 4 of the 1976 Code is amended to read:
Section 4-33-10. The Commissioner of Agriculture, who is the authorized custodian of the State exhibit property, and the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall, whenever application is made to either or both by the officials of county fairs held in the State and upon the guarantee by such officials of all expenses connected with the undertaking, shall prepare and send to such fairs exhibits of such educational character as will be instructive and beneficial to the people attending the fairs.
Section 4-33-20. The Commissioner of Agriculture and the Department of Health and Environmental Control Director of the Division of Environmental Control shall send in charge of these exhibits demonstrators competent to explain fully to visitors at the fairs the educational value of such exhibits.
Section 4-33-30. The Commissioner of Agriculture and the Department of Health and Environmental Control Director of the Division of Environmental Control may detail necessary men to this service, though they may be employed and paid for other purposes, and may expend such funds as may be at their command and as may be necessary to prepare and arrange the exhibits contemplated by Section 4-33-10."
SECTION 4. Section 5-31-2010 of the 1976 Code is amended to read:
"Section 5-31-2010. The General Assembly takes note of the fact that incorporated cities and towns (municipalities) throughout the State have in many instances experienced considerable growth with the result that sewage collection and treatment facilities must be extended and enlarged in order to serve all of the persons residing within the corporate limits. Such extensions and enlargements are customarily paid from ad valorem taxes levied throughout the municipality and from sewer service charges. However, it appears that in some instances the cost of constructing all or a portion of such facilities can be more equitably distributed by assessing all or a portion of the cost of constructing sewer laterals against the properties facing thereon.
The General Assembly concludes that in order to facilitate the construction and operation of sewer systems by municipalities, all municipalities should be granted all of the powers set forth in this article.
In view of the foregoing, the General Assembly has determined to confirm in the governing body of each municipality the power: (1) To place into effect, revise, enforce, and collect a schedule of charges for its sewage collection service and (2) to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the municipality's sewage collection facilities as now existing or hereafter improved; and to give the governing body of each municipality in addition to those powers already vested in them, the power: (a) To contract with any public or private agency operating a water system for the collection of such sewer charges; (b) to make regulations generally with respect to the discharge of sewage and the use of privies, septic tanks and any other type of sewage facilities; (c) to impose front-foot assessments against properties abutting the sewage collection laterals; and (d) to make unpaid sewer service charges a lien against the property served.
It is the legislative intent of this article that it shall be deemed complementary and supplementary to existing laws relating to any municipalities and to add to the powers, functions, and duties committed to the several governing bodies thereof in order that all municipalities may fulfill their function of preserving the public health, and provide for all those who own, use or occupy dwellings, commercial buildings or other structures therein. In enacting this article, the General Assembly exercises its general police powers having found that such exercise was necessary for the maintenance and preservation of the health of the inhabitants of the State. Nothing herein contained shall be construed to be in derogation of the powers of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 5. Section 6-11-285 of the 1976 Code is amended to read:
"Section 6-11-285. (A) For purpose of this section:
(1) 'Political subdivision' means any municipality, county, public service district, special service district, or other public entity charged with the operation and maintenance of wastewater plants or treatment facilities, water treatment facilities, or with the operation and management of any water distribution system;
(2) 'Person' means a person as defined in item (1) of Section 48-1-10.
(B) Any person violating any ordinance or regulation of a political subdivision or any permit, permit condition, or final determination of any political subdivision as required by state or federal law is subject to a civil penalty not to exceed two thousand dollars for each day of violation.
(C) Any political subdivision, prior to the imposition of any civil penalty, shall issue a rule to show cause requiring the person to appear and show cause why civil penalties should not be imposed and specifying which violations are charged. A hearing upon the rule must be held before a hearing officer designated by the governing body of the political subdivision.
(D) All penalties assessed under the provisions of this section must be held as debt and payable to the political subdivision by the person against whom they have been charged and shall constitute a lien against the property of the person.
(E) The hearing procedure required under the provisions of this section must be in accordance, as practicably possible, with that procedure as prescribed by Regulation 61-72 of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(F) All appeals from the decision of the hearing officer under the provisions of this section must be heard in the court of common pleas in the county in which the political subdivision is located."
SECTION 6. Section 16-11-290 of the 1976 Code is amended to read:
"Section 6-11-290. This article being necessary for the public health, safety and welfare, it shall be liberally construed to effectuate the purposes thereof. But all functions, powers and duties of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall remain unaffected by this article."
SECTION 7. Section 16-11-1210 of the 1976 Code is amended to read:
"Section 16-11-1210. The General Assembly has from time to time created and established special purpose or public service districts throughout the State of South Carolina for the purpose, inter alia, of providing for the establishing of appropriate facilities for the collection, disposal, or the treatment of sewage. Generally the cost of constructing such facilities has been defrayed from the proceeds of a districtwide ad valorem tax upon all property lying within the district involved. This method of financing such facilities was based upon the General Assembly's conclusion that all properties within the district benefited by the proposed improvement in proportion to their assessed value. However, it appears that in some instances the cost of constructing all or a portion of such facilities can be more equitably distributed by assessing the cost of constructing sewer laterals against the properties facing thereon. In addition a sewer service charge is likewise proper in many instances.
The General Assembly concludes that in order to facilitate the construction and operation of sewer systems by special purpose or public service districts, all of such districts should be granted all of the powers set forth in this article.
In view of the foregoing, the General Assembly has determined to give the governing body of each such district, in addition to those powers already vested in them respectively, the power: (a) To place into effect, revise, enforce, and collect a schedule of charges for its sewage collection service; (b) to contract with any public or private agency operating a water system for the collection of such sewer charges; (c) to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the district's sewage collection facilities as now existing or hereafter improved; (d) to make regulations generally with respect to the discharge of sewage and the use of privies, septic tanks and any other type of sewage facilities; (e) to impose front-foot assessments against properties abutting the sewage collection laterals; and (f) to make unpaid sewer service charges a lien against the property served.
It is the legislative intent of this article that it shall be deemed complementary and supplementary to existing laws relating to each such district and to add to the powers, functions and duties committed to the several governing bodies thereof in order that such districts may fulfill their function of preserving the public health and provide for all those who own, use, or occupy dwellings, commercial buildings or other structures therein. In enacting this law, the General Assembly exercises its general police powers having found that such exercise was necessary for the maintenance and preservation of the health of the inhabitants of the State. Nothing herein contained shall be construed to be in derogation of the powers of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 8. Section 6-11-1430 of the 1976 Code is amended to read:
"Section 6-11-1430. The Fire Authority having jurisdiction may, within the means of its resources, evacuate or cause to be evacuated all persons within and adjacent to burning structures, open fires, dangerous gas leaks, flammable liquid spills, and transportation incidents.
The following are exempt from the provisions of this article (1) industrial processing and manufacturing plants which have a State Labor Department (OSHA) or Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources approved emergency evacuation plans; (2) hospitals and similar type health care facilities which conduct surgery or administer care through the use of life support systems and which have approved emergency evacuation plans by the authority having jurisdiction; (3) the Division of Forestry Commission in the carrying out of its forest fire protection duties and responsibilities as provided in Sections 48-23-90, 48-33-30, 48-33-40, and 48-33-70. The Fire Authority having jurisdiction does not have the power and authority to declare a state of emergency and order and compel an evacuation of the scope and magnitude that would be necessary during an actual or threatened enemy attack, sabotage, flood, storm, epidemic, earthquake, riot, or other public calamity."
SECTION 9. Section 6-15-30 of the 1976 Code is amended to read:
"Section 6-15-30. Any contract made between governmental entities shall be executed on behalf of each contracting party, after it has been approved by resolution or other action taken by the governing body. Wherever any such contract shall be the basis for the issuance of revenue bonds or general obligation bonds by any of the contracting parties, such contract shall become a part of the transcript of proceedings incident to the issuance of such bonds and shall be filed in the manner prescribed by Section 11-15-10. Copies of all contracts made pursuant to this chapter shall also be filed with the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 10. Section 6-19-30 of the 1976 Code is amended to read:
"Section 6-19-30. The fund for such grants shall be from either revenue-sharing trust funds or from general appropriations to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, which shall administer such grants for intermission to public water supply authorities or districts, sewer authorities or districts, water and sewer authorities, rural community water or sewer systems, nonprofit corporations or municipal sewer systems to which the grant is made. The Governor, with the advice and consent of the Senate, shall appoint an advisory committee composed of six members, one from each congressional district of the State. In addition an employee of the Department of Health and Environmental Control Division of Environmental Control, designated by the commissioner thereof, shall serve ex officio as a member of the committee. The Governor may invite any director or his representative from any agency providing water and sewer funds to serve as an advisory nonvoting member to the committee. Of those initially appointed by the Governor and serving on April 1, 1975, the members representing the third and sixth districts shall serve until June 30, 1977, the members representing the second and fourth districts shall serve until June 30, 1978, and the members representing the first and fifth districts shall serve until June 30, 1979. Thereafter all members shall be appointed for terms of three years. In the event of a vacancy a successor shall be appointed for the unexpired term in the manner of original appointment. The advisory committee shall meet as soon after its appointment as may be practicable and shall organize by electing a chairman, vice-chairman vice chairman, secretary, and such other officers as it may deem desirable. The advisory committee shall select the projects to be funded in accordance with Section 6-19-40. Funds may also be expended from gifts or grants from any source which are made available for the purpose of carrying out the provisions of this chapter. Appropriations made to the fund but not expended at the end of the fiscal year for which appropriated shall not revert to the general fund but shall accrue to the credit of the fund. Grants shall be made only for water supply and waste water facilities projects on which construction was not commenced before April 1, l974."
SECTION 11. Section 6-19-40 of the 1976 Code is amended to read:
"Section 6-19-40. (a) Application for a grant hereunder may be made to the advisory committee and accompanied by an application to the primary financial source and processed by the Department of Health and Environmental Control Division of Environmental Control. The Department of Health and Environmental Control Division of Environmental Control, on approval of the advisory committee, shall make the necessary rules and regulations for the consideration and processing of all State grant requests appropriated under this chapter, which shall generally conform to those used by federal grant and loan agencies, which rules shall be filed in the office of the Secretary of State. The rules shall contain, but shall not be limited to the following criteria:
(1) preliminary engineering costs study;
(2) bonded indebtedness of the district, authority or community;
(3) financial conditions of the district, authority or community;
(4) costs per connection;
(5) economic level in the district, area or community;
(6) ratio of contracted users to potential users which shall not be less than sixty-seven percent;
(7) conformity to overall State, regional, or local plans;
(8) operation and maintenance costs identified and proper replacement costs;
(9) amount of connection charges and minimum user charges; and
(10) sustaining costs of rural water and sewer systems.
(b) No funds shall be dispensed until the applicant furnishes evidence of a commitment from the primary financial source."
SECTION 12. Section 6-21-400 of the 1976 Code is further amended to read:
"Section 6-21-400. Rates charged for services furnished by any system, project or combined system purchased, constructed, improved, enlarged, extended or repaired under the provisions of this chapter shall not be subject to supervision or regulation by any State bureau, board, commission or other like instrumentality or agency of the State and it shall not be necessary for any borrower operating under the provisions of this chapter to obtain any franchise or other permit from any state bureau, board, commission, or other instrumentality of the State in order to construct, improve, enlarge, extend, or repair any system, project or combined system named in this chapter. But the functions, powers, and duties of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall remain unaffected by this chapter."
SECTION 13. RESERVED.
SECTION 14. Article 1, Chapter 7, Title 13 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:
Section 13-7-10. For the purpose of this article, the following words shall have the meaning indicated:
(1) 'By-product material' means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
(2) 'Ionizing radiation' means gamma rays and X-rays, alpha and beta particles, electrons, neutrons, protons, and other atomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(3) 'General license' means a license effective pursuant to regulations promulgated under the provisions of this article without the filing of an application to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, special atomic energy materials, or other radioactive materials occurring naturally or produced artificially.
(4) 'Specific license' means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special atomic energy materials, or other radioactive materials occurring naturally or produced artificially.
(5) 'Atomic energy' means all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations.
(6) 'Source material' means (a) uranium, thorium, or any other material which the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such; or (b) ores containing one or more of the foregoing materials, in such concentration as the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material in such concentration to be source material.
(7) 'Special atomic energy materials' mean (a) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Governor declares by order to be special nuclear materials after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.
(8) 'Emergency' means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency and any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department division arising out of the handling or the transportation of by-product material, source material or special atomic energy materials, as hereinabove defined, and hereinafter referred to as radioactive material, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment.
(9) 'Nonionizing radiation' for the purpose of this section shall mean only ultraviolet radiation used for the purpose of tanning the human body, and shall include ultraviolet radiation with wavelengths in air between two hundred and four hundred nanometers.
(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), 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.
(11) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(12) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control Division of Environmental Control including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
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 13-7-30. For purposes of this article, the State Budget and Control Board, hereinafter in this section referred to as the board, 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 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 may undertake, the board 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'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, 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. Monies in the extended care maintenance funds must be invested by the board 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 Division of 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 13-7-40. (A) The Department of Health and Environmental Control Division of Environmental Control is designated as the agency of the State which is responsible for the control and regulation of radiation sources but, notwithstanding anything in this article, does not have the power to regulate, license, or control nuclear reactors of facilities or operations incident to them in duplication of an activity of the federal government which has not been discontinued by agreement pursuant to Section 13-7-60.
(B) The department division shall employ, compensate, and prescribe the powers and duties of individuals necessary to carry out the provisions of this article as it pertains to the department division. The department division shall establish a technical advisory council to assist it in performing its specialized responsibilities.
(C) There is established a Technical Advisory Radiation Control Council responsible and reporting to the department division which shall advise the department division on matters pertaining to ionizing and nonionizing radiation and standards and regulations to be adopted, modified, promulgated, or repealed by the department division. No standards or regulations may be adopted, modified, promulgated, or repealed by the department division except after consultation with the council. The council consists of six members and one ex officio member from the department division, designated by the department division or its designated agent. The six members of the council must be appointed by the Governor as follows: one member from the South Carolina Medical Association, one member from the South Carolina Dental Association, one member from the South Carolina Radiological Society, one member from the South Carolina Chiropractic Association, one member having recognized knowledge in the field of radiation and its biological effects from the Associated Industries of South Carolina, and one member from the State at large having recognized knowledge in the field of radiation and its biological effects. The terms of office of the members first appointed are as follows: The member from the South Carolina Medical Association must be appointed for one year, the members from the South Carolina Dental Association and the South Carolina Radiological Society must be appointed for two years, and the other three members must be appointed for three years. The successors must be appointed for three years each.
(D) When on business of the council, members are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. The council shall meet at least as frequently as semiannually or at call of the chairman. Minutes of meetings of the council must be included in the minutes of the meeting of the department division next occurring after the preparation of the minutes.
(E) A consulting radiation physicist, certified by the American Board of Radiology, must be available to the Advisory Council at its regular meetings and on request. The consulting physicist must be paid on a per diem basis from budgeted funds.
(F) The department division in connection with the control and regulation of radiation sources, in addition to its other duties as imposed by law shall:
(1) develop and conduct programs for evaluation of hazards associated with the use of radiation sources;
(2) develop and conduct programs for the control, surveillance, and regulation of radiation sources, not inconsistent with those prescribed by the United States Atomic Energy Commission, and with due regard for controls and regulations in effect in other states;
(3) formulate, adopt, promulgate, and repeal regulations relating to the control of ionizing and nonionizing radiation;
(4) issue orders or modifications of them as may be necessary in connection with proceedings under this article;
(5) advise the Governor, the legislature, and relevant state agencies with regard to the status of radiation control and consult and cooperate with the various departments, agencies, and political subdivisions of the State, the federal government, other states, and interstate agencies and with public and private groups concerned with the control of radiation sources and hazards;
(6) accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(7) encourage, participate in, or conduct studies, investigations, training, and demonstrations relating to control of radiation sources;
(8) collect and disseminate information relating to control of radiation sources;
(9) provide by regulation for the licensing or registration of radiation sources or devices or equipment utilizing these sources. These regulations must provide for amendment, suspension, or revocation of licenses;
(10) promulgate and repeal regulations pertaining to the qualifications of operators applying ionizing or nonionizing radiation to humans.
(G) No person may possess, use, or transfer a source of ionizing or nonionizing radiation unless registered, licensed, or exempted by the department division.
(H) The department division may exempt certain radiation sources or kinds of uses or users from the licensing or regulation requirements set forth in this section when the department division makes a finding that the exemption of these radiation sources or kinds of uses or users will not constitute a significant risk to the health of the public.
(I) The department division or its authorized representatives may enter at all reasonable times upon private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this article and regulations promulgated under it. A report of investigation or inspection or information concerning trade secrets or secret industrial processes obtained under this article must not be disclosed or opened to public inspection except as necessary for the performance of the functions of the department division. The department division shall require each person who possesses or uses a radiation source to maintain records relating to its receipt, storage, transfer, or disposal and other records the department division may require, subject to exemptions as may be provided by regulations. Copies of these records must be submitted to the department division on written request. The department division shall require each person who possesses or uses a radiation source to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the regulations of the department division. Copies of these records and those required to be kept must be submitted to the department division on written request.
(J) A person possessing or using a radiation source shall furnish to each employee for whom personnel monitoring is required, or to the employee's physician, a copy of the employee's personal record at times the department division by regulation may prescribe.
(K) Opportunity for public hearing must be provided by the department division or the issuance of a modification of regulations; the granting, suspending, revoking, or amending a license; and determining compliance with or granting exceptions from regulations of the department division. A final order entered in a proceeding is subject to judicial review.
(L) Whenever, in the judgment of the department division, a person has engaged in or is about to engage in acts or practices which constitute a violation of a provision of this article or a regulation or an order issued under it, the department division, or, at the request of the department division, the Attorney General may make application to the court of common pleas for an order enjoining these acts or practices, or for an order directing compliance. Upon a showing by the department division that the person has engaged in or is about to engage in these acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
(M) In an emergency the department division may impound sources of ionizing or nonionizing radiation in the possession of a person who is not equipped to comply with or fails to comply with the provisions of the article or the regulations.
(N) The department division, subject to the approval of the Governor, may enter into agreements with the federal government or other state or interstate agencies for the purpose of performing on a cooperative basis inspections or other functions relating to the control of sources of ionizing or nonionizing radiation. The department division may institute training programs for the purpose of qualifying personnel to carry out the provisions of this article.
(O) Ordinances, resolutions, or regulations in effect now or in the future of the governing body of an agency or political subdivision of the State relating to radiation sources are not superseded by this article if the ordinances or regulations are and continue to be consistent with the provisions of this article, amendments to it, and regulations under it.
(P) No person may apply ionizing or nonionizing radiation to humans unless certified or exempted by the department division.
Section 13-7-45. (A) The South Carolina Department of Health and Environmental Control Division of Environmental Control shall promulgate regulations and establish a schedule for the collection of annual fees for the licensing, registration, and certification of users of the sources of ionizing and nonionizing radiation. The fees collected must be sufficient, in the judgment of the department division, to protect the public health and safety and the environment and to recover the costs incurred by the department division in regulating the use of ionizing and nonionizing radiation and in performing emergency corrective measures intended to protect the public health and safety or the environment pursuant to the provisions of law.
(B) In determining the sufficiency of the fees to be charged and collected, the department division shall consider an arrangement existing between South Carolina and a registrant, a licensee, a certificant, another state, or a federal agency under which costs incurred by the department division in regulating the use of ionizing and nonionizing radiation and in performing emergency corrective measures intended to protect the public health and safety and the environment are recoverable by this State.
(C) A registrant, licensee, or certificant who fails to pay the fees required by regulation of the department division within thirty days after payment is due also shall pay a penalty of fifty dollars. If failure to pay the required fees continues for more than sixty days after payment is due, the registrant, licensee, or certificant must be notified by the department division by certified mail to be sent to his last known address that his registration, license, or certificate is revoked and that activities permitted under the authority of the registration, license, or certificate must end immediately. The registration, license, or certificate may be reinstated by the department upon payment of the required fees, the penalty of fifty dollars, and an additional penalty of one hundred dollars if the registrant, licensee, or certificant is otherwise in good standing, in the judgment of the department, and presents to the department a satisfactory explanation for his failure to pay the required fees.
Section 13-7-50. Whenever the Department division finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health and safety the Department division may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any other provision of law, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but on application to the Department division shall be afforded a hearing within thirty days. On the basis of such hearing, the emergency order shall be continued, modified or revoked within thirty days after such hearing.
Section 13-7-60. (a) The Governor, on behalf of the State, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's activities with respect to radiation sources and the assumption thereof by the State toward the end of instituting and maintaining a regulatory program compatible with the standards and regulatory programs of the federal government and consonant insofar as possible with those of other states.
(b) Any person who on the effective date of an agreement under subsection (a) of this section possesses a license issued by the federal government authorizing activities, the regulation of which is assumed by the State under such agreement, shall be deemed to possess a license issued under this article, which shall expire either ninety days after receipt from the Department of Health and Environmental Control Division of Environmental Control of a notice of expiration of such license, or upon the date of expiration specified in the federal license; whichever is earlier.
Section 13-7-70. (1) The South Carolina Department of Health and Environmental Control Division of Environmental Control (the Department division) shall adopt rules and regulations governing the transportation of radioactive materials in South Carolina which, in the judgment of the Department division, shall protect the public health and safety and protect the environment. Such rules and regulations shall include, but not be limited to, provisions for the use of signs designating radioactive material cargo; for the packing, marking, loading and handling of radioactive materials and the precautions necessary to determine whether the material which is offered for transport is in proper condition. Nothing in this section shall be deemed applicable to the transportation of radioactive waste which is regulated by Article 2 of this chapter.
(2) Such rules and regulations shall not include the carrier vehicle or its equipment, the licensing of packages, nor shall they apply to the handling or transportation of radioactive material within the confines of a facility licensed or owned by a Federal agency.
(3) Such rules and regulations, to the extent adopted, shall be identical in wording with those established by the United States Atomic Energy Commission, the United States Federal Aviation Agency, the United States Department of Transportation, the United States Coast Guard or the United States Post Office (or any federal agency which is a successor to any of the foregoing agencies), as such federal rules and regulations may be amended from time to time.
(4) The appropriate state agency shall enter into agreements with the respective federal agencies designed to avoid duplication of effort or conflict in enforcement and inspection activities so that:
(a) Rules and regulations adopted by the Department division pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the Department, the Department of Public Safety, and the Department of Transportation, and the Public Service Commission, according to mutual understandings between such bodies of their respective responsibilities and authority.
(b) The Department division, through any authorized representative, may inspect records of persons engaged in the transportation of radioactive materials, during the hours of business operation where such records reasonably relate to the method or contents of packing, marking, loading, handling of radioactive materials in transport within the State.
(c) The Department division, through any authorized representative, may enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials during hours of business operation, with or without a warrant, for the purpose of determining compliance with the provisions of this article and the rules and regulations thereunder.
(d) Upon finding by the Department division that any provision of this section or the rules and regulations hereunder are being violated, or that any practice in the transportation of radioactive materials constitutes a clear and imminent danger to the public health and safety, it may issue an order requiring correction.
Section 13-7-80. Any person who shall violate, whether negligently or otherwise, any rule or regulation promulgated pursuant to this article shall be deemed guilty of a misdemeanor and upon conviction may be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for a term of not more than one year, or by both such fine and imprisonment, for each separate violation. Each day upon which such violation occurs shall constitute a separate offense.
Section 13-7-85. A. The Department division is authorized to hold public hearings, compel attendance of witnesses, make findings of fact and determinations and to assess civil penalties. The Department division by rule or regulation shall fix a schedule of reasonable fines and civil penalties relating to violations of the provisions of this article or any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, or final determination of the Department division and any person violating any of the provisions of this article, or any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, or final determination of the Department division shall be subject to the schedule of fines and civil penalties; provided, that the maximum penalty for any violation shall not exceed twenty-five thousand dollars.
Provided, that the provisions of Chapter 23 of Title 1 notwithstanding, the Department division shall issue an interim schedule of reasonable fines and civil penalties which shall remain in force and effect until such time as the Department division issues final rules and regulations pursuant to the provisions of Chapter 23 of Title 1.
Each day of noncompliance with any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, as final determination of the Department division shall constitute a separate violation.
B. In assessing a fine or penalty, or suspending or revoking a permit, the Department division shall consider, but not be limited to, the following factors:
1. the degree of harm to the public health or safety which has resulted or might result from such violations;
2. the degree of exceedence of a radiation level as set forth in applicable law and regulation;
3. the duration of the violation;
4. any prior violations of statutes, rules, orders, regulations, license or license condition, permit or permit condition.
C. Any person to whom an order issued under this article is directed, shall comply therewith immediately, but on application to the Department division, within twenty days after the date of the order, shall be afforded a hearing within thirty days of such application. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, except that where the provisions of this article are in conflict with the provisions of Chapter 23 of Title 1, this article shall control.
D. The monies obtained from the levying of fines, penalties or fees under this article shall accrue to the general fund of the State.
Section 13-7-90. Any person who is practicing as an operator of sources of ionizing radiation on May 26, 1986, is exempt from the certification requirements promulgated by the Department of Health and Environmental Control Division of Environmental Control provided that such person applies for certification as an operator within sixty days of May 26, 1986.
Section 13-7-100. This article does not apply to any employee of a licensed hospital in this State when performing services commonly within the definition of radiologic technology as long as the services are performed within the course and scope of his employment as an employee of the hospital. No regular employee of a licensed hospital in this State is required to be licensed as a condition of employment by or for performance of these services as long as he does not represent himself as a radiological technician."
SECTION 15. Article 2, Chapter 7, Title 13 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
Section 13-7-110. This article shall be cited as the South Carolina Radioactive Waste Transportation and Disposal Act.
Section 13-7-120. A. 'Carrier' means any person transporting radioactive wastes into or within the State for storage, disposal or delivery.
B. 'Department' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources including personnel authorized to act on behalf of the Department division.
C. 'Disposal facility' means any facility located within the State which accepts radioactive waste for storage or disposal.
D. 'Emergency' means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency and any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department division arising out of the handling or the transportation of radioactive waste, as hereinabove defined, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment.
E. 'Generation' means the act or process of producing radioactive wastes.
F. 'Manifest' means the document used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility.
G. 'Operator' means every person who drives or is in actual physical control of a vehicle transporting radioactive waste.
H. 'Permit' means an authorization issued by the Department division to any person to transport such radioactive wastes or offer such waste for transport.
I. 'Person' means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership, or any other entity whatsoever.
J. 'Radioactive waste' means any and all equipment or materials which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations, or licenses to be disposed of or stored as radioactive waste. Such waste may also be defined as:
(1) 'High-level waste' means either irradiated nuclear reactor fuel or the portion of the material generated in the reprocessing of such irradiated fuel that contains virtually all of the fission products and most of the actinides not separated out during reprocessing.
(2) 'Transuranic waste' means waste containing more than ten nanocuries of transuranic activity per gram of material.
(3) 'Low-level radioactive waste' means all radioactive waste which contains less than ten nanocuries of transuranic activity per gram or which is free of any transuranic contaminants; provided, however, that as this subitem does not define 'low-level radioactive waste' by its isotope and curie content except as to transuranic waste and does not define 'low-level radioactive waste' as to its danger to the public, the South Carolina Department of Health and Environmental Control Division of Environmental Control is directed to contact the United States Nuclear Regulatory Commission, the United States Department of Energy and the National Academy of Science and seek their assistance in defining the term 'low-level radioactive waste' as to its isotope and curie strength and as to its potential danger to the general public, and the Department of Health and Environmental Control division shall further make a public report as to its findings by September 15, 1981, and shall make recommendations to the General Assembly no later than February 15, 1982, as to its suggestions for changes in the definition of the term 'low-level radioactive waste.'
K. 'Shipper' means any person, whether a resident of South Carolina or a nonresident (1) who transports radioactive waste generated by him into or within the State; (2) who transports radioactive waste generated by another person into or within the State; or (3) who transfers radioactive waste to a carrier for transportation into or within the State; or (4) who transfers radioactive waste to another person if such wastes are transported into or within the State. Nothing contained herein shall relieve a person whose activities result in the generation of radioactive waste from primary responsibility under Section 13-7-140 unless provided by regulation of the Department division.
L. 'Transport' means the movement of radioactive wastes into or within South Carolina.
Section 13-7-130. This article applies to any shipper, carrier, or other person who transports radioactive waste into or within this State, to any person involved in the generation of radioactive waste within this State, and to any shipper whose radioactive waste is transported into or within the State or is delivered, stored or disposed of within this State.
Section 13-7-140. A. Before any radioactive wastes may be transported into or within the State, the shipper shall:
1. Deposit and maintain with the Department division a cash or corporate surety bond satisfactory to the Department division in form and amount or provide evidence of liability insurance sufficient to protect the State and the public at large from possible radiological injury or damage to any person or property due to packaging, transportation, disposal, storage, or delivery of radioactive wastes.
In establishing the amount of such bond or insurance, the Department division shall consider all relevant factors including the nature and quantity of radioactive waste involved; provided, that any insurance carried pursuant to Section 2210 of Title 42 of the United States Code and Part 140 of Title 10 of the Code of Federal Regulations shall be sufficient to meet the requirements of this section.
2. Comply fully with all applicable laws and administrative rules and regulations, both state and federal, and disposal facility license requirements, regarding the packaging, transportation, storage, disposal and delivery of such wastes.
3. Certify to the Department division that it will hold the State of South Carolina harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the State including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the State's sovereign immunity. In the event a government shipper is prohibited by law from directly entering into a hold harmless agreement, the Department division may accept a surety bond satisfactory to the Department division in form and amount which will indemnify the State upon terms and conditions which correspond to the requirements of this section.
4. Provide to the Department division for each separate shipment of such wastes a shipping manifest which shall be signed by an authorized agent or officer of the responsible person as defined herein.
5. Provide to the Department division for each separate shipment of such wastes a certification, in form satisfactory to the Department division, which shall certify that the foregoing requirements have been complied with, and which may include other certifications which the Department division may find necessary to accomplish and enforce its responsibilities.
6. Provide such other information as the Department division may deem necessary for the protection of the health and safety of the public and the environment.
7. Purchase a permit authorizing the transport of radioactive wastes into or within the State.
B. The Department division shall issue such permit to any shipper who shall certify that he will comply with provisions 1 through 6 of subsection A and that such permit shall not, in itself, be construed as authorizing a shipper to dispose of radioactive waste within the State. No additional permit shall be issued to any shipper whose permit is under suspension or revocation.
C. No permit shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any permit to any person, unless the Department division shall, after securing full information, find the transfer is in accordance with the provisions of this article and shall give consent in writing.
D. When radiological waste transportation fees are no longer collected pursuant to this section, the budget of the Department division must be reduced by an amount equal to the appropriation to the Department division for monitoring radiological waste transportation.
Section 13-7-145. A. Any shipper who is not a resident of South Carolina and who is not registered with the Secretary of State for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the shipper and the shipper's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such shipper outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
B. Any carrier who is not a resident of South Carolina and who is not registered with the Secretary of State for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the carrier and the carrier's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such carrier outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
Section 13-7-150. A. After acceptance of and departure with a shipment of radioactive waste, a carrier shall immediately notify the Department division of any variance, occurring after departure, from the shipper's notification of primary route and estimated date of arrival as provided in Section 13-7-160 (A) and (B).
B. The carrier shall provide to the Department division a certification in form satisfactory to the Department division, which shall accompany each shipment of waste materials shipped into or within the state, stating:
(1) That the shipment is properly placarded for transport and that all shipping papers required by law and administrative rules and regulations have been properly executed.
(2) That the transport vehicle has been inspected and meets the applicable requirements of the federal government and the State of South Carolina, and that all safety and operational components are in good and operative condition.
(3) That the carrier has received a copy of the shipper certification of compliance and the shipping manifest as set forth in Section 13-7-140.
(4) That the carrier shall comply fully with all applicable laws and administrative rules and regulations, both state and federal, regarding the transportation of such wastes.
C. Any shipment of such wastes to a disposal facility located within this State must be accompanied by the certification required in paragraph B above.
D. Each carrier shall provide, as deemed necessary by the Department division, evidence of successful completion by its operators of operator training requirements as may be prescribed by the United States Department of Transportation for all operators transporting radioactive waste into or within this State.
Section 13-7-160. A. The Department division shall issue interim regulations as needed for the implementation of this article immediately upon the effective date of this article, the provisions of Chapter 23 of Title 1 notwithstanding; provided, that the regulations at a minimum shall require that the shipper state the estimated date of arrival at the disposal facility, identify the primary route within the State, give at least seventy-two hours written notice to the Department division prior to any transportation of radioactive waste into or within this State, and establish a schedule of fees for permits, which fees shall be assessed annually.
B. Final regulations shall be promulgated by the Department division within one hundred twenty days from the effective date of the article and shall be subject to the procedures set forth in Chapter 23 of Title 1 provided that the regulations at a minimum shall include, but not be limited to, provisions for the use of signs designating radioactive material cargo; for the packing, marking, loading and handling of radioactive materials and the precautions necessary to determine whether the material which is offered for transport is in proper condition, requiring the shippers to state the estimated date of arrival at the disposal facility, to identify the primary route within the State to give at least seventy-two hours written notice to the Department division prior to any transportation of radioactive waste into or within this State, and establishing a schedule of fees for permits, which fees shall be assessed annually.
In preparing its regulations, the Department of Health and Environmental Control Division of Environmental Control is authorized to distinguish as to the radioactive isotope and its curie strength so as to protect the general public.
C. Rules and regulations adopted by the department division pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the department, the Department of Public Safety and the Public Service Commission, according to mutual understandings between such bodies of their respective responsibilities and authority.
D. The Department division, in its discretion, may for any shipment allow a notification period shorter than the seventy-two hours required in paragraphs A and B of this section, if the Department division determines that such notification is satisfactory to carry out the purposes of this article. In exercising its discretion, the Department division shall consider all relevant factors including the nature and quantity of the radioactive waste involved.
E. The Department division may exempt certain shipments of seventy-five cubic feet or less of radioactive waste from the advance notice provisions of this section dependent on the radioactive isotopes and curie strength in the shipment. If such is done the shipper must provide, nevertheless, the required certification pursuant to Section 13-7-140 (A)(5).
Section 13-7-170. A. Owners and operators of disposal facilities shall permanently record, and report to the Department division within twenty-four hours after discovery, any and all conditions in violation of the requirements of this article discovered as a result of inspections required by any license under which the facility is operated.
B. No owner or operator of a disposal facility located within this State shall accept radioactive waste for disposal unless the shipper of such waste has a valid permit issued pursuant to Section 13-7-140(A) of this article.
Section 13-7-180. A. Notwithstanding any other provision of law, any person violating the provisions of this article, except as provided below for radiological violations, shall be assessed a civil penalty of up to one thousand dollars for each such violation; provided, that should the Department division determine that a series of such violations has occurred the Department division shall suspend or revoke such person's permit for any time period determined to be proper, such period to be in the discretion of the Department division but in any event not to exceed twelve months.
In the case of a radiological violation, defined as any radiation level in excess of limits set forth in all applicable laws, rules and regulations, any shipper or carrier shall be assessed a civil penalty of not less than one thousand nor more than five thousand dollars, in the discretion of the Department division, and such person, if a shipper, shall lose his permit for not less than thirty days and until such further time as the shipper demonstrates to the Department's division's satisfaction that adequate measures have been taken to insure that such violations will not reoccur.
If a second radiological violation occurs within a period of twelve months the shipper or carrier shall be assessed a civil penalty of not less than five thousand nor more than twenty-five thousand dollars, in the discretion of the Department division, and such person if a shipper shall have its permit revoked for a period in the discretion of the Department division of up to one year and until such further time as the shipper has shown to the Department's division's satisfaction that adequate measures have been taken to insure that such violations will not reoccur.
B. Any person to whom an order issued under this article is directed shall comply therewith immediately, but on application to the Department division, within twenty days after the date of the order, shall be afforded a hearing within thirty days of such application. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, except that where the provisions of this article are in conflict with the provisions of Chapter 23 of Title 1, this article shall control.
C. Any fines or penalties set forth in this article are in addition to any others provided by statutes, rules or regulations.
D. In assessing a fine, penalty, or suspending or revoking a permit, the Department division shall consider but not be limited to the following factors:
1. the degree of harm to the public health or safety which has resulted or might result from such violations;
2. the degree of exceedence of a radiation level as set forth in applicable law and regulation;
3. the duration of the violation; and
4. the prior record of the violator with regard to law and regulation governing the transportation of radioactive waste.
Section 13-7-190. A. The monies obtained from the levying of fines, penalties or fees under this article shall accrue to the general fund of the State.
B. The funds received from the purchase of permits shall be sufficient to administer and enforce the permitting provisions of this article.
Section 13-7-200. Whenever the Department division finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health, and safety the Department division may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any other provision of law, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but on application to the Department division shall be afforded a hearing within thirty days. On the basis of such hearing, the emergency order shall be continued, modified or revoked within thirty days after such hearing.
SECTION 16. Section 40-23-20(c)(ii) and (iii) of the 1976 Code, as last amended by Act 185 of 2002, is further amended to read:
"(ii) the Department of Health and Environmental Control Division of Environmental Control determines that alternative water sources to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking or cooking; or
(iii) the Department of Health and Environmental Control Division of Environmental Control determines the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level or protection provided by the applicable State Primary Drinking Water Regulations."
SECTION 17. Section 40-23-110(15) of the 1976 Code, as last amended by Act 185 of 2002, is further amended to read:
"(15) has failed to timely abate or remediate deficient or substandard work after receiving notice of deficient or substandard work from regulating authorities including, but not limited to, the board, the department, or the Department of Health and Environmental Control Division of Environmental Control;"
SECTION 18. Section 40-23-280(C) of the 1976 Code, as last amended by Act 185 of 2002, is further amended to read:
"(C) After a hearing the board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney's fees or consequential or punitive damages. Claims may also be initiated upon the bond by the Department of Health and Environmental Control Division of Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency's procedures, to be the responsibility of a licensee."
SECTION 19. Section 40-23-305 of the 1976 Code, as last amended by Act 185 of 2002, is further amended to read:
"Section 40-23-305. A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined by the treatment group of the public wastewater treatment plant where the operator is employed, as established by the Department of Health and Environmental Control Division of Environmental Control pursuant to Section 48-1-110. The board shall establish in regulations the certification class required for each treatment group of public wastewater treatment plants defined in Section 40-23-20."
SECTION 20. Section 40-23-310(A) of the 1976 Code, as last amended by Act 185 of 2002, is further amended to read:
"(A) A person employed as an operator of a public water distribution system facility must hold a water distribution system operator license issued by the board in the certification class as required by this section. The required certification class must be determined based upon the distribution group of the public water distribution system facility where the operator is employed, as established by the Department of Health and Environmental Control Division of Environmental Control pursuant to Section 44-55-40(L). The certification class required for each distribution group is as follows:
(1) Group I distribution facilities do not require a certified operator.
(2) Group II distribution facilities require operators with at least a Class 'D' certification.
(3) Group III distribution facilities require operators with at least a Class 'C' certification.
(4) Group IV distribution facilities require operators with at least a Class 'B' certification.
(5) Group V distribution facilities require operators with at least a Class 'A' certification."
SECTION 21. Section 40-23-400(A) of the 19976 Code, as last amended by Act 302 of 2002, is further amended to read:
"(A) A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the board in the certification class required by this section. The required certification class must be determined based upon the treatment group of the public water system treatment facility where the operator is employed, as established by the Department of Health and Environmental Control Division of Environmental Control pursuant to Section 44-55-40(K). The certification class required for each treatment group is as follows:
(1) Group I treatment facilities require operators with at least a Class 'E' certification.
(2) Group II treatment facilities require operators with at least a Class 'D' certification.
(3) Group III treatment facilities require operators with at least a Class 'C' certification.
(4) Group IV treatment facilities require operators with at least a Class 'C' certification.
(5) Group V treatment facilities require operators with at least a Class 'B' certification.
(6) Group VI treatment facilities require operators with at least a Class 'A' certification."
SECTION 22. Sections 44-1-20 through 44-1-280 of the 1976 Code are designated as Article 1.
SECTION 23. Chapter 1, Title 44 of the 1976 Code is amended by adding:
Section 44-1-300. There is created the South Carolina Board of the Department of Environment and Natural Resources. The board shall consist of seven members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, race, gender, and other demographic factors should be considered to 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.
Section 44-1-310. The board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.
Section 44-1-320. (A) The board may conduct hearings as 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. Appeals must be conducted pursuant to the provisions of Chapters 20 and 30 of Title 48.
(B) The board has all of the environmental regulatory responsibilities and duties of the former Board of the Department of Health and Environmental Control as provided in Section 1-30-45(C)(2).
Section 44-1-330. All regulations promulgated by the board are null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
Section 44-1-340. Unless otherwise provided for by law, the Division of Environmental Control, the Department of Environment and Natural Resources may promulgate and enforce reasonable regulations including, but not limited to, providing for the:
(1) classification of waters and for the safety and sanitation in the harvesting, storing, processing, handling and transportation of mollusks, fin fish and crustaceans;
(2) safety, safe operation, and sanitation of public swimming pools and other public bathing places, construction, tourist and trailer camps and fairs;
(3) control of industrial plants, including the protection of workers from fumes, gases and dust, whether obnoxious or toxic;
(4) water in air humidifiers;
(5) regulation of the methods of disposition of garbage or sewage and any like refuse matter in or near any village, town or city of the State, incorporated or unincorporated, and to abate obnoxious and offensive odors caused or produced by septic tank toilets by prosecution, injunction or otherwise;
(6) alteration of safety glazing material standards and the defining of additional structural locations as hazardous areas, and for notice and hearing procedures by which to effect these changes."
SECTION 24. Chapter 1, Title 44 of the 1976 Code is amended to read:
Section 44-2-10. This chapter is known and may be cited as the State Underground Petroleum Environmental Response Bank Act of 1988.
Section 44-2-20. When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise:
(1) 'Affiliate' means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interest among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or exclusion of a person, under applicable regulation, where the person has the same or similar management, ownership, or principal employees as the suspended, debarred, or excluded person.
(2) 'Bodily injury' means actual medically documented costs and medically documentable future costs of adverse health effects that have resulted from exposure to a release of petroleum or petroleum products from an underground storage tank. Bodily injury does not mean pain and suffering.
(3) 'Committed funds' means that portion of the Superb Account reserved as a result of action by the Department division of Health and Environmental Control to approve costs for planned site rehabilitation activities.
(4) 'Compensation' means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the Department division and in accordance with regulations promulgated pursuant to this chapter and criteria established by the Department division as authorized by this chapter. All compensation is considered committed funds.
(5) 'Department division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(6) 'Familial relationship' means a connection or association by family or relatives, in which a family member or relative has a material interest. Family or relatives include father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, or fiancée.
(7) 'Financial relationship' means a connection or association through a material interest or sources of income which exceed five percent of annual gross income from a business entity.
(8) 'Fund' means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created.
(9) 'Occurrence' means an accident, including continuous or repeated exposure to conditions which results in a release from an underground storage tank.
(10) 'Operator' means any person in control of, or having responsibility for the daily operation of an underground storage tank.
(11) 'Orphan site' means a site where there has been a release from an underground storage tank but responsible party issues have not been resolved, and site rehabilitation has not been undertaken.
(12) 'Owner' means:
(a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;
(b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or
(c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership.
(13) 'Person' means any individual, partner, corporation organized or united for a business purpose, or a governmental agency.
(14) 'Petroleum' and 'petroleum product' means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any such liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel. The terms 'petroleum' and 'petroleum product' do not include any:
(a) hazardous substance as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);
(b) substance, other than used oils, regulated as a hazardous waste under Subtitle C of Title II of the Federal Resource Conservation and Recovery Act of 1976 (RCRA); or
(c) mixture of petroleum or a petroleum product containing any such hazardous substance or hazardous waste in greater than de minimis quantities.
(15) 'Property damage' means a documented adverse physical impact to structures or property as a result of a release of petroleum or petroleum products from an underground storage tank. The total damage is limited to the difference between the original fair market value of the property or structure and the residual value or the depreciated replacement cost of the property or structure, whichever is less. The documented presence of petroleum or petroleum products at levels not posing an unacceptable risk to human health or environment shall not be grounds for a claim or suit.
(16) 'Punitive damages' means damages awarded by a court to an injured party to punish the defendant for a serious wrong. This award only is in addition to actual damages awarded for bodily injury or property damage.
(17) 'Regulated substance' means:
(a) a substance defined in Section 101(14) of CERCLA, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA; and
(b) petroleum and petroleum products. The term 'regulated substance' includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
(18) 'Related interest' means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other.
(19) 'Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into subsurface soils, groundwater, or surface water.
(20) 'Site rehabilitation' means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water.
(21) 'Site rehabilitation contractor' means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation.
(22) 'Substantial compliance' means that an underground storage tank owner or operator has demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in facilitating their early detection, and in mitigating their impact on public health and the environment.
(23) 'Third party claim' means a civil action brought or asserted by an injured party against an owner or operator of an underground storage tank for bodily injury or property damages resulting from a release of petroleum or petroleum products from an underground storage tank. The underground storage tank owner or operator, the owner of the property where the underground storage tank is located, a person to whom properties are transferred in anticipation of damage due to a release, employees or agents of an owner or operator, or employees or agents of the property owner must not be considered a third party.
(24) 'Underground storage tank' means any one or combination of tanks, including underground pipes connected to it, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. The term does not include any:
(a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) tank used for storing heating oil for consumptive use on the premises where stored;
(c) septic tank;
(d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968 or the Federal Hazardous Liquid Pipeline Safety Act of 1979, or any pipeline facility regulated under state laws comparable to the provisions of these federal provisions of law;
(e) surface impoundment, pit, pond or lagoon;
(f) storm water or wastewater collection system;
(g) flow-through process tank;
(h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;
(i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor;
(j) hydraulic lift reservoirs, such as for automobile hoists and elevators, containing hydraulic oil; or
(k) any pipes connected to any tank which is described in subitems (a) through (j).
Section 44-2-40. (A) There is created within the state treasury two separate and distinct accounts which are to be administered by the Department of Health and Environmental Control division. The 'Superb Account' and the 'Superb Financial Responsibility Fund' are created to assist owners and operators of underground storage tanks containing petroleum and petroleum products to the extent provided for in this chapter but not to relieve the owner or operator of any liability that cannot be satisfied by the provisions of this chapter.
The Superb Account must be used for payment of usual, customary, and reasonable costs for site rehabilitation of releases from underground storage tanks containing petroleum or petroleum products.
The Superb Financial Responsibility Fund must be used for compensating third parties for actual costs for bodily injury and property damage caused by accidental releases from underground storage tanks containing petroleum or petroleum products. The Superb Financial Responsibility Fund must not be used for reimbursing claims for punitive damages.
Except for releases reported before July 1, 1994, sites where the underground storage tank, at the time of discovery and reporting of the release to the Department division, is not in substantial compliance with regulations promulgated pursuant to Section 44-2-50(A), are not eligible for compensation from the Superb Account, and no third party claims resulting from that release may be paid from the Superb Financial Responsibility Fund.
(B) The Superb Account is established to ensure the availability of funds for the rehabilitation of releases at sites contaminated with petroleum or petroleum products released from an underground storage tank and for administration of the underground storage tank regulatory program established in this chapter. The Department division shall use the fund to pay the usual, customary, and reasonable costs of site rehabilitation up to a maximum of one million dollars per occurrence as a result of a release from an underground storage tank containing petroleum or petroleum products for releases that were reported to the Department division before July 1, 1993, and in excess of twenty-five thousand dollars and up to a maximum of one million dollars per occurrence for site rehabilitation for releases reported to the Department division on or after July 1, 1993. The Department division shall use the fund to pay these costs of site rehabilitation by owners or operators who qualify for compensation. The Department division may use the fund to clean up a release at a site where the underground storage tank owner or operator does not qualify for compensation or a site which does qualify but the owner or operator is unwilling or unable to undertake site rehabilitation, and the Department division shall diligently pursue the recovery of any sum so incurred from the owner or operator responsible or from the United States government under any applicable federal law, unless the Department division finds the amount involved too small or the likelihood of success too uncertain. The fund must be further used for the payment of costs incurred by the Department division in providing field and laboratory services and other assistance by the Department division in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant. Funds in the Superb Account also may not be used to pay any liability claims against the owners or operators of underground storage tanks. The Superb Account must be credited with all fees, charges, commitments, and judgments allowable under this chapter. Charges against the Superb Account only may be made in accordance with the provisions of this chapter. Beginning November 1, 1994, the Department division shall transfer on a monthly basis one hundred thousand dollars of the funds generated by the environmental impact fee from the Superb Account to the Superb Financial Responsibility Fund until the balance of the Superb Financial Responsibility Fund reaches two million dollars. Subsequently, monthly transfers of one hundred thousand dollars from the Superb Account to the Superb Financial Responsibility Fund shall only occur when the balance of the Superb Financial Responsibility Fund becomes less than one million dollars, and the monthly transfers shall continue until the balance of the Superb Financial Responsibility Fund reaches two million dollars. Committed funds for site rehabilitation activity revert to uncommitted status after four months of initiation of commitment if no invoices for that commitment have been received by the Department division.
(C) The Superb Financial Responsibility Fund must be used to reimburse owners or operators who compensate third parties or compensate third parties directly, only for bodily injury and property damages caused by releases from underground storage tanks containing petroleum or petroleum products, exclusive of any legal costs of the parties, and only when there are judgments, settlements, alternative dispute resolution outcomes, or consent orders for damages for bodily injury or property damage, or both, that are approved by a court of competent jurisdiction within the State of South Carolina. To seek payment from the Superb Financial Responsibility Fund, the owner or operator must notify the Department division in writing by registered mail within sixty days of receipt of the third party claim or suit and must defend in good faith against the claim or suit. At its discretion, the Department division may intervene in the claim or suit to protect the Superb Financial Responsibility Fund. Intervention includes, but is not limited to, defending the claim, approving the claim, or participating in the settlement of the claim.
The costs of claim or suit intervention by the Department division must be recoverable from the Superb Financial Responsibility Fund. These intervention costs must not affect the per occurrence assurance amounts provided by the Superb Account or the Superb Financial Responsibility Fund.
The Superb Financial Responsibility Fund is not liable for any claims where no owner or operator exists.
The amount of money in the Superb Financial Responsibility Fund, the method of collection, or information regarding the administration of the fund is not admissible as evidence in a trial for damages potentially payable by the Superb Financial Responsibility Fund.
(D) The Superb Account and the Superb Financial Responsibility Fund shall provide combined coverage for site rehabilitation and third party claims, respectively, not to exceed one million dollars per occurrence. The estimated cost of site rehabilitation must be reserved from the combined coverage before payment of third party claims.
The underground storage tank owner or operator must be responsible for the first twenty-five thousand dollars per occurrence for releases of petroleum and petroleum products from underground storage tanks reported to the Department division subsequent to July 1, 1993.
Nothing in this chapter establishes or creates any liability or responsibility on the part of the Department division or the State as administrators of the Superb Account and the Superb Financial Responsibility Fund to pay any costs for site rehabilitation or third party claims from any source other than the Superb Account and the Superb Financial Responsibility Fund created by this chapter, and the Department division and the State as administrators of the Superb Account and the Superb Financial Responsibility Fund have no liability or responsibility to make payments for cleanup costs or third party claims if the funds are insufficient. If the funds are insufficient to make the payments at the time the claim is filed, these claims must be paid in the order of filing at such time as monies accrue in each account, respectively.
The one hundred dollar underground storage tank registration and annual renewal fee may be used by the Department division for the administration of the underground storage tank program established by this chapter and its activities as trustees of the Superb Account and the Superb Financial Responsibility Fund, exclusive of legal costs outlined in subsection (C).
Section 44-2-50. (A) The Department division shall promulgate regulations relating to permitting, release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The Department division in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section must include the following requirements for underground storage tanks:
(1) requirements for submitting a permit application and obtaining permits before the installation and operation of an underground storage tank;
(2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;
(4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;
(5) requirements for taking corrective action in response to a release from an underground storage tank. The requirements mandated by this item, other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, do not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing; and
(6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment.
(B) The Department division shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided in Section 44-2-110, the Department division thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the Department division finds the amount involved too small or the likelihood of success too uncertain. The Department division shall provide the forms necessary for an application for compensation of site rehabilitation costs to the Superb Account and for compensation of rehabilitation costs from the Superb Account. By March 10, 1996, the Department division shall submit to the General Assembly regulations addressing the following:
(1) General procedures that response action contractors must follow during site rehabilitation.
(2) General requirements that identify allowable costs for site rehabilitation activities, procedures for payment, provisions for auditing of claims paid, provisions for recovery of costs for ineligible or inappropriate activities, and procedures for addressing related disputes.
(3) Prioritizing expenditures from the Superb fund for site rehabilitation activities. This system for prioritizing releases must be based on available technical information and shall consider the potential risk to human health and the environment. Releases at sites that present an imminent threat to human health and the environment shall receive first priority for receiving Superb funds to eliminate the imminent threat. All other releases at sites must be prioritized based on the available technical information so that the appropriate level of assessment is performed at the site. The assessment should adequately define the extent and severity of contamination at each site so that a determination of appropriate actions can be made. A proper assessment includes, but is not limited to, the following:
(a) site specific geology;
(b) distance to drinking water sources or Wellhead Protection Areas;
(c) concentrations in soil and ground water;
(d) depth to ground water; and
(e) potential for an emergency situation, including fire or explosion hazard.
(4) Develop a system to determine the appropriate actions for releases at sites based on the results of the assessment. This system also shall determine standards in the soil and ground water. The standards must be based on the potential risk to human health and the environment and take into account the current and reasonably potential use of the ground water as drinking water. The standards shall provide that no additional site rehabilitation is required if site-specific concentrations in soil and ground water are below applicable standards.
(5) Procedures for determining site-specific corrective actions. If contaminant concentrations are above the standards set forth pursuant to item (4), a site-specific evaluation must be conducted utilizing site-specific risk assessment. The procedures to determine acceptable levels of risk must include, but not be limited to, the following:
(a) identification and elimination of sources of soil and ground water contamination;
(b) identification of transport mechanisms and exposure pathways;
(c) evaluation of exposure scenarios and potential receptors;
(d) consideration of land use and surrounding land use;
(e) evaluation of other appropriate scientific data;
(f) use of appropriate statistical procedures and modeling protocols;
(g) evaluation of the use of institutional and engineering controls; and
(h) consideration of technological limitations.
The regulations shall further provide that determination of completion of site rehabilitation must be based on achievement of corrective action standards.
(6) Procedures for coordinating all permits necessary to implement a corrective action plan.
(7) An appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(A).
(C) For purposes of enforcing this chapter and any regulations promulgated pursuant thereto, any representative or employee of the Department division is authorized:
(1) to enter at reasonable times any establishment or other place where an underground storage tank is located;
(2) to inspect and obtain samples of any regulated substance contained in the tank; and
(3) to copy any records, reports, information, or test results relating to the purpose of this chapter.
Section 44-2-60. (A) The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the Department division. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the Department division an initial registration fee of one hundred dollars a tank; however, the Department division may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the Department division an annual renewal fee of one hundred dollars a tank a year. No person may place a regulated substance and no owner or operator may cause a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The Department division may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The Department division may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 44-2-140.
All fees are due to the Department division within thirty days of billing. The Department division shall issue a late notice, with no penalty due, to an underground storage tank owner or operator who has unpaid fees thirty days after billing. An owner or operator who fails to pay the fees within sixty days of the initial billing must pay a ten percent penalty in addition to the ten percent penalty for any fees remaining unpaid ninety days after the initial billing. An owner or operator with unpaid fees ninety days after the initial billing is subject to additional enforcement action as provided for in Section 44-2-140.
The Department division may not disburse Superb Account or Superb Financial Fund monies to any person or persons for the rehabilitation of a petroleum or petroleum product release from any underground storage tank or underground storage tank system where all past and present fees and penalties owed on the applicable tank have not been paid.
The funds generated by the registration and late penalty fees may be used by the Department division for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year.
(B) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to Section 39-41-120, an environmental impact fee of one-half cent a gallon is imposed which must be used by the Department division for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected except that the monies generated from these environmental impact fees must be transmitted by the Department of Agriculture to the Department of Health and Environmental Control division which shall deposit the fees as provided for in Section 44-2-40.
Section 44-2-70. (A) At the time the federal government mandates financial responsibility for underground storage tank owners or operators, the owner or operator of an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the lesser amount of that required by the federal government or in the amount of twenty-five thousand dollars for site rehabilitation and for compensating third parties for property damage and bodily injury arising from the operation of petroleum underground storage tanks per occurrence with an annual aggregate of twenty-five thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, risk retention group, or any other method satisfactory to the Department division. No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted. The owner or operator shall demonstrate evidence of financial responsibility to the Department division.
(B) The Department division shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility, consistent with the provisions of this chapter, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank. The funds established in Section 44-2-40, for the purposes of these regulations, are acceptable mechanisms for maintaining this financial responsibility by owners and operators of underground storage tanks above twenty-five thousand dollars.
(C) The funds established in Section 44-2-40, combined with the financial responsibility required by this section, may be used by owners and operators of underground storage tanks to demonstrate their compliance with any financial responsibility requirements promulgated under federal regulation.
Section 44-2-75. (A) Any person who owns an underground storage tank containing petroleum or petroleum products who is unable to demonstrate financial responsibility in the minimum amounts specified in Section 44-2-70(A) may establish an insurance pool in order to demonstrate this financial responsibility. The pool may purchase insurance or reinsurance on a group or individual basis, self-insure its members, or form, or join a purchasing group as defined in Section 38-87-20(10). Any contract establishing an insurance pool shall provide for:
(1) the election by pool members of a governing authority for the pool, which may be a board of directors, a majority of whom must be elected or appointed officials of pool members;
(2) a financial plan setting forth in general terms:
(a) the insurance coverages to be offered by the insurance pool, applicable deductible levels, and the maximum levels of claims which the pool will self-insure;
(b) the amount of cash reserves to be set aside for the payment of claims;
(c) the amount of insurance to be purchased by the pool to provide coverage over and above the claims which are not to be satisfied directly from the pool's resources; and
(d) the amount, if any, of aggregate excess insurance coverage to be purchased and maintained in the event that the insurance pool's resources are exhausted in a given fiscal period;
(3) a plan of management which provides for the following:
(a) the means of establishing the governing authority of the pool;
(b) the responsibility of the governing authority for fixing contributions to the pool, maintaining reserves, levying and collecting assessments for deficiencies, disposing of surpluses, and administration of the pool in the event of termination or insolvency;
(c) the basis upon which new members may be admitted to, and existing members may leave, the pool;
(d) the identification of funds and reserves by exposure areas; and
(e) those other provisions as are necessary or desirable for the operation of the pool.
(B) The formation and operation of an insurance pool under this section is subject to approval by the Director of the Department of Insurance who may, after notice and hearing, establish reasonable requirements by regulation for the approval and monitoring of these pools, including prior approval of pool administrators and provisions for periodic examinations of financial condition.
(C) The Department of Insurance may disapprove an application for the formation of an insurance pool and may suspend or withdraw approval whenever he finds that the applicant or pool:
(1) has refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Director of the Department of Insurance or his representative;
(2) has refused, or its officers or agents have refused, to furnish satisfactory evidence of its financial and business standing or solvency;
(3) is insolvent or is in such condition that its further transaction of business in this State is hazardous to its members and creditors in this State, and to the public;
(4) has refused or neglected to pay a valid final judgment against it within sixty days after its rendition;
(5) has violated any law of this State or has violated or exceeded the powers granted by its members;
(6) has failed to pay any fees, taxes, or charges imposed in this State within sixty days after they are due and payable, or within sixty days after final disposition or any legal contest with respect to liability therefor; or
(7) has been found insolvent by a court of any other state, or by the insurance commissioner or other proper officer or agency of any other state, and has been prohibited from doing business in that state.
Section 44-2-80. (A) Any person who releases a regulated substance from an underground storage tank immediately shall undertake to contain, remove, and abate the release to the satisfaction of the Department division. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the Department division may undertake abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the Department division if a responsible party is unwilling or unable to conduct site rehabilitation.
(B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.
(C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:
(1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.
(2) The person allows for reasonable access by the underground storage tank owner or operator or the Department division to perform site rehabilitation activities.
Section 44-2-90. (A) Any interest accruing on the Superb Account and the Superb Financial Responsibility Fund must be credited to each respective account.
(B) The environmental impact fee established in Section 44-2-60(B) is abolished on December 31, 2026, provided that the environmental impact fees due for the month of December, 2026, must be paid by the end of January, 2027. Funds remaining in the Superb Account after this date, so long as available, must be used to pay the costs of site rehabilitation by owners or operators which were incurred before December 31, 2026, and to pay for site rehabilitation at orphan sites.
Section 44-2-110. All releases from underground storage tanks reported to the Department division any time from midnight on December 31, 1987, to midnight on June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified for expenditure of funds from the Superb Account, provided that a written report is filed with respect to it. All usual, customary, and reasonable site rehabilitation costs are eligible and any funds expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to a release at a site where the Department division has initiated an administrative or civil enforcement action before December 31, 1987.
(2) The provisions of this section do not apply to a release at a site where the Department division has been denied site access to implement the provisions of this chapter.
(3) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for any costs expended at a release at a site which was either reported to the Department division or where rehabilitation commenced before December 31, 1987.
(4) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for costs incurred at a release at a site reported to the Department division between January 1, 1990, and July 1, 1991, unless the costs are in excess of the minimum financial responsibility required of the owner under the applicable provision of Section 44-2-70(A) which was in effect at the time the release was reported.
For all releases reported during the time period established in this section, all site rehabilitation costs must be submitted to the Department division on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the Department division. Requests for cost approval must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the Department division as authorized by this chapter.
Section 44-2-115. The Department division shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the Department division determines that a release at a site qualifies for compensation from the Superb Account, coverage for that release shall continue to be provided, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account. If the Department division denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the Department's division's denial by a mediation panel appointed by the director of the Department division. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge.
Section 44-2-120. (A) The Department division shall promulgate regulations relating to the evaluation and approval of site rehabilitation contractors to perform work pursuant to this chapter. In doing so, the Department division, where appropriate, may utilize or incorporate national or state licensing or certification programs that may assist in this endeavor. The Department division in these regulations may distinguish between different types of site rehabilitation contractors. The regulations promulgated pursuant to this section shall include the following requirements for site rehabilitation contractors:
(1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities;
(2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors;
(3) requirements for public notice of requests for approval applications, evaluation of applications, and subsequent publication of a list of approved contractors;
(4) requirements for actions to be taken in the event that an approved contractor fails to maintain the approval;
(5) requirements for use of an owner or operator's personnel or equipment in performing site rehabilitation activities.
(B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the Department division or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.
(C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the Department division may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who:
(1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation;
(2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years;
(3) has demonstrated repeated noncompliance with requirements for compensation established by the Department division under Section 44-2-50(B);
(4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards;
(5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section.
Section 44-2-130. (A) For releases reported subsequent to June 30, 1993, and so long as funds are available in the Superb Account and except as otherwise provided in Sections 44-2-40 and 44-2-110, an owner or operator or his agent is eligible for compensation for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted.
(B) For all releases reported after June 30, 1993, all site rehabilitation costs must be submitted to the Department division on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the Department division. Requests for cost approvals must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the Department division as authorized by this chapter.
(C)(1) No owner or operator or his agent is entitled to compensation from the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with criteria established by the Department division and regulations promulgated by the Department division pursuant to Section 44-2-50(B).
(2) No owner or operator or his agent is entitled to compensation from the Superb Account for the costs of repair or replacement of any tank or equipment.
(D) Compensation from the Superb Account by an owner or operator or his agent conducting site rehabilitation through his own personnel or through contractors or subcontractors is not considered a state contract for purposes of procurement or subject to state bid requirements.
(E)(1) An owner or operator of an underground storage tank or his agent seeking to qualify for compensation from the Superb Account for site rehabilitation shall submit a written application to the Department division. The written application must be on a form specified by the Department division and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The Department division shall accept certification that the release at the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the Department division shall provide written notice to the applicant of its findings including detailed reasons for any denial. Any denial of an application must be appealable to the Board of Health and Environmental Control the Department of Environment and Natural Resources. The Department division is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110.
(2) The owner or operator responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the Department division during regular business hours.
(F) An owner or operator of an underground storage tank or his agent seeking compensation from the Superb Account must submit to the Department division a written request consisting of a plan for site rehabilitation and an associated cost proposal in accordance with regulations established by the Department division. The Department division shall make payments as expeditiously as possible for invoices submitted in accordance with regulations. However, payment for any properly justified invoice after ninety days of receipt shall include interest compounded daily for the amount of approved costs at the same legal interest rate provided by Section 34-31-20(A). For invoices submitted to the Department division after July 1, 1994, no interest may be paid pursuant to this paragraph. Interest continues to accrue and must be paid for invoices submitted to the Department division before July 1, 1994, which meet the requirements of this paragraph.
(G) The provisions of this section do not apply to rehabilitation of a release at a site owned or operated by the federal government.
Section 44-2-140. (A) Whenever the Department division finds that any person is in violation of any provision of this chapter, any regulation promulgated under this chapter, or prior order of the Department division, the Department division may issue an order requiring the person to comply with the provision, regulation, or prior order, or the Department division may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. An order issued by the Department division or court may include civil penalties as provided for in this chapter. The Department division immediately may suspend an underground storage tank permit to operate or registration certificate or may order other action as may be necessary and proper when it is determined that the operation of the underground storage tank constitutes an imminent hazard to human health or the environment. Following immediate permit or registration certificate suspension, all dispensing from the underground storage tank upon which this action was taken shall cease and the owner or operator shall properly empty the tank.
(B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the Department division issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.
(C) Any person who wilfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the Department division issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.
Section 44-2-150. (A) There is established a Superb Advisory Committee to study the implementation and administration of the Superb program, including the Superb Account, the Superb Financial Responsibility Fund, and the regulatory requirements applicable to underground storage tanks; to make recommendations to the Department division and the General Assembly on ways to improve the efficiency of the program and to maximize available funds; and to advise the Department division on administration of the program.
(B) The members of the committee must be appointed before August 1, 1994.
(C) The committee shall consist of fourteen members, appointed by the commissioner of the Department division as follows:
(1) one member representing the general public;
(2) two members representing environmental organizations;
(3) one member representing the South Carolina Petroleum Council;
(4) one member representing the South Carolina Petroleum Marketers Association;
(5) one member representing the South Carolina Service Station Dealers Association;
(6) one member representing the South Carolina Chamber of Commerce;
(7) one member representing the South Carolina Bankers Association;
(8) one member representing a business that specializes in the assessment or remediation, or both, of contamination resulting from leaking underground storage tanks;
(9) one member representing the South Carolina Department of Insurance;
(10) one member representing the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(11) one member representing the State Budget and Control Board, Division of General Services;
(12) one member representing the Municipal Association of South Carolina; and
(13) one member representing the South Carolina Association of Counties.
(D) The committee shall have the following duties and responsibilities:
(1) to conduct an initial review of the management of the Superb Program and the Superb Financial Responsibility Fund and the availability of funds in the account and the fund and thereafter to monitor the management of the account and the fund;
(2) to determine the success of the Superb program in achieving its statutory purpose of providing a means for the investigation and cleanup of spills, leaks, and other discharges from underground storage tanks without delay, which determination shall include a list of all sites cleaned up pursuant to the Superb program;
(3) to review the administration of the Superb program and to determine the feasibility and desirability of maintaining or separating the function of environmental regulation from the function of administering the Superb Account and Superb Financial Responsibility Fund;
(4) to make recommendations on the development of regulations for prioritizing sites;
(5) to make recommendations on the development of regulations establishing reasonable site-specific cleanup goals and utilizing risk-based goals for corrective action;
(6) to review the financial solvency of the Superb Account and to examine and make recommendations regarding alternative funding mechanisms;
(7) to review the interaction between the Federal Trust Fund and the Superb Account;
(8) to review and provide recommendations on standards and procedures to reduce time and costs to achieve site cleanup in a high quality and efficient manner;
(9) to study and make recommendations regarding the feasibility of utilizing a competitive bidding process in any or all stages of the Superb program;
(10) to study and make recommendations regarding the feasibility of the State's contracting with private entities to provide services for the program, such as having private insurers process compensation applications;
(11) to make recommendations regarding actions the Department division could take to facilitate commercial lending activity involving Superb-qualified sites and;
(12) to make recommendations regarding the development of an appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B).
(E) Members of the committee shall serve for terms of two years and until their successors are appointed and qualify. The committee shall selection a chairman and vice-chairman. The committee shall adopt operating procedures, including attendance requirements. A majority of the members constitute a quorum to do business. The committee shall meet on the call of the chairman or of a majority of the members; however, the committee shall meet at least monthly before the date that its initial report required by subsection (F) is due. The Department division shall provide the necessary staff and the administrative facilities and services to the committee and shall cooperate fully with the committee, including providing information necessary for the committee to perform its functions.
(F) Not later than December 16, 1994, the committee shall submit a report to the Department division and General Assembly addressing the issues identified in subsection (D) of this section. The report shall include recommendations for any statutory changes that the committee determines should be made in the Superb program and recommendations regarding regulations required to be promulgated pursuant to Section 44-2-50(B).
(G) Following its initial report, the committee shall submit to the Department division and the General Assembly by the end of each calendar year an annual report which, at a minimum, shall address the financial status and viability of the Superb Account and the Superb Financial Responsibility Fund, the number of sites successfully remediated pursuant to the Superb program, the number of sites remaining to be remediated, and any statutory or regulatory changes that the committee recommends."
SECTION 25. Article 1, Chapter 55, Title 44 of the 1976 Code, is amended to read:
Section 44-55-10. This article may be cited as the State Safe Drinking Water Act.
Section 44-55-20. As used in this article:
(1) 'Board' means the South Carolina Board of Health and Environmental Control Environment and Natural Resources which is charged with responsibility for implementation of the Safe Drinking Water Act.
(2) 'Commissioner director' means the Commissioner director of the department division or his authorized agent.
(3) 'Community water systems' means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.
(4) 'Construction permit' means a permit issued by the department division authorizing the construction of a new public water system or the expansion or modification of an existing public water system.
(5) 'Contamination' means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.
(6) 'Cross-connection' means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(7) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, including personnel authorized and empowered to act on behalf of the department division or board.
(8) 'Human consumption' means water used for drinking, bathing, cooking, dishwashing, and maintaining oral hygiene or other similar uses.
(9) 'Noncommunity water system' means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.
(10) 'Nontransient noncommunity water system' means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.
(11) 'Operating permit' means a permit issued by the department division that outlines the requirements and conditions under which a person must operate a public water system.
(12) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns.
(13) 'Public water system' means:
(a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
(b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;
(c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
(i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;
(ii) the department division determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or
(iii) the department division determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
(14) 'State water system' means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.
(15) 'Transient noncommunity water system' means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.
(16) 'Well' means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This includes, but is not limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.
(17) 'Well driller' means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. This term does include owners constructing or abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells.
Section 44-55-30. In general, the design and construction of any public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.
Section 44-55-40. (A) Before the construction, expansion, or modification of any public water system, application for a permit to construct must be made to, and a permit to construct obtained from, the department division.
(B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department division and must be accompanied by engineering plans, drawings, and specifications prepared by or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40 and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.
(C) Upon the completion of construction, modification, or extension to a public water system, arrangements must be made for a final inspection and approval before operation as prescribed by regulation. No new facility may be operated prior to approval by the department division.
(D) Any public water system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person may install, permit to be installed, or maintain any unprotected cross-connection between a public water system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department division shall certify qualified individuals who are capable of testing cross-connection control devices to ensure their proper operation.
(E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.
(F) In exercising its responsibility under this article, the department division is authorized to investigate the public water system as often as the department division considers necessary. Records of operation of public water systems must be kept on forms approved or furnished by the department division, and this data must be submitted at such times and intervals as the department division considers necessary. Samples of water must be collected and analyzed by the systems as required.
(G) The department division may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board considers necessary and desirable; however, these variances or exemptions must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.
(H) The department division or its authorized representative has the authority to enter upon the premises of any public water system at any time for the purpose of carrying out the provisions of this article.
(I) The department division may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.
(J) The department division may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water system; adopt and implement plans for the provision of drinking water under emergency circumstances; and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water system; however, no permit may be revoked without first providing an opportunity for a hearing.
(K) The Commissioner director of the Department of Health and Environmental Control division shall classify all public water system treatment facilities giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by the public water system treatment facility and the skill, knowledge, and experience necessary for the operation of these facilities. Each treatment facility must be classified at the highest applicable level of the following classification system, with Group VII Treatment being the highest classification level:
Group I Treatment. A facility which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.
Group II Treatment. A facility which provides disinfection treatment using gaseous chlorine or chloramine disinfection or includes sequestering, fluoridation, or corrosion control treatment.
Group III Treatment. A facility treating a groundwater source which is not under the direct influence of surface water, utilizing aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration or ion exchange, or membrane technology or that includes sludge storage or a sludge dewatering process.
Group IV Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing aeration, coagulation, clarification with a minimum detention time of two hours in the clarification unit, lime softening, rapid rate gravity filtration (up to four gallons per minute per square foot), slow sand filtration, chlorine dioxide, powdered activated carbon addition, or granular activated carbon filtration or ion exchange or that includes sludge storage or a sludge dewatering process. This classification also includes any treatment facility which does not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.
Group V Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing high rate gravity filtration (greater than four gallons per minute per square foot), clarification with a detention time of less than two hours in the clarification unit, diatomaceous earth filtration, or ultraviolet light disinfection.
Group VI Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing direct filtration, membrane technology, or ozone.
Group VII Treatment. Drinking water dispensing stations and vending machines which utilize water from an approved public water system or bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.
(L) The Commissioner director of the Department of Health and Environmental Control division shall classify all public water distribution systems giving due regard to the size, type, and complexity of the public water distribution system and the skill, knowledge, and experience necessary for the operation of these systems. The classification must be based on:
Group I Distribution. Distribution systems associated with state and transient noncommunity water systems.
Group II Distribution. Distribution systems associated with community and nontransient noncommunity public water systems which have a reliable production capacity not greater than six hundred thousand gallons a day and which do not provide fire protection.
Group III Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than six hundred thousand gallons a day but not greater than six million gallons a day (MGD) or have a reliable production capacity not greater than six hundred thousand gallons a day and provide fire protection.
Group IV Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity than six MGD, but not greater than twenty MGD.
Group V Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than twenty MGD.
(M) It is unlawful for a person to operate a public water treatment facility or distribution system classified in subsection (K) or (L) unless the operator-in-charge holds a valid certificate of registration issued by the South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water treatment facility or distribution system supervised by the operator in charge. All public water treatment facilities classified in Group IV Treatment through Group VI Treatment of subsection (K) must have an operator of the appropriate grade certified by the South Carolina Environmental Certification Board on duty while the facility is in operation.
(N) Effective July 1, 1983, it is unlawful for a person to engage in the business of well drilling or represent himself or herself to the public as a well driller without obtaining certification from the South Carolina Environmental Certification Board or employing well drillers which are certified by the South Carolina Environmental Certification Board. Persons constructing or abandoning wells on their own property for their own personal use only are not required to be licensed by the Department of Labor, Licensing and Regulation.
(O) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq.; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Sections 48-43-10 et seq.; or the Water Use Reporting and Coordination Act, Section 49-4-10 et seq. For these excepted wells, the board may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers who desire this training.
(P) The owner of a public water system must possess a valid operating permit to operate a public water system in this State.
Section 44-55-45. An advisory committee to the board must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board . The Advisory Committee is composed of eight members appointed by the board. Five members must be active well drillers; one member must be a registered professional engineer with experience in well design and construction; one member must be a consulting hydrogeologist with experience in well design and construction; and one member must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom must be an employee of the Department of Health and Environmental Control division, and appointed by the Commissioner director; and two of whom must be employees of the South Carolina Department Division of Natural Resources and appointed by the director.
The term of office of members of the Advisory Committee is for four years and until their successors are appointed and qualify. No member may serve more than two consecutive terms. The initial terms of office must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.
Section 44-55-50. (A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department division must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for these decisions.
(B) If the board or department division determines that these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department division is entitled to request a public hearing, which the board or department division shall conduct within thirty days after the request. The public hearing must be a formal evidentiary hearing where testimony must be recorded. After the hearing the board or department division shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice to known interested parties. The findings of the board or department division may be appealed to the circuit court, which is empowered to modify or overrule the findings if the court determines the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal must be served on the board or department division within fifteen days after it has affirmed or reevaluated its initial findings and copies also must be served on known interested parties.
(C) A public water system utilizing a fully owned and protected watershed as its water supply is exempt from this section.
Section 44-55-60. (A) An imminent hazard is considered to exist when in the judgment of the Commissioner director there is a condition which may result in a serious immediate risk to public health in a public water system.
(B) In order to eliminate an imminent hazard, the Commissioner director may, without notice or hearing, issue an emergency order requiring the water system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order must be served by certified mail or other appropriate means. An emergency order issued by the Commissioner director must be effected immediately and binding until the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
Section 44-55-70. A public water system shall, as soon as practicable, give public notice if it:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring;
(3) is granted a variance for an inability to meet a maximum contaminant level requirement;
(4) is granted an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption.
The board shall prescribe procedures for the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and other notification as is considered appropriate by the board.
Section 44-55-80. (A) It is unlawful for a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article;
(2) the conditions of any permit issued under this article; or
(3) any order of the department division.
(B) It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.
Section 44-55-90. (A) Any person wilfully violating the provisions of Section 44-55-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars a day per violation or imprisoned for not more than one year, or both.
(B)(1) A violation of Section 44-55-80 by a person renders the violator liable to the State for a civil penalty of not more than five thousand dollars a day per violation.
(2) The department division may administer penalties as otherwise provided for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure this penalty.
(C) The department division may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70.
Section 44-55-100. To carry out the provisions and purposes of this article, the department division may:
(1) enter into agreements, contracts, or cooperative arrangements, under the terms and conditions as it considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(2) receive financial and technical assistance from the federal government and other public or private agencies;
(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;
(4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department division is authorized to collect an annual fee from each public water system. The schedule for the annual fee, established pursuant to this article, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department division shall adjust the fee schedule by an equivalent amount.
(B) There is established in the treasurer's office an account entitled the Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited into the Drinking Water Trust Fund and must be provided to the department division solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department division and General Assembly on the fee schedule and the use of revenues deposited in the Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner director of the Department of Health and Environmental Control division, or a designee.
(D) The department division may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department division also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the amount of the fee established pursuant to subsection (B)."
SECTION 26. Article 3, Chapter 55 of Title 44 of the 1976 Code is amended to read:
Section 44-55-210. (A) The term 'privy' as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control division and which are used for affording privacy in acts of urination or defecation.
(B) For the purpose of this article the term 'watershed' shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake.
(C) As used in this article, 'division' means the Division of Environmental Control, Department of Environment and Natural Resources.
Section 44-55-220. The provisions of this article shall apply to all residences, institutions, and establishments and all privies, without regard to their distance from the homes of persons, which are located on the watershed of a public surface water supply.
Section 44-55-230. Every privy, located on property occupied by the owner or a tenant or by any person employed by the owner, shall be maintained in a sanitary manner and in accordance with rules and regulations prescribed by the Department of Health and Environmental Control division and posted in a suitable form inside of the privy by an officer of the Department division.
Section 44-55-240. The person in charge of a dwelling, office building, establishment or institution shall be responsible for the sanitary maintenance of any privy which is used by his household, guests, customers, pupils, passengers, occupants, employees, workers or other persons.
Section 44-55-250. The Department of Health and Environmental Control division, through its officers and inspectors, shall exercise such supervision over the sanitary construction and maintenance of privies as may be necessary to enforce the provisions of this article.
Section 44-55-260. Duly authorized agents of the Department of Health and Environmental Control division may enter upon any premises and into any buildings or institutions for the purposes of inspection as provided for or required by State laws or regulations of the Department division pursuant to such laws, but the privacy of no person shall be violated. Any person who wilfully interferes with or obstructs the officers of the Department division in the discharge of any of their duties under this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.
Section 44-55-270. If an officer or an inspector of the Department of Health and Environmental Control division shall find a privy which is not constructed in accordance with the provisions of this article or not being maintained in a sanitary manner and in accordance with the rules and regulations of the Department division he shall securely fasten on the privy a notice reading, 'Unsanitary, Unlawful To Use.'
Section 44-55-275. On the effective date of this section any provision of law or regulation relating to outdoor toilet facilities or privies which would require the destruction or discontinued use of such facilities shall not apply to facilities at campgrounds or parks used exclusively for religious purposes.
Section 44-55-280. No person shall remove or deface an official notice fastened on or in a privy by an officer of the Department of Health and Environmental Control division.
Section 44-55-290. The Department of Health and Environmental Control division shall designate as its agents local health inspectors of incorporated towns or cities for the enforcement of the terms of this article and the rules and regulations issued pursuant thereto within one mile outside the corporate limits of such town or city. Such local health inspectors shall enforce such rules and regulations as may be issued by the Department division under the terms of this article. In counties having health units it shall be the duty of such health units to enforce the rules and regulations of the Department division in the territory of such counties lying beyond the distance of one mile from the corporate limits of towns or cities having local health inspectors. Provided, that nothing herein shall affect the Richland County board of health from having concurrent jurisdiction with the designated local health inspectors to implement the rules and regulations within one mile of the boundary of a city or town.
Section 44-55-300. Any person who violates any of the provisions of this article, other than Section 44-55-260, and any person who is responsible for the sanitary maintenance of a privy and who permits such privy, after an official notice reading, 'Unsanitary, Unlawful To Use,' has been fastened on it, to be used shall be guilty of a misdemeanor and fined not less than five dollars nor more than fifty dollars or imprisoned not exceeding thirty days."
SECTION 27. Article 5, Chapter 55, Title 44 of the 1976 Code is amended to read:
Section 44-55-405. As used in this article, 'division' means the Division of Environmental Control, Department of Environment and Natural Resources.
Section 44-55-410. In order to protect the public health, all persons engaged in manufacturing in this State and furnishing, by renting and otherwise, directly or indirectly, houses to their employees shall furnish to their employees occupying such houses sewage closets with necessary sewage connections for them.
Section 44-55-420. The construction of the sewage connections and the sanitary closets and the method of keeping such connections and closets in sanitary condition shall be under the supervision and control of the Department of Health and Environmental Control division.
Section 44-55-430. The Department of Health and Environmental Control division may make rules and regulations necessary for the enforcement of the provisions of this article.
Section 44-55-440. In case a person subject to the provisions of this article shall have installed, prior to June 3, 1951, in his tenement or mill village an adequate sewage system with adequate water closets in compliance with the law as it then existed on the subject, such person shall be exempt from the provisions hereof, except the requirement of maintenance in compliance with the rules and regulations of the Department of Health and Environmental Control division.
Section 44-55-450. This article shall not apply to sawmills, manufacturing enterprises operating on a temporary basis or manufacturing firms operating under an order of court or in receivership.
Section 44-55-460. Any person refusing or neglecting to carry into effect the provisions of this article, to obey the rules and regulations as established by the Department of Health and Environmental Control division or to obey any order issued by said Department relative to the provisions of this article shall, upon conviction, be fined in a sum not exceeding one hundred dollars or not less than twenty-five dollars, and each day of such violation shall constitute a separate offense."
SECTION 28. Article 23, Chapter 55, Title 44 of the 1976 Code is amended to read:
Section 44-55-2310. This article may be cited as the State Recreational Waters Act.
Section 44-55-2320. As used in this article:
(1) 'Board' means the Board of Health and Environmental Control Environment and Natural Resources.
(2) 'Director' means the director of the department division or his authorized agent.
(3) 'Department' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(4) 'Person' means an individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity. 'Person' does not mean a church, synagogue, or religious organization.
(5) 'Public swimming pool' means an artificial structure used to impound water to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence and the use of which is not confined to the family of the residence and its private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization.
Section 44-55-2330. The department division shall promulgate regulations, standards, and procedures necessary to protect the health and safety of the public and to ensure proper design, construction, and operation of public swimming pools. The regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, and physical standards for public swimming pool waters.
Section 44-55-2340. (A) No person may construct, materially alter, or enlarge a public swimming pool until an application for a construction permit has been submitted to, and a construction permit is issued by, the department division. An application submitted for a construction permit must be signed by the owner and include drawings, plans, and specifications prepared and signed by an architect or engineer registered in this State which demonstrate compliance with the design standards promulgated by the department division. No newly constructed or altered public swimming pool may be placed into operation until the department division has conducted a final inspection and issued written approval that the construction is completed satisfactorily.
(B) No person may operate an existing public swimming pool until he has obtained an annual operating permit from the department division for the calendar year in which the pool is to be operated. All annual operating permits expire on the last day of the calendar year for which they are issued. An annual operating permit for a newly constructed pool is not required until the calendar year following the year in which the pool is constructed.
(C) The owner shall operate and maintain his public swimming pool in a manner to provide water quality which is bacteriologically, chemically, and physically safe for swimming or its other intended use and assure that it is free from potential safety hazards to the users. The owner shall keep records of operation on forms approved by the department division and shall make the records available to the department division upon request. The records must include information as specified in the regulations promulgated by the department division.
Section 44-55-2350. The department division may establish and collect fees for the construction permits and the annual operating permits required by Section 44-55-2340 unless prohibited by the General Assembly.
Section 44-55-2360. It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department division including a permit or order issued by the board, director or department division.
Section 44-55-2370. (A) Whenever the department division finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department division, after written notice of violation, may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or may request the Attorney General to commence an action under this subsection in the appropriate court. The department division also may assess civil penalties as provided in this section for violations of the provisions of this article, including any order, permit, regulation, or standard.
(B) A person who fails to take appropriate corrective action after receiving written notice of the violation of a provision of Section 44-55-2360 is liable for a civil penalty not to exceed five hundred dollars a day for the first violation; one thousand dollars a day for the second violation; and three thousand dollars a day for the third or subsequent violations which occur during the same year. Fifty percent of the penalties collected must be retained and used in the implementation of the recreational waters program, thirty percent must be forwarded to the county in which the violations occur, and twenty percent must be forwarded to the state's general fund.
Section 44-55-2380. For purposes of enforcing this article and regulations promulgated pursuant to this article, an employee or duly authorized representative of the department division may enter at reasonable times the premises of a public swimming pool. The department division, upon receipt of information that a public swimming pool may present an imminent and substantial hazard to the health of persons using the pool, may issue an order directing the owner or operator of the swimming pool to take steps necessary to eliminate the hazard. The action may include temporary cessation of operation of the public swimming pool.
SECTION 29. Article 1, Chapter 56, Title 44 of the 1976 Code is amended to read:
Section 44-56-10. This chapter shall be cited as the 'South Carolina Hazardous Waste Management Act'.
Section 44-56-20. Definitions as used in this chapter:
(1) 'Board' means the South Carolina Board of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources which is charged with responsibility for implementation of the Hazardous Waste Management Act.
(2) 'Director' means the director of the department division or his authorized agent.
(3) 'Department division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, including personnel thereof authorized by the board to act on behalf of the department division or board.
(4) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
(5) 'Generation' means the act or process of producing waste materials.
(6) 'Hazardous waste' means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department division:
a. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or concentrated in tissue, or which generate pressure through decomposition, heat, or other means. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954.
(7) 'Hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes.
(8) 'Manifest' means the form used for identifying the quantity, composition, or origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
(9) 'Permit' means the process by which the department division can ensure cognizance of, as well as control over the management of hazardous wastes.
(10) 'Storage' means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes.
(11) 'Transport' means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal.
(12) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal.
(13) 'Uncontrolled hazardous waste site' means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment.
For the purpose of this item the term 'hazardous waste' does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas.
(14) 'Response action' is any cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment.
Section 44-56-30. The board shall promulgate such regulations, procedures or standards as may be necessary to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. Such regulations may prescribe contingency plans; the criteria for the determination of whether any waste or combination of wastes is hazardous; the requirements for the issuance of permits required by this chapter; standards for the transportation, containerization, and labeling of hazardous wastes consistent with those issued by the United States Department of Transportation; operation and maintenance standards; reporting and record keeping requirements; and other appropriate regulations.
Section 44-56-35. The department division shall promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities to more effectively ensure long-term protection of human health and the environment. These standards shall be based solely upon the protection of human health and the environment.
The department division shall have site suitability criteria promulgated and established no later than June 1, 1990.
Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet the conditions of the permit.
Section 44-56-40. To carry out the provisions and purposes of this chapter, the department division is authorized to:
1. enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems appropriate, with other state, federal or interstate agencies, municipalities, educational institutions, local health department division divisions, or other organizations or individuals;
2. receive financial and technical assistance from the federal government and private agencies;
3. participate in related programs of the federal government, other states, interstate agencies or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data and information which may be required by the Federal Resource Conservation and Recovery Act of 1976;
4. establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary upon request of affected persons.
Section 44-56-50. Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:
1. issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;
2. requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department division that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
3. issuing an order directing a response action by the department division to eliminate the hazard and protect the public from exposure to the hazard; and
4. requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law.
Section 44-56-59. (A) The General Assembly finds:
(1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;
(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;
(3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State;
(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and
(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State.
(B) Based upon these findings, the General Assembly declares that:
(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State, through regional agreements between states, or through other means; and
(2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also.
Section 44-56-60. (a)(1) In order to provide the General Assembly with the information it needs to accomplish the above goals, the Department of Health and Environmental Control division shall evaluate annually the effects of new and existing waste management technologies, alternate methods of storage or disposal, recycling, incineration, waste minimization laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of the department's division's evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazardous waste landfill capacity in this State should be reduced.
(2) No person may construct, substantially alter, or operate a hazardous waste treatment, storage, or disposal facility or site, nor may a person transport, store, treat, or dispose of hazardous waste without first obtaining a permit from the department division for the facility, site, or activity. Beginning July 1, 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred twenty thousand tons of hazardous waste for the twelve-month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site.
(3) During a twelve-month period, the commissioner director may allow land disposal by burial in excess of the limitation upon certification of the department division that:
(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this State; or
(B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina.
During each twelve-month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina than was buried in the previous twelve-month period.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department division of permitted activity at the disposal site.
(b) Any person who:
1. owns or operates a facility required to have a permit under this section which facility is in existence on the effective date of this section;
2. has complied with the requirements of Section 44-56-120; and
3. has made an application for a permit under this section is deemed to have been issued the permit until such time as final administrative disposition of each application is made by the department division, unless final administrative disposition of each application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.
(c) Before issuance of a permit, the Department division shall require:
1. evidence of liability coverage for sudden and nonsudden accidental occurrences in an amount the Department division may determine necessary for the protection of the public health and safety, and the environment;
2. evidence of financial assurance in the form and amount as the Department division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of a facility or site, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment. The Department division shall assume continuing responsibility for environmental monitoring and for any response actions necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treatment sites permitted under this chapter when the facilities, sites, or activities close and all responsibilities required of any other party by any state or federal law or regulation cease. The Department's division's responsibility for monitoring and response action is neither a limitation nor a termination of the liability of generators, transporters, or the operators of the facility under any provision of law or at common law.
3. evidence of other financial assurance in such forms and amounts as the department division determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility.
Section 44-56-70. All generators, transporters, and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system as prescribed by the department division to insure that all such hazardous waste generated is designated for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the premises where the waste is generated, which have been properly permitted for such purposes.
Section 44-56-80. A. The department division shall require:
1. the establishment and maintenance of such records;
2. the making of such reports;
3. the taking of such samples, and the performing of such tests or analyses;
4. the installing, calibrating, using, and maintaining of such monitoring equipment or methods;
5. the providing of such other information; as may be necessary to achieve the purposes of this chapter.
B. Information obtained by the department division under this chapter shall be available to the public, unless the department division certifies such information as being proprietary. The department division may make such certification where any person shows, to the satisfaction of the department division, that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection. Nothing in this subsection shall be construed as limiting the disclosure of information by the department division to any officer, employee, or authorized representative of the State concerned with effecting this chapter, providing such person respects the proprietary nature of the information.
Section 44-56-90. (a) For the purpose of enforcing this chapter and Sections 44-56-160 through 44-56-190, or any regulations authorized pursuant thereto, any authorized representative or employee of the department division may, upon presentation of appropriate credentials, at any reasonable time:
1. enter any place where hazardous wastes are generated, stored, treated, or disposed of;
2. inspect and copy any records, reports, information, or test results relating to the purpose of this chapter and Sections 44-56-160 through 44-56-190; and
3. inspect and obtain samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. The Department division shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. The Department division shall also provide the owner, operator, or agent in charge a copy of the results of any analyses of such samples.
(b) For the purpose of implementing necessary governmental response actions as provided in Section 44-56-180, the Department division or its authorized representative may, at any time, enter the premises of any publicly or privately owned property which it has determined to be an uncontrolled hazardous waste site. The owner or operator of such site shall cooperate fully with the department division when such governmental response actions are taken.
Section 44-56-100. The board may issue, modify or revoke any order to prevent any violation of this chapter.
Section 44-56-110. The department division may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing.
Section 44-56-120. Not later than ninety days after final promulgation or revision of regulations under Section 44-56-30 identifying by its characteristics or listing any substance as hazardous waste subject to this chapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the department division a notification stating the location and general description of such activity and the identified or listed hazardous waste handled by such person. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required under this section.
Section 44-56-130. After the promulgation of the regulations required under Section 44-56-30:
(1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department division as required by such regulations.
(2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations.
(3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department division.
(4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department division before the transportation of any hazardous waste into the State for treatment.
(5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department division before the transportation of any hazardous waste into the State for storage.
(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department division before the transportation of any hazardous waste into the State for disposal.
Section 44-56-140. A. Whenever the department division finds that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department division may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department division may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department division may request that the Attorney General bring civil enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department division may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation, or standard. Any person against whom a civil penalty is invoked by the department division may appeal the decision of the department division to the Court of Common Pleas in Richland County.
B. Any person who violates any provision of Section 44-56-130 shall be liable for a civil penalty not to exceed twenty-five thousand dollars per day of violation.
C. Any person who willfully violates any provision of Section 44-56-130 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both, if the conviction is for a second or subsequent offense; the punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years, or both.
D. Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-56-130 shall constitute a separate offense.
E. The violations referred to in this section shall be reported by the department division to the governing body of the county or municipality concerned within twenty-four hours.
Section 44-56-160. (A) The Department of Health and Environmental Control division is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills and necessary from accidents in the transportation of hazardous materials and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The contingency fund must be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which must be provided by the General Assembly.
(B) Of the fees collected pursuant to Section 44-56-170(C), (D), and (E), and credited to the contingency fund pursuant to Section 44-56-175:
(1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State;
(2) sixty-two percent must be held separate and distinct within the fund to defray the costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising from accidents occurring within the State in the transportation of hazardous materials;
(3) five percent must be used to fund hazardous waste reduction and minimization activities of the department division pursuant to Section 44-56-165;
(4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research Fund in accordance with Section 44-56-810;
(5) two percent must be returned to the governing body of a county in which a permitted commercial land disposal facility is located.
(C) From the fees imposed by Section 44-56-170(C) and (E) and credited to permitted sites pursuant to subsection (B), twenty-seven percent must be held separate and distinct within the fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body, shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disburse the funds quarterly to counties which contain commercial hazardous waste land disposal sites.
(D) From the fees imposed by Section 44-56-170(C) and (E) and credited to uncontrolled sites and transportation accidents pursuant to subsection (B), five percent must be returned to and used by the governing body of the Town of Pinewood to fund the Pinewood Hazardous Waste Contingency Fund as established in Section 44-56-163.
(E) All fees collected pursuant to Section 44-56-170(D) must be credited to the fund for uncontrolled sites and transportation accidents.
(F) Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant to Section 44-56-175:
(1) twenty-six percent must be credited to the fund for permitted sites; and
(2) seventy-four percent must be credited to the fund for uncontrolled sites and transportation accidents.
(G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the general fund of the State, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund.
Section 44-56-163. (A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This contingency fund is financed pursuant to Section 44-56-160(D). The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disburse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to Section 44-56-160 or this section must be credited to this contingency fund.
(B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection.
Section 44-56-164. (A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members:
(1) the chairman of the Sumter County Council or a council member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council member designated by the chairman;
(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;
(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.
(B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B).
Section 44-56-165. The fees imposed under Section 44-56-170(C) and (E), and distributed in accordance with Section 44-56-160(B)(3) must be used to fund hazardous waste reduction and minimization activities of the department division. Funding for this activity is not limited to the amount collected annually and may be supported by general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of pH are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6).
Section 44-56-170. (A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department division including, but not limited to, the following information:
1. effective October 1, 1985, certification that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable;
2. effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;
3. the types and quantities of hazardous wastes generated;
4. the types and quantities of these wastes shipped for treatment and disposal by landfilling or other means of land disposal;
5. the types and quantities of these wastes remaining in storage at the end of the reporting period; and
6. a check made payable to the Department division for the amount of fee imposed on these wastes by the provisions of paragraph (C.)
(B) Each owner/operator of a hazardous waste facility shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department division including, but not limited to, the following information:
1. the types and quantities of hazardous wastes generated;
2. the types and quantities of hazardous wastes received at the facility during the reporting period;
3. the types and quantities of hazardous wastes treated, disposed of, and otherwise handled during the reporting period; and
4. a check made payable to the Department division for the amount of fees imposed by paragraph (C) for any wastes generated by the facility and handled in such manner as prescribed by its provisions; by paragraph (D) and by paragraph (E.)
Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calendar quarter, required to submit to the Department division certification from any out-of-state generator that effective October 1, 1985:
(1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
(2) The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;
(C) There is imposed a fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.
(D) There is hereby imposed a fee of one dollar per ton of hazardous wastes in excess of fifty tons remaining in storage at the end of the reporting period.
(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department division an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton.
(F)(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled 'Hazardous Waste Fund County Account'.
(2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State.
(b) Effective July 1, 2000, the provisions of subitem (a) are no longer effective and the fee must be allocated in the following manner: fifty percent to the county where the incineration of the hazardous waste generating the fee occurred and fifty percent to the general fund of the State.
(3) Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county.
(4)(a) For purposes of this subsection, 'county legislative delegation' includes only those members who represent the economically depressed areas of the county.
(b) For purposes of this subsection, 'incineration' includes hazardous waste incinerators, boilers, and industrial furnaces.
(c) For the purpose of this subsection 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(i) improvements to both public water and sewer systems;
(ii) improvements to public electric, natural gas, and telecommunication systems; and
(iii) fixed transportation facilities including highway, road, rail, water, and air.
Section 44-56-175. (A) Of the fees imposed pursuant to Section 44-56-170(C) and (E):
(1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund;
(2) two percent must be credited to the Pinewood Development Fund; and
(3) fifteen percent must be credited to the general fund.
(B) Of the fees imposed pursuant to Section 44-56-510:
(1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund;
(2) twenty percent must be credited to the Pinewood Development Fund; and
(3) twenty-seven percent must be credited to the general fund.
(C) All fees imposed pursuant to Section 44-56-170(F) must be credited to the general fund.
Section 44-56-180. (a) In determining the use of the fund for a particular governmental response action, the department division shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department division for personnel and operating costs to implement its program for conducting these response actions. The department division must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The department division must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund.
(b) the Department division shall annually make a report to the General Assembly on the activities and response actions that have been carried out under the auspices of the Contingency Fund. The Department division shall annually provide a report to the committees of each House with oversight of industry and natural resources on its program to identify and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina.
Section 44-56-190. The Department division is directed to revise and amend the necessary provisions of R. 61-79 (DHEC) which are contrary or inconsistent with the provisions of Sections 44-56-160 through 44-56-190.
Section 44-56-200. (A) The Department of Health and Environmental Control division is empowered to implement and enforce the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), and subsequent amendments to Public Law 96-510 as of the effective date of the amendments.
(B)(1) Subject to the provisions of Section 107 of Public Law 96-510 and its subsequent amendments which pursuant to this section are incorporated and adopted as the law of this State, the department division is empowered to recover on behalf of the State all response costs expended from the Hazardous Waste Contingency Fund or from other sources, including specifically punitive damages in an amount at least equal to and not more than three times the amount of costs incurred by the State whether before or after the enactment of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and its subsequent amendments.
(2) For purposes of this section, 'owner' does not include:
(a) a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapter 59, Title 12. The exclusion provided under this paragraph shall not apply to any state or local government which voluntarily acquires a facility or has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a state or local government shall be subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity.
(b) a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by:
(i) an act of God;
(ii) an act of war;
(iii) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (A) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (B) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.
Section 44-56-205. All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardous waste generators within the State of South Carolina for treatment and disposal of hazardous materials at licensed facilities in the State.
Section 44-56-210. The Department of Health and Environmental Control division, in its discretion, shall assign not more than two full-time health inspectors to serve at each commercial hazardous waste treatment, storage, and disposal facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous waste at these sites. For any facilities to which a full-time inspector is not assigned, there must be one or more inspectors who shall monitor these facilities on a rotating basis.
The department division shall implement a fee schedule to cover the costs of implementing this inspection program and the fees must be collected by the facilities from the hazardous waste generators utilizing these sites."
SECTION 30. Article 2, Chapter 56, Title 44 of the 1976 Code is amended to read:
Section 44-56-220. (A) Upon written request of the department division, the entity providing financial assurance for a hazardous waste treatment or disposal facility or site regulated under this chapter shall furnish to the department division information concerning its financial integrity, as shall be specified in the department's division's request to permit the department division to review the nature, degree, and sufficiency of the financial assurances submitted by such entity. Information pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be required, in the event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assurances required by the department division. The information required by this subsection may include, but not be limited to, a certified audited financial statement, a balance sheet, and a profit and loss statement.
(B) If, in the judgment of the department division, the information referred to in subsection (A) is not furnished within a reasonable time or if so furnished is not satisfactory to the department division, the department division shall give by written notice to such entity the particulars in which such information is insufficient to permit the department division to review the nature, extent, and sufficiency of the required financial assurance and such entity shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned.
(C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the department division in person or by its agents shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be necessary to procure the information required. Upon sufficient notice, the department division may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department division may designate. The expense of the necessary examination or inspection for the procuring of the information must be paid by the party so examined or inspected. The expenses may be collected by suit or action, if necessary, except that if the examination and inspection and reports thereof disclose that a sufficient response had previously been made pursuant to the requirements of the department division in regard thereto the expense of making the examination and inspection must be paid out of the funds of the department division."
SECTION 31. Article 4, Chapter 56, Title 44 of the 1976 Code is amended to read:
Section 44-56-410. As used in this article:
(1) 'Department' 'Division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(2) 'Discharge' means leakage, seepage, or other release.
(3) 'Drycleaning facility' means a commercial establishment located in this State that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics utilizing a process which involves the use of drycleaning solvents. 'Drycleaning facility' includes laundry facilities that are using or have used drycleaning solvents as part of their cleaning process, but does not include, textile mills or uniform rental and linen supply facilities.
(4) 'Drycleaning solvents' means nonaqueous solvents used in the cleaning of clothing and other fabrics and includes perchloroethylene (also known as tetrachloroethylene) and Stoddard solvent, and their breakdown products. 'Drycleaning solvents' includes only solvents originating from use at a drycleaning facility or by a wholesale supply facility.
(5) 'Dry drop-off facility' means a commercial retail store that receives from customers clothing and other fabrics for drycleaning at an off-site drycleaning facility and does not clean the clothing or fabrics at the store utilizing drycleaning solvents.
(6) 'Employee' means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Bureau of Employment Security Commission or Department of Revenue as required by law. Excluded from the meaning of the term 'employee' are owners of drycleaning facilities and family members of owners, regardless of the level of consanguinity, if the family members are not employed and compensated pursuant to the definition of the term 'employee' contained in this item. Part-time employees who are employed and paid for fewer than thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unless their hours and weeks of employment, when combined with the hours and weeks of employment of another or other part-time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year.
(7) 'Person' means any individual, partnership, corporation, association, or other entity that is vested with ownership, dominion, or legal or rightful title to the real property or which has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located.
(8) 'Wholesale supply facility' means a commercial establishment that supplies drycleaning solvents to drycleaning facilities.
(9) 'Insolvent' means the approved expenses of the Department of Health and Environmental Control division and the Department of Revenue as well as the estimated cleanup costs are equal to or exceed the fund balance and projected revenues through June 30, 2005.
Section 44-56-420. (A) There is created in the state treasury a separate and distinct account called the 'Drycleaning Facility Restoration Trust Fund', revenue for which must be collected and enforced by the Department of Revenue, and the fund must be administered by the Department of Health and Environmental Control division and expended for the purposes of this article. However, the department division may contract for the administration of the fund or any part of the administration of the fund. Judgments, recoveries, reimbursements, loans, and other fees and charges related to the implementation of this section, the tax revenues levied, collected, and credited pursuant to Section 44-56-480, and the registration fees collected pursuant to Section 44-56-470 must be credited to the fund. Charges against the fund must be made in accordance with the provisions of this section. The State accepts no financial responsibility as a result of the creation of the fund. The creation of the fund creates no burden upon the State to provide monies for the fund by any mechanisms other than as provided in this section. At no time shall monies from the general fund be obligated to supplement the fund. The State may recover to the fund any funds expended from the fund which were not utilized in accordance with this article.
(B) Whenever incidents of contamination by drycleaning solvents related to the operation of drycleaning facilities or wholesale supply facilities pose a threat to the environment or the public health, safety, or welfare, the department shall obligate monies available in the fund pursuant to this section to provide for:
(1) the prompt investigation and assessment of the contaminated sites; however, the owner or operator of a drycleaning facility or wholesale supply facility or a person must pay for the cost of the investigation and assessment up to the amount of the owner's, operator's, or person's deductible, and the department only shall provide monies that exceed the owner's, operator's, or person's deductible; however, in order to receive these monies the owner, operator, or person must comply with this article and the regulations promulgated under this article;
(2) the expeditious treatment, restoration, or replacement of potable water supplies;
(3) the rehabilitation of contaminated drycleaning facility sites, which consist of rehabilitation of affected soil, groundwater, and surface waters, using the most cost-effective alternative that is reliable and feasible technologically and that provides adequate protection of the public health, safety, and welfare and minimizes environmental damage in accordance with the site selection and rehabilitation criteria established by the department, except that nothing in this article may be construed to authorize the department division to obligate funds for payment of costs which may be associated with, but are not integral to, site rehabilitation;
(4) the maintenance and monitoring of contaminated sites;
(5) the inspection and supervision of activities described in this section;
(6) the expenses of administering the fund by the department division including the employment of department division staff to carry out the department's division's duties described in this article; however, the department division may exclude five percent of the average annual collections of the fund or the amount required to fund four employees and the administrative costs associated with these employees, whichever is greater;
(7) the payment of reasonable costs of restoring property so as to assure public health and safety, as determined by the department division.
(C) The fund may not be used to:
(1) restore sites which are contaminated by solvents normally used in drycleaning operations if the activities at a site are not related to the operation of a drycleaning facility or wholesale supply facility;
(2) restore sites that are contaminated by drycleaning solvents being transported to or from a drycleaning facility or wholesale supply facility or that are contaminated as a result of the delivery of drycleaning solvents to a drycleaning facility or wholesale supply facility on or after July 1, 1995, if the contamination resulted from gross negligence;
(3) fund any costs related to the restoration of a site that is proposed for listing or is listed on the State Priority List or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any site that is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended;
(4) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a drycleaning facility or wholesale supply facility or a person under local, state, or federal law;
(5) pay any costs incurred before July 1, 1995, for the remediation of a contaminated site;
(6) pay any costs to landscape or otherwise artificially improve a contaminated site;
(7) pay any costs related to the restoration of a wholesale supply storage site which is contaminated by hydrocarbon-based chemicals other than Stoddard;
(8) pay any costs related to contamination assessment where no contamination from drycleaning solvents is discovered;
(9) pay any costs for work not approved by the department division in accordance with this article or regulations promulgated pursuant to this article;
(10) restore sites that are uniform rental and linen supply facilities unless the site was operated as a drycleaning facility on July 1, 1995, and has participated in the fund;
(11) restore sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facilities where the owner or person has not paid a registration fee for the site pursuant to Section 44-56-470(B) and has not been involved in the drycleaning industry after October 1, 1995.
(D) The department division shall promulgate regulations that provide for an initial contamination assessment to determine whether a drycleaning facility or wholesale supply facility is contaminated by drycleaning solvents. Payment for the initial assessment is as provided for in subsection (B), and site rehabilitation portions of the program must be administered through direct payments to contractors actually accomplishing the site rehabilitation and not through reimbursement to drycleaning or wholesale supply facility owners, operators, or persons. All services related to site rehabilitation must be preapproved by the department division before performance in order to receive payment for services rendered.
(E) If the committed money in the fund exceeds the current fund balance and the department division declares a site is an emergency, the owner or operator of the drycleaning facility, wholesale facility, or person is liable for the cost of that cleanup. However, once the fund has funds available, the owner, operator, or person who paid for the approved cleanup must be reimbursed for the costs incurred to clean up the site through annual payments which may not exceed five percent of the total fund's average annual balance if the cleanup complies with the provisions of this article or regulations promulgated under this article. The fund may not obligate itself for more than it is estimated to generate through surcharges, annual fees, and registration fees.
Section 44-56-430. (A) If the State Treasurer determines that the fund is insolvent, an environmental surcharge must be levied on every owner, operator, or person participating in the fund at a rate of one-half percent on all gross sales for a minimum of one year. When the State Treasurer determines that the fund is solvent the one-half percent surcharge must be suspended.
(B) The surcharge imposed by this section is due on the first day of the month succeeding the month in which the charge is imposed and must be paid before the twenty-first day of each month. The surcharge must be reported on forms and in the manner prescribed in regulation by the Department of Revenue. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue including interest and penalties on delinquent surcharges.
(C) The Department of Revenue shall administer, collect, and enforce the surcharge imposed under this section pursuant to the procedures for administration, collection, and enforcement of the general stated sales tax imposed under Title 12, except as provided in this subsection. These procedures include, but are not limited to, those regarding the filing of consolidated returns, the granting of sale for resale exemptions, and the interest and penalties on delinquent taxes. The surcharge must not be included in the computation of estimated taxes, and the dealer's credit for collecting taxes or fees does not apply.
Section 44-56-440.(A) The Board of the Department of Health and Environmental Control Environment and Natural Resources shall establish a moratorium on administrative and judicial actions by the department division concerning drycleaning facilities and wholesale supply facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. This moratorium applies only to those facilities deemed eligible as defined in this section. The board may review and determine the appropriateness of the moratorium at least annually. This review shall include, but is not limited to, consideration of these factors:
(1) the solvency of the fund as described in Section 44-56-420;
(2) prioritization of the sites;
(3) public health concerns related to the sites;
(4) eligibility of the sites;
(5) corrective action plans submitted to the department division.
After review, the board may suspend all or a portion of the moratorium if necessary.
(B) A drycleaning facility or wholesale supply facility that is being operated as a drycleaning facility or wholesale supply facility at the time a request for determination of eligibility is filed and at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered if the drycleaning facility or wholesale supply facility:
(1) has been registered with the Department of Revenue;
(2) is determined by the department division to be in compliance with department division regulations regulating drycleaning facilities or wholesale supply facilities;
(3) has third-party liability insurance when and if the insurance becomes available at a reasonable cost, as determined by the Department of Insurance and if the insurance covers liability for contamination that occurred both before and after the effective date of the policy;
(4) has provided documented evidence of contamination by drycleaning solvents;
(5) after December 1, 1996, demonstrates current certification pursuant to Section 44-56-470(D);
(6) has not been operated in a grossly negligent manner at any time after November 18, 1980.
(C) A drycleaning facility or wholesale supply facility that ceases to be operated as a drycleaning facility or wholesale supply facility before July 1, 1995, and before the time a request for determination of eligibility is filed at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered provided the owner or operator of the drycleaning facility or wholesale supply facility or person provides documented evidence of the contamination by drycleaning solvents.
(D) A drycleaning facility that has been contaminated as a result of the discharge of drycleaning solvents by a supplier of solvents during the delivery of drycleaning solvents to a drycleaning facility first must utilize the insurance of the supplier to the full extent of the coverage for site rehabilitation before any funds may be expended from the fund for the rehabilitation of that portion of the site which was contaminated by the discharge during delivery.
(E) If the facility started operation before July 1, 2000, and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund on or before:
(1) October 1, 2002, the deductible is one thousand dollars;
(2) October 1, 2003, the deductible is ten thousand dollars;
(3) October 1, 2004, the deductible is twenty-five thousand dollars.
An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of this paragraph shall have a deductible of one thousand dollars regardless of any deductible previously assigned to the facility based on its application date or type of site. Any approved assessment or remedial costs in excess of one thousand dollars previously incurred by the owner, operator, or person shall be refunded, without interest, to such party by the department division.
(F) An owner of a drycleaning facility or wholesale supply facility or person seeking eligibility under this subsection shall submit an application for determination of eligibility to the department division on forms provided by the department division. The department division shall review the application and request any additional information within ninety days. The department division shall notify the applicant within one hundred eighty days as to whether the facility is eligible.
(G) Eligibility under this subsection applies to the site of the drycleaning facilities or wholesale supply facilities. A determination of eligibility or ineligibility is not affected by the subsequent conveyance of the ownership of the drycleaning facilities or wholesale supply facilities.
(H) This section does not apply to a site where the department division has been denied site access to implement this section or to drycleaning facilities owned or operated by a local government or by the state or federal government.
(I) A site owned by an owner of a drycleaning facility or a person at any time subsequent to October 1, 1995, who misrepresents the number of employees upon which the registration fee provided for in Section 44-56-460 is based is not eligible for funds under this section.
Section 44-56-450. (A) In order to identify drycleaning facilities and wholesale suppliers which have experienced contamination resulting from the discharge of drycleaning solvents and to assure the most expedient rehabilitation of these sites, the owners and operators of drycleaning facilities and wholesale suppliers and persons are encouraged to detect and report contamination from drycleaning solvents related to the operation of drycleaning facilities or wholesale supply facilities. Forms must be distributed to owners and operators of drycleaning and wholesale supply facilities and to persons. The Department of Revenue shall use reasonable efforts to identify and notify drycleaning and wholesale supply facilities of the registration requirements by certified mail, return receipt requested. The Department of Revenue shall provide to the Department of Health and Environmental Control division a copy of each applicant's registration materials within thirty working days of the receipt of the materials.
(B) A report of drycleaning solvent contamination at a drycleaning facility made to the department division by a person in accordance with this article or regulations promulgated under this article may not be used directly as evidence of liability for the discharge in a civil or criminal trial arising out of the discharge.
Section 44-56-460. (A) The fund must be used to rehabilitate sites that pose a significant threat to the public health, safety, or welfare. The department division shall promulgate regulations to establish priorities for state-conducted rehabilitation at contaminated drycleaning facilities or wholesale supply facilities sites based upon factors that include, but are not limited to:
(1) the degree to which human health, safety, or welfare may be affected by exposure to the contamination;
(2) the size of the population or area affected by the contamination;
(3) the present and future uses of the affected aquifer or surface waters, with particular consideration as to the probability that the contamination is substantially affecting or will migrate to and substantially affect a known public or private source of potable water; and
(4) the effect of the contamination on the environment.
(B) Nothing in this subsection may be construed to restrict the department division from modifying the priority status of a drycleaning facility or wholesale supply facility rehabilitation site where conditions warrant. Criteria for determining completion of site rehabilitation program tasks and site rehabilitation programs must be based upon the factors set forth in subsection (A)(1) and these factors:
(1) individual site characteristics, including natural rehabilitation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from established criteria is appropriate, based upon the degree to which the desired rehabilitation level is achievable and can be reasonably and cost-effectively implemented within available technologies or control strategies, except that, where a state water quality standard is applicable, the deviation may not result in the application of standards more stringent than the standard;
(4) it is recognized that restoration of groundwater resources contaminated with certain drycleaning solvents, such as perchloroethylene, may not be achievable using currently available technology. In situations where available technology is not anticipated to meet water quality standards, the department division, at its discretion, is encouraged to use innovative technology including, but not limited to, technology which has been field tested through the federal innovative technology program and which has engineering and cost data available;
(5) nothing in this section may be construed to restrict the department division from temporarily postponing completion of a site rehabilitation program for which drycleaning restoration funds are being expended whenever the postponement is considered necessary in order to make funds available for rehabilitation of a drycleaning facility or wholesale supply facility site with a higher priority status;
(6) the department division shall provide the rehabilitation of eligible drycleaning facilities and wholesale supply facilities consistent with this subsection. Nothing in this article subjects the department division to liability for any action that may be required of the owner, operator, or person by a private party or a local, state, or federal governmental entity.
(C) The department division may not expend more than two hundred fifty thousand dollars from the fund annually to pay for the costs at any one eligible site for the activities described in Section 44-56-420(B).
(D) The department division shall promulgate regulations necessary for the implementation of this section.
(E) The department division shall create a mechanism in which consultants' credentials, work objectives and plans, proposed costs ranging from assessment, cleanup, and monitoring are outlined and submitted in writing for the department's division's approval. The department division shall establish a list of those vendors who are qualified to perform work to be financed by the fund. Vendors must be recertified every two years.
Section 44-56-470. (A) For each drycleaning facility owned and in operation, the owner or operator of the facility or person shall register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pay annual or quarterly renewal registration fees as established by the department division in regulation. The fee must be accompanied by a notarized certification from the owner, on a form provided by the department division, certifying the number of employees employed by the owner for the twelve-month period preceding payment of the fee.
(B) An initial and annual registration fee for each drycleaning facility with:
(1) up to four employees is seven hundred fifty dollars;
(2) five to ten employees is one thousand five hundred dollars;
(3) eleven or more employees is two thousand two hundred fifty dollars.
The fee must be paid within thirty days after receipt of billing by the department division.
(C) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund.
(D) Before July 1, 2002, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry.
(E) Before January 1, 2002, an owner or operator of a drycleaning facility in operation before July 1, 2000, shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The containment must meet the following criteria:
(1) the dikes or containment structures must be capable of containing one- third of the capacity of the total tank capacity of each machine;
(2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure;
(3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvents in use at the facility, including floor surfaces, floor drains, floor joints, and inner dike walls;
(4) to the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released;
(5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and
(6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by drycleaning solvents in use at the facility for not less than seventy-two hours.
(F) For drycleaning facilities that commence operating on or after July 1, 2000, the owners or operators of these facilities or persons, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater. Dikes or containment structures must be installed before delivery of any drycleaning solvents to the facility. All dikes or containment structures shall meet all criteria of Section 44-56-470(E).
(G) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department division immediately upon the discovery of the spill and comply with existing emergency response regulations.
(H) Failure to comply with the requirements of this section constitutes gross negligence with regard to determining site eligibility.
Section 44-56-480. (A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, importing into, or causing to be imported into the State perchloroethylene (tetrachloroethylene) and Stoddard solvent. A surcharge of ten dollars per gallon on perchloroethylene and two dollars per gallon on Stoddard solvent is levied on each gallon to be used for drycleaning purposes when first imported into or produced in the State. A drycleaning facility not subject to this article pursuant to Section 44-56-485 may request a statement of nonparticipation from the department division so as to demonstrate its status under this article and its exemption from the surcharge provided for in this subsection.
(B) A person producing in, importing into, or causing to be imported into this State perchloroethylene and Stoddard solvent for sale, use, or otherwise must register with the Department of Revenue and become licensed for the purposes of remitting the surcharge pursuant to this section. The person must register as a producer or importer of perchloroethylene or Stoddard solvent. Persons operating at more than one location only are required to have a single registration. The fee for registration is thirty dollars. Failure to timely register is a misdemeanor and, upon conviction, the person must be fined up to one thousand dollars or imprisoned up to thirty days.
(C) The surcharge imposed by this section is due on the first day of the month succeeding the month of production, importation, or removal from a storage facility and must be paid on or before the twentieth day of the month. The surcharge must be reported on forms and in the manner prescribed by the Department of Revenue by regulation.
(D) An owner, operator, or person subject to the surcharge under this section or a person who sells surcharge-paid perchloroethylene or Stoddard solvent, other than a retail dealer, must separately state the amount of the surcharge paid on a charge ticket, sales slip, invoice, or other tangible evidence of the sale or must certify on the sales document that the surcharge required pursuant to this section has been paid.
(E) All perchloroethylene and Stoddard solvent to be used for drycleaning purposes which are imported, produced, or sold in this State are presumed to be subject to the surcharge imposed by this section. An owner, operator, or person, except the final retail consumer, who has purchased perchloroethylene or Stoddard solvent for use in drycleaning for sale, use, consumption, or distribution in this State must document that the surcharge imposed by this section has been paid or must pay the surcharge directly to the Department of Revenue in accordance with subsection (C).
(F) The surcharge imposed by this section must be remitted to the Department of Revenue. The payment must be accompanied by the forms as the Department of Revenue prescribes. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted by the Department of Revenue to the State Treasurer to be credited to the Drycleaning Facility Restoration Trust Fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue, including interest and penalties on delinquent surcharges.
(G) The Department of Revenue shall administer, collect, and enforce the surcharge authorized under this section pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under Title 12 except as provided in this section. Provisions of Title 12 regarding the department's division's authority to audit and make assessments, the keeping of books and records, and interest and penalties on delinquent taxes apply. The surcharge may not be included in the computation of estimated taxes nor does the dealer's credit for collecting taxes or fees apply to the surcharge.
(H) The Department of Revenue shall retain funds for the incremental cost to administer the program. The Department of Revenue may promulgate regulations and may prescribe and publish forms as may be necessary to effectuate the purposes of this section.
(I) The Department of Revenue may establish audit procedures and assess delinquent surcharges.
(J) Perchloroethylene and Stoddard solvent used for drycleaning exported from the first storage facility at which it is held in this State by the producer or importer is exempt from the surcharge pursuant to this section. Anyone exporting perchloroethylene or Stoddard solvent on which the surcharge has been paid may apply for a refund or credit. The Department of Revenue may require information as it considers necessary in order to approve the refund or credit.
(K) The Department of Revenue may authorize:
(1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarter did not exceed one hundred dollars;
(2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six months did not exceed two hundred dollars;
(3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve months did not exceed four hundred dollars.
Section 44-56-485. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that is in existence on July 1, 1995, that drycleans with Stoddard solvents or its breakdown products only. However, an owner or operator of a facility or person may elect to place the facility under the provisions of this article by paying the required annual fee for the facility before October 1, 1995. If an owner or operator of a facility or person does not elect to place a facility under this article before October 1, 1995, the current or a future owner or operator of the site or person is prohibited from receiving any funds or assistance under this article. Failure to pay the required annual fee by October 1, 1995, constitutes electing not to place a facility under this article. Additionally, an owner, operator, or person who does not elect to place a facility under this article is prohibited from receiving any funds or assistance under this article for any site the owner, operator, or person currently or previously operated or abandoned.
(B) A drycleaning facility in existence on July 1, 1995, that uses perchloroethylene and Stoddard solvent or their breakdown products may elect to remove the facility from the requirements of this article if the election is made before October 1, 1995. Failure to pay the required annual fee by October 1, 1995, constitutes electing to remove a facility from the requirements of this article. An owner, operator, or person of a facility using perchloroethylene and Stoddard solvents or their breakdowns may not elect to remove a facility from the requirements of this article for one solvent and not the other.
Section 44-56-490. (A) Whenever the department division finds that a person is in violation of a provision of this article or a regulation promulgated under this article, the department division may issue an order requiring the owner, operator, or person to comply with the provision or regulation or the department division may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.
(B) An owner, operator, or person who violates a provision of this article, a regulation promulgated under this article, or an order of the department division issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each day of violation.
(C) An owner, operator, or person who wilfully violates a provision of this article, a regulation promulgated under this article, or an order of the department division issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.
Section 44-56-495. (A) There is created the Drycleaning Advisory Council to advise the Department of Health and Environmental Control division on matters relating to regulations and standards which affect drycleaning and related industries.
(B) The council is composed of:
(1) five representatives of the drycleaning industry;
(2) one representative of the wholesale industry;
(3) one representative of the real estate industry;
(4) one environmental engineer;
(5) one representative of the banking industry;
(6) two representatives from the Department of Health and Environmental Control division, one of whom must be an administrator and one of whom must represent water quality control;
(7) a representative of the Department of Revenue;
(8) a representative of the Department of Insurance;
(9) a representative of the State Budget and Control Board;
(10) a representative of the Department Division of Natural Resources, Division Office of Water Resources.
(C) Members enumerated in subsection (B)(1) through (5) may be appointed by the Governor with the advice and consent of the Senate and shall serve terms of two years and until their successors are appointed and qualify. The members enumerated in subsection (B)(6) through (10) must be appointed by the respective directors or commissioner of the appropriate agency, and all serve ex officio for terms of two years and until their successors are appointed and qualify. The chairman of the council must be elected by the members of the council at the first meeting of each new term."
SECTION 32. Section 44-56-510 of the 1976 Code is amended to read:
"Section 44-56-510. Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal;
(2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department division a fee of thirteen dollars and seventy cents a ton."
SECTION 33. Article 7, Chapter 56, Title 44 of the 1976 Code is amended to read:
Section 44-56-710. The purpose of the voluntary cleanup program is to:
(1) return to use industrial and commercial facilities whose redevelopment is complicated by real or perceived environmental contamination;
(2) provide an incentive to conduct response actions at a site by providing nonresponsible parties State CERCLA liability protection or by providing responsible parties with a covenant not to sue; and
(3) provide reimbursement to the department division for oversight costs.
Section 44-56-720. As used in this article:
(1) 'CERCLA' means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. 9601, et seq.
(2) 'Contaminant' includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; 'contaminant' does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.
(3) 'Department' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(4) 'Nonresponsible party' means any party which is neither:
(i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor
(ii) a parent, subsidiary of, or successor to a responsible party.
(5) 'Oversight costs' means those costs, both direct and indirect, incurred by the department division in implementing the Voluntary Cleanup Program.
(6) 'Property' means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.
(7) 'Response action' means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.
(8) 'Responsible party' means:
(a) the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility;
(b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of;
(c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances; and
(d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance.
(9) 'Site' means all areas where a contaminant has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; 'site' does not include any consumer product in consumer use or any vessel, as defined in CERCLA Section 101 (28).
(10) 'Voluntary cleanup' means a response action taken under and in compliance with this article.
(11) 'Voluntary cleanup contract' means a contract entered into between the department division and a responsible or nonresponsible party to conduct a voluntary cleanup.
Section 44-56-730. (A) A site known or perceived to be impacted by a contaminant is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.
(B) A responsible party who is not subject to a department division order or permit for assessment and remediation is eligible to participate in the voluntary cleanup program for that site.
(C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract are eligible to participate in the voluntary cleanup program.
Section 44-56-740. (A)(1) A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and provisions from written progress reports;
(b) a grant of access to perform and oversee response actions; and
(c) a legal description of the property.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release of covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory to the contract;
(b) does not limit the right of the department division to undertake future response actions; and
(c) is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract.
(3) After signing a voluntary cleanup contract, the responsible party shall prepare and submit the appropriate work plans and reports to the department division. The department division shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department division shall notify the party concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the responsible party's signatories, parents, successors, assigns, and subsidiaries.
(5) A voluntary cleanup contract must give the responsible party the department's division's covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports. The covenant not to sue must be contingent upon the department's division's determination that the responsible party successfully and completely complied with the contract.
(B)(1) Upon completion of the contract, the responsible party must submit a request to the department division for a certificate of completion. If the department division determines that a responsible party has successfully and completely complied with the contract and has successfully completed the voluntary cleanup approved under this article, the department division shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:
(a) provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries;
(b) indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department division and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and
(c) include a legal description of the site and the name of the site's owner.
(2) If the department division determines that the responsible party has not completed the contract satisfactorily, the department division shall notify in writing the responsible party and the current owner of the site, if different from the responsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.
(3) The covenant not to sue is revoked for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.
(C) The department division shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200.
(D) Public participation procedures for a voluntary cleanup contract entered into by a responsible party shall follow the same guidelines for public participation as those for the State CERCLA program and not inconsistent with the National Contingency Plan.
(E)(1) The department division or the responsible party may terminate a voluntary cleanup contract by giving thirty days advanced written notice to the other. The department division may not terminate the contract without cause.
(2) The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the responsible party does not pay the department division oversight costs associated with the voluntary cleanup in a timely manner, the department division may bring an action to recover the amount owed and all costs incurred by the department division in bringing the action including, but not limited to, attorney's fees, department division personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department division has under any law to require additional response actions or recover costs.
(F) The department's division's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-750. (A)(1) Before entering into a voluntary cleanup contract, the nonresponsible party must:
(a) submit to the department division its proposed scope of work;
(b) identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract;
(c) provide a legal description of the property; and
(d) identify the business activities planned to be carried out on the property.
(2) Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department division that:
(a) it is not a responsible party at the site;
(b) it is not a parent, successor, or subsidiary of a responsible party at the site;
(c) its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and
(d) it is financially viable to meet the obligations under the contract.
(B)(1) A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and provisions for written progress reports;
(b) a grant of access to perform and oversee response actions;
(c) a legal description of the property;
(d) a provision for the department division to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and
(e) a provision that the department division has an irrevocable right of access to the property once the property is acquired by the nonresponsible party. The right of access remains until a complete remediation is accomplished for unrestricted use.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory to the contract;
(b) does not limit the right of the department division to undertake future response actions;
(c) is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract;
(d) does not release the nonresponsible party from liability for any contamination that the nonresponsible party causes or contributes to the site; and
(e) becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract.
(3) After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the appropriate work plans and reports to the department division. The department division shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department division shall notify the party concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the department's division's sole discretion, provide a measurable benefit to the State, the community, or the department division.
(5) After considering existing and future use or uses of the site, the department division may approve submitted work plans or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a site as long as the response action:
(a) is consistent and compatible with the proposed future use of the site;
(b) will not contribute to or exacerbate discharges, releases, or threatened releases;
(c) will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases; and
(d) requires deed notices or restrictions, or both, determined appropriate by the department division, to be placed on the property after completion of the work plan.
(6) A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors. A voluntary cleanup contract executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.
(7) The voluntary cleanup contract may provide the nonresponsible party protection from claims for contribution under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200, et seq. of the 1976 Code regarding environmental conditions at the site before the signing of the contract. This protection may be granted at the conclusion of the period allowed for comment from the site's potentially responsible parties as identified through a reasonable search.
(C)(1) Upon completion of the contract, the nonresponsible party must submit a request to the department division for a certificate of completion. If the department division determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department division shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:
(a) provide the department's division's covenant not to sue the nonresponsible party for State CERCLA liability, except for releases and consequences that the nonresponsible party causes. This liability protection must not be granted or must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing failure to disclose material information, or failure to satisfactorily complete the approved work plan;
(b) indicate the proposed future land use and if a restrictive covenant is required, include a copy of the restrictive covenant to be entered into between the department division and the nonresponsible party and record the restrictive covenant with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and
(c) include a legal description of the property and the name of the property's owner.
(2) If the department division determines that the nonresponsible party has not completed the contract satisfactorily, the department division shall notify in writing the nonresponsible party and the current owner of the site, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.
(3) The State CERCLA liability protection is revoked if for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.
(D) The department division shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200.
(E)(1) Upon signature of a voluntary cleanup contract by a nonresponsible party, the department division shall provide notice and opportunity for public participation. Notification of the proposed contract must be placed in a newspaper in general circulation within the affected community. A comment period must be provided for thirty days from the date of newspaper publication. The public notice period must precede the department's division's scheduled date for execution of the contract. A public meeting must be conducted upon request to the department's division's Bureau of Land and Waste Management by twelve residents of South Carolina or an organization representing twelve or more residents of South Carolina. Under any other circumstances, a public meeting may be conducted at the department's division's discretion.
(2) Beginning with the thirty-day notice period and continuing through completion of the terms of the contract, the nonresponsible party must post a sign, in clear view from the main entrance to the site, stating the name, address, and telephone number of a contact person for information describing the site's response actions and reuse.
(F)(1) The department division or nonresponsible party may terminate a voluntary cleanup contract by giving thirty days' advance written notice to the other. The department division may not terminate the contract without cause.
(2) The State CERCLA liability protection and contribution protection must be revoked for a party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department division oversight costs associated with the voluntary cleanup contract in a timely manner, the department division may bring an action to recover the amount owed and all costs incurred by the department division in bringing the action including, but not limited to, attorney's fees, department division personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department division has under any law to require additional response actions or recover costs.
(G) The department's division's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-760. Beginning in the year 2010, the department division shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements."
SECTION 34. Section 44-56-840(A)(6) of the 1976 Code is amended to read:
"(6) the Director of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources or his designee;"
SECTION 35. Chapter 67, Title 44 of the 1976 Code is amended to read:
Section 44-67-10. This chapter may be cited as the 'Litter Control Act of 1978'.
Section 44-67-20. The purpose of this chapter is to accomplish litter control throughout this State by delegating to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources the authority to conduct a continuous program to control, prevent and eliminate open dumps and litter from the State to the maximum practical extent. Every other department division of state government and all local governmental units and agencies of this State shall cooperate with the Department of Health and Environmental Control division in the administration and enforcement of this chapter. The intent of this chapter is to supplement and to coordinate existing litter and open dump control, prevention and elimination efforts and not terminate existing efforts, nor, except as specifically stated, repeal or affect any law or regulation governing or prohibiting litter or the control and disposition of solid waste.
Section 44-67-30. As used in this chapter unless the context indicates otherwise:
(1) 'Department' 'Division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(2) 'Director' means the director of the department division;
(3) 'Disposable package or container' means all packages or containers defined as such by rules and regulations adopted by the department division;
(4) 'Litter' means all waste material including but not limited to disposable packages or containers, trash, garbage or refuse, but not including the wastes of the primary processes of mining, logging, sawmilling or farming;
(5) 'Litter receptacle' means those containers adopted by the department division which may be standardized as to size, shape, capacity and color and which may bear a state anti-litter symbol, as well as any other receptacle suitable for the depositing of litter;
(6) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, trust, estate, joint structure company or any other legal entity or its legal representative, agent or assigns.
(7) 'Vehicle' means every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks;
(8) 'Watercraft' means any boat, ship, vessel, barge or other floating craft;
(9) 'Public place' means any area that is used or held out for use by the public, whether owned or operated by public or private interests.
(10) 'Open dump' means a land disposal site for solid waste which does not qualify as a sanitary landfill.
(11) 'Solid waste' means any garbage, refuse, sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities.
This term does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended.
(12) 'Sanitary landfill' means a method of disposing of solid waste on land without creating pollution, nuisances, environmental threats or hazards to public health and safety.
(13) 'Board' means the South Carolina Board of Health and Environmental Control.
Section 44-67-40. The Board is authorized to promulgate rules and regulations necessary to carry out the provisions, purposes and intent of this chapter; provided, however, that until July 1, 1979, any contracts entered into pursuant to the provisions of this chapter shall not be subject to procedural rules and regulations of any state agency.
Section 44-67-50. The director may designate trained employees of the department division to be vested with police powers to enforce and administer the provisions of this chapter and all rules and regulations adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state highway patrol officers, enforcement officers of the Natural Resources Enforcement Division Office of the Department Division of Natural Resources , fire marshals and police officers, and those employees of the Department of Health and Division of Environmental Control and the Parks, Recreation and Tourism Department vested with police powers all shall enforce the provisions of this chapter and all rules and regulations adopted thereunder and are hereby empowered to issue citations to or arrest, without warrant, persons violating any provision of this chapter or any of the rules and regulations adopted hereunder.
All of the foregoing enforcement officers may serve and execute all warrants, citations and other process issued to enforce the provisions of this chapter.
Section 44-67-60. Pertinent portions of this chapter may be posted by the department division along the public highways of this State and in all campgrounds and trailer parks, at all entrances to state parks, forest lands and recreational areas, at all public beaches and at other public places in this State where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provisions.
Section 44-67-70. The department division is authorized to solicit and accept grants or contributions from private and public sources to be used to carry out the provisions of this chapter. Notwithstanding any other provision of law, any contributions received by the department division from private sources pursuant to this section shall be treated as a tax deductible charitable or benevolent contribution for income tax purposes.
Section 44-67-80. There is hereby created an account within the state general fund to be known as the 'Litter Control Account'. Grants and contributions received by the department division pursuant to Section 44-67-70 shall be placed in this Litter Control Account. This account may be supplemented by the General Assembly through annual appropriation. The department division may make such funds available to litter control organizations as it deems appropriate and the department division shall be responsible for assuring that all entities receiving funds pursuant to the provisions of this chapter shall carry out the intent of this chapter. Utilization of funds appropriated by the General Assembly to the Litter Control Account shall be governed by line item categories in the annual general appropriation bill.
Section 44-67-90. The department division may allocate funds annually to study research and development in the field of litter control as well as to study methods for the implementation in this State of such research and development. In addition, funds may be used for the development of public educational programs concerning litter problems and grants may be made available for these purposes to those persons deemed appropriate and qualified by the commissioner. Further, any monies received by the department division may be used to match federal funds for the purpose of establishing or studying a resource recovery system.
Section 44-67-100. In addition to the direct support of tangible activities related to litter and open dump control, the department division shall:
(1) serve as the coordinating agency between the various industry and other organizations seeking to aid in the anti-litter and open dump closure effort;
(2) cooperate with local governmental and other entities to accomplish coordination of local anti-litter and open dump closure efforts;
(3) cooperate with local governmental and other entities to accomplish development of educational programs in the elementary and secondary school systems;
(4) encourage, organize and coordinate voluntary local campaigns seeking to focus the attention of the public on the programs of this State to control and remove litter and open dumps;
(5) investigate the availability of and apply for funds available from any private or public source to be used to implement the provisions of this chapter, and to coordinate and to make recommendations regarding the expenditure of all funds in the possession of private or public sources which are designated for litter control;
(6) encourage industry and other organizations which are active in anti-litter efforts to provide active cooperation with the department division so that additional effect may be given to the anti-litter and open dump closure campaign of this State;
(7) hire temporary employees including, but not limited to, students enrolled in educational institutions in South Carolina to participate in summer work programs of litter and open dump control;
(8) make demonstration grants to county and municipal governments and other state agencies;
(9) seek contributions from public and private sources;
(10) analyze the cost benefit or recycling and neutralizing litter and, whenever determined to be cost effective, promote such practices;
(11) encourage the use of litter receptacles at public places and by commercial establishments where litter is a by product of the operations of such establishments.
Section 44-67-110. The department division may hire, train and equip individuals who shall be designated Litter Control Officers who shall first attend the police academy and upon graduation shall be vested with police powers as set forth in Section 44-67-50 and whose duties shall include:
(1) educate and inform the public and commercial entities of provisions governing the regulation and control of solid wastes;
(2) periodically investigate and file written reports of the investigation to the department division on sanitary landfill operations;
(3) investigate and file written reports of the investigation on all complaints citing violations of this chapter;
(4) patrol and monitor the public highways in areas of responsibility to be designated by the department division to police violation of this chapter;
(5) issue citations for violations of this chapter;
(6) institute and prosecute actions for violations of this chapter;
(7) promote public awareness of the problems sought to be remedied by the provisions of this chapter.
Section 44-67-120. The department division shall contract with as many counties as funding permits for litter removal along public roads and beaches using prison inmates subsidized by the State on a per mile or per square mile basis. Participation by the counties shall be entirely voluntary. The rate of subsidy per mile or per square mile shall be negotiated between the department division and the counties, if necessary, taking into account specified varying conditions that affect the cost of litter removal. The rates established shall not exceed the cost of doing the same work with civilian labor. The department division shall contract initially with no more than three counties for a period of at least six months in a carefully designed and monitored experiment to determine the costs of litter removal under varying conditions. Upon completion of these experiments the board shall issue a written statement of the factors to be incorporated in determining the per mile or per square mile rate of subsidy and, subject to published alterations in this statement, shall negotiate all subsequent contracts on the basis of the factors specified in the statement.
Section 44-67-130. For the initial implementation of this chapter and to establish the 'Litter Control Account' as prescribed in Section 44-67-80 there is hereby appropriated from the general fund of the State the amount of five hundred thousand dollars. Any unexpended balance of the amount herein appropriated which remains after July 1, 1979, shall revert to the general fund of the State."
SECTION 36. Chapter 87, Title 44 of the 1976 Code is amended to read:
Section 44-87-10. As used in this chapter:
(1) 'Asbestos abatement entity' means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern as well as any governmental, religious, or social organization or union with one or more employees or members which performs asbestos removal or encapsulation.
(2) 'Asbestos project' means any activity involving the removal, encapsulation, enclosure, renovation, repair, demolition, or other disturbance of friable asbestos containing materials.
(3) 'Contractor' means any individual partnership, corporation, or other business concern that performs asbestos abatement for a building owner but that is not a permanent employee of the building owner.
(4) "Department" 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
Section 44-87-20. Asbestos abatement entities performing asbestos projects shall, before beginning work on a project, obtain an asbestos abatement license from the department division. The license must be obtained for each project, and the fee for the license is based on the square footage or linear footage of asbestos to be removed as follows:
(1) for projects, excluding special projects, removing less than two hundred fifty square feet or linear feet of asbestos - twenty-five dollars;
(2) for projects removing between two hundred fifty and ten thousand square feet or linear feet of asbestos - ten cents for each square foot or linear foot;
(3) for projects removing more than ten thousand square feet or linear feet - one thousand dollars.
The department shall retain the fees imposed by this section.
The department division may prescribe appropriate license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid. The department division may by regulation define a category of special projects and prescribe alternate procedures and fees for licensing special projects.
The department division shall retain the fees imposed by this section.
Section 44-87-30. Contractors, supervisors, workers, air sampling professionals, and consultants engaged in an asbestos project shall obtain an annual license from the department division according to the following schedule:
(1) contractor - one hundred dollars;
(2) supervisor - fifty dollars;
(3) worker - ten dollars;
(4) air sampling professional - one hundred dollars;
(5) consultant - one hundred dollars. Licenses are valid for one year from the date of issue. The department division may prescribe license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid. The department division by regulation may define other categories and requirements for licensing of personnel who perform asbestos abatement work on special projects.
The department division shall retain the fees imposed by this section.
Section 44-87-40. The department division may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.
Section 44-87-50 In addition to any other penalties provided by law or regulation, any person violating the provisions of this chapter may be assessed a civil penalty by the department division in an amount not exceeding one thousand dollars for each violation."
SECTION 37. Chapter 93, Title 44 of the 1976 Code, as last amended by Act 389 of 2002, is further amended to read:
Section 44-93-10. This chapter may be cited as the 'South Carolina Infectious Waste Management Act'.
Section 44-93-20. (A) 'Infectious waste' or 'waste' means:
(1) sharps;
(2) cultures and stocks of infectious agents and associated biologicals;
(3) human blood and blood products;
(4) pathological waste;
(5) contaminated animal carcasses, body parts, and bedding of animals intentionally exposed to pathogens; and
(6) isolation waste pursuant to the 'Guidelines for Isolation Precautions in Hospitals', Centers for Disease Control.
Nothing in this chapter prohibits a generator of infectious wastes from designating and managing wastes in addition to those listed above as infectious wastes.
(B) 'Infectious waste management' means the systematic control of the collection, source separation, storage, transportation, treatment, and disposal of infectious wastes.
(C) 'Board' means the South Carolina Board of Health and Environmental Control the Department of Environment and Natural Resources which is charged with responsibility for implementation of the Infectious Waste Management Act.
(D) 'Director' means the director of the department division or his authorized agent.
(E) 'Containment' means the packaging of infectious waste or the containers in which infectious waste is placed.
(F) 'Department' 'Division' means the Department Division of Health and Environmental Control, including personnel of the department division authorized by the board to act on behalf of the department division or board.
(G) 'Dispose' means to discharge, deposit, inject, dump, spill, leak, or place any infectious waste into or on any land or water including groundwater so that the substance may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
(H) 'Facility' means a location or site within which infectious waste is treated, stored, or disposed of.
(I) 'Generator' means the person producing infectious waste except waste produced in a private residence.
(J) 'Generator facility' means a facility that treats infectious waste that is owned or operated by a combination or association of generators, a nonprofit professional association representing generators or a nonprofit corporation controlled by generators, nonprofit foundation of hospitals, or nonprofit corporations wholly owned by hospitals, if the waste is generated in this State and treatment is provided on a nonprofit basis.
(K) 'Person' means an individual, partnership, co-partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, county, or local government, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns.
(L) 'Storage' means the actual or intended holding of infectious wastes, either on a temporary basis or for a period of time, in the manner as not to constitute disposing of the wastes.
(M) 'Transport' means the movement of infectious waste from the generation site to a facility or site for intermediate storage.
(N) 'Treatment' means a method, technique, or process designed to change the physical, chemical, or biological character or composition of infectious waste so as to sufficiently reduce or eliminate the infectious nature of the waste.
(O) 'Expand' means an increase in the capacity of the facility or an increase in the quantity of infectious waste received by a facility that exceeds a permit condition.
Section 44-93-30. The department division shall promulgate regulations, procedures, or standards necessary to carry out the provisions of this chapter and to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound infectious waste management. The regulations must address, without limitation, criteria for determining whether waste is within the definition of infectious waste, standards for containment, storage, and treatment of infectious waste, report and recordkeeping requirements, procedures and requirements for registration as generators, facilities, and transporters of infectious waste, and for conditions and issuance of permits.
Section 44-93-40. (A) To carry out the provisions and purposes of this chapter, the department division may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or facility in which infectious waste is generated or managed; and issue, deny, revoke, suspend, or modify registration, permits, or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites. No permit or registration may be revoked without first providing an opportunity for a hearing as provided pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
(B) After the declaration of a public health emergency, as defined in Section 44-4-130, the department division may exercise, for such period as the state of public health emergency exists, the following powers, in addition to any existing powers it has, for the safe disposal of infectious waste:
(1) to adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;
(2) to require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State, and any landfill business or other such property, to accept infectious waste or provide services or the use of the business, facility, or emergency. When necessary during the state of the public health emergency, the business or facility must coordinate with the department division on the management or supervision of the business or facility; and
(3) to procure, by order or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State and any landfill business or other such property as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
Section 44-93-50. The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:
(1) entering the premises at any time where the infectious waste is located in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for the waste to take the steps necessary to prevent the act or eliminate the practice which constitutes the hazard;
(3) commencing an action enjoining the acts or practices. Upon a showing by the department division that a person has engaged in the acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
(4) inspecting and obtaining samples from a person of any wastes, including samples from a vehicle in which wastes are being transported, as well as samples of a container or label. If available, upon request, the department division shall provide a sample of equal volume or weight to the owner, operator, or agent in charge of the waste. The department division also shall provide the owner, operator, or agent in charge with a copy of the results of an analysis of the samples once the results have been evaluated properly by the department division to determine their validity.
Section 44-93-60. (A) Storage of infectious waste must be in such a manner and location which affords protection from animals and weather conditions and which minimize exposure to the public.
(B) Infectious waste must be segregated from other waste at the point of origin and maintained in separate containers until it is treated.
(C) Infectious waste must be contained in approved disposable or reusable containers that are appropriate for the type and quantity of waste, must withstand handling, transfer, and transportation without impairing the integrity of the container, must be closed tightly and secured, and are compatible with selected storage and treatment processes.
(D) Sharps must be contained in rigid, puncture-resistant containers which are secured tightly to preclude loss of the contents.
(E) Containers of infectious waste must be labeled properly, clearly identifiable as infectious waste, and readily distinguishable from other waste.
(F) Infectious waste must be stored under conditions and for periods of time as provided pursuant to regulations.
Section 44-93-70. (A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained and that occupational hazards are minimized.
(B) No infectious waste may be received for transportation or transported into or within this State if it is not properly contained, identified, labeled, and manifested pursuant to department division regulations.
Section 44-93-80. (A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120.
(B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated under this chapter and any other applicable state or federal law and regulations:
(1) incineration;
(2) steam sterilization;
(3) chemical disinfectant; or
(4) any other department division-approved treatment method.
(C) After treatment, the waste may be disposed of as any other waste if it is not subject to any other state or federal regulation.
(D) The following infectious waste may be disposed of pursuant to regulation before treatment:
(1) an approved liquid or semi-liquid waste may be discharged directly into a department division-approved wastewater disposal system; and
(2) recognizable human anatomical remains may be disposed of by interment.
Section 44-93-90. (A) All in-state generators of infectious waste shall register with the department division within ninety days after regulations are promulgated by the department division.
(B) Pursuant to regulations, all generators of infectious waste shall place proper, clearly legible, generator identification on all labels and containers of infectious waste before transfer or transportation.
Section 44-93-100. All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:
(1) the provisions of Section 44-93-90(A) of this chapter; and
(2) the management of the following infectious waste:
(a) sharps must be managed pursuant to this chapter and any regulations promulgated under this chapter;
(b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;
(c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;
(d) all other infectious waste may be disposed of as other solid waste.
Section 44-93-110. It is unlawful for a person who owns or operates a waste treatment, storage, or disposal facility within this State to accept any infectious waste generated in a jurisdiction which prohibits by law the treatment, storage, or disposal of that infectious waste within that jurisdiction.
Section 44-93-120. Upon promulgation of regulations as specified in Section 44-93-30, no person may operate an infectious waste treatment or disposal facility or generator facility without first obtaining a permit as required by department division regulations.
Section 44-93-125. No person may expand or construct a new facility without a permit issued by the department division. To obtain a permit, the applicant shall demonstrate the need for a facility or expansion. To determine if there is a need, infectious waste generated out-of-state may not be considered without department division approval.
This section does not apply to:
(1) facilities owned by counties, municipalities, or public service districts which accept only infectious waste generated in this State;
(2) facilities that are owned or operated by the generator of the waste and this waste is generated in this State;
(3) generator facilities; or
(4) facilities currently operating under permits issued by the department division, or to the renewal of existing permits issued by the department division if there is no expansion of the capacity as prescribed in the conditions of the permit.
Section 44-93-130. (A) The director may refuse to issue or renew a registration to transport infectious waste or a permit to operate a facility if he finds that within five years of the application for a registration or permit, the applicant has been:
(1) convicted of a crime involving moral turpitude by a court of law and all appeals have been exhausted;
(2) convicted pursuant to a violation of this chapter or any other laws of this State pertaining to solid or hazardous waste punishable as a felony; or
(3) adjudicated in contempt of a court order pertaining to the enforcement of a provision of this chapter or any other state or federal laws governing hazardous waste.
(B) The director may issue a registration or permit if the person has affirmatively demonstrated rehabilitation. The director, in making this determination, shall consider whether:
(1) the person has established formal controls and environmental auditing programs which would enhance compliance and prevent the occurrence of future violations; and
(2) the personal conduct of the person after the conviction or adjudication as it relates to the provisions and purposes of this chapter and any subsequent recommendations of other persons since rehabilitation.
Section 44-93-140. Following the promulgation of the regulations required pursuant to Section 44-93-30, it is unlawful for a person to fail to comply with this chapter or with a procedure or requirement set forth in the regulations.
Section 44-93-150. (A) Whenever the department division finds that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the department division may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or the department division may bring civil action for injunctive relief in the appropriate court; or, the department division may request that the Attorney General bring civil or criminal enforcement action under subsection (B) or (C) of this section. Violation of a court order issued pursuant to this section is contempt of the issuing court and punishable as provided by law. The department division also may invoke civil penalties as provided in this section for violations of the provisions of this chapter, including an order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department division may appeal the decision of the department division or board to the Court of Common Pleas.
(B) A person who violates a provision of Section 44-93-140 is liable for a civil penalty not to exceed ten thousand dollars a day of violation.
(C) A person who wilfully violates a provision of Section 44-93-140 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be by a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both.
(D) Each day of noncompliance with an order issued pursuant to this chapter or noncompliance with a permit, regulation, standard, or requirement pursuant to this chapter constitutes a separate offense.
Section 44-93-160. (A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter.
(B) The owner or operator of a facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control division:
(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;
(2) a check made payable to the department division for the fee due for the preceding month;
(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department division may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department division may reinstate the permit to an operator of a permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department division for reasonable cause.
(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety.
Section 44-93-165. The department division shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's division's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund.
Section 44-93-170. The department division shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds three hundred fifty thousand dollars, all fees remaining after funding the Infectious Waste Program Fund must be placed in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.
Section 44-93-180. The department division shall assign as may be necessary a health inspector to serve at a commercial infectious waste treatment facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling, treatment, and disposal of infectious waste at these sites. The department division shall establish a fee schedule to cover the costs of implementing this inspection program. The fee must be collected from the commercial infectious waste facilities based upon the amount of infectious waste received.
Section 44-93-190. This chapter does not apply to the treatment or disposal of hazardous waste regulated under the South Carolina Hazardous Waste Management Act.
Section 44-93-210. (A) Annually the department division shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste treatment facility may treat more than the amount the department division allows it to treat by permit.
(B) For purposes of this section, a permitted infectious waste treatment facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.
Section 44-93-220. From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
Section 44-93-230. The provisions of Sections 44-93-210 and 44-93-220 must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of Sections 44-93-210 and 44-93-220 which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.
Section 44-93-240. In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this section is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation."
SECTION 38. Article 1, Chapter 96, Title 44 of the 1976 Code is amended to read:
Section 44-96-10. This chapter is known and may be cited as the 'South Carolina Solid Waste Policy and Management Act of 1991'.
Section 44-96-20. (A) The General Assembly finds that:
(1) Over three million eight hundred thousand tons of solid waste are generated in South Carolina each year.
(2) On the average, each South Carolinian currently produces approximately four and one-half pounds of solid waste each day.
(3) Unless steps are taken to reduce or recycle the amount of waste produced in this State, over five million tons of solid waste will be generated annually in South Carolina by the year 2000.
(4) Approximately eighty percent of the solid waste generated in South Carolina is landfilled.
(5) There are currently some seventy-nine permitted sanitary landfills in this State.
(6) Most of the permitted landfill capacity will be used within the next ten years. Twenty-three of forty-six counties have ten years or less of landfill space remaining.
(7) Siting of solid waste facilities is becoming increasingly difficult due to the opposition of local residents.
(8) The costs of solid waste management will increase significantly due to decreased landfill capacity and more stringent federal requirements for solid waste management facilities. More stringent federal and state requirements may also force a number of existing solid waste landfills to close.
(9) Insufficient and improper methods of managing solid waste can create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, and create public nuisances.
(10) The economic growth and population growth of our State have required increased industrial production which, together with related commercial and agricultural operations to meet our needs, have resulted in increased amounts of discarded materials.
(11) The continuing technological progress and improvements in methods of manufacturing, packaging, and marketing of consumer products have resulted in an increasing amount of material discarded by the purchasers of these products, necessitating a statewide approach to assist local governments in improving solid waste management practices and to promote more efficient methods of solid waste management.
(12) The failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources, such that maximum resource recovery from solid waste and maximum recycling and reuse of these resources must be considered goals of the State.
(13) A coordinated statewide solid waste management program is needed to protect public health and safety, protect and preserve the quality of the environment, and conserve and recycle natural resources.
(14) The statewide solid waste management program should be implemented through the preparation of a state solid waste management plan and through the preparation by local governments of solid waste management plans consistent with the state plan and with this chapter.
(B) It is the purpose of this article to:
(1) protect the public health and safety, protect and preserve the environment of this State, and recover resources which have the potential for further usefulness by providing for, in the most environmentally safe, economically feasible and cost-effective manner, the storage, collection, transport, separation, treatment, processing, recycling, and disposal of solid waste;
(2) establish and maintain a cooperative state program for providing planning assistance, technical assistance, and financial assistance to local governments for solid waste management;
(3) require local governments to adequately plan for and provide efficient, environmentally acceptable solid waste management services and programs;
(4) promote the establishment of resource recovery systems that preserve and enhance the quality of air, water, and land resources;
(5) ensure that solid waste is transported, stored, treated, processed, and disposed of in a manner adequate to protect human health, safety, and welfare and the environment;
(6) promote the reduction, recycling, reuse, and treatment of solid waste, and the recycling of materials which would otherwise be disposed of as solid waste;
(7) encourage local governments to utilize all means reasonably available to promote efficient and proper methods of managing solid waste, which may include contracting with private entities to provide management services or operate management facilities on behalf of the local government, when it is cost effective to do so;
(8) promote the education of the general public and the training of solid waste professionals to reduce the generation of solid waste, to ensure proper disposal of solid waste, and to encourage recycling;
(9) encourage the development of waste reduction and recycling programs through planning assistance, technical assistance, grants, and other incentives;
(10) encourage the development of the state's recycling industries by promoting the successful development of markets for recycled items and by promoting the acceleration and advancement of the technology used in manufacturing processes that use recycled items;
(11) establish a leadership role for the State in recycling efforts by requiring the General Assembly, the Governor's Office, the Judiciary, and all state agencies to separate solid waste for recycling and by granting a preference in state procurement policies to products with recycled content;
(12) require counties to develop and implement source separation, resource recovery, or recycling programs, or all of the above, or enhance existing programs so that valuable materials may be returned to productive use, energy and natural resources conserved, and the useful life of solid waste management facilities extended;
(13) require local governments and state agencies to determine the full cost of providing storage, collection, transport, separation, treatment, recycling, and disposal of solid waste in an environmentally safe manner; and
(14) encourage local governments to pursue a regional approach to solid waste management.
Section 44-96-30. This chapter does not apply to hazardous waste regulated under the South Carolina Hazardous Waste Management Act, to infectious waste regulated under the South Carolina Infectious Waste Management Act, to radioactive waste regulated under the South Carolina Atomic Energy and Radiation Control Act, to the Southeast Interstate Radioactive Waste Compact, or to refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.
Section 44-96-40. As used in this chapter:
(1) 'Beverage' means beer or malt beverages, mineral water, soda water, and similar carbonated soft drinks in liquid form, and all other liquids intended for human consumption, except for liquids marketed for and intended for consumption for medicinal purposes.
(2) 'Beverage container' means the individual, separate, and sealed glass, aluminum or other metal, or plastic bottle, can, jar, or carton containing beverage intended for human consumption.
(3) 'Collection' means the act of picking up solid waste materials from homes, businesses, governmental agencies, institutions, or industrial sites.
(4) 'Compost' means the humus-like product of the process of composting waste.
(5) 'Composting facility' means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material.
(6) 'Construction and demolition debris' means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. The wastes include, but are not limited to, bricks, concrete, and other masonry materials, soil, rock, lumber, road spoils, paving material, and tree and brush stumps, but does not include solid waste from agricultural or silvicultural operations.
(7) 'County solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-96-80.
(8) 'Degradable', with respect to any material, means that the material, after being discarded, is capable of decomposing to components other than heavy metals or other toxic substances after exposure to bacteria, light, or outdoor elements.
(9) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(10) 'Discharge' means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of solid waste, including leachate, into or on any land or water.
(11) 'Disposal' means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
(12) 'Energy recovery' means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom.
(13) 'Facility' means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. A facility may consist of several treatment, storage, or disposal operational units, including, but not limited to, one or more landfills, surface impoundments, or combination thereof.
(14) 'For hire motor carrier' means a company operating a fleet of vehicles used exclusively in the transportation of freight for compensation.
(15)'Generation' means the act or process of producing solid waste.
(16) 'Groundwater' means water beneath the land surface in the saturated zone.
(17) 'Hazardous waste' has the meaning provided in Section 44-56-20 of the South Carolina Hazardous Waste Management Act.
(18) 'Incineration' means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials.
(19) 'Industrial waste' means solid waste that results from industrial processes including, but not limited to, factories and treatment plants.
(20) 'Infectious waste' has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act.
(21) 'Land-clearing debris' means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvicultural operations.
(22) 'Landfill' means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.
(23) 'Lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications.
(24) 'Lead-acid battery collection facility' means a facility authorized by the Department of Health and Environmental Control division to accept lead-acid batteries from the public for temporary storage prior to recycling.
(25) 'Local government' means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services.
(26) 'Materials Recovery Facility' means a solid waste management facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(27) 'Motor oil' and 'similar lubricants' mean the fraction of crude oil or synthetic oil that is classified for use in the crankcase, transmission, gearbox, or differential of an internal combustion engine, including automobiles, buses, trucks, lawn mowers and other household power equipment, industrial machinery, and other mechanical devices that derive their power from internal combustion engines. The terms include re-refined oil but do not include heavy greases and specialty industrial or machine oils, such as spindle oils, cutting oils, steam cylinder oils, industrial oils, electrical insulating oils, or solvents which are not sold at retail in this State.
(28) 'Municipal solid waste landfill' means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. The landfill may also receive other types of solid waste, such as commercial waste, nonhazardous sludge, and industrial solid waste.
(29) 'Office' means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources pursuant to Section 44-96-110.
(30) 'Owner/operator' means the person who owns the land on which a solid waste management facility is located or the person who is responsible for the overall operation of the facility, or both.
(31)'Person' means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(32) 'Plastic bottle' means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons.
(33) 'Plastic container' means any container having a wall thickness of not less than one one-hundredth of an inch used to contain beverages, foods, or nonfood products and composed of synthetic polymeric materials.
(34) 'Recovered materials' means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. At least seventy-five percent by weight of the materials received during the previous calendar year must be used, reused, recycled, or transferred to a different site for use, reuse, or recycling in order to qualify as a recovered material.
(35) 'Recovered Materials Processing Facility' means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. The term does not include a solid waste processing facility; however, solid waste generated by a recovered material processing facility is subject to all applicable laws and regulations relating to the solid waste. The term does not include facilities which thermally treat solid waste principally for volume reduction or for reduction of contaminants. Records must be kept documenting the amount by weight of materials that are received at the facility and used, reused, or recycled or transferred to another site for use, reuse, or recycling. Records must also be kept which clearly document the location of final disposition of the materials. Records must be made available for inspection by department division personnel upon request.
(36) 'Recyclable material' means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
(37) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting).
(38) 'Region' means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department division pursuant to Section 44-96-80.
(39) 'Regional solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to Section 44-96-80.
(40) 'Resource recovery' means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling.
(41) 'Resource recovery facility' means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source.
(42) 'Reuse' means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.
(43) 'Rigid plastic container' means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons.
(44) 'Sanitary landfill' means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards and meets the design and operation requirements of this chapter.
(45) 'Secondary lead smelter' means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries.
(46) 'Solid waste' means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.
(47) 'Solid waste disposal facility' means any solid waste management facility or part of a facility at which solid waste is intentionally placed into or on any land or water and at which waste will remain after closure.
(48) 'Solid waste management' means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste.
(49) 'Solid waste management facility' means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. The term does not include a recovered materials processing facility or facilities which use or ship recovered materials, except that portion of the facilities which is managing solid waste.
(50) 'Solid Waste Management Grant Program' means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-96-130.
(51) 'Solid Waste Management Trust Fund' means the trust fund established within the Department of Health and Environmental Control division pursuant to Section 44-96-120.
(52) 'Source reduction' means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging.
(53) 'Source separation' means the act or process of removing a particular type of recyclable material from other waste at the point of generation or under control of the generator for the purposes of collection, disposition, and recycling.
(54) 'Specific wastes' means solid waste which requires separate management provisions, including plastics, used oil, waste tires, lead-acid batteries, yard trash, compost, and white goods.
(55) 'State solid waste management plan' means the plan which the Department of Health and Environmental Control division is required to submit to the General Assembly and to the Governor pursuant to Section 44-96-60.
(56) 'Storage' means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if the solid waste in such containers is collected at least once a week, shall not constitute 'storage' for purposes of this chapter. The term does not apply to containers provided by or under the authority of a county for the collection and temporary storage of solid waste prior to disposal.
(57) 'Surface water' means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private.
(58) 'Tire' means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in Section 56-3-20(2), (4), and (13). It does not include an industrial press-on tire, with a metal or solid compound rim, which may be retooled.
(59) 'Tire retailing business' means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale.
(60) 'Transport' means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal.
(61) 'Transporter' means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water.
(62) 'Treatment' means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to storage, recovery, or recycling, safe for disposal, or reduced in volume or concentration.
(63) 'Used oil' means oil that has been refined from crude oil or synthetic oil and that has been used and, as a result of that use, is contaminated by physical or chemical impurities.
(64) 'Used oil collection center' means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling.
(65) 'Used oil energy recovery facility' means a facility that burns more than six thousand gallons of used oil annually for energy recovery.
(66) 'Used oil recycling facility' means a facility that recycles more than six thousand gallons of used oil annually.
(67) 'Waste tire' means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
(68)(a) 'Waste tire collection facility' means a permitted facility used for the storage of waste tires or processed tires before recycling, processing, or disposal.
(b) 'Waste tire disposal facility' means a permitted facility where processed waste tires are placed on the land in a manner which constitutes disposal.
(c) 'Waste tire processing facility' means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. The term includes mobile waste tire processing equipment.
(d) 'Waste tire recycling facility' means a permitted facility where waste tires are used as a fuel source or returned to use in the form of products or raw materials.
(69) 'Waste tire hauler' means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal.
(70) 'Waste tire site' means an establishment, site, or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storing, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:
(a) all vehicles serviced are owned or leased by the owner or operator of the service facility;
(b) no more than two hundred waste tires are accumulated for a period of not more than thirty days at a time;
(c) the facility does not accept any tires from sources other than its own; and
(d) all waste tires are stored under a covered structure.
(71) 'Waste tire treatment site' means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires.
(72) 'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction.
(73) 'White goods' include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances.
(74) 'Yard trash' means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.
Section 44-96-50. (A) It is the policy of this State to promote appropriate methods of solid waste management prior to utilizing the options of disposal in landfills, treatment or disposal by incineration or other treatment, storage, or disposal methods, and to assist local government with solid waste management functions. In furtherance of this state policy, it shall be preferable to reduce the production and generation of waste at the source and to promote the reuse and recycling of materials rather than the treatment, storage, or disposal of wastes by landfill disposal, incineration, or other management methods designed to handle waste after it enters the waste stream.
It is the policy of this State that the methods of management of solid waste shall protect public health, safety, and the environment by employing the best available technology which is economically feasible for the control of pollution and the release of hazardous constituents into the environment. Such methods shall be implemented in a manner to maximize the reduction of solid waste through source reduction, reuse, and recycling.
(B) It is the policy of this State to encourage research by private entities, by state agencies, and by state-supported educational institutions into the reduction of solid waste production and generation.
(C) It is the policy of this State to encourage a regional approach to solid waste management.
(D) It is the goal of this State to reduce, on a statewide per capita basis, the amount of municipal solid waste being generated to 3.5 pounds per day not later than June 30, 2005.
(E) It is the goal of this State to recycle, on a statewide basis, at least thirty-five percent, calculated by weight, of the municipal solid waste stream generated in this State no later than June 30, 2005.
(F) It is the goal of this State to continue setting new and revised solid waste recycling and waste reduction goals after June 30, 2005. These goals must be established in a manner so as to attempt to further reduce the flow of solid waste being disposed of in municipal solid waste landfills and solid waste incinerators.
(G) It is the policy of this State that each county or region make every effort to meet, on an individual basis, the state solid waste recycling and reduction goals and that each county or region, and municipalities located therein, which meet this goal be financially rewarded by the State.
(H) For the purposes of Sections 44-96-50 and 44-96-60, 'municipal solid waste' includes, but is not limited to, wastes that are durable goods, nondurable goods, containers and packaging, food scraps, yard trimmings, and miscellaneous inorganic wastes from residential, commercial, institutional, and industrial sources including, but not limited to, appliances, automobile tires, old newspapers, clothing, disposable tableware, office and classroom paper, wood pallets, and cafeteria wastes. 'Municipal solid waste' does not include solid wastes from other sources including, but not limited to, construction and demolition debris, auto bodies, municipal sludges, combustion ash, and industrial process wastes that also might be disposed of in municipal waste landfills or incinerators.
Section 44-96-60. (A) Not later than eighteen months after this chapter is effective, the department division shall submit to the Governor and to the General Assembly a state solid waste management plan. All regulations promulgated by the department division in accordance with this chapter are subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act. The plan shall, at a minimum, include:
(1) an inventory of the amounts and types of solid waste currently being disposed of at solid waste disposal facilities in this State, both in the municipal solid waste stream and in the industrial solid waste stream;
(2) an estimate of solid waste which will require disposal at solid waste disposal facilities in this State projected for the twenty-year period following this chapter's effective date;
(3) an estimate of the current capacity in this State to manage solid waste, including an identification of each solid waste management facility and a projection of its remaining useful life;
(4) an evaluation of current solid waste management practices, including without limitation waste reduction, recycling, incineration, storage, processing, disposal, and export;
(5) an analysis of the types of solid waste facilities which will be needed to manage the state's solid waste during the projected twenty-year period;
(6) a description of procedures by which the State may facilitate the siting, construction, and operation of new facilities needed to manage the state's solid waste over the projected twenty-year period;
(7) an evaluation of existing local government solid waste management programs, including recommendations, if necessary, on ways to improve such programs;
(8) a description of the means by which the State shall achieve its statewide solid waste recycling and reduction goals; including recommendations on which categories of solid waste materials should be recycled;
(9) procedures and requirements for meeting state goals for waste reduction and recycling, including composting, and objectives for waste-to-energy implementation and sanitary landfilling;
(10) a description of existing state programs and recommendations for new programs or activities that will be needed to assist local governments in meeting their responsibilities under this article, whether by financial, technical, or other forms of aid;
(11) procedures by which local governments and regions may request assistance from the department division;
(12) procedures for encouraging and ensuring cooperative efforts in solid waste management by the State, local governments, and private industry, including a description of the means by which the State may encourage local governments to pursue a regional approach to solid waste management;
(13) minimum standards and procedures developed after consulting with local government officials which must be met by a county or region in its solid waste management plan, including the procedures which will be used to provide for input from private industry and from private citizens;
(14) a comprehensive analysis of the amounts and types of hazardous waste currently being disposed of in municipal solid waste landfills and recommendations regarding more appropriate means of managing such waste;
(15) a description of the public education programs to be developed in consultation with local governments, other state agencies, and business and industry organizations to inform the public of solid waste management practices in this State and the need for and the benefits of recycling, reduction, and other methods of managing the solid waste generated in this State;
(16) a description of the program for the certification of operators at solid waste management facilities;
(17) recommendations on whether to require that certain solid waste materials be made degradable and, if so, which categories of materials; and
(18) a fiscal impact statement identifying the costs incurred by the department division in preparing the state solid waste management plan and which will be incurred in carrying out all of the department's division's duties and responsibilities under this chapter, including the number of new employees which may be necessary, and an estimate of the revenues which will be raised by the various fees authorized by this chapter.
(B) After submission of the state solid waste management plan, the department division shall submit to the Governor and to the General Assembly by March fifteenth of each year a comprehensive report on solid waste management in this State for the previous year. The annual report shall, at a minimum, include:
(1) any revisions in the state solid waste management plan which the department division determines are necessary;
(2) a description and evaluation of the progress made in implementing the state solid waste management plan;
(3) a description and evaluation of the progress made by local governments in implementing their solid waste management plans;
(4) an inventory of the amounts and types of solid waste received, recycled, incinerated, or disposed at solid waste disposal facilities during the previous year and the methods of recycling, incineration, or disposal used including, but not limited to, paper, polystyrene, and beverage containers;
(5) a determination of the success of the State, each county or region, and municipality, if a program is in existence in the municipality, in achieving the solid waste recycling and reduction goals established in Section 44-96-50;
(6) recommendations to the Governor and to the General Assembly for improving the management of solid waste in this State; and
(7) the number of lead-acid batteries recycled.
The department division may establish procedures and promulgate regulations necessary to obtain recycling data. These procedures may include, but are not limited to, registration of municipal solid waste recyclers and requiring municipal solid waste recyclers to submit annual reports on the amounts, actual or estimated, and types of materials recycled and the county, when available, in which the materials were generated.
(C) Not later than six months after this chapter is effective, there shall be established a State Solid Waste Advisory Council. The council shall consist of the following sixteen members:
(1) twelve members appointed by the Governor which shall include one member to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; and two members shall represent municipalities to be recommended by the South Carolina Municipal Association. County, regional, and municipal representatives who are elected officials shall serve ex officio;
(2) the consumer advocate or his designee;
(3) one member to represent the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(4) the Secretary of Commerce or his designee; and
(5) one member to represent the Governor.
The members of the council in (1) above appointed after May 27, 1997, shall serve terms of four years dating from May 27, 1997, except that the member representing manufacturing interests, one member representing the solid waste disposal industry, the member representing existing private recycling industry, one member representing the general public, the member representing a county with a population of over one hundred thousand, and one municipal member must be appointed for a term of two years dating from May 27, 1997, and subsequent appointment of these members must be for a term of four years. No member appointed after May 27, 1997, may serve more than two terms. Members named in (2), (3), (4), and (5) above shall serve co-terminus with their office or at the pleasure of the respective appointing authority. No member appointed before May 27, 1997, shall serve past May 27, 2001. Members shall promulgate regulations concerning meeting attendance. The council shall advise the department division on the preparation of the state solid waste management plan, on methods of implementing the state plan on the preparation of the annual reports by the department division on solid waste management and provide technical expertise regarding solid waste management grants and planning. The council shall be provided with drafts of the plan and reports and shall be given adequate opportunity to comment. The council also shall be advised on a regular basis by the department division regarding the grant applications which have been accepted or denied under the Solid Waste Management Grant Program and on the status of the Solid Waste Management Trust Fund.
Section 44-96-80. (A) Not later than fifteen months after the date on which the department division submits its state solid waste management plan to the Governor and to the General Assembly, the governing body of each county, if the county intends to submit a single county plan, or the governing bodies of the counties in a region, if two or more counties intend to submit a regional plan, in cooperation with the local governments located in the county or region, shall prepare a solid waste management plan for the area within that county or region. Local governments within the county or region shall participate in the development of the county or regional plan and are required to be a part of the plan. This plan must provide for public participation and include, at a minimum, the following:
(1) an estimate of the amount of solid waste currently disposed of at solid waste disposal facilities within that county or region and a projection of the amount of solid waste which will be disposed of at solid waste disposal facilities during the twenty-year period following this chapter's effective date;
(2) an estimate of the current capacity within that county or region to manage solid waste, including identification of each solid waste management facility and a projection of its useful life;
(3) an analysis of the existing and new solid waste facilities which will be needed to manage the solid waste generated within that county or region during the projected twenty-year period;
(4) an estimate of the cost of implementing the solid waste management plan within that county or region;
(5) an estimate of the revenue which each local government or region needs and intends to make available to fund implementation of the solid waste management plan;
(6) an estimate of the cost of siting, constructing, and bringing into operation any new facilities needed to manage solid waste within that county or region during the projected twenty-year period;
(7) a description and estimate of the sources and amount of revenues which can be made available for the siting, construction, and operation of new solid waste management facilities;
(8) a description of resource recovery, or recycling program, or both, which shall be implemented in each county or region which shall include, at a minimum, the following:
(a) the designation of a recycling coordinator;
(b) an identification of the categories of solid waste materials to be source separated, recovered, recycled, or all of the above;
(c) an identification of the means by which such materials will be collected and marketed;
(d) a description of the incentives or penalties, or both, that will be used to ensure compliance with the recycling program; and
(e) a description of the public education program which will be used to inform the public of the need for and benefits of source separation, recovery, and recycling and of the requirements of the recycling program.
A county or region may be exempted from the requirements of Section 44-96-80(A)(8) if it provides sufficient justification to the department division that the implementation of a source separation, resource recovery, recycling program, or all of the above within that county or region is economically infeasible or impracticable or that such program is unnecessary for the county or region to meet the waste recycling and reduction goals established in Section 44-96-50; and
(9) a description of efforts, in addition to the recycling program, which will be undertaken within that county or region to meet the solid waste reduction goal as established on a statewide basis in Section 44-96-50.
(B) Each county or region shall submit its solid waste management plan to the department division for review. The department division shall have one hundred eighty days from the date on which a plan is submitted to review the plan and provide comments to the submitting entity. At the end of the one hundred eighty-day review period, the county or region shall begin implementation of its solid waste management plan. Such plan must be implemented not later than one year after the end of the one hundred eighty-day review period.
(C) Each solid waste management plan submitted by a county or region shall be designed to achieve within that county or region the same recycling and waste reduction goals established on a statewide basis in Section 44-96-50. Nothing in this chapter, however, prohibits a county or region from setting higher percentage goals for recycling and waste reduction in its solid waste management plan than the goals established in Section 44-96-50. The department division may reduce or modify the statewide goals as they apply to a county or region to account for industrial growth or other good cause shown. However, reduction or modification must not result in a failure to meet the recycling and reduction goals on a statewide basis as established in Section 44-96-50.
(D) Each county or region submitting a solid waste management plan containing a source separation, resource recovery, recycling programs, or all of the above to the department division shall provide its residents with the opportunity to recycle the categories of solid waste materials designated in the county or regional solid waste management plan. The opportunity to recycle may include one or more of the following:
(1) curbside collection systems;
(2) drop-off centers;
(3) collection centers; or
(4) collection systems for multi-family residences.
(E) Each solid waste management plan submitted pursuant to this section shall be consistent with the state solid waste management plan, with the provisions of this chapter, with all other applicable provisions of state law, and with any regulation promulgated by the department division for the protection of public health and safety or for protection of the environment.
(F) Each county or region submitting a solid waste management plan to the department division shall thereafter submit an annual progress report to the department division by a date to be determined by the department division. The annual report shall contain information as may be requested by the department division but must contain, at a minimum, the following:
(1) any revisions to the solid waste management plan previously submitted by the county or region;
(2) the amount of waste disposed of at municipal solid waste disposal facilities during the previous year by type of waste;
(3) the percentage reduction each year in solid waste disposed of at municipal solid waste disposal facilities;
(4) the amount, type, and percentage of materials that were recycled, if any, during the previous year;
(5) the percentage of the population participating in various types of source separation, recovery, or recycling activities during the previous year; and
(6) a description of the source separation, recovery, or recycling activities or all of the above activities attempted, if any, their success rates, the reasons for their success or failure, and a description of such activities which are ongoing.
(G) Counties are strongly encouraged to pursue a regional approach to solid waste management. Nothing in this chapter, however, shall be construed to require a county to participate in a regional plan or to prohibit two or more counties within the State which are not contiguous from preparing, approving, and submitting a regional solid waste management plan or one or more counties, including industrial waste generators located therein, from contracting with an in-state solid waste disposal facility located outside of the county or region. Not later than eighteen months after the date of enactment of this chapter, each county shall notify the department division in writing whether it intends to submit a single county solid waste management plan or to participate in a regional plan.
(H) Local governments may enter into cooperative agreements with other local governments to provide for the collection, separation, or recycling of solid waste at mutually agreed upon sites. Local governments may expend funds received from any source to establish and maintain such regional facilities and to provide for sharing the costs of establishing and maintaining such facilities in an equitable manner.
(I) Each county or region shall ensure that all their local governments participate in the preparation and implementation of the solid waste management plan, including the source separation, resource recovery, or recycling program, or all of the above.
(J) The governing body of a county has the responsibility and authority to provide for the operation of solid waste management facilities to meet the needs of all incorporated or unincorporated areas of the county. Nothing in this chapter, however, prohibits a local government from continuing to operate or to use an existing management facility, permitted on or before this chapter is effective, in accordance with the provisions of the solid waste management plan submitted by the county or region within which the local government is located. Notwithstanding any provision of law to the contrary, a county which does not regulate the operation or closure of a solid waste management facility, or which has not obtained a permit for that solid waste management facility, shall not be held liable for the operation, closure, and postclosure of that solid waste management facility if it is owned and operated by a private entity under a permit issued by the department division. However, that inclusion in a county or regional plan shall not constitute regulation by a county or region under this section.
(K) The governing body of a county is authorized to enact such ordinances as may be necessary to carry out its responsibilities under this chapter; provided, however, that the governing body of a county may not enact an ordinance inconsistent with the state solid waste management plan, with any provision of this chapter, with any other applicable provision of state law, or with any regulation promulgated by the department division providing for the protection of public health and safety or for protection of the environment.
(L) (Reserved)
(M) Not later than eighteen months after this chapter is effective, each operator of a municipal solid waste disposal facility shall install scales conforming to requirements established by the department division to weigh and record all solid waste when it is received. The department division shall promulgate regulations exempting existing facilities which can demonstrate financial hardship and establishing a volume equivalent for such facilities to use in estimating the weight of the solid waste which they receive. All solid waste disposal facilities permitted on or after this chapter is effective shall install scales.
(N) Not later than one year after this chapter is effective, there shall be established a local Solid Waste Advisory Council for each county or region intending to submit a solid waste management plan. The local council shall advise the county or region on the preparation of the solid waste management plan and on methods of implementing the plan. The local council shall be provided with all drafts of the plan and shall be given sufficient opportunity to comment on the drafts. Each local council shall consist of not more than fifteen members. The membership of each council shall be as follows:
(1) one-third of the membership of the council shall represent the county or member counties of a region and shall be appointed by the governing body or bodies of the county or counties;
(2) one-third of the membership of the council shall represent the municipalities within the county or region and shall be appointed by the governing body or bodies of the municipalities within the county or region; and
(3) one-third of the membership of the council shall include a representative of the private solid waste management industry and a representative of the private recycling or processing industry, if any, operating within the county or region, and at least two members shall represent the general public and have been active in public participation on environmental issues for the past five or more years. These members shall be appointed by the county and municipal representatives serving on the council. Each local council shall elect a chairman and vice-chairman from among its members. Members shall promulgate regulations concerning meeting attendance. Each council shall, at a minimum, remain in existence until the end of the one hundred eighty-day review period for the plans, but may remain in existence for a longer period of time as determined by its appointing entities. The comments of a local council on the final solid waste management plan shall be forwarded to the department division when the final plan is submitted.
(O) Any amendments to a county or regional solid waste management plan must be adopted and implemented in the same manner as provided for in the initial plan.
(P) This chapter does not:
(1) authorize a local government to enter into agreements or to enact ordinances or resolutions determining private rights with respect to recovered materials in solid waste separated for recycling use or reuse at any time prior to pickup by or delivery to a local government or persons under contract with the local government; or
(2) prohibit a generator of recovered materials from selling, conveying, or arranging for the transportation of materials to a recycler for recycling nor prevent a recycling company or nonprofit entity from collecting and transporting recovered materials from a buy-back center, drop box, or a generator of recovered materials.
Section 44-96-90. (A) Not later than one year after this chapter is effective, the department division shall promulgate regulations establishing the method for local governments to use in calculating the full cost for solid waste management within the service area of the local government which, at a minimum, shall include the provisions of subsections (C), (D), and (E)of this section. The department division shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.
(B) Not later than one year after promulgation of the regulations provided in Section 44-96-80(A), and annually thereafter, each local government shall determine its full cost for its solid waste management services within its service area for the previous year. Each local government shall publish annually a notice in a newspaper of general circulation in its service area setting forth the full cost and the cost to residential and nonresidential users, on an average or individual basis of its solid waste management services within its service area for the previous year. In calculating the costs, local governments must include costs charged to them by persons with whom they contract for solid waste management services.
(C) For local governments which provide collection, recycling, transfer station services, or all three services, 'full cost' shall, at a minimum, include an itemized accounting of:
(1) the cost of equipment, including, but not limited to, trucks, containers, compactors, parts, labor, maintenance, depreciation, insurance, fuel and oil, and lubricants for equipment maintenance;
(2) the cost of overhead, including, but not limited to, supervision, payroll, land, office and building costs, personnel and administrative costs of running the waste management program, and support costs from other departments, government agencies, and outside consultants or firms;
(3) the cost of employee social security, worker's compensation, pension and health insurance payments; and
(4) disposal cost and laboratory and testing costs.
(D) For local governments which provide disposal services, 'full cost' shall, at a minimum, include an itemized accounting of:
(1) the cost of land, disposal site preparation, permits and licenses, scales, buildings, site maintenance and improvements;
(2) the cost of equipment, including operation and maintenance costs such as parts, depreciation, insurance, fuel and oil, and lubricants;
(3) the cost of labor and overhead, including, but not limited to, supervision, payroll, office and building costs, personnel and administrative costs of running the waste management program, and support costs from, and studies provided by, other departments, government agencies, and outside consultants or firms;
(4) the cost of employee social security, worker's compensation, pension and health insurance payments; and
(5) disposal costs, leachate collection and treatment costs, site monitoring costs, including, but not limited to, sampling, laboratory and testing costs, environmental compliance inspections, closure and postclosure expenditures, and escrow, if required.
(E) For purposes of this section, 'service area' means the area in which the local government provides, directly or by contract, solid waste management services.
(F) A person operating under an agreement to collect or dispose of solid waste within the service area of a local government or region shall assist and cooperate with the local government or region to make the calculations or to establish a system to provide the information required under this section. However, contracts entered into prior to the effective date of this chapter are exempt from the provisions of this section.
Section 44-96-100. (A) Whenever the department division determines that a person is in violation of a regulation promulgated pursuant to this article regarding Sections 44-96-160(X) (Used Oil), 44-96-170(H) (Waste Tires), or 44-96-190(A) (Yard trash, compost), the department division may issue an order requiring the person to comply with the regulation or the department division may bring civil action for injunctive relief in the appropriate court or the department division may request that the Attorney General bring civil or criminal enforcement action under this section. The department division also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A). After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department division may appeal the decision of the department division or board of to the court of common pleas, pursuant to the Administrative Procedures Act.
(B) A person who wilfully violates a regulation promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.
(C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established under Sections 44-96-160, 44-96-170, or 44-96-190 constitutes a separate offense.
(D) In addition to the other powers and duties set forth in this article, the department division shall:
(1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan;
(2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article;
(3) provide to local governments, upon request, planning and technical assistance in preparing and implementing their solid waste management plans;
(4) provide to state agencies, upon request, planning and technical assistance in carrying out their responsibilities under this article;
(5) cooperate and coordinate with federal agencies in carrying out federal and state solid waste management requirements, including seeking available federal grants and loans for solid waste management plans and activities in this State;
(6) cooperate and coordinate with private organizations and with business and industry in implementing the requirements of this article;
(7) encourage counties to pursue a regional approach to solid waste management within a common geographical area;
(8) contract as needed with private entities or with state-supported educational institutions to carry out the department's division's responsibilities under this article, and contract with private entities or with state-owned educational institutions to conduct research on solid waste management technologies;
(9) receive appropriated funds and receive and administer grants or other funds or gifts from public or private entities, including the state and the federal government, to carry out the requirements of this article; and
(10) increase public awareness of solid waste management issues through appropriate statewide educational programs on recycling, volume reduction, litter control, proper methods of managing solid waste, and other related issues.
Section 44-96-105. All regulations promulgated by the department division pursuant to this chapter must be in consultation with officials representing local governments which own or operate municipal solid waste disposal facilities, pursuant to the Administrative Procedures Act.
Section 44-96-110. (A) Ninety days after this chapter is effective there shall be established within the department division an Office of Solid Waste Reduction and Recycling which shall promote and assist in the development of source separation, recovery, and recycling programs for local governments and for private entities under a contractual agreement with local governments or state-supported institutions. The Office of Solid Waste Reduction and Recycling shall be separate from, and shall not participate in, any of the regulatory functions of the department division with regard to solid waste management.
(B) The Office of Solid Waste Reduction and Recycling shall have the following duties and responsibilities:
(1) receive funds for and disburse funds from the Solid Waste Management Trust Fund established in Section 44-96-120;
(2) manage the Solid Waste Management Grant Program established in Section 44-96-130;
(3) promote and assist in the development of solid waste reduction, source separation, recycling, household hazardous materials management programs, and resource recovery programs;
(4) maintain a directory of recycling and resource recovery systems in the State and provide assistance in matching recovered materials with markets;
(5) provide for the education of the general public and the training of solid waste management professionals to encourage recycling and solid waste reduction;
(6) develop descriptive literature to educate local governments on solid waste reduction and recycling issues.
(C) The Office of Solid Waste Reduction and Recycling shall develop guidelines for the establishment and implementation of recycling education grants to school districts and public and private schools to establish waste reduction and recycling education programs. The office shall develop guidelines for the establishment and implementation of recycling education grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects. The office shall notify the superintendent of each school district and each public and private school and public and private college and university of the existence of the grant programs and provide information on how to apply for the program. Upon request of the school, the office shall provide technical assistance. The office shall determine the number of grant projects that may be feasibly initiated in a single calendar year. The office, in consultation with the Department of Education, also shall develop and make available to public and private schools, upon request, curriculum materials and resource guides for recycling awareness programs for instruction at the elementary, middle, and high school levels.
Section 44-96-120. (A) There is established a Solid Waste Management Trust Fund to be administered by the Office of Solid Waste Reduction and Recycling to fund:
(1) activities of the department division to implement the provisions of this chapter;
(2) research by state-supported educational institutions or by private entities under contract with state-supported educational institutions on solid waste management technologies;
(3) activities of the Recycling Market Development Advisory Council including its staff in the amount of one hundred thousand dollars from the Solid Waste Management Trust Fund for fiscal year 1994-95;
(4) demonstration projects or pilot programs to be conducted by local governments within their jurisdictions, including local governments which contract with private entities to assist in conducting the demonstration projects or pilot programs;
(5) grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-96-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article;
(6) grants to school districts and public and private schools to establish waste reduction and recycling education programs; and
(7) grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects.
(B) The Solid Waste Management Trust Fund shall consist of:
(1) funds appropriated by the General Assembly;
(2) contributions and grants from public and private sources;
(3) funds generated by the out-of-state disposal fee authorized pursuant to Section 44-96-80;
(4) the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-96-170(L), which is not remitted back to the counties for the management of waste tires; these funds shall be remitted to a special fund designated as the Waste Tire Trust Fund;
(5) funds generated by the two-dollar fee for each lead-acid battery fee imposed pursuant to Section 44-96-180(F)for the management of lead-acid batteries;
(6) funds generated by the two-dollar fee for each white good fee imposed pursuant to Section 44-96-200(D) for the management of white goods;
(7) funds generated by fees imposed on motor oil and similar lubricants pursuant to Section 44-96-160(V);
(8) interest earnings accrued on the Solid Waste Management Trust Fund; and
(9) three million dollars of oil overcharge refund monies to be awarded to this fund by the Governor, upon enactment of this chapter; in addition, the Office of Solid Waste Reduction and Recycling will advise the Governor on solid waste project criteria contained within oil overcharge fund competitive grant solicitations totaling one million dollars each over the next two years, to be used only for local government grants and local government demonstration projects and pilot programs. The Office of Solid Waste Reduction and Recycling and the Governor's Energy Office shall cooperate to develop the necessary application information and other documentation to implement the requirements of this appropriation.
(C) The department division shall report on a quarterly basis to the State Solid Waste Advisory Council, House Ways and Means Committee, Senate Finance Committee, and the Joint Legislative Committee on Energy on the condition of the Solid Waste Management Trust Fund and on the use of all funds allocated from the Solid Waste Management Trust Fund. Quarterly reports shall be made not later than sixty days after the last day of each fiscal quarter beginning with the first full quarter after this chapter is effective. Notwithstanding Chapter 39 of Title 11, the Department of Health and Environmental Control division, through the Office of Solid Waste Reduction and Recycling, shall make decisions on the allocation of oil overcharge funds transferred to the Solid Waste Management Trust Fund pursuant to Section 44-96-120(B)(9). The department's division's decisions shall be made upon the approval of the statewide Solid Waste Advisory Council and after consultation with the Governor's Office and the Joint Legislative Committee on Energy to ensure that the funds are administered according to decisions of the federal courts and requirements of the United States Department of Energy. If all oil overcharge funds transferred to the Solid Waste Management Trust Fund are not committed for projects or programs authorized by this chapter five years from the date this chapter is effective, they shall be returned to the Governor's Office.
(D) The electrical output from a resource recovery facility constructed in whole or in part with monies from the Solid Waste Management Trust Fund shall be sold by competitive bids or requests for proposals, wherein the contracts are awarded to the highest responsible and responsive bidder. If the highest bid does not equal or exceed the avoided cost price which could be obtained under the Public Regulatory Policy Act of 1978, said power will be disposed of pursuant to the Federal Act. For the purposes of this subsection 'responsible bidder' shall mean a corporation doing business in South Carolina who is an electric supplier as defined in Section 58-27-610, an electric cooperative incorporated under Chapter 49 of Title 33, a South Carolina municipality owning retail distribution facilities on the effective date of this chapter, or the South Carolina Public Service Authority.
(E) The revenue generated by the sale of electricity from a resource recovery facility funded in whole or in part by a grant under this section which is in whole or in part owned by a municipality, county, or consolidated political subdivision, must be used for reduction of the public cost for collection, separation, and disposal of solid waste or environmental concerns related to disposal of solid waste, including reasonable expenses of operation of the facility, or both. Revenue generated from the sale of electricity by such resource recovery facility may not be commingled with other public funds.
Section 44-96-130. (A) The Office of Solid Waste Reduction and Recycling shall establish a grant program utilizing funds within the Solid Waste Management Trust Fund to assist local governments and regions in carrying out their responsibilities under this article. Grant disbursements must be approved by the State Solid Waste Advisory Council.
(B) The department division shall ensure that all grant funds made available to local governments and regions shall be utilized for activities necessary to carry out their solid waste management responsibilities established by this article. All grant funds made available to public and private schools and public and private colleges and universities must be used for waste reduction and recycling education programs. These grants must be made available as soon as possible following the promulgation by the department division of regulations establishing the Solid Waste Management Grant Program. After the date on which county or regional solid waste management plans are required to be submitted to the department division, no local government shall be eligible for a grant from the Solid Waste Management Grant Program unless it has submitted a solid waste management plan meeting the requirements of Section 44-96-80. All regional or local government grant proposals must be consistent with the State Solid Waste Management Plan and the county or regional solid waste management plan.
(C) Solid waste management grants must be made available to local governments and regions which have been determined by the department division to be in need of assistance in carrying out their responsibilities established by this article. The department division shall use information contained in the Solid Waste Management Annual Report to determine which responsibilities of the article have not been met and which local governments are in need of assistance. The requirements of this subsection supersede all rules, regulations, standards, orders, or other actions of the department division that are not consistent with this subsection.
(D) Not later than twelve months after this chapter is effective, the Office of Solid Waste Reduction and Recycling shall promulgate regulations establishing the Solid Waste Management Grant Program. Such regulations, at a minimum, shall establish the criteria for counties, regions, and municipalities to qualify for grants, and shall set forth the procedures for applying for grants. The department division may require such information of the entity applying for the grant as is necessary to properly evaluate the grant proposal. The department division shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input before issuing proposed regulations for comment under this article.
(E) The regulations required to be promulgated by subsection (D) of this section must include procedures for any party aggrieved by a grant decision of the Office of Solid Waste Reduction and Recycling to obtain review of that decision.
Section 44-96-140. (A) Not later than twelve months after the date on which the department division 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 division and the Division of General Services of the State Budget and Control Board 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 division and the Division of General Services, 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 division 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.
(C) By November first of each year the department division 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. 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. 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 44-96-150. (A) Six months after this chapter is effective, no beverage shall be sold or offered for sale within this State in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.
(B) On or after January 1, 1994, no person may distribute, sell, or offer for sale in this State any food or drink in packages or containers, including point of sale packaging, made with fully halogenated chlorofluorocarbons (CFC's). Producers or manufacturers of all types of containers, packaging, or packing material made from fully halogenated CFC's are strongly urged to introduce alternative containers, packages, and packing materials which are environmentally acceptable as soon as possible. Not later than three years after this chapter is effective, the department division shall report to the Governor and to the General Assembly on the progress made in introducing such alternative containers, packages, and packing materials. Such report may include recommendations for legislative actions to encourage or require the development and use of such alternatives.
(C) One year after this chapter is effective, no plastic bag shall be provided at any retail outlet to any retail customer for use in carrying items purchased by that customer unless the bag is composed of material which is recyclable.
(D) One year after this chapter is effective, no plastic rings or any other device or material used to connect one container to another shall be provided at any retail outlet to any retail customer unless such rings or other device or material are degradable or recyclable. Producers of plastic ring carriers are strongly urged to introduce alternatives as soon as possible. Not later than three years after the date of enactment of this chapter, the department division shall report to the Governor and to the General Assembly on the progress made in introducing such alternative packaging or materials. Such report may include recommendations for legislative actions to encourage or require the development and use of such alternatives.
(E) One year after this chapter is effective, no person shall distribute, sell, or offer for sale in this State any polystyrene foam product for use in conjunction with food for human consumption unless such product is composed of material which is recyclable.
(F) Not later than eighteen months after this chapter is effective, no person shall distribute, sell, or offer for sale in this State a plastic bottle or rigid plastic container unless such bottle or container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows. The three arrows shall form an equilateral triangle with the common point of each line forming each angle of the triangle at the midpoint of each arrow and rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The label shall appear on or near the bottom of the plastic container product and be clearly visible. The numbers and letters shall be as follows:
(1) for polyethylene terephthalate, the letters 'PETE' and the number '1';
(2) for high density polyethylene, the letters 'HDPE' and the number '2';
(3) for vinyl, the letter 'V' and the number '3';
(4) for low density polyethylene, the letters 'LDPE' and the number '4';
(5) for polypropylene, the letters 'PP' and the number '5';
(6) for polystyrene, the letters 'PS' and the number '6'; and
(7) for any other, the letters 'OTHER' and the number '7'.
Nothing in this subsection may prevent a manufacturer or distributor of containers that are produced from a plastic resin not identified in this subsection from adopting a labeling code number and letter that will assist in the segregation and collection of that resin for recycling if the code number and letter used are nationally recognized industry standards.
(G) Not later than five years after this chapter is effective, the department division shall make a determination as to the number of beverage containers being sold annually in this State and the percentage of such containers that are being recycled or recovered by individual category of glass, aluminum, and plastic. If the department division determines that one or more categories of beverage containers are being recycled at a rate of less than twenty-five percent, the department division shall submit a report to the Governor and to the General Assembly making recommendations on incentives, penalties, or both, which may include the imposition of fees to increase the recycling rate of that category to a minimum of twenty-five percent within a reasonable period of time. Seven years after this chapter is effective, the department division shall make a determination, by individual category of container, as to the percentage of such containers that are being recycled. If the department division determines that one or more categories of beverage containers are being recycled at a rate of less than thirty-five percent, the department division shall submit a report to the Governor and to the General Assembly making recommendations, which may include the imposition of appropriate fees, to increase the recycling rate of that category to at least thirty-five percent within a reasonable period of time. The department division may, by regulation, establish a program to obtain and verify the information that is necessary to make the determinations and recommendations required by this subsection.
Section 44-96-160. (A) Twelve months after this chapter is effective, no person shall knowingly:
(1) place used oil in municipal solid waste, discard or otherwise dispose of used oil, except by delivery to a used oil collection facility, used oil energy recovery facility, oil recycling facility, or to an authorized agent for delivery to a used oil collection facility, used oil energy recovery facility, or oil recycling facility;
(2) dispose of used oil in a solid waste disposal facility unless such disposal is approved by the department division;
(3) collect, transport, store, recycle, use or dispose of used oil in any manner which may endanger public health and welfare or the environment;
(4) discharge used oil into sewers, drainage systems, septic tanks, surface water or groundwater, or any other waters of this State, or onto the ground; or
(5) mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.
Notwithstanding any other provision of law, a person who knowingly disposes of any used oil which has not been properly segregated or separated from other solid wastes by the generator is guilty of a violation of this subsection and shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department division.
(B) No person shall knowingly dispose of used oil filters in a landfill unless the filter has been crushed to the smallest practical volume possible or unless the filter has been hot drained, as established by the department division in regulations.
(C) The utilization of used oil for road oiling, dust control, weed abatement, or other similar uses which has the potential to cause harm to the environment is prohibited.
(D) The department division shall encourage the voluntary establishment of used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
If a hazardous substance is mixed with used oil accepted at a volunteer used oil collection center, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five gallons of used oil was accepted from any one person at any one time.
(E) All government agencies and private businesses that change motor oil for the public and major retail dealers of motor and lubricating oil are encouraged to serve as used oil collection centers.
The Department of Transportation shall establish or contract for at least one used oil collection center in every county unless it can certify to the Office of Solid Waste Reduction and Recycling that a private used oil collection center is in operation in a county and is accepting up to five gallons of used oil from any member of the public.
A retail dealer of motor oil who maintains a separate tank for a voluntary used oil collection center as approved by the department division under this section is eligible for a payment from the South Carolina Department of Revenue from fees collected pursuant to subsection (W) of five cents for every gallon of motor oil that is properly returned on a voluntary basis to a registered used oil transporter or permitted used oil recycling facility upon proper verification.
(F) A person who maintains a used oil collection facility that receives a volume of used oil annually, which exceeds a limit to be determined by the department division, must register with the department division.
(G) A used oil collection center must report annually to the department division by a date to be determined by the department division and must indicate if it is accepting used oil from the public, the quantities of used oil collected in the previous year, and the total quantity of used oil handled in the previous year.
(H) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection center if such used oil is:
(1) not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(2) not knowingly accepted with any hazardous substances contained in it;
(3) transported from the used oil collection center by a registered transporter; or
(4) stored in a used oil collection center that is in compliance with this section.
This subsection applies only to that portion of the used oil collection center utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of a person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from a member of the public is not mixed with a hazardous substance, if the owner or operator acts in good faith and in the belief the oil is generated from the individual's personal activity.
(I) Any motor, lubricating, or other oil offered for sale, at retail or at wholesale for direct retail sale, for use off the premises, must be clearly marked or labeled as containing a recyclable material which must be disposed of only at a used oil collection center. A statement on a container of lubricating or other oil offered for sale is in compliance with this section if it contains the following statement: 'Don't pollute. Conserve resources. Return used oil to collection centers.'
(J) Motor oil retailers shall post and maintain, at or near the point of sale, a durable and legible sign, not less than eleven inches by fifteen inches in size, informing the public of the importance of the proper collection and disposal of used oil and how and where used oil may be properly disposed.
(K) The department division may inspect any place, building, or premises subject to subsections (I) and (J) and issue warnings and citations to a person who fails to comply with the requirements of those subsections. Failure to comply following a warning shall constitute a violation punishable by a fine not to exceed one hundred dollars per day. Each day on which an establishment fails to comply shall constitute a separate violation. The proceeds of a fine imposed pursuant to this subsection must be remitted to the Solid Waste Management Trust Fund.
(L) The following persons shall register annually with the department division pursuant to department division regulations on forms prescribed in such regulations:
(1) a person who transports over public highways more than five hundred gallons of used oil weekly;
(2) a person who maintains a collection facility that receives more than six thousand gallons of used oil annually; and
(3) a facility that recycles more than six hundred gallons of used oil annually.
(M) The department division shall require each registered person to submit by a date to be determined by the department division an annual report which specifies the type and quantity of used oil transported, collected, and recycled during the preceding year. The department division also shall require each registered person who transports or recycles used oil to maintain records which identify the:
(1) source of the materials transported or recycled;
(2) quantity of materials received;
(3) date of receipt; and
(4) destination or the end use of the materials.
(N) The department division shall require sample analyses of used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.
(O) The following entities are exempted from the requirements of subsection (L):
(1) an on-site burner which only burns a specification used oil generated by the burner, if the burning is done in compliance with any air permits issued by the department division; or
(2) an electric utility which generates during its operation used oil that is then reclaimed, recycled, or refined by the electric utility for use in its operations.
(P) A person who fails to register with the department division as required by subsection (L), or to file the annual report required by subsection (M), is subject to a fine not to exceed three hundred dollars per day. Each day on which the person fails to comply shall constitute a separate violation. The proceeds of a fine imposed pursuant to this subsection must be remitted to the Solid Waste Management Trust Fund.
(Q) After the effective date of regulations promulgated by the department division pursuant to this section, a person who transports over public highways more than five hundred gallons of used oil weekly must be a registered transporter.
(R) The department division shall promulgate regulations establishing a registration program for transporters of used oil and shall issue, deny, or revoke registrations authorizing the holder to transport used oil. Registration requirements must ensure that a used oil transporter is familiar with applicable regulations and used oil management procedures. The department division shall promulgate regulations governing registration which must include requirements for the following:
(1) registration and annual reporting;
(2) evidence of familiarity with laws and regulations governing used oil transportation; and
(3) proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.
(S) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the department division before operating, modifying, or closing the facility.
(T) Not later than eighteen months after this chapter is effective, the department division shall develop a permitting system for used oil recycling facilities.
(U) Permits must not be required under subsection (S) for the burning of used oil as a fuel, provided:
(1) a valid air permit, if required, issued by the department division is in effect for the facility;
(2) the facility burns used oil in accordance with applicable state and local government regulations, and the requirements and conditions of its air permit; and
(3) the on specification used oil is burned in industrial furnaces and boilers and nonindustrial furnaces and boilers.
(V) No permit is required under this section for the use of used oil for the benefaction or flotation of phosphate rock.
(W)(1) For sales made after October 31, 1991, a person making wholesale sales of motor oil or similar lubricants, and a person importing into this State ex-tax motor oil or similar lubricants, shall pay a fee on a monthly basis of eight cents for each gallon of motor oil or similar lubricants sold at wholesale or ex-tax motor oil or similar lubricants imported. As used in this provision, 'ex-tax motor oil or similar lubricants' means motor oil or similar lubricants upon which the fee imposed has not been levied and which is not sold at wholesale in this State. The fee imposed must be imposed only once with respect to each gallon of motor oil or similar lubricants. The South Carolina State Department of Revenue shall administer, collect, and enforce this fee in the same manner the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments pursuant to Section 12-36-2600. Instead of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.
A motor carrier which purchases lubricating oils not for resale used in its fleet is exempt from the fee. The motor carrier must:
(a) have a maintenance facility to service its own fleet and properly store waste oil for recycling collections;
(b) have on file with the Environmental Protection Agency the existence of storage tanks for waste oil storage;
(c) maintain records of the dispensing and servicing of lubrication oil in the fleet vehicles; and
(d) have a written contractual agreement with an approved waste oil hauler.
(2) The Department of Revenue shall remit fees collected pursuant to this section to the Solid Waste Management Trust Fund, less payments made pursuant to subsection (E). The fees must be reserved in a separate account designated as the Petroleum Fund. The Petroleum Fund must be under the administration of the Office of Solid Waste Reduction and Recycling.
The funds generated by the fees authorized by this section and set aside for the Petroleum Fund must be used by the Office of Solid Waste Reduction and Recycling as follows:
(a) Two-fifths of the funds must be used to establish incentive programs to encourage:
(1) individuals who change their own oil to return their used oil to used oil collection centers;
(2) the establishment and continued operation of collection centers which accept used oil, including a one-time rebate to retailers who maintain department division approved used oil collection centers for equipment used in the used oil collection process, not to exceed five hundred dollars a location. The used oil collection center must maintain a separate tank for the collection of voluntarily returned used oil to be eligible for this rebate. This rebate must be distributed by the department division upon approval of the collection center by the department division and submittal of proof of purchase of the equipment.
(3) the establishment and continued operation of recycling facilities which prepare used oil for reuses or which utilize used oil in a manner that substitutes for a petroleum product made from new oil.
(b) Two-fifths of the funds must be used to provide grants for local government projects that the office determines will encourage the collection, reuse, and proper disposal of used oil and similar lubricants. Local government projects may include one or more of the following programs or activities:
(1) curbside pickup of used oil containers by a local government or its designee;
(2) retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the local government;
(3) establishment of publicly operated used oil collection centers at landfills or other public places; or
(4) providing of containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center.
(c) One-fifth of the funds must be used for public education and research including, but not limited to, reuses, disposal, and development of markets for used oil and similar lubricants.
The office may use funds set aside under subitem (a) of item (2) to contract for the development and implementation of incentive programs, and the office may use funds set aside under subitem (c) of item (2) to contract for the development and implementation of research and education programs.
After the fee is imposed upon a distributor, the fee may not be imposed again upon a person who subsequently receives motor oil or similar lubricants from a distributor upon whom the fee already has been imposed.
Motor oil or similar lubricants exported from this State in its original package or container must be exempt from the fee imposed in this section. A person purchasing motor oil or similar lubricants at wholesale in its original package or container and who exports such motor oil or similar lubricants from this State may certify in writing to the seller that the motor oil or similar lubricants will be exported, and such certification, if taken by the seller in good faith, will relieve the seller of the fee otherwise imposed. If the purchaser subsequently uses the motor oil or similar lubricants in this State, the purchaser shall be liable for the fee imposed and the purchaser's certification to the seller must include an acknowledgment to that effect.
(X) The fee imposed under item (W) of this section must be imposed until the unobligated principal balance of the Petroleum Fund equals or exceeds three million dollars. Based upon the amount of revenue received and the time frame in which the amount is collected, the Department of Revenue is required to adjust the rate of the fee to reflect a full year's collection to produce the amount of revenue required in the fund. The increase or decrease in the fee made by the Department of Revenue must take effect for sales beginning on or after the first day of the third month following determination by the commission.
(Y) The department division shall promulgate regulations necessary to implement the provisions of this section. Such regulations may include the imposition of reasonable registration and permitting fees to assist in defraying the costs of the regulatory activities of the department division required by this section.
(Z) 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 used oil materials and products where practicable, subject to the provisions of Section 44-96-140(E).
(AA) Beginning February 28, 1993, and no later than July first each year thereafter, the Office of Solid Waste and Recycling shall submit to the Governor and to the General Assembly a report for the previous calendar year, including:
(1) the number of used oil collection sites available in each county to the general public;
(2) the number and location of used oil collection sites in each county receiving ongoing and start-up assistance from the Office of Solid Waste Reduction and Recycling; and
(3) the amount of used oil collected in each county.
Section 44-96-165. The Department of Health and Environmental Control division, in consultation with the State Auditor, shall contract with one or more qualified, independent certified public accountants on a one-year basis to audit revenues and disbursements from the Solid Waste Management Trust Fund and the Waste Tire Trust Fund established pursuant to Section 44-96-120 and from the Petroleum Fund established pursuant to Section 44-96-160(V). The auditors may audit any relevant records of any public or private entity that has submitted, kept, handled, or tracked monies for any of the three funds. This contract must be funded by the Solid Waste Management Trust Fund, the Petroleum Fund, and the Waste Tire Trust Fund.
Section 44-96-170. (A) Not later than ninety days after this chapter is effective, the owner or operator of a waste tire site shall notify the department division of the site's location and size and the approximate number of waste tires that are accumulated at the site. However, this section does not apply to a manufacturer who disposes only of tires generated in the course of its scientific research and development activities, so long as the waste tires are buried on the facility's own land or that of its affiliates or subsidiaries and the disposal facility is in compliance with all applicable regulations.
(B) Not later than six months after this chapter is effective, the department division shall submit to the Governor and to the General Assembly a report on waste tire management and disposal in this State. The report shall, at a minimum, include the following:
(1) the number of waste tires generated in this State and the geographical distribution of the waste tires;
(2) the number and location of existing waste tire sites;
(3) the location of existing waste tire collection sites;
(4) the necessary financial responsibility requirements for sites, haulers, processors, collectors, and disposers of waste tires;
(5) alternative methods of collecting waste tires;
(6) current and future options for waste tire recycling;
(7) methods to establish reliable sources of waste tires for waste tire users; and
(8) types and location of facilities in this State that can utilize waste tires as a fuel source.
(C) State and county solid waste management plans shall include a section on waste tires. The section on waste tires shall provide for public participation in its preparation and shall, as a minimum, include:
(1) an estimate of the number of waste tires currently generated annually within that county or region and a projection of the number of waste tires to be generated during the twenty-year period following the date this chapter is effective;
(2) an estimate of the current capacity in the county to manage waste tire disposal;
(3) an estimate of the annual cost of implementing the approved waste tire disposal plan;
(4) an estimate of the cost of siting, construction, and bringing into operation any new facilities needed to provide waste tire disposal;
(5) the number of waste tires generated in each county and the geographical distribution of such waste tires;
(6) the number and location of existing waste tire sites;
(7) the location of existing waste tire collection sites;
(8) alternative methods of collecting waste tires;
(9) current and future options for waste tire recycling;
(10) methods to establish reliable sources of waste tires for waste tire users; and
(11) types and location of facilities in this county that can utilize waste tires as a fuel source.
(D) Each county is required by the department division to participate in ongoing waste tire clean-up enforcement efforts, and no later than twelve months after promulgation of regulations by the department division, establish approved waste tire accumulation sites, designate waste tire processing, recycling, and disposal methods to be used, and begin disposal operations in compliance with the applicable regulations. Counties may contract with other counties and with private firms to implement the provisions of this chapter. The department division shall administer waste tire management plans for those counties which do not submit proposals.
(E) Counties are prohibited from imposing an additional fee on waste tires generated within the county. However, a county may impose an additional fee on waste tires, heavy equipment tires, and oversized tires that have a greater diameter than the largest tire with a Department of Transportation number. A fee may be charged on waste tires generated outside of South Carolina. Counties may require fleets to provide documentation for proof of purchase on in-state tires. For tires not included in documentation, an additional tipping fee may be charged. Counties may charge a tipping fee of up to one dollar and fifty cents for each tire or up to one hundred fifty dollars a ton for waste tires generated in this State for which no fee has been paid otherwise.
(F) Counties may charge a tipping fee of up to one dollar and fifty cents for each waste tire manufactured in this State or up to one hundred fifty dollars per ton for waste tires manufactured in this State for which no fee has been paid otherwise.
(G) Not later than six months after the department division promulgates regulations, a person, except as provided, shall not knowingly deposit whole waste tires in a landfill as a method of ultimate disposal.
(H) Eighteen months after this chapter is effective, a person shall not:
(1) maintain a waste tire collection site unless such site is an integral part of the person's permitted waste tire treatment facility or that person has entered into a contract with a permitted waste tire treatment facility for the disposal of waste tires;
(2) knowingly dispose of waste tires in this State, unless the waste tires are disposed of at a permitted solid waste disposal facility; or
(3) knowingly dispose of or discard waste tires on the property of another in a manner not prescribed by this chapter.
For an interim period to be determined by the department division, waste tires may be disposed of at a solid waste disposal facility, a waste tire recycling or processing facility, or a waste tire collection center seeking a permit from the department division pursuant to this section. Notwithstanding any other provision of law, a person violating this subsection shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department division. Each tire improperly disposed of must constitute a separate violation.
(I) It is the policy of this State to recommend that waste tires be managed at a:
(a) waste tire collection site which is an integral part of a permitted waste tire recycling or processing facility;
(b) permitted waste tire recycling or processing facility; or
(c) permitted waste tire collection center.
(J) Not later than twelve months after this chapter is effective, the department division shall promulgate regulations requiring all collectors, processors, recyclers, haulers, and disposers of waste tires to obtain a permit or registration issued by the department division. The regulations must set forth the requirements for the issuance of such permits or registrations. After the effective date of the regulations, a person shall not collect, haul, recycle, or process waste tires unless that person has obtained a permit or registration from the department division for that activity or, for an interim period to be determined by the department division, is seeking a permit or registration from the department division for that activity.
(K) Subsection (J) does not apply to items (1) through (5) if these designated waste tire sites are maintained so as to prevent and control mosquitoes or other public health nuisances as determined by the department division:
(1) a tire retailing business where less than one thousand waste tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is owned or operated by a company that manufactures tires in this State or the tire manufacturer's parent company or its subsidiaries;
(3) a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises;
(4) a permitted solid waste facility with less than two thousand five hundred waste tires temporarily stored on the business premises; or
(5) a person using waste tires for agricultural purposes.
(L) The department division shall encourage the voluntary establishment of waste tire collection centers, waste tire treatment facilities, and solid waste disposal facilities to be open to the public for the deposit of waste tires.
(M) The department division is authorized to establish incentive programs to encourage individuals to return their used tires to waste tire recycling or processing facilities.
(N) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each new tire sold with a Department of Transportation number to the ultimate consumer, whether or not the tire is mounted by the seller. The wholesaler or retailer receiving new tires from unlicensed wholesalers is responsible for paying the fee imposed by this subsection.
The Department of Revenue shall administer, collect, and enforce the tire recycling fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this subsection must be remitted on a monthly basis. Instead of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.
The department division shall deposit all fees collected to the credit of the State Treasurer who shall establish a separate and distinct account from the state general fund.
The State Treasurer shall distribute one and one-half dollars for each tire sold, less applicable credit, refund, and discount, to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection, processing, or recycling of waste tires generated within the State.
The remaining portion of the tire recycling fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, established under the administration of the South Carolina Department of Health and Environmental Control division.
The General Assembly shall review the waste tire disposal recycling fee every five years.
(O) A wholesaler or retailer required to submit a fee pursuant to subsection (N) who delivers or arranges delivery of waste tires to a permitted or approved waste tire recycling facility, or a permitted or approved waste tire processing facility which processes waste tires before recycling, may apply for a refund of one dollar for each tire delivered. If waste tires generated in this State, on which a fee has been paid, are delivered to a waste tire facility located outside this State, a wholesaler or retailer may apply for a refund of one dollar per tire delivered if the receiving facility is permitted or approved by the host state as a waste tire recycling facility or a waste tire processing facility which processes waste tires before recycling; in no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue. All refunds made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (N) .
(P) The Office of Solid Waste Reduction and Recycling of the Department of Health and Environmental Control division may provide grants from the Waste Tire Trust Fund to counties which have exhausted all funds remitted to counties under Section 44-96-170(N), to regions applying on behalf of those counties and to local governments within those counties to assist in the following:
(1) constructing, operating, or contracting with waste tire processing or recycling facilities;
(2) removing or contracting for the removal of waste tires for processing or recycling;
(3) performing or contracting for the performance of research designed to facilitate waste tire recycling; or
(4) the purchase or use of recycled products or materials made from waste tires generated in this State.
(Q) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of ten members appointed by the commissioner representing:
(1) the South Carolina Tire Dealers and Retreaders Association;
(2) the South Carolina Association of Counties;
(3) the South Carolina Association of Regional Councils;
(4) the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(5) tire manufacturers;
(6) the general public;
(7) a public interest environmental organization;
(8) the South Carolina Department Division of Natural Resources, Department of Environment and Natural Resources;
(9) the Office of the Governor; and
(10) the South Carolina Municipal Association.
Members of the committee shall serve for terms of three years and until their successors are appointed and qualify.
Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department division shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council.
(R) Notwithstanding subsection (N), the department division may use funds from the Waste Tire Trust Fund to fund activities of the department division to implement provisions of this section to promote the recycling of waste tires and to encourage higher end uses of waste tires. The use of these funds must be reviewed annually by the Waste Tire Committee and the Solid Waste Advisory Council. The Recycling Market Development Advisory Council and the Solid Waste Advisory Council also may make recommendations to the office for use of these funds.
(S) The department division shall establish by regulation recordkeeping and reporting requirements for waste tire haulers and collection, processing, recycling, and disposal facilities.
(T) A county failing to comply with the requirements of this section and regulations promulgated under it is not eligible for monies from the Waste Tire Trust Fund.
Section 44-96-180. (A) Twelve months after this chapter is effective, no person shall knowingly place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery, except by delivery to:
(1) a lead-acid battery retailer or wholesaler;
(2) a collection, recycling, or recovered material processing facility that is registered by the department division to accept lead-acid batteries; or
(3) a permitted secondary lead smelter.
(B) Twelve months after this chapter is effective, no battery retailer shall knowingly dispose of a used lead-acid battery except by delivery to:
(1) the agent of a lead-acid battery wholesaler or the agent of a permitted secondary lead smelter;
(2) a vehicle battery manufacturer for delivery to a permitted secondary lead smelter;
(3) a collection, recycling, or recovered material processing facility that is registered by the department division to accept lead-acid batteries; or
(4) a permitted secondary lead smelter.
(C) Any person violating the provisions of subsections (A) or (B) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department division. Each lead-acid battery improperly disposed of shall constitute a separate violation.
(D) A person selling lead-acid batteries or offering lead-acid batteries for retail sale in this State shall:
(1) accept, at the point of transfer, lead-acid batteries from customers; and
(2) post written notice, visible to customers, at his place of business which must be at least eight and one-half inches by eleven inches in size and must contain the following language:
(a) 'It is illegal to put a motor vehicle battery in the garbage.'
(b) 'Recycle your used batteries.'
(c) 'State law requires us to accept motor vehicle batteries for recycling'.
(E) No person may recover from the owner or operator of a lead-acid battery collection center any costs of response actions resulting from a release of either a hazardous substance from lead-acid batteries, unless the owner or operator is grossly negligent in the operation of the public lead-acid battery collection center, or recovered materials processing facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of hazardous substances.
(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per lead-acid battery sold to the ultimate consumer, whether the battery is installed by the seller or not. The retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department division shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer.
(G) The lead-acid battery retailer must charge a five dollar refundable deposit for each battery sold for which a core is not returned to the retailer. The deposit must be returned to the consumer if a core is returned to the same retailer within thirty days.
(H) The department division shall produce, print, and distribute the notices required by subsection (D) to all lead-acid battery retailers.
(I) Any person selling lead-acid batteries at wholesale or offering lead-acid batteries for sale at wholesale must accept, at the point of transfer, lead-acid batteries from customers.
(J) Not later than eighteen months after this chapter is effective, the department division shall promulgate regulations necessary to carry out the requirements of this section. Such regulations may include the imposition of reasonable fees to assist in defraying the costs of the regulatory activities of the department division required by this section.
(K) 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 recycled lead-acid batteries where practicable, subject to the provisions of Section 44-96-140(D).
(L)(1) Within eighteen months after enactment of this subsection, the department division shall conduct a study on the recycling and disposal of small sealed lead-acid batteries.
(2) Within twelve months after completion of the study required in paragraph (1), the department division must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill.
Section 44-96-190. (A) Not later than twelve months after this chapter is effective, the department division shall:
(1) promulgate regulations governing the proper management or disposal, or both, of yard trash and land-clearing debris;
(2) promulgate regulations establishing standards for the production of compost, including requirements necessary to produce hygienically safe compost products for varying applications; and
(3) comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.
(B) Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.
(C) Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.
(D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept at the gate loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility.
(E) Any person violating the provisions of subsections (B) or (C) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department division.
(F) 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 composted materials and products where practicable, subject to the provisions of Section 44-96-140(D).
Section 44-96-200. (A) Not later than eighteen months after this chapter is effective, the department division shall promulgate regulations governing the proper management or disposal, or both, of white goods requiring a person selling or offering white goods for sale at retail in this State to post written notice at his place of business informing the purchaser of the proper method of disposal of used white goods. Persons dealing with the disposal of white goods are encouraged to reclaim freon from white goods containing freon before recycling or disposal.
(B) Three years after this chapter is effective, no person shall knowingly include white goods with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill.
(C) Three years after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept white goods for disposal at such landfill.
(D) Notwithstanding any other provision of law, any person violating the provisions of subsections (B) and (C) of this section shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department division. Each white good improperly disposed of shall constitute a separate violation.
(E) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department division is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund.
Section 44-96-210. (A) Five years after this chapter is effective, the department division shall make a determination as to whether newsprint sold within this State is being recycled at a rate of thirty-five percent or more of the quantity sold within the State. If the department division determines that newsprint is being recycled at a rate of less than thirty-five percent, the department division shall submit a report to the Governor and to the General Assembly making recommendations on incentives or penalties to increase the recycling percentage of newsprint to at least thirty-five percent within a reasonable period of time. The department division may, by regulation, establish a program to obtain and verify the information necessary to make the determination and recommendations required by this section.
(B) For the purposes of this section, 'newsprint' means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but not limited to, the publication of newspapers, directories, or commercial advertising mailers, which is primarily from mechanical woodpulps combined with some chemical woodpulp.
Section 44-96-220. The provisions of Chapter 54 of Title 12 apply to the administration, collection, and enforcement of the fees imposed by this chapter as administered by the Department of Revenue.
Section 44-96-235. If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstance shall, for any reason, be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances."
SECTION 39. Article 2, Chapter 96, Title 44 of the 1976 Code is amended to read:
Section 44-96-240. (A) The General Assembly finds that:
(1) South Carolina is generating increasingly large volumes of solid waste which may pose a threat to human health and safety and to the environment if not properly managed or if managed in facilities inadequately designed and operated to ensure protection of human health and safety and the environment.
(2) Many communities are managing solid waste in existing facilities not designed and operated with technology and engineering controls that are adequately protective of the environment.
(3) A number of new solid waste management facilities will have to be established in coming years to replace older facilities as they reach capacity or as they are required to close because they cannot meet new state or federal regulatory requirements.
(4) It is the policy of the State of South Carolina to protect human health and safety and the environment from the effects of improper or inadequate solid waste management.
(5) Legislation is needed to establish an adequate regulatory framework for the siting, design, construction, operation, and closure of solid waste management facilities in order to provide protection for human health and safety and for the environment.
(6) A regional approach to the establishment of solid waste management facilities should be strongly encouraged in order to provide solid waste management services in the most efficient and cost-effective manner and to minimize any threat to human health and safety or to the environment.
(B) It is the purpose of this article to:
(1) regulate solid waste management facilities other than hazardous waste management facilities subject to the South Carolina Hazardous Waste Management Act, infectious waste management facilities subject to the South Carolina Infectious Waste Management Act, and radioactive waste facilities subject to the South Carolina Atomic Energy and Radiation Control Act and other federal and state laws; and
(2) ensure that all solid waste management facilities in this State are sited, designed, constructed, operated, and closed in a manner that protects human health and safety and the environment.
Section 44-96-250. (A) The definitions set forth in Article 1 of this chapter are incorporated by reference in this article.
(B) The following definitions are applicable in this article:
(1) 'Applicant' means an individual, corporation, partnership, business association, or government entity that applies for the issuance, transfer, or modification of a permit under this article.
(2) 'Ash' means the solid residue from the incineration of solid waste.
(3) 'Closure' means the discontinuance of operation by ceasing to accept, treat, store, or dispose of solid waste in a manner which minimizes the need for further maintenance and protects human health and the environment.
(4) 'Director' means the Director of the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(5) 'Composite liner' means a liner which shall consist of a geomembrane placed over a natural or recompacted soil layer.
(6) 'Construction' means any physical modification to the site at which a potential or proposed solid waste management facility is to be located including, but not limited to, site preparation.
(7) 'Contingency plan' means a document acceptable to the department division setting out an organized, planned, and coordinated course of action to be followed at or by the facility in case of a fire, explosion, or other incident that could threaten human health and safety or the environment.
(8) 'Cover' means soil or other suitable material acceptable to the department division, or both, that is used to cover compacted solid waste in a land disposal site.
(9) 'Daily cover' means a compacted layer of at least six inches of soil or other cover material, in an amount approved by the department division, that is placed on all exposed solid waste in a landfill at the end of each day of operation, except for recyclable materials properly located in a salvage area.
(10) 'Disclosure statement' means a sworn statement or affirmation, the form and content of which shall be determined by the department division and as required by Section 44-96-300.
(11) 'Double geomembrane liner' means a liner which shall consist of the following layers from bottom to top:
(a) a properly graded and prepared subbase;
(b) a minimum 60 mil HDPE geomembrane secondary liner;
(c) a secondary leachate collection system;
(d) an approved bentonite mat or equivalent;
(e) a geomembrane primary liner; and
(f) a primary leachate collection system.
(12) 'Equity' means both legal and equitable interests.
(13) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department division by regulation.
(14) 'Flood plain' means the lowland and relatively flat areas adjoining inland and coastal areas of the mainland and off-shore islands including, at a minimum, areas subject to a one percent or greater chance of flooding in any given year.
(15) 'Leachate' means the liquid that has percolated through or drained from solid waste or other man-emplaced materials and that contains soluble, partially soluble, or miscible components removed from such waste.
(16) 'Liner' means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of solid waste, and constituents of such waste, or leachate.
(17) 'Monofill' means a landfill or landfill cell into which only one type of waste is placed.
(18) 'Municipal solid waste incinerator' means any solid waste incinerator, publicly or privately owned, that receives household waste. Such incinerator may receive other types of solid waste such as commercial or industrial solid waste.
(19) 'Permit' means the process by which the department division can ensure cognizance of, as well as control over, the management of solid wastes.
(20) 'Responsible party' means:
(a) any officer, corporation director, or senior management official of a corporation, partnership, or business association that is an applicant;
(b) a management employee of a corporation, partnership, or business association that is an applicant who has overall responsibility for operations and financial management of the facility under consideration;
(c) an individual, officer, corporation director, senior management official of a corporation, partnership, or business association under contract to the applicant to operate the facility under consideration; or
(d) an individual, corporation, partnership, or business association that holds, directly or indirectly, at least five percent equity or debt interest in the applicant. If any holder of five percent or more of the equity or debt of the applicant is not a natural person, the term means any officer, corporation director, or senior management official of the equity or debt holder who is empowered to make discretionary decisions with respect to the operation and financial management of the facility under consideration.
(21) 'Run-off' means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
(22) 'Solid waste processing facility' means a combination of structures, machinery, or devices utilized to reduce or alter the volume, chemical, or physical characteristics of solid waste through processes, such as baling or shredding, prior to delivery of such waste to a recycling or resource recovery facility or to a solid waste treatment, storage, or disposal facility and excludes collection vehicles.
(23) 'Transfer station' means a combination of structures, machinery, or devices at a place or facility where solid waste is taken from collection vehicles and placed in other transportation units, with or without reduction of volume, for movement to another solid waste management facility.
(24) 'Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(25) 'Vehicle' means any motor vehicle, water vessel, railroad car, airplane, or other means of transporting solid waste.
Section 44-96-260. To carry out the purposes and provisions of this article, the department division is authorized to:
(1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste;
(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department division may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities;
(3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's division's solid waste regulatory programs;
(4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility;
(5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department division determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this article;
(6) receive financial and technical assistance from the federal government or private entities;
(7) cooperate with private organizations and with business and industry in carrying out the provisions of this article;
(8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities;
(9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and
(10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.
Section 44-96-270. The department division shall conduct a study and shall submit a report to the Governor and to the General Assembly not later than eighteen months after this chapter is effective on ways to encourage counties and municipalities to pursue a regional approach to solid waste management, including incentives to encourage the siting, construction, and operation of regional solid waste management facilities.
Section 44-96-280. The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following:
(1) entering the solid waste management facility in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article;
(3) commencing an action to enjoin any act or practice that is causing the hazard; and
(4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department division shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department division also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department division to determine their validity.
Section 44-96-290. (A) No person shall operate a solid waste management facility without a permit from the department division. However, pursuant to a county or regional plan, any political subdivision of this State may hold a permit for a solid waste management facility as the owner of the facility and may contract for the operation, management, or both, of the facility. A separate permit shall be required for each site or facility although the department division may include one or more different types of facilities in a single permit if the facilities are collocated on the same site. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) No person shall initiate construction, expansion, modification, or closure of a solid waste management facility except in accordance with requirements established by the department division pursuant to this article.
(C) Permits issued by the department division to existing solid waste management facilities pursuant to statutory and regulatory requirements in effect before the date this article is effective remain valid for the life of the permit. However, a solid waste management facility without an approved closure plan is subject to the closure and postclosure requirements of this article applicable to that type of facility and to any other requirements made applicable specifically to existing solid waste management facilities by this article or by regulations promulgated pursuant to it. Upon expiration of the permit, the permittee shall comply with the requirements of this article and regulations promulgated pursuant to it.
(D) The department division shall promulgate regulations for the permitting of solid waste management facilities which shall, at a minimum, address the following issues:
(1) contents of permit applications and application procedures;
(2) suspension, revocation, modification, issuance, denial, or renewal of a permit, including the criteria for taking such action and the procedures for taking such action consistent with the South Carolina Administrative Procedures Act;
(3) exemptions, variances, and emergency approvals;
(4) financial responsibility requirements sufficient to ensure the satisfactory maintenance, closure, and postclosure care of any solid waste management facility or to carry out any corrective action which may be required as a condition of a permit; provided, however, that consideration shall be given to mechanisms which would provide flexibility to the owner or operator in meeting its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities, utilizing actuarially sound risk-spreading techniques. The department division shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste management facility. The department division regulations regarding financial responsibility requirements shall not apply to any local government or region comprised of local governments which owns and operates a municipal solid waste management facility unless and until such time as federal regulations require such local governments and regions to demonstrate financial responsibility for such facilities;
(5) public notice and public hearing requirements consistent with the requirements of the South Carolina Administrative Procedures Act; and
(6) generally applicable operational requirements.
(E) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility may be issued until a demonstration of need is approved by the department division. Facilities which lawfully burn nonhazardous waste for energy recovery up to the normal rate of manufacturing production or which lawfully use or reuse the waste to make a product shall not be excluded from the demonstration of need requirement. No construction of new or expanded solid waste management facilities may be commenced until all permits required for construction have been issued. In determining if there is a need for new or expanded solid waste disposal sites, the department division shall not consider solid waste generated in jurisdictions not subject to the provisions of a county or regional solid waste management plan pursuant to this chapter.
The department division shall promulgate regulations to implement this section. These regulations must apply to all solid waste management facilities which have not obtained all permits required for construction. This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial solid waste management facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility.
(F) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within a county or municipality may be issued by the department division unless the proposed facility or expansion is consistent with local zoning, land use, and other applicable local ordinances, if any; the proposed facility or expansion is consistent with the local or regional solid waste management plan and the state solid waste management plan; and the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection must not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the waste management facility. However, the facilities shall be consistent with the applicable local zoning and land use ordinances, if any; and provided further, that the industrial facility is not a commercial solid waste management facility.
(G) [Redesignated as (F)--See 2000 Effect of Amendment note]
(H) A permit issued pursuant to this article shall contain such conditions or requirements as are necessary to comply with the requirements of this article and the regulations of the department division and to prevent a substantial hazard to human health or to the environment. Permits issued under this section shall be effective for the design and operational life of the facility, to be determined by the department division, subject to the provisions of this article. However, at least once every five years, the department division shall review the environmental compliance history of each permittee. The time period for review for each category of permits shall be established by the department division by regulation. If, upon review, the department division finds that material or substantial violations of the permit demonstrate the permittee's disregard for or inability to comply with applicable laws, regulations, or requirements and would make continuation of the permit not in the best interests of human health and safety or the environment, the department division may, after a hearing, amend or revoke the permit, as appropriate and necessary. When a permit is reviewed, the department division shall include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation.
(I) The department division may amend or attach conditions to a permit when:
(1) there is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect human health and safety and the environment;
(2) the investigation has shown the need for additional equipment, construction, procedures, and testing to ensure the protection of human health and safety and the environment; and
(3) the amendment is necessary to meet changes in applicable regulatory requirements.
(J) The department division may issue permits for short-term structural fills pursuant to department division regulations. These permits shall require that structural fills be closed and cover put in place within twelve months of issuance of the permit. Consistency with solid waste management plans pursuant to subsection (G) is not required for the issuance of permits for short-term structural fills. For the purpose of this subsection, 'cover' means soil or other suitable material, or both, acceptable to the department division that is used to cover solid waste. For the purpose of this subsection, 'structural fill' means landfilling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department division by regulation, compacted and landfilled in a manner acceptable to the department division, consistent with applicable engineering and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been in direct contact with hazardous constituents, petroleum products, or painted with lead-based paint. Applicable department division regulations in effect on the effective date of this act, not inconsistent with this subsection, remain in effect unless changed by statute or amended or repealed by the department division pursuant to the Administrative Procedures Act, Article 1, Chapter 23, Title 1.
Section 44-96-300. (A) The department division may obtain a disclosure statement from the applicant at the same time that an application for a permit for operation of a solid waste management facility is filed, except that this section shall not apply if the applicant is a local government or a region comprised of local governments. The disclosure statement shall contain the following information with regard to the applicant and his responsible parties:
(1) the full name, business address, and social security number of all responsible parties;
(2) a description of the experience and credentials, including any past or present permits or licenses for the collection, transportation, treatment, storage, or disposal of solid waste, issued to or held by the applicant within the past five years;
(3) a listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a crime of moral turpitude punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, within five years immediately preceding the date of the submission of the permit application;
(4) a listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a criminal or civil offense involving a violation of an environmental law punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, in a state or federal court within five years of the date of submission of the permit application;
(5) a listing and explanation of the instances in which a disposal facility permit held by the applicant was revoked by final judgment in a state or federal court, whether under appeal or not, within five years of the date of submission of the permit application; and
(6) a listing and explanation of all adjudications of the applicant for having been in contempt of any valid court order enforcing any federal environmental law or any state environmental law relative to the activity for which the permit is being sought, within five years of the date of submission of the permit application.
(B) The burden of proof with regard to any application shall lie with the applicant. The department division shall deny a permit if it finds by a preponderance of the evidence that:
(1) the applicant is not financially and technically qualified to carry out the activity for which the permit is sought;
(2) the applicant has knowingly misrepresented or concealed any material fact in the permit application or disclosure statement, or in any other report or certification required under this article or under regulations promulgated pursuant to this article;
(3) the applicant has obtained or attempted to obtain the permit by misrepresentation or fraud; or
(4) the applicant has a documented and continuing history of criminal convictions or a documented history of violation of state or federal environmental laws such that the applicant's ability to operate within the law is questionable.
(C) In making a determination of whether a preponderance of the evidence exists under subsection (B), the department division shall consider:
(1) the nature and details of the acts attributed to the applicant;
(2) the degree of culpability of the applicant;
(3) the applicant's policy or history of discipline, or both, of a responsible party convicted of acts described in subsection (A);
(4) whether the applicant has substantially complied with this state's statutes, rules, regulations, permits, and orders applicable to the applicant in this State relative to the activity for which the permit is sought;
(5) whether the applicant, if the applicant has no prior history within this State, has substantially complied with other jurisdictions' statutes, rules, regulations, permits, and orders applicable to the applicant relative to the activity for which the subject permit is sought;
(6) whether the applicant has in place and observes formal management controls to minimize and prevent the occurrence of violations or other unlawful activities relative to the activity for which the subject permit is sought;
(7) mitigation based upon any demonstration of good citizenship by the applicant including, without limitation, prompt payment of damages, cooperation with investigations, termination of employment or other relationship with responsible parties or other persons responsible for the activity described in subsection (A)or other demonstration of good citizenship by the applicant that the department division finds acceptable; and
(8) whether the best interests of the public will be served by denial of the permit.
(D) The department division may request specific information or a background investigation of an applicant by the State Law Enforcement Division or by the Attorney General. Such investigations shall be completed and the results provided to the department division within ninety days of the department's division's request for the investigation.
(E) In making a determination under this section, the department division shall comply with the notice and public hearing requirements for administrative proceedings pursuant to the South Carolina Administrative Procedures Act and with public notice requirements for permit decisions required pursuant to this chapter.
(F) The department division shall provide for an adjudicatory hearing if an aggrieved party with standing appeals the granting, denial, or granting with conditions of a permit by making a written request to the department division for an adjudicatory hearing within fifteen days of receiving the notification required by this section.
(G) If a responsible party of an applicant is a chartered lending institution or a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934 or a wholly-owned subsidiary of a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934, such responsible party shall not be required to submit a disclosure statement in accordance with the provisions of subitems (1), (2), (3), (4), and (5) of subsection (A) of this section, excluding subitem (A)(6), but shall submit to the department division reports covering its structure and operations required by the chartering body or the Federal Securities and Exchange Commission. The department division is authorized to require a responsible party to provide such additional information to the department division as is reasonably necessary to make the determinations provided for in this section.
(H) Every applicant shall file a disclosure statement with the department division together with the permit application or within sixty days of the adoption of the form and content of the disclosure statement by the department division, whichever is later.
(I) Every holder of a permit issued pursuant to this article who has not earlier filed a disclosure statement shall, not later than one year after this article is effective, file a disclosure statement with the department division.
(J) Not later than two years after this article is effective, every holder of a permit issued pursuant to this article shall update its disclosure statement not later than the end of January of each calendar year regarding any material changes in information in the permit holder's most recent disclosure statement on file with the department division.
(K) If the department division denies or revokes a permit based on this section or on Section 44-96-290(F), the applicant of the denied permit or the holder of the revoked permit may petition the department division at any time for reconsideration of the denial or revocation. The department division shall issue the denied permit or reinstate the revoked permit if the applicant of the denied permit or the holder of the revoked permit affirmatively demonstrates rehabilitation of the individual or business concern by a preponderance of the evidence. In determining whether subsequent issuance or reinstatement of a permit would be in the public interest, the department division shall give consideration to any relevant factors including, but not limited to, the factors identified in subsection (C). The department division may approve a conditional permit, not to exceed two years, to allow the applicant of the denied permit or the holder of the revoked permit a reasonable opportunity to continue to affirmatively demonstrate the applicant's rehabilitation.
Section 44-96-310. (A) The department division may issue a research, development, and demonstration permit for any solid waste management facility proposing to utilize an innovative and experimental solid waste management technology or process. The application for such permit must clearly demonstrate adequate protection of human health and safety and the environment and must be consistent with federal and state laws and regulations and this article. A permit issued under this section must not be for an activity of a continuing nature.
(B) An application for a permit issued under this section must, at a minimum:
(1) describe the proposed activity in detail;
(2) describe how the permit applicant intends to provide for the management of solid waste in order to determine the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and safety and the environment, and how the permit applicant intends to protect human health and safety and the environment in the conduct of the project; and
(3) state that the permit applicant will share on a timely basis with the department division any information obtained as a result of the activity undertaken under the permit.
(C) Not later than eighteen months after this article is effective, the department division shall promulgate the criteria and procedures for the issuance of such permits.
Section 44-96-320. (A) Not later than eighteen months after this article is effective, the department division shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all landfills that dispose of solid waste. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section. In determining if exemptions are warranted from all or part of the regulations applicable to this section and Section 44-96-330, the department division must consider in situ soil as a criterion for granting exemptions. These regulations shall not apply to the disposal of solid waste from a single family or household on property where such waste is generated.
(B) The regulations governing solid waste landfills shall, at a minimum, contain the following requirements:
(1) the submission by the permit applicant of the following documents:
(a) a comprehensive engineering report that describes, at a minimum, existing site conditions and construction plans;
(b) a quality assurance and quality control report;
(c) a hydrogeologic report and water quality and air quality monitoring plans;
(d) a contingency plan describing the action to be taken in response to contingencies which may occur during construction and operation of the landfill;
(e) an operational plan describing how the facility will meet all applicable regulatory requirements;
(f) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the maximum rate at which the facility will receive that waste; and
(g) a landscape plan;
(2) locational criteria. However, the department division shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;
(3) landfill construction requirements;
(4) facility design and operational requirements including, but not limited to, access controls, cover requirements, gas control, leachate control, exclusion of hazardous wastes, liner requirements, litter control, groundwater and surface water monitoring, and air quality monitoring;
(5) closure and postclosure requirements;
(6) financial responsibility requirements; and
(7) corrective action requirements.
Section 44-96-325. A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or publicly-owned recreational park areas. For the purpose of this section only, the term 'commercial industrial solid waste landfill' means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.
Section 44-96-330. (A) In addition to the requirements imposed by this article, the regulations promulgated by the department division shall, at a minimum, require the following for new and existing municipal solid waste landfills:
(1) controls to detect and prevent the disposal of hazardous waste, nonhazardous bulk liquids, and nonhazardous liquids in containers, other than household wastes. Such controls shall include random inspections of incoming loads, inspection of suspicious loads, records of inspections, training of facility personnel to recognize illegal materials, and procedures for notifying the proper authorities if any regulated hazardous waters are found;
(2) daily cover to control disease vectors, fires, odors, blowing litter, and scavenging;
(3) landfill gas monitoring and controls to minimize the buildup of explosive gases beneath, around, or in facility structures excluding gas control or recovery components;
(4) access controls to protect human health and safety and the environment, to prevent unauthorized vehicular traffic, and to prevent illegal dumping of wastes;
(5) run-on and run-off controls;
(6) landfill closure requirements that:
(a) minimize the need for further maintenance;
(b) ensure that no adverse effect will be caused from postclosure releases to the groundwater, surface water, or atmosphere; and
(c) upon issuance of a permit, require the owner or operator to record in the clerk's office or Register of Deeds Office, in the county in which the site is located, a survey plat indicating the location and dimensions of landfill cells or other solid waste disposal units with respect to permanently surveyed benchmarks. Upon recordation, the owner or operator must submit to the department division a copy of the recorded document;
(7) closure and postclosure care plans which identify for each facility the steps necessary to ensure closure and postclosure care, time estimates, modifications to monitoring and collection systems, final cover, and cost estimates. The postclosure care period shall be determined by results from the monitoring of the landfill, including leachate quality and quantity and methane gas generation or some alternative;
(8) financial responsibility for closure and postclosure care;
(9) groundwater monitoring; and
(10) corrective action requirements.
(B) The regulations promulgated pursuant to this article shall require, at a minimum, for each new municipal solid waste landfill and lateral expansion to existing municipal solid waste landfills the following:
(1) a single composite liner, natural or manmade materials, or both, or in situ soil, or a combination of both, capable of preventing the migration of wastes out of the landfill to the aquifer or surface water during the active life of the facility and during the required postclosure period and ensuring that leachate does not contaminate the aquifer or surface water during the active life of the facility and during the required postclosure period;
(2) leachate collection and removal systems;
(3) a construction quality assurance plan specifying the materials to be used in liner construction, the construction techniques, the engineering plans, and the installation test procedures; and
(4) landfills, at a minimum, shall not be located in the following locations:
(a) within the one hundred-year flood plain unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the landfill will not restrict the flow of the one hundred-year base flood, reduce the temporary water shortage capacity of the flood plain, or result in the washout of solid waste so as to pose a hazard to human health or the environment;
(b) within two hundred feet of a fault that has had displacement in Holocene time;
(c) within a seismic impact zone or other unstable areas unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the structural stability of the landfill capable of protecting human health and safety and the environment; and
(d) within proximity of airports or wetlands to be determined by the department division by regulation.
Section 44-96-340. (A) No solid waste incinerator with a daily capacity in excess of six hundred tons may be permitted within the State, nor may any solid waste incinerator with a daily capacity in excess of one hundred tons be permitted to be sited within three miles of another such facility.
(B) Not later than eighteen months after this article is effective, the department division shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all solid waste incinerators, other than facilities specifically regulated under other provisions of this article or other applicable provisions of state law. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(C) The regulations governing solid waste incinerators shall, at a minimum, contain the following requirements:
(1) the submission by the permit applicant of the following documents:
(a) an engineering report which must, at a minimum, contain a description of the facility, the process and equipment to be used, the proposed service area, the types and quantities of wastes to be treated, and storage of waste;
(b) engineering plans and specifications which must, at a minimum, describe the process equipment specifications, instrumentation and control diagrams, and performance specifications for all major equipment and control centers;
(c) a personnel training program;
(d) an ash management plan including, at a minimum, an identification of the facility approved by the department division that will receive the residue and a certification that the facility shall have adequate capacity to handle such residue;
(e) an air quality monitoring plan;
(f) a description of the manner in which waste waters, if any, from the facility will be managed;
(g) a quality assurance and quality control report;
(h) a contingency plan describing a technically and financially feasible course of action to be taken in response to contingencies which may occur during construction and operation of the facility;
(i) an operation plan describing how the facility will meet all applicable regulatory requirements;
(j) a draft operation and maintenance manual; and
(k) a closure plan;
(2) locational criteria; provided, however, that the department division shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;
(3) facility design and operational requirements including, but not limited to, access controls, recordkeeping and reporting requirements, receipt and handling of solid waste, process changes, emergency preparedness, and guidelines for identifying items or materials that should be removed prior to incineration;
(4) air and water quality monitoring requirements;
(5) closure and postclosure requirements;
(6) financial responsibility requirements;
(7) personnel training requirements;
(8) ash residue requirements including, but not limited to, testing requirements and procedures, the contents of an ash management plan, handling, storage, reuse or recycling, transportation, and disposal of the ash; and
(9) corrective action requirements.
Section 44-96-350. (A) In addition to the requirements imposed by this article, the regulations promulgated by the department division must require, at a minimum, that municipal solid waste incinerator ash which is disposed of at a solid waste landfill be disposed of only in the following manner:
(1) the unit is located, designed, and operated so as to protect human health and safety and the environment;
(2) the unit has a groundwater monitoring system and a leachate collection and removal system; and
(3) the unit has a single composite liner or double geomembrane liner designed, operated, and constructed of materials to restrict the migration of any constituent into and through such liner during such period as the unit remains in operation.
(B) The department division shall prescribe criteria and testing procedures for identifying the properties of municipal solid waste incinerator ash that may result in entry into groundwater or surface water in such manner as may pose a hazard to human health and safety or to the environment. The department division shall prescribe such criteria and testing procedures not later than eighteen months after this article is effective. Based on the criteria and testing procedures, the regulations shall permit municipal incinerator ash which does not exhibit any of the properties identified in such criteria to be disposed of in solid waste landfill units or cells meeting the applicable regulatory requirements of this section. If such ash exhibits any of the properties identified in the criteria, the department division may require that it be disposed of in a landfill meeting the requirements for hazardous waste disposal.
Section 44-96-360. (A) Not later than eighteen months after this article is effective, the department division shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of facilities which receive solid waste for processing. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) All new processing facilities must comply with the requirements of this section. The department division shall establish a schedule for existing facilities to come into compliance with the requirements of this section.
(C) The regulations governing solid waste processing facilities shall, at a minimum, contain the following requirements:
(1) the submission by the permit applicant of the following documents:
(a) an engineering report which must, at a minimum, contain a description of the facility, the process and equipment to be used, the proposed service area, the types and quantities of waste to be processed, and a description of existing site conditions;
(b) complete construction plans and specifications;
(c) a design report;
(d) a personnel training program;
(e) an identification of possible air releases and groundwater and surface water discharges;
(f) a waste control plan describing the manner in which waste from the processing activities will be managed. The plan must, at a minimum, identify the facilities to be approved by the department division that will receive the waste and a certification that such facilities have adequate capacity to manage the waste;
(g) a quality assurance and quality control report;
(h) a contingency plan describing the action to be taken in response to contingencies which could occur during operation of the facility;
(i) an operation plan describing how the facility will meet all applicable regulatory requirements;
(j) a draft operation and maintenance manual;
(k) a closure plan; and
(l) a description of the restrictions, if any, that the facility places on the materials it receives for processing and a statement explaining the need for such restrictions;
(2) locational criteria; provided, however, that the department division shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;
(3) facility design and operational requirements including, but not limited to, access controls, reporting and recordkeeping requirements, receipt and handling of solid waste, process changes, emergency preparedness, and guidelines for identifying items or materials that may not be accepted for processing;
(4) monitoring requirements including, at a minimum, air quality monitoring and analysis, groundwater and surface water quality monitoring and analysis, and product quality testing and analysis;
(5) closure and postclosure requirements;
(6) financial responsibility requirements;
(7) personnel training requirements; and
(8) corrective action requirements.
Section 44-96-370. (A) Not later than eighteen months after this article is effective, the department division shall promulgate regulations establishing minimum standards for any storage of solid waste prior to processing or incineration or at or in a transfer station. Such regulations shall require that any spillage or leakage of solid waste be contained on the storage site and that no unpermitted discharges to the environment occur. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) Not later than eighteen months after this article is effective, the department division shall promulgate regulations governing solid waste transfer facilities. The regulations shall, at a minimum, require the submission by a permit applicant of a plan of operation and shall establish locational criteria, operational requirements, and closure requirements. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
Section 44-96-380. (A) Not later than eighteen months after this article is effective, the department division shall promulgate regulations establishing minimum standards for land application facilities and composting facilities. The regulations shall, at a minimum, establish operational requirements and siting requirements. The department division may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) Not later than eighteen months after this article is effective, the department division shall promulgate regulations establishing minimum standards for construction, demolition, and land clearing debris landfills. The department division may, by regulation, exempt certain sites or facilities from all or part of the requirements of this section. The department division shall exempt a landfill for the disposal of trees, stumps, wood chips, and yard waste when generation and disposal of such waste occurs on properties under the same ownership or control. The regulation shall, at a minimum, contain the following requirements:
(1) site selection;
(2) construction;
(3) hydrogeologic;
(4) operation; and
(5) closure and postclosure.
Section 44-96-390. (A) For the purposes of this section, 'special wastes' is defined as nonresidential or commercial solid wastes, other than regulated hazardous wastes, that are either difficult or dangerous to handle and require unusual management at municipal solid waste landfills, including, but not limited to:
(1) pesticide wastes;
(2) liquid wastes and bulk liquid wastes;
(3) sludges;
(4) industrial process wastes, defined as wastes generated as a direct or indirect result of the manufacture of a product or the performance of a service, including, but not limited to, spent pickling liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, point sludges, core sands, metallic dust sweepings, asbestos dust, and off-specification, contaminated, or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, landscape waste, and construction or demolition debris;
(5) wastes from a pollution control process;
(6) residue or debris from the cleanup of a spill or release of chemical substances, commercial products, or wastes listed in items (1)through (5);
(7) soil, water, residue, debris, or articles that are contaminated from the cleanup of a facility or site formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in items (1) through (6); and
(8) containers and drums.
(B) A special waste must not be disposed of nor accepted for disposal at a municipal solid waste landfill without prior written approval by the disposal facility in accordance with department division requirements.
(C) A facility may apply to the department division at any time for modifications or additions to the types of special waste disposed of or methods for disposal.
(D) Not later than six months after this article is effective or the initial receipt of wastes, whichever is later, the owner or operator of a municipal solid waste landfill shall prepare and submit to the department division a waste analysis plan that addresses, at a minimum, the:
(1) parameters for which each waste will be analyzed and the rationale for the selection of those parameters;
(2) test methods which will be used to test for those parameters;
(3) sampling methods which will be used to obtain a representative sampling of the special waste to be analyzed;
(4) frequency with which the initial analysis of the special waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and
(5) procedures which will be used to inspect and, if necessary, analyze each special waste received at the facility to ensure that it matches the identity of the special waste designated on the accompanying transportation record. At a minimum, the plan must describe the:
(a) procedures which will be used to determine the identity of each special waste managed at the facility; and
(b) the sampling methods which will be used to obtain a representative sample of the special waste to be identified, if the identification method includes sampling.
(E) The department division shall respond to the analysis plan within ninety days of the date of its receipt by the department division.
Section 44-96-400. (A) To assist in carrying out its responsibilities under this chapter, the department division may require:
(1) the establishment and maintenance of records;
(2) the making of reports;
(3) the taking of samples and the performing of tests or analyses;
(4) the installation, calibration, use, and maintenance of monitoring equipment; or
(5) the providing of such other information as may be reasonably necessary to achieve the purposes of this chapter.
(B) Information obtained by the department division pursuant to this chapter shall be available to the public unless the department division determines such information to be proprietary. The department division may make such determinations where the person submitting the information demonstrates to the satisfaction of the department division that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection.
Section 44-96-410. For the purpose of enforcing this chapter or any regulations promulgated pursuant to this chapter, an authorized representative or employee of the department division may, upon presentation of appropriate credentials, at a reasonable time:
(1) enter any facility where solid wastes are managed;
(2) inspect and copy any records, reports, information, or test results necessary to carry out the department's division's responsibilities under this chapter; or
(3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department division shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department division also shall provide such person with a copy of the results of any analyses of such samples.
Section 44-96-420. The department division may issue, modify, or revoke any order to prevent a violation of this chapter.
Section 44-96-430. The department division may hold public hearings and compel the attendance of witnesses, conduct studies, investigations, and research with respect to the operation and maintenance of any solid waste management facility and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of solid waste management facilities. However, no permit shall be revoked without first providing the permit holder with the opportunity for a hearing.
Section 44-96-440 (A) It shall be unlawful for any person to manage solid wastes in this State without reporting such activity to the department division as required by regulation.
(B) It shall be unlawful for any person to manage solid wastes in this State without complying with the standards and procedures set forth in such regulations.
(C) It shall be unlawful for any person to fail to comply with this article and any regulations promulgated pursuant to this article, or to fail to comply with any permit issued under this article, or to fail to comply with any order issued by the board, commissioner, or department division.
Section 44-96-450. (A) Whenever the department division finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department division may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, or the department division may bring civil action for injunctive relief in the appropriate court, or the department division may request that the Attorney General bring civil or criminal enforcement action under this section. The department division also may impose reasonable civil penalties established by regulation, not to exceed ten thousand dollars for each day of violation, for violations of the provisions of this article, including any order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department division may appeal the decision of the department division or board to the court of common pleas.
(B) A person who wilfully violates any provision of this article, or a regulation promulgated pursuant to this article, is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment shall be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of this subsection shall not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.
(C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, or requirement established under this article constitutes a separate offense.
Section 44-96-460. (A) The department division shall establish qualifications for and encourage the development of certification programs for operators of landfills, coordinators of local recycling programs, and operators of other solid waste management facilities.
(B) The department division shall work with accredited community colleges, vocational technical centers, state universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be certified as operators of solid waste management facilities.
(C) Two years after this article is effective, no person may perform the duties of an operator of a solid waste management facility unless he has completed an operator certification course approved by the department division. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless such person has completed an approved solid waste management facility operator certification course.
(D) The department division shall adopt regulations to carry out the provisions of this section. The department division may establish by rule classifications for operators to cover the need for differing levels of certification required to operate various types of solid waste management facilities due to different operating requirements at such facilities.
(E) For purposes of this section, the term 'operator' means any person, including the owner, who is principally engaged in, or is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or period during any part of the day.'
Section 44-96-470. (A) Upon the submission of a permit application to the department division for a municipal solid waste disposal facility, the permit applicant shall within fifteen days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) If the application is for a facility serving no more than one county, the public notice must be published in a newspaper of general circulation serving the host county, and each local government in the county shall be notified further in writing of the permit application.
(2) If the application is for a facility serving more than one county, the public notice must be published in a newspaper of general circulation serving each affected county, and each local government within such counties shall be notified in writing of the permit application. For the purpose of this item, 'affected county' includes the host county, each county under contract with the proposed facility, and all counties contiguous to the host county.
(3) The public notice must be prominently displayed in the courthouse of each notified county. and
(4) The initial public notice and all other public notices required under this section, at a minimum, shall contain:
(a) the name and address of the applicant;
(b) the nature of the proposed facility;
(c) a description of the proposed site;
(d) a locational map showing the proposed site; and
(e) such other information as is necessary to fully inform the public to be determined by regulations to be promulgated by the department division.
(B) The department division shall review the application and supporting data and make a determination whether the permit application is administratively complete. The department division shall notify, in writing, the applicant, the host local government, if different from the applicant, and any other person who has made a written request for notification to the department division of this determination.
(C) Upon receipt from the department division of notice that the permit application is administratively complete, the host local government for the proposed site, within forty-five days of receipt of such notification from the department division, as outlined in items (1), (2), (3), and (4) of subsection (A), shall advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process.
(D) Following notification that the permit application is administratively complete, the department division shall continue to review the applicant's permit application, but the department division shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this section have been exhausted.
(E) The department division shall not be a party to the negotiation process described in this section, nor shall technical environmental issues which are required by law and by regulation to be addressed in the permitting process be considered negotiable items by parties to the negotiation process.
(F) Within thirty days following a public meeting held in accordance with subsection (C), a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least twenty-five affected persons, at least twenty of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term 'affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government. To be valid, signatures shall be accompanied by the following information:
(1) for a registered voter: home address and voter registration number; and
(2) for a landowner: home or business address and the county in which the property lies, together with its tax map number.
(G) Within fifteen days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this section.
(H) Within fifteen days following the validation of the written petition, the host local government shall:
(1) set a date, time, and location for a petitioner's meeting to choose a citizens' facility issues committee and a date, time, and location for a meeting with the citizens' facility issues committee, the host local government, and the permit applicant not later than thirty days following validation of such written petition to negotiate;
(2) notify the petitioners by publication as provided in items (1), (2), (3) , and (4) of subsection (A) that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting; and
(3) notify the permit applicant, if different from the host local government, and the department division that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting.
(I) The host local government shall organize the petitioners meeting. The majority of the petitioning persons in attendance shall select up to ten members, at least eighty percent of whom shall be registered voters or landowners in the host local government, to serve on a citizens' facility issues committee to represent the petitioning persons in the negotiation process. The membership of the citizens' facility issues committee shall be chosen within fifteen days following the validation of such written petition pursuant to this section.
(J) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens' facility issues committee, from a list provided by the department division. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant.
(K) Beginning with the date of the first negotiation meeting called in accordance with subsection (H), there shall be no fewer than three negotiation meetings within forty-five days unless waived by consent of the applicant and a majority of the facility issues committee. Such negotiation meetings shall be presided over by the facilitator named in subsection (J) and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.
(L) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government.
(M) All issues except those which apply to environmental permit conditions are negotiable. Environmental permit conditions are not negotiable. Issues which may be negotiated include, but are not limited to:
(1) operational issues, such as hours of operation;
(2) recycling efforts that may be implemented;
(3) protection of property values;
(4) traffic routing and road maintenance; and
(5) establishment of local advisory committees.
(N) At the end of the forty-five-day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in items (1) , (2), (3), and (4) of subsection (A) and shall include the date, time, and place as determined by the facilitator of a public meeting, to be held within ten days after publication, with the permit applicant, host local government, and facility issues committee, at which the input of persons not represented by the citizens' facility issues committee may be received.
(O) The negotiated concessions reached by agreement of all the negotiating parties shall be reduced to writing and executed by the chairman of the citizens' facility issues committee and the chief elected official of the host local government and must be certified by resolution of the host local government.
(P) If the negotiating parties fail to reach consensus on an issue, the permit applicant may proceed to seek a permit from the department division. The facilitator shall notify the department division in writing that the negotiating parties have failed to reach consensus and the nature of the disputed issues.
(Q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the department division. The facilitator shall notify the department division in writing that the negotiating parties have reached consensus.
(R) Negotiated concessions shall not be construed as environmental permit conditions. However, they may be enforced by any negotiating party in a civil proceeding.
(S) Upon receipt of a written notification from the facilitator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the department division shall proceed to process the permit."
SECTION 40. Section 46-1-130 of the 1976 Code is amended to read:
"Section 46-1-130. (a) Notwithstanding any other provisions of the law, any person having knowledge of the death of a person who engages in seasonal agricultural work as his primary source of income and does not normally return to his permanent place of residence each night shall, without delay, report the fact of such death to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources in the county in which the body is located together with any information he may possess respecting the deceased including his identity, place of employment, permanent residence, and the name, address, and telephone number of any relatives. The County Department of Health and Environmental Control Division of Environmental Control shall within a reasonable amount of time of receiving such report transmit to the State Department of Health and Environmental Control Division of Environmental Control notice of the death of the deceased worker and information pertaining thereto. The State Department of Health and Environmental Control Division of Environmental Control shall upon such notification make every effort to inform the nearest relative of such death.
(b) In the event that the identity of the deceased cannot be determined within a reasonable period of time, or in the event that the body of the deceased is unclaimed seven days after death, or in the event that the estate or the relatives are unable to provide for the burial of the deceased, the Department of Health and Environmental Control Division of Environmental Control is authorized to allocate a sum of not more than three hundred and fifty dollars for the burial of such worker.
(c) In the event that the estate or the relatives of the deceased are able to provide for the burial but are unable to provide for the transportation of the body of the deceased to his legal residence or the legal residence of the relatives, the Department of Health and Environmental Control Division of Environmental Control is authorized to allocate a sum of not more than two hundred dollars to defray the transportation expenses.
(d) The Department of Health and Environmental Control Division of Environmental Control is authorized to file a claim with the Social Security Administration for reimbursement of the maximum amount allowable in behalf of the deceased and to use such funds or any assets belonging to the deceased to defray the burial or transportation expenses."
SECTION 41. Section 46-1-140 of the 1976 Code is amended to read:
"Section 46-1-140. Any irrigation system which is designed or used for the applications of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. The minimum acceptable anti-syphon device shall include a check valve, vacuum breaker, and low pressure drain on the irrigation supply line between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker must be upstream from the check valve. The low pressure drain must be upstream from the vacuum breaker. The injection pump must be tied to the irrigation pump either mechanically or electrically so that the injection pump shall stop operating if the irrigation pump fails to function.
Any person who uses an irrigation system for the application of fertilizer, pesticide, or chemicals which is not equipped with an anti-syphon device as required by this section is subject to a civil penalty of not more than five hundred dollars. Each day's violation is subject to an additional fine.
The Division of Regulatory and Public Service Programs at Clemson University shall promulgate regulations with the advice of the Department of Health and Environmental Control Division of Environmental Control as it considers necessary to implement this section and is also charged with enforcing this section. The provisions of this section do not apply to residential yard use."
SECTION 42. Section 46-3-240 of the 1976 Code is amended to read:
"Section 46-3-240. The Commissioner of Agriculture and all inspectors and chemists employed under Chapter 27 of this Title shall be charged with the enforcement of such regulations relating to food and drugs, in addition to those with which they are expressly charged by law, as the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources of may issue under the authority of law. And such inspectors shall also assist in the enforcement of all of the provisions of this chapter."
SECTION 43. Section 46-7-100 of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:
"Section 46-7-100. Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals must report animals having or suspected of having any disease that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human or animal fatalities or incidents of permanent or long-term disability. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the State Veterinarian and must include as much of the following information as is available: the geographical location of the animal or the exposure, the name and address of any known owner, and the name and address of the reporting individual. The State Veterinarian must report to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130."
SECTION 44. Section 46-7-110 of the 1976 Code, as last amended by Act 340 of 2002, is further amended to read:
"Section 46-7-110. (A) Clemson University, in conjunction with the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, shall create a training and certification program for owners or operators of an animal facility as defined in Regulation 61-43 which must include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal facility and land application of animal waste; controlling vectors, testing for toxic metals, organic materials, and other elements; and implementing emergency procedures and spill prevention protocols.
(B) An operator of an animal facility and waste utilization area must be trained and certified according to South Carolina Department of Health and Environmental Control division Regulations on the operation of animal waste management under the program created in subsection (A)."
SECTION 45. Section 46-9-120 of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:
"Section 46-9-120. Every farmer, agriculturalist, county extension agent, agricultural products processor, crop advisor, or other person working in agriculture, or person having responsibility for agricultural production or processing must report agricultural products having or suspected of having any disease or infection from any crop pest whatsoever that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly infectious agents and which might cause serious agricultural threat to the State. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the Director, Regulatory and Public Service Programs, Clemson University, and must include as much of the following information as is available: the geographic location of the agricultural product and/or its origin; the name and address of any known owner, the name and address of any known shipper; the name and address of the owner of the point of origin; and the name and address of the reporting individual. The director must report to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130."
SECTION 46. Section 46-13-110 of the 1976 Code is amended to read:
"Section 46-13-110. The Director may by regulation require the reporting of significant pesticide accidents or incidents to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 47. Section 46-51-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 46-51-20. Within ninety days after the creation of the office the facilitator shall meet with the director of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, the director of the South Carolina Department Division of Natural Resources, Department of Environment and Natural Resources and the executive director of the State Budget and Control Board to establish one application form which must be used by all the permitting agencies when a potential aquaculturist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies listed above and seek to maintain the division of authority."
SECTION 48. Section 47-1-80 of the 1976 Code is amended to read:
"Section 47-1-80. Any agent or officer of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources or police officer or officer of the South Carolina Society for the Prevention of Cruelty to Animals or of any society duly incorporated for that purpose may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing to be glandered, injured or diseased past recovery for any useful purpose."
SECTION 49. Section 47-4-150 of the 1976 Code, as last amended by Act 362 of 1994, is further amended to read:
"Section 47-4-150. The commission by regulation may establish advisory committees which fairly reflect the particular portion of the industry being regulated as well as other concerned groups or agencies. The members of these committees serve at the pleasure of the commission. In nominating the members of the advisory committees the director shall consult with officials of representative trade associations, the Administrator of the South Carolina Department of Consumer Affairs, the Commissioner of Agriculture, and the Commissioner Director of the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources. The committee members serve at no cost to the State."
SECTION 50. Chapter 5, Title 47 of the 1976 Code, as last amended by Act 343 of 2002, is further amended to read:
Section 47-5-10. Section 47-5-10. This chapter may be referred to as the 'Rabies Control Act'.
Section 47-5-20. As used in this chapter:
(1) 'Carnivore' means a flesh-eating animal and includes those animals known to be reservoirs of rabies including, but not limited to, raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding between these wild animals and domestic dogs or cats.
(2) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, including county health departments.
(3) 'Domesticated animal' means owned or stray cats, dogs, and ferrets or other animals for which there exists a rabies vaccine approved by the department division and licensed by the United States Department of Agriculture.
(4) 'Inoculation against rabies' means the injection, subcutaneously, intramuscularly or otherwise, of antirabic vaccine as approved by the department division and by the United States Department of Agriculture.
(5) 'Licensed veterinarian' means a person licensed by law to practice veterinary medicine in this State.
(6) 'Owner' means any person who:
(a) has a right of property in a pet;
(b) keeps or harbors a pet or who has it in his care or acts as its custodian; or
(c) permits a pet to remain on or about any premises occupied by him.
(7) 'Pet' means only domesticated cats, dogs, and ferrets.
(8) 'Quarantine' means a prescribed, restricted confinement of a pet or other animal up to and including a state of enforced isolation. The quarantine is for the purpose of observation of the animal for signs or symptoms, or both, of rabies and for the prevention of potential rabies transmission by the animal to a person, other pets, or other animals. The location, conditions, and length of the quarantine must be prescribed by the department division.
Section 47-5-30. The department division may employ a licensed doctor of veterinary medicine to serve as public health veterinarian of the department division. In addition to the duties as public health veterinarian, this person shall aid administratively in the prevention and control of all diseases communicable from animal to man in this State and in combating these diseases in cooperation with the Department Division of Natural Resources, the extension service of Clemson University, and any other state or federal agencies engaged in similar efforts to combat diseases communicable from animal to man.
Section 47-5-40. The enforcement of the provisions of this chapter must be carried out under the direct supervision of the department division. It is unlawful for anyone to obstruct or interfere with the authorized representative of the department division as he carries out the provisions of this chapter.
Section 47-5-50. (A) No carnivores, which normally are not domesticated, may be sold as pets in this State. A carnivore kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released to the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.
(B) Purchasers of a domesticated ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.
(C) Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.
(D) This section does not apply to the sale, purchase, donation, or transfer of ownership of carnivores between publicly-owned zoos or animal dealers located in this State and licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act on the effective date of this chapter. These exemptions do not allow for the sale, purchase, donation, or transfer of ownership to private individuals in this State. Any public displays, showings, or exhibitions of wild carnivores, primates, or any other animals for which a USDA licensed rabies vaccine does not exist are allowed only when these displays, showings, or exhibitions prevent any possible contact by these animals with the members of the general public.
Section 47-5-60. A pet owner must have his pet inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department division and licensed by the United States Department of Agriculture. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department division or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department division the number of animals inoculated against rabies during the preceding year. The department division, in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed three dollars, including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation.
Section 47-5-80. A pet owner or any other person shall notify the county health department if:
(1) a pet or other animal is affected by rabies;
(2) a pet or other animal is suspected of having rabies; or
(3) a pet has been attacked or bitten by a domesticated or wild animal known or suspected of being affected by rabies.
This notice must include the location where the pet or other animal was last seen or where it may possibly be found, or both.
Section 47-5-90. Every physician after his first professional attendance upon a person bitten by a pet or other animal, by the end of the next working day, shall report the bite to the county health department and the name, age, sex, weight, address, and telephone number of the person bitten. If no physician attends to the bite, it is the responsibility of the bitten adult or the parent or guardian of a bitten minor child to report the bite by the end of the next working day to the county health department.
Section 47-5-100. The county health department shall serve notice upon the owner of a dog, cat, or ferret which has attacked or bitten a person to quarantine the animal at the expense of the owner upon his premises or at an animal shelter or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of quarantine to determine if the animal shows symptoms of rabies. No person may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The department shall serve notice upon the owner of an animal other than a dog, cat, or ferret when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice.
Section 47-5-110. The county health department shall serve a written notice to the owner of a pet that has been bitten by or otherwise exposed to any animal affected or suspected of being affected by rabies. The notice must require the owner to have a currently inoculated pet revaccinated immediately and to quarantine the pet for a period of not less than forty-five days. An uninoculated pet must be quarantined for a period of not less than one hundred eighty days. The uninoculated pet must be inoculated after one hundred fifty days of the quarantine period and released from quarantine thirty days after that if no sign of rabies is observed.
Section 47-5-120. When there is a danger of rabies spread in a community, and it is necessary in the interest of the public's health and safety, the commissioner director of the department division or his designee may issue an order to include the general quarantine or immediate inoculation, or both, of pets against rabies within the affected community whether or not these pets have been previously inoculated. The order may require that efforts to reduce the stray and feral animal population be undertaken.
Section 47-5-150. The department division must ensure the availability of antirabic (human) vaccine and globulin products for persons bitten by or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. The provision of such products shall be in accordance with departmental the division's guidelines. The department division is authorized to seek reimbursement for the cost of such products from sources to include, but not limited to, personal/medical insurance and/or Medicaid/Medicare coverage of the person receiving the products.
Section 47-5-180. The department division shall enforce this chapter. The sheriff and his deputies, the police officers in each incorporated municipality, and animal control officials in each county and municipality shall assist and cooperate with the county health department in enforcing this chapter.
Section 47-5-190. The county health departments, the county rabies control officers, their assistants, the department division, the public health veterinarian or anyone enforcing the provisions of this chapter are not responsible for any accident or subsequent disease that may occur in connection with the inoculation of any animal as provided in this chapter.
Section 47-5-200. A person refusing to comply with the provisions of this chapter or violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished up to the maximum penalties that may be imposed in magistrate's court.
Section 47-5-210. Nothing in this chapter may be construed to limit the power of any political subdivision within the State to prohibit pets from running at large, whether or not they have been inoculated as provided in this chapter; this chapter may not be construed to limit the power of any political subdivision to regulate and control further and to enforce other and additional measures for the restriction and control of rabies."
SECTION 51. Section 47-17-40(b) of the 1976 Code is amended to read:
"(b) The director shall refuse to render inspection to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section. The director shall immediately notify the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources of the name and address of any establishment for which the director shall refuse to render veterinary inspection service."
SECTION 52. Section 47-17-120 of the 1976 Code, as last amended by Act 362 of 1994, is further amended to read:
"Section 47-17-120. A person operating an establishment in which equine, cattle, sheep, swine, or goats are slaughtered or in which meat, meat by-products, or meat food products of, or derived from, equine, cattle, sheep, swine, or goats are wholly or in part canned, cured, smoked, salted, packed, rendered, or otherwise prepared, which are offered for sale as food for humans shall secure a permit from the commission. This section is not applicable to persons exempted from inspection under Section 47-17-90 (1) and (2).
(B) The permit fee is fifty dollars annually or for part of a year. The permit year is July first to June thirtieth. The fees must be retained by the commission. The commission by regulation may increase the fee to not more than two hundred dollars.
(C) Applications for permits must be in writing to the commission on forms it prescribes.
(D) The commission, for cause, may refuse to grant a permit, may revoke or modify a permit, or assess a civil penalty in accordance with Section 47-4-130. Veterinary inspection must not be conducted in an establishment whose permit has been denied, suspended, or revoked. The commission immediately shall notify the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources of action upon a permit."
SECTION 53. Section 47-17-130 of the 1976 Code is amended to read:
"Section 47-17-130. The director shall promulgate such rules and regulations and appoint such veterinarians and other qualified personnel as are necessary to carry out the purposes or provisions of this article. Such rules and regulations shall be in conformity with the rules and regulations under the Federal Meat Inspection Act and the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources as now in effect and with subsequent amendments thereof unless they are considered by the director as not to be in accord with the objectives of this article."
SECTION 54. Section 47-17-140 of the 1976 Code is amended to read:
"Section 47-17-140. (a) This article shall not apply to any act or transaction subject to regulations under the Federal Meat Inspection Act.
(b) The director shall cooperate with the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources and may cooperate with the federal government in carrying out the provisions of this article or the Federal Meat Inspection Act.
(c) The provisions of this article shall be applied in such a manner as to maintain the support and cooperation of all State and local agencies dealing with animals, animal diseases and human diseases, and in no way shall this article restrict the authority given to the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, the State Department of Agriculture or any other agency under the General Statutes of South Carolina.
(d) No person shall be prohibited from the operation of a business regulated by this article because of the inability of the director to provide adequate personnel for inspection within two years from July 1, 1967."
SECTION 55. Section 47-17-320 of the 1976 Code is amended to read:
"Section 47-17-320. The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources is charged with the enforcement of the provisions of this article. All meat found by the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources which is landed within the boundaries of the State and does not comply with the provisions of this article shall be confiscated and destroyed."
SECTION 56. Section 47-19-35 of the 1976 Code, as last amended by Act 362 of 1994, is further amended to read:
"Section 47-19-35. (A) A person operating an establishment in which poultry is slaughtered or in which poultry, poultry by-products, or poultry food products, of or derived from fowl, are wholly or in part canned, cured, smoked, salted, packed, rendered, or otherwise prepared which are offered as food for humans shall secure a permit from the State Livestock-Poultry Health Commission. This section is not applicable to persons exempted from inspection under Section 47-19-140.
(B) The permit fee is fifty dollars annually or for part of a year. The permit year is July first to June thirtieth. These fees must be retained by the commission. The commission by regulation may increase the fee not to exceed two hundred dollars.
(C) Applications for permits must be in writing to the commission on forms it prescribes.
(D) The commission, for cause, may refuse to grant a permit, may suspend, revoke, or modify the permit, or may assess a civil penalty in accordance with Section 47-4-130. Veterinary inspection must not be conducted in an establishment whose permit has been denied, suspended, or revoked. The commission immediately shall notify the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources of permit actions."
SECTION 57. Chapter 20, Title 47 of the 1976 Code, as last amended by Act 460 of 1996, is further amended to read:
Section 47-20-10. As used in this chapter:
(1) 'Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) 'Animal' means a domesticated animal belonging to the porcine species.
(3) 'Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding operation if they are adjacent or utilize a common system for animal waste storage.
(4) 'Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) 'Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) 'Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) 'Department division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(8) 'Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) 'Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.
(10) 'Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.
(11) 'Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) 'Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) 'Waste utilization area' means land on which animal waste is spread as a fertilizer.
(14) 'Watershed' means a drainage area contributing to a river, lake, or stream.
(15) 'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
(16) 'Wetlands' means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands must be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria must be met for an area to be identified as wetlands.
Section 47-20-20. (A) All siting requirements for animal feeding operations must be measured from property lines.
(B) After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:
(1) For an animal feeding operation with a capacity of 420,000 to 840,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,000 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(2) For an animal feeding operation with a capacity of 840,001 to 1,260,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(3) For an animal feeding operation with a capacity of 1,260,001 to 1,680,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(4) For animal feeding operations with a capacity of more than 1,680,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.
(5) The minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.
(6) The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.
(7) The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department division regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond constructed of concrete to standards outlined in department division regulations and waters of the State is 1,000 feet. A minimum 100-foot vegetative buffer of plants and trees is required.
(8) If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department division and the appropriate local government officials.
(C) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.
(D) No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department division.
(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to drinking water quality standards.
(F) The setback limits are minimum siting requirements. The department division shall promulgate regulations specifying factors that the department division shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:
(1) proximity to 100-year flood plain;
(2) soil type;
(3) location in watershed;
(4) nutrient sensitivity of receiving waters;
(5) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
(6) proximity to other point and nonpoint sources; and
(7) slope of the land.
Section 47-20-30. A separation distance requirement as provided in Section 47-20-20(1) to (4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Deeds of the county in which the benefited land is located. The filed waiver precludes enforcement by the State of Section 47-20-20(B)(1) to (4) as it relates to the animal feeding operation and to real property owned by another person.
Section 47-20-40. (A) The department division shall promulgate regulations relating to land application rates for animal waste for animal feeding operations of a capacity for more than 420,000 pounds of normal production animal live weight at any one time. These rates must be based on the waste's impact on the environment, animals, and people living in the environment. In developing annual pollutant loading rates and cumulative pollutant loading rates, the department division shall consider:
(1) soil type;
(2) type of vegetation growing in land-applied area;
(3) proximity to 100-year flood plain;
(4) location in watershed;
(5) nutrient sensitivity of receiving land and waters;
(6) soil and sediment tests of receiving land and waters;
(7) nutrient, heavy metal, and pollutant content of the waste being applied;
(8) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
(9) proximity to other point and nonpoint sources;
(10) slope of land;
(11) distance to water table or ground-water aquifer;
(12) timing of waste application to coincide with vegetative cover growth cycle;
(13) timing of harvest of vegetative cover;
(14) hydraulic loading limitations; and
(15) soil assimilative capacity;
(16) type of vegetative cover and its nutrient uptake ability;
(17) method of land application.
(B) The department division shall require calibration of spray irrigation equipment.
(C) Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.
(D) The department division shall ensure that owners or operators adhere to land application rates.
Section 47-20-50. The following application rates shall only apply to animal feeding operations with a capacity of more than 420,000 pounds of normal production animal live weight at any one time.
(A) The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.
(B) The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.
(C) The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.
Section 47-20-60. (A) The department division shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.
(B) Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 420,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.
(C) The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.
(D) Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.
(E) Waste must not be placed directly in or allowed to come into contact with groundwater. Additionally, the minimum separation distance between the lowest point of the lagoon and a waste storage pond and the highest point of the water table beneath the lagoon is 2 feet, unless adequate provisions have been taken and meet the standards established in regulations promulgated by the department division.
(F) The department division shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department division shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department division shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.
(G) The department division shall consider the cumulative impacts including, but not limited to, impacts from evaporation, storm water, and other potential and actual point and nonpoint sources of pollution runoff, levels of nutrients or other elements in the soils and nearby waterways, ground-water or aquifer contamination, pathogens or other elements, and the pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department division may require alternative waste treatment in watersheds which are nutrient-sensitive.
(H) Disposal of animal carcasses or body parts into waste lagoons is prohibited.
Section 47-20-70. (A) No person may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the department division. When an odor problem comes to the attention of the department division through field surveillance or specific complaints, the department division shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:
(1) the health or welfare of the people;
(2) plant, animal, or marine life;
(3) property;
(4) enjoyment of life or use of affected property.
(B) The department division may require these abatement or control practices:
(1) removal or disposal of odorous materials;
(2) methods in handling and storage of odorous materials that minimize emissions;
(3) prescribed standards in the maintenance of premises to reduce odorous emissions;
(4) best available control technology to reduce odorous emissions.
(C) After determining an undesirable level of odor exists, the department division shall require remediation of the undesirable level of odor.
(D) Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.
Section 47-20-80. (A) The department division, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.
(B) All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department division regulations in order to maximize vector control.
Section 47-20-90. (A) The department division shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.
(B) The department division also shall act on all permits so as to prevent degradation of water quality due to the cumulative and secondary effects of permit decisions. Cumulative and secondary effects are impacts attributable to the collective effects of a number of animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground-water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.
Section 47-20-100. The department division shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 420,000 pounds of normal production animal live weight at any one time. The annual inspection must include, but is not limited to, an on-site visit, review of the implementation of a waste management plan, review of results of monitoring analysis, annual pollutant loading rates, cumulative pollutant loading rates, and review of all records required by this chapter.
Section 47-20-110. (A) All animal feeding operations established after the effective date of this chapter which require the use of a lagoon and a waste storage pond and which have a capacity for more than 420,000 pounds of normal production animal live weight at any one time are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the department division considers appropriate around the lagoon in order to monitor seepage of waste from the lagoon.
(B) Each monitoring well installed must be analyzed at least once annually. However, the department division may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.
(C) Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department division.
(D) If leakage is discovered beyond an acceptable level as determined by the department division, the lagoon must be repaired at the owner or operator's expense.
Section 47-20-120. (A) No waste may be released from the premises of an animal feeding operation to waters of the State unless the waste is treated to drinking water quality standards.
(B) Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this chapter.
Section 47-20-130. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department division, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.
(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).
Section 47-20-140. (A) For an animal feeding operation which has the capacity of more than 420,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department division shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department division on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.
(B) The department division shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department division receives at least twenty letters requesting a public hearing.
Section 47-20-150. (A) Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.
(B) The department division shall determine the appropriate fee for permit renewals.
Section 47-20-160. (A) The department division shall promulgate regulations for this chapter by January 1, 1998, and submit a report on its progress by January 1, 1997.
(B) The department division shall promulgate regulations for siting and managing animal feeding operations with a capacity of 420,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's division's current guidelines.
Section 47-20-165. (A) In addition to any regulations authorized to be promulgated pursuant to this chapter, the Department of Health and Environmental Control division shall promulgate regulations regarding confined swine feeding operations which are separate and distinct from the regulations promulgated pursuant to this chapter.
(B) The separate and distinct regulations shall not be proposed until after the regulations required to be promulgated pursuant to this chapter take effect.
(C) The provisions of this chapter and Section 46-45-30 are severable and enforceable irrespective of whether a particular regulation has been promulgated.
(D)(1) The separate and distinct regulations shall include, but are not limited to, including the following:
(a) definitions;
(b) setback requirements;
(c) land application rates for animal waste and waste storage ponds;
(d) lagoon construction and maintenance requirements;
(e) odor control;
(f) vector control;
(g) application and annual operation fees;
(h) monitoring wells;
(i) certification of owners or operators of confined animal feeding operations and waste management systems;
(j) public notice requirements; and
(k) permit renewals.
(2) In addition, the separate and distinct regulations shall be based upon an evaluation of the impact upon the interests of the environment and agribusiness.
(3) In promulgating the separate and distinct regulations, the department division shall use the limits, distances, and other requirements provided in this chapter as the basis for the regulations. When the department division submits the proposed regulations to the General Assembly for approval, in addition to the information which must be filed pursuant to Section 1-23-120 of the 1976 Code, the department division shall include an explanation for each change proposed in the separate and distinct regulations from the requirements of this chapter.
(E) When the regulations promulgated by the department division pursuant to this section are approved by the General Assembly or take effect without action of the General Assembly, the provisions of this chapter and Section 46-45-30, and any regulations promulgated pursuant to authority granted in this chapter, are thereby repealed and shall no longer have the force and effect of law.
Section 47-20-170. Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."
SECTION 58. Chapter 1, Title 48 of the 1976 Code, as last amended by Act 95 of 2001, is further amended to read:
Section 48-1-10. This chapter may be cited as the 'Pollution Control Act' and, when used herein, unless the context otherwise requires:
(1) 'Person' means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever;
(2) 'Waters' means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction;
(3) 'Marine district' means the waters of the Atlantic Ocean within three nautical miles from the coast line and all other tidal waters within the State;
(4) 'Sewage' means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present and the admixture with sewage of industrial wastes or other wastes shall also be considered 'sewage';
(5) 'Industrial waste' means any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development of any natural resources;
(6) 'Other wastes' means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, chemicals, dead animals, heated substances and all other products, by-products or substances not sewage or industrial waste;
(7) 'Pollution' means (1) the presence in the environment of any substance, including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof in such quantity and of such characteristics and duration as may cause, or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be injurious to human health or welfare; or which damages property, plant, animal or marine life or use of property; or (2) the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water;
(8) 'Standard' or 'standards' means such measure of purity or quality for any waters in relation to their reasonable and necessary use as may after hearing be established;
(9) 'Department division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(10) 'Sewage system' or 'sewerage system' means pipelines and conductors, pumping stations, force mains and all other construction, devices and appliances appurtenant thereto used for conducting sewage, industrial waste or other wastes to a point of ultimate discharge;
(11) 'Treatment works' means any plant, disposal field, lagoon, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes;
(12) 'Disposal system' means a system for disposing of sewage, industrial waste or other wastes, including sewerage systems and treatment works;
(13) 'Outlet' means the terminus of a sewer system or the point of emergence of any water-borne sewage, industrial waste or other wastes, or the effluent therefrom, into the waters of the State;
(14) 'Shellfish' means oysters, scallops, clams, mussels and other aquatic mollusks and lobsters, shrimp, crawfish, crabs and other aquatic crustaceans;
(15) 'Ambient air' means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts which surrounds human, plant, or animal life, water or property;
(16) 'Air contaminant' means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by processes other than natural;
(17) 'Source' means any and all points of origin of air contaminants whether privately or publicly owned or operated;
(18) 'Undesirable level' means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as to be injurious to human health or welfare, or to damage plant, animal or marine life, to property or which unreasonably interfere with enjoyment of life or use of property;
(19) 'Emission' means a release into the outdoor atmosphere of air contaminants;
(20) 'Environment' means the waters, ambient air, soil and/or land;
(21) 'Effluent' means the discharge from a waste disposal system;
(22) 'Effluent limitations' means restrictions or prohibitions of chemical, physical, biological, and other constituents which are discharged from point sources into State waters, including schedules of compliance;
(23) 'Point source' means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may be discharged.
Section 48-1-20. It is declared to be the public policy of the State to maintain reasonable standards of purity of the air and water resources of the State, consistent with the public health, safety and welfare of its citizens, maximum employment, the industrial development of the State, the propagation and protection of terrestrial and marine flora and fauna, and the protection of physical property and other resources. It is further declared that to secure these purposes and the enforcement of the provisions of this chapter, the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall have authority to abate, control and prevent pollution.
Section 48-1-30. The Department division shall promulgate regulations to implement this chapter to govern the procedure of the Department division with respect to meetings, hearings, filing of reports, the issuance of permits, and all other matters relating to procedure. The regulations for preventing contamination of the air may not specify any particular method to be used to reduce undesirable levels, nor the type, design, or method of installation or type of construction of any manufacturing processes or other kinds of equipment. Except where the Department division determines that it is not feasible to prescribe or enforce an emission standard or standard of performance, it may, by regulation, specify equipment, operational practice, or emission control method, or combination thereof. The Department division may grant approval for alternate equipment, operational practice, or emission control method, or combination thereof, where the owner or operator of a source can demonstrate to the Department division that such alternative is substantially equivalent to that specified.
Section 48-1-40. The Department division, after public hearing as herein provided, shall adopt standards and determine what qualities and properties of water and air shall indicate a polluted condition and these standards shall be promulgated and made a part of the rules and regulations of the Department division. The Department division, in determining standards and designing the use of streams shall be guided by the provisions of this chapter.
Section 48-1-50. The Department division may:
(1) hold public hearings, compel attendance of witnesses, make findings of fact and determinations and assess such penalties as are herein prescribed;
(2) hold hearings upon complaints or upon petitions in accordance with Section 48-1-140 or as otherwise provided in this chapter;
(3) make, revoke or modify orders requiring the discontinuance of the discharge of sewage, industrial waste or other wastes into any waters of the State, or the discharge of air contaminants into the ambient air so as to create an undesirable level, resulting in pollution in excess of the applicable standards established. Such orders shall specify the conditions and time within which such discontinuance must be accomplished;
(4) institute or cause to be instituted, in a court of competent jurisdiction, legal proceedings, including an injunction, to compel compliance with the provisions of this chapter or the determinations, permits and permit conditions and orders of the Department division. An injunction granted by any court shall be issued without bond;
(5) issue, deny, revoke, suspend or modify permits, under such conditions as it may prescribe for the discharge of sewage, industrial waste or other waste or air contaminants or for the installation or operation of disposal systems or sources or parts thereof; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing;
(6) conduct studies, investigations and research with respect to pollution abatement, control or prevention. Such studies shall include but not be limited to, air control, sources, disposal systems and treatment of sewage, industrial waste or other wastes, by all scientific methods and, if necessary, of the use of mobile laboratories;
(7) settle or compromise any action or cause of action for the recovery of a penalty or damages under this chapter as it may deem advantageous to the State;
(8) cooperate with the governments of the United States or other states or State agencies or organizations, official or unofficial, in respect to pollution control matters or for the formulation of interstate pollution control compacts or agreements;
(9) prepare and develop a general comprehensive program for the abatement, control and prevention of air and water pollution;
(10) require to be submitted to it and consider for approval plans for disposal systems or sources or any parts thereof and inspect the construction thereof for compliance with the approved plans;
(11) administer penalties as otherwise provided herein for violations of this chapter, including any order, permit, regulation or standards;
(12) accept, receive and administer grants or other funds or gifts for the purpose of carrying out any of the purposes of this chapter; accept, receive and receipt for Federal money given by the federal government under any Federal law to the State of South Carolina for air or water control activities, surveys or programs;
(13) encourage voluntary cooperation by persons, or affected groups in restoration and preservation of a reasonable degree of purity of air and water;
(14) collect and disseminate information on air or water control;
(15) approve projects for which applications for loans or grants under the Federal Water Pollution Control Act or the Federal Air Quality Act are made by any municipality (including any city, town, district, or other public body created by or pursuant to the laws of this State and having jurisdiction over disposal of sewage, industrial wastes or other wastes) or agency of this State or by an interstate agency;
(16) participate through its authorized representatives in proceedings under the Federal Water Pollution Control Act or the Federal Air Quality Act to recommend measures for abatement of water pollution originating in this State;
(17) take all action necessary or appropriate to secure to this State the benefits of the Federal Water Pollution Control Act or the Federal Air Quality Act and any and all other Federal and State acts concerning air and water pollution control;
(18) consent on behalf of the State to request by the Federal Security Administrator to the Attorney General of the United States for the bringing of suit for abatement of such pollution;
(19) consent to the joinder as a defendant to such suit of any person who is alleged to be discharging matter contributing to the pollution, abatement of which is sought in such suit;
(20) conduct investigations of conditions in the air or waters of the State to determine whether or not standards are being contravened and the origin of materials which are causing the polluted condition;
(21) establish the cause, extent and origin of damages from waste including damages to the fish, waterfowl, and other aquatic animals and public property which result from the discharge of wastes to the waters of the State;
(22) require the owner or operator of any source or disposal system to establish and maintain such operational records; make reports; install, use, and maintain monitoring equipment or methods; sample and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department division shall prescribe; and provide such other information as the Department division reasonably may require;
(23) adopt emission and effluent control regulations, standards and limitations that are applicable to the entire State, that are applicable only within specified areas or zones of the State, or that are applicable only when a specified class of pollutant is present;
(24) enter at all times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of the environment of the State. Its authorized agents may examine and copy any records or memoranda pertaining to the operation of a disposal system or source that may be necessary to determine that the operation thereof is in compliance with the performance as specified in the application for a permit to construct; provided, however, that if such entry or inspection is denied or not consented to, and no emergency exists, the Department division is empowered to and shall obtain from the magistrate from the jurisdiction in which such property, premise or place is located, a warrant to enter and inspect any such property, premise or place prior to entry and inspection. The magistrate of such jurisdiction is empowered to issue such warrants upon a proper showing of the needs for such entry and inspection. The results of any such inspection and investigation conducted by the Department division shall be reduced to writing and a copy shall be furnished to the owner or operator of the source or disposal system; and
(25) issue orders prohibiting any political entity having the authority to issue building permits from issuing such permits when the political entity has been ordered to correct a condition which has caused or is causing pollution. Provided, that no such order shall be issued until the State is capable of participating in Federal, State and local cost-sharing arrangements for municipal waste treatment facilities as set forth in the Clean Water Restoration Act of 1966.
Section 48-1-60. It is recognized that, due to variable factors, no single standard of quality and purity of the environment is applicable to all ambient air, land or waters of the State. In order to attain the objectives of this chapter, the Department division, after proper study and after conducting a public hearing upon due notice, shall adopt rules and regulations and classification standards. The classification and the standards of quality and purity of the environment shall be adopted by the Department division in relation to the public use or benefit to which such air, land or waters are or may, in the future, be put. Such classification and standards may from time to time be altered or modified by the Department division.
The adoption of a classification of the waters and the standards of quality and purity of the environment shall be made by the Department division only after public hearing on due notice as provided by this chapter.
Section 48-1-70. The standards for water adopted pursuant to this chapter may prescribe:
(1) the extent, if any, to which floating solids may be permitted in the water;
(2) the extent to which suspended solids, colloids or a combination of solids with other substances suspended in water may be permitted;
(3) the extent to which organisms of the coliform group (intestinal bacilli) or any other bacteriological organisms may be permitted in the water;
(4) the extent of the oxygen which may be required in receiving waters; and
(5) such other physical, chemical or biological properties as may be necessary for the attainment of the objectives of this chapter.
Section 48-1-80. In adopting the classification of waters and the standards of purity and quality, consideration shall be given to:
(1) the size, depth, surface area covered, volume, direction, rate of flow, stream gradient and temperature of the water;
(2) the character of the district bordering such water and its peculiar suitability for the particular uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on such water for residential, agricultural, industrial or recreational purposes;
(3) the uses which have been made, are being made or may be made of such waters for transportation, domestic and industrial consumption, irrigation, bathing, fishing and fish culture, fire prevention, sewage disposal, or otherwise; and
(4) the extent of present defilement or fouling of such waters which has already occurred or resulted from past discharges therein.
Section 48-1-83. (A) The department division shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department division by regulation.
(B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section must notify the department division in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department division shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's division's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department division receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department division shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department division.
(C) The department Division of Environmental Control, in consultation with the Department Division of Natural Resources and the Environmental Protection Agency, shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen.
(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study:
(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model.
(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(E) The department division shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in subsection (D):
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior;
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and
(4) The Department Division of Natural Resources.
The department Division of Environmental Control and the Department Division of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). The department Division of Environmental Control and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department division to the party seeking a site-specific effluent limit related to dissolved oxygen.
(F) The department division shall provide the following agencies sixty days to review and comment on the results of the studies required in subsection (D):
(1) the United States Fish and Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department Division of Environmental Control, the Department Division of Natural Resources and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department Division of Environmental Control and the Department Division of Natural Resources must base their decision upon the entire record, taking into account whatever in the record detracts from the weight of the decision, and must be supported by evidence that a reasonable mind might accept as adequate to support the decision. Objections to the acceptance of the results of the study must be provided in writing by the department Division of Environmental Control to the party seeking a site-specific effluent limit related to dissolved oxygen.
Section 48-1-85. (A) It is unlawful for a person to operate or float a houseboat on the freshwaters of this State having a marine toilet unless it discharges only into a holding tank.
(B) As used in this section:
(1) 'Holding tank' means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.
(2) 'Houseboat' means a vessel which is used primarily as a residence and is not used primarily as a means of transportation.
(3) 'Marine toilet' includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.
(C) When an owner of a houseboat having a marine toilet applies to the Department Division of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both.
Section 48-1-90. (a) It shall be unlawful for any person, directly or indirectly, to throw, drain, run, allow to seep or otherwise discharge into the environment of the State organic or inorganic matter, including sewage, industrial wastes and other wastes, except as in compliance with a permit issued by the Department division.
(b) Any person who discharges organic or inorganic matter into the waters of this State as described in subsection (a) to the extent that the fish, shellfish, aquatic animals, wildlife or plant life indigenous to or dependent upon the receiving waters or any property are damaged or destroyed shall be liable to the State for such damages as may be proved. The action shall be brought by the State in its own name or in the name of the Department division.
The amount of any judgment for damages recovered by the State, less cost, shall be remitted to the agency, commission, department division, or political subdivision of the State that has jurisdiction over the fish, shellfish, aquatic animals, wildlife, or plant life damaged or destroyed.
The civil remedy herein provided shall not be exclusive, and any agency, commission, department division or political subdivision of the State with appropriate authority may undertake in its own name an action to recover such damages as it may deem advisable independent of this subsection.
Section 48-1-100. (A) A person affected by the provisions of this chapter or the rules and regulations adopted by the department division desiring to make a new outlet or source, or to increase the quantity of discharge from existing outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, or air contaminants, into the waters or ambient air of the State, first shall make an application to the department division for a permit to construct and a permit to discharge from the outlet or source. If, after appropriate public comment procedures, as defined by department division regulations, the department division finds that the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, a permit to construct and a permit to discharge must be issued to the applicant. The department division, if sufficient hydrologic and environmental information is not available for it to make a determination of the effect of the discharge, may require the person proposing to make the discharge to conduct studies that will enable the department division to determine that its quality standards will not be violated.
(B) The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources is the agency of state government having jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or coastal waters of the State, including waste water discharges.
(C) The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources is the agency of state government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or privately-owned systems for the disposal of offal and human or animal wastes.
Section 48-1-110. (a) It shall be unlawful for any person, until plans therefor have been submitted to and approved by the department division and a written permit therefor shall have been granted to:
(1) construct or install a disposal system or source;
(2) make any change in, addition to or extension of any existing disposal system or part thereof that would materially alter the method or the effect of treating or disposing of the sewage, industrial waste or other wastes;
(3) operate such new disposal systems or new source, or any existing disposal system or source;
(4) increase the load through existing outlets of sewage, industrial waste or other wastes into the waters of the State.
(b) The director of Health and Environmental Control the division shall classify all public wastewater treatment plants, giving due regard to size, types of work, character, and volume of waste to be treated, and the use and nature of the water resources receiving the plant effluent. Plants may be classified in a group higher than indicated at the discretion of the classifying officer by reason of the incorporation in the plant of complex features which cause the plant to be more difficult to operate than usual or by reason of a waste unusually difficult to treat, or by reason of conditions of flow or use of the receiving waters requiring an unusually high degree of plant operation control or for combinations of such conditions or circumstances. The classification is based on the following groups:
(1) For biological wastewater treatment plants: Group I-B. All wastewater treatment plants which include one or more of the following units: primary settling, chlorination, sludge removal, imhoff tanks, sand filters, sludge drying beds, land spraying, grinding, screening, oxidation, and stabilization ponds. Group II-B. All wastewater treatment plants which include one or more of the units listed in Group I-B and, in addition, one or more of the following units: sludge digestion, aerated lagoon, and sludge thickeners. Group III-B. All wastewater treatment plants which include one or more of the units listed in Groups I-B and II-B and, in addition, one or more of the following: trickling filters, secondary settling, chemical treatment, vacuum filters, sludge elutriation, sludge incinerator, wet oxidation process, contact aeration, and activated sludge (either conventional, modified, or high rate processes). Group IV-B. All wastewater treatment plants which include one or more of the units listed in Groups I-B, II-B, and III-B and, in addition, treat waste having a raw five-day biochemical oxygen demand of five thousand pounds a day or more.
(2) Effective July 1, 1987, for physical-chemical wastewater treatment plants: Group I-P/C. All wastewater treatment plants which include one or more of the following units: primary settling, equalization, pH control, and oil skimming. Group II-P/C. All wastewater treatment plants which include one or more of the units listed in Group I-P/C and, in addition, one or more of the following units: sludge storage, dissolved air flotation, and clarification. Group III-P/C. All wastewater treatment plants which include one or more of the units listed in Groups I-P/C and II-P/C and, in addition, one or more of the following: oxidation/reduction reactions, cyanide destruction, metals precipitation, sludge dewatering, and air stripping. Group IV-P/C. All wastewater treatment plants which include one or more of the units listed in Groups I-P/C, II-P/C, and III-P/C and, in addition, one or more of the following: membrane technology, ion exchange, tertiary chemicals, and electrochemistry.
(c) It shall be unlawful for any person or municipal corporation to operate a public wastewater treatment plant unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators in a grade corresponding to the classification of the public wastewater treatment plant supervised by him, except as hereinafter provided.
(d) It shall be unlawful for any person to operate an approved waste disposal facility in violation of the conditions of the permit to construct or the permit to discharge.
(e) It shall be unlawful for any person, directly or indirectly, negligently or willfully, to discharge any air contaminant or other substance in the ambient air that shall cause an undesirable level.
Section 48-1-120. If the Department division shall determine that an undesirable level exists, it shall take such action as necessary to control such condition.
The Department division shall grant such time as is reasonable for the owner or operator of a source to correct the undesirable level, after taking all factors into consideration that are pertinent to the issue.
In making its order and determinations, the Department division shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions involved including, but not limited to:
(a) the character and degree of injury to, or interference with, the health and physical property of the people;
(b) the social and economic value of the source of the undesirable levels;
(c) the question of priority of location in the area involved; and
(d) the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from such source.
If the undesirable level is not corrected within the required time, then the Department division shall issue an order to cease and desist from causing such emissions.
Section 48-1-130. Any person discharging sewage, industrial waste or other waste or air contaminant into any of the waters or ambient air of the State, without regard to the time that such discharge began or whether such continued discharge has been by virtue of a permit issued by the Department division, shall discontinue the discharge of such sewage, industrial waste or other wastes into, or in such manner or quantity as to cause pollution of, the waters of the State upon receipt of a final order of the Department division issued pursuant to the provisions of this chapter. But in the case of such discharges, except those discharges causing an actual or potential hazard to public health, no final order of discontinuance of discharge shall be entered until a reasonable time after service of an order of the Department division determining that such discharge constitutes pollution in contravention of the standards adopted by the Department division and directing the alleged polluter to take such steps as may be necessary to abate the polluting content of such discharge to conform to the standards of the Department division.
Section 48-1-140. (a) The Department division may, after notice and opportunity for a public hearing, revise or modify a national pollutant discharge elimination system permit in accordance with the procedures and criteria set out in Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972.
(b) The Department division may, after notice and opportunity for a public hearing, revise or modify a final compliance date for any stationary source or class or sources of air pollution whether contained in regulations or a compliance order, if the Department division determines that
(1) good faith efforts have been made to comply with such requirement before such date;
(2) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not reasonably available or have not been available for a sufficient period of time;
(3) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health;
(4) the continued operation of such source is essential to national security or to the public health or welfare.
Provided, however, that where the compliance date is one prescribed in the State Implementation Plan, the findings and recommendations of the Department division shall be submitted to the Governor for transmittal to the Administrator of the Federal Environmental Protection Agency or his designated representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for rejection of a request for modification or revisions of such compliance requirement.
(c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon which the determination is based.
Section 48-1-150. Public hearings shall be conducted by the Department division prior to action by the Department division in the classification of the waters or the adoption of standards of purity and quality thereof as provided by this chapter. The Department division may conduct public hearings prior to action in the following cases, either of its own volition or upon the request of affected persons, (a) an order of determination of the Department division requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State contravenes the standards established for such air and waters.
Section 48-1-160. The hearings herein provided for may be conducted by the Department division at a regular or special meeting or it may delegate to any member, to the executive director or to any employee or agent of the Department division, the authority to conduct such hearings in the name of the Department division at any time and place. But the Department division shall make all necessary decisions as to the matter under consideration. Such decision may be based solely upon the record of any hearing conducted by the Department division or by its duly authorized representative.
Section 48-1-170. In any hearing held by the Department division in which a quasi-judicial decision is rendered, the Department division shall make a record of the decision and secure its prompt publication. The decision shall include a statement of the facts in controversy, the decision of the Department division, the law or regulation upon which the decision is based and any other information deemed necessary.
To serve as a guide and precedent of the policy of the Department division, the decisions shall be chronologically numbered according to date and compiled in an annual report similar in style to the reports of the Supreme Court. The reports of these decisions shall be made available to the public.
If any person concerned with such hearing requests it, a complete transcript of the testimony presented shall be made and filed.
Section 48-1-180. In any such hearing, any member of the Department division, the executive director or any employee or agent thereof authorized by the Department division may administer oaths, examine witnesses and issue in the name of the Department division notices of hearings and subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall receive the same fees and mileage as in civil actions.
Section 48-1-190. In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have jurisdiction, upon application of the Department division, to issue an order requiring such person to appear and testify or produce evidence, as the case may require, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
Section 48-1-200. Any person may appeal from any order of the Department division within thirty days after the filing of the order, to the court of common pleas of any county in which the pollution occurs. The Department division shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.
Section 48-1-210. The Attorney General shall be the legal adviser of the Department division and shall upon request of the Department division institute injunction proceedings or any other court action to accomplish the purpose of this chapter. In the prosecution of any criminal action by the Attorney General and in any proceeding before a grand jury in connection therewith the Attorney General may exercise all the powers and perform all the duties which the solicitor would otherwise be authorized or required to exercise or perform and in such a proceeding the solicitor shall exercise such powers and perform such duties as are requested of him by the Attorney General.
Section 48-1-220. Prosecutions for the violation of a final determination or order shall be instituted only by the Department division or as otherwise provided for in this chapter.
Section 48-1-230. Any funds appropriated to or received by the Department division shall be deposited in the State Treasury as provided by law. Such funds shall be paid out on warrants issued by the State as prescribed by law, but only on order of the authorized representatives of the Department division and in accordance with an annual budget or amendments thereto approved by the Department division at an official meeting, such order being the authority of the proper fiscal officials of the State for making payment.
Section 48-1-240. It is the purpose of this chapter to provide additional and cumulative remedies to abate the pollution of the air and waters of the State and nothing herein contained shall abridge or alter rights of action in the civil courts or remedies existing in equity or under the common law or statutory law, nor shall any provision in this chapter or any act done by virtue of this chapter be construed as estopping the State, persons or municipalities, as riparian owners or otherwise, in the exercise of their rights under the common law, statutory law or in equity to suppress nuisances or to abate any pollution.
Section 48-1-250. Causes of action resulting from the violation of the prohibitions contained in this chapter inure to and are for the benefit of any person or persons damaged as the result of any such violation. A determination by the Department division that pollution exists or a violation of any of the prohibitions contained in this chapter, whether or not actionable by the State, create no presumption of law or fact inuring to or for the benefit of persons other than the State.
Section 48-1-260. Nothing contained in this chapter shall be deemed to grant to the Department division any authority to make any rule, regulation or determination or to enter any order with respect to air conditions existing solely within the industrial boundaries of commercial and industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any air pollution within such boundaries.
Section 48-1-270. Any records, reports or information obtained under any provision of this chapter shall be available to the public. Upon a showing satisfactory to the Department division by any person that records, reports or information, or particular parts thereof, other than effluent or emission data, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Department division shall consider such record, report or information or particular portion thereof confidential in the administration of this chapter.
Section 48-1-280. Nothing herein contained shall be construed to postpone, stay or abrogate the enforcement of the provisions of the public health laws of this State and rules and regulations promulgated hereunder in respect to discharges causing actual or potential hazards to public health nor to prevent the Department division of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources from exercising its right to prevent or abate nuisances.
Section 48-1-290. Whenever the Department division finds that an emergency exists requiring immediate action to protect the public health or property, the Department division, with concurrent notice to the Governor, may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as the Department division deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the Department division or by direction of the Governor shall be afforded a hearing within forty-eight hours. On the basis of such hearing the Department division shall continue such order in effect, revoke it or modify it. Regardless of whether a hearing is held, the Department division shall revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists.
Section 48-1-300. The civil and criminal liabilities herein imposed upon persons violating the provisions hereof shall not be construed to include any violation which was caused by an act of God, war, strike, riot, or other catastrophe as to which negligence on the part of such person was not the proximate cause.
Section 48-1-310. The governing body of any county is hereby authorized to establish, administer and enforce a local air pollution control program, subject to the approval of the Department division. Such programs shall be formulated in accordance with standards and procedures adopted by the Department division, and shall be subject to periodic review by the Department division, which shall have the power to invalidate such programs if found to be unsatisfactory. County pollution control authorities, when constituted under this section, are hereby authorized to exercise in the geographic area involved all of the powers specified in this chapter, including the authority to adopt rules, regulations, and procedures for the control of air pollution.
Section 48-1-320. A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department division is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both.
Section 48-1-330. Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit condition, final determination or order of the Department division, shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
Section 48-1-340. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be subject to the civil or criminal provisions contained in this chapter. For the purposes of this section the term 'person' shall mean, in addition to the definition contained in Section 48-1-10, any responsible corporate officer.
Section 48-1-350. All penalties assessed under this chapter are held as a debt payable to the State by the person against whom they have been charged and constitute a lien against the property of the person. One-half of the civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205."
SECTION 59. Article 1, Chapter 2, Title 48 of the 1976 Code, as last amended by Act 282 of 2000, is further amended to read:
Section 48-2-10. This article may be cited as the 'Environmental Protection Fund Act'.
Section 48-2-20. As used in this article:
(1) 'South Carolina Environmental Protection Fund' or 'fund' means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's division's environmental programs.
(2) 'Department' 'division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
Section 48-2-30. (A) There is established within the Treasurer's Office an agency-restricted, interest-bearing account to be known as the South Carolina Environmental Protection Fund.
(B) Notwithstanding any provision of law to the contrary, there must be deposited in the fund all fees as authorized by this article to be collected for the following environmental programs administered by the department division, including fees for environmental permits, licenses, certificates, and registrations:
(1) Pollution Control Act;
(2) Clean Air Act;
(3) Safe Drinking Water Act;
(4) Hazardous Waste Management Act;
(5) Atomic Energy Act;
(6) Oil and Gas Act;
(7) any environmental program for which applicable federal law requires the establishment and collection of fees.
(C) The department division shall maintain separate accounting for the monies collected and expended under each of the acts enumerated in subsection (B).
(D) Unencumbered monies and any unexpended balance of the fund remaining at the end of a fiscal year do not revert to the general fund but must be carried forward and maintained in separate accounts until expended in accordance with this article.
(E) Interest accruing on investments and deposits of the fund must be credited to the general fund.
(F) Monies in the fund must be invested by the State Treasurer for the benefit of the fund. The fund must be administered by the appropriate program area within the department division.
(G) Monies in the fund may be expended only in accordance with annual appropriations approved by the General Assembly, except as otherwise authorized under Section 48-2-60.
Section 48-2-40. The fund is available to the department division to help defray the costs of administering the regulatory programs under each act enumerated in Section 48-2-30(B). The monies must be used for improved performance in permitting, certification, licensing, monitoring, investigating, enforcing, and administering the department's division's functions under these acts. Monies collected pursuant to the Federal Clean Air Act may be used as necessary to administer the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, support staff, equipment, legal services, contracts with consultants, and program expenses as listed in Title V of the 1990 amendments to the Federal Clean Air Act.
Section 48-2-50. (A) In order to facilitate the proper administration of each act listed in Section 48-2-30(B), the department division shall charge fees for the various services and functions it performs under each of those acts including, but not limited to, application fees, processing fees, permit maintenance fees, certification fees, license fees, registration fees, plan review fees, facility inspection fees, and emission fees.
(B) All fees in existence before the effective date of this article which implement the acts identified in Section 48-2-30(B) must be continued and must be calculated and maintained with any additional fees authorized by this article; however, the existing fees may be used in any manner consistent with the department's division's authority, the provisions of this article notwithstanding.
(C) No permit, certificate, license, or registration and no renewal or modification of a permit, certificate, license, or registration may be issued to an applicant under the acts enumerated in Section 48-2-30(B) until all fees are paid in full. The department division shall develop a schedule by regulation for the collection of delinquent accounts and the amounts to be applied to delinquent accounts.
(D) The department division shall develop regulations which set annual levels of fees as authorized by this article. The level of these fees must be determined after careful consideration of the direct and indirect costs incurred by the department division in performing its various functions and services under each of the acts enumerated in Section 48-2-30(B). Any subsequent increase in the level of these fees must be justified by an assessment report compiled in accordance with Section 1-23-115. All fees and procedures for collecting fees must be adopted pursuant to procedures as are set forth in the Administrative Procedures Act. In promulgating these regulations, the department division shall consider detailed information regarding other costs to be funded by the proposed fee schedule or fee increases and the current and proposed average response time to permit applications under that program.
(E) In the third, and all subsequent years, the fee schedule promulgated by the department division may not, when added to its individual program fund balance from prior years, exceed one hundred fifty percent of the fees collected in the previous year.
(F) The total fees assessed under this article and listed in subsection (H) to be paid by a single permitted facility under any one act enumerated in Section 48-2-30(B) may not exceed five percent of the total of all fees assessed under that act, except for those fees collected pursuant to the Clean Air Act and the Atomic Energy Act.
(G) On January 1, 1994, and January first of every even-numbered year after 1994, the department division shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Finance Committee and the House Ways and Means Committee. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the department division, the department's division's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.
(H) For the following categories, the fees shall not exceed the maximum amounts listed below. The department division is encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees:
(1) Water Pollution Control
(a) Annual fees for NPDES Permits and State Construction Permits for Land Application Systems; however, annual operating fees for both major and minor facilities must be calculated based on the previous year's actual flow as reported to the department division:
Type of Facility
(i) Major Facility (Flow greater than 2,000,000
gal/day) $5,400.
(iii)(ii) Major Facility (Flow 1,000,000-1,999,999
gal/day) $4,050.
(iii) Minor Facility (Flow 500,000-999,999 gal/day) $3,375.
(iv) Minor Facility (Flow 100,000-499,999 gal/day) $2,700.
(v) Minor Facility (Flow 50,000-99,999 gal/day) $2,025.
(vi) Minor Facility (Flow 0-49,999 gal/day) $1,350.
(vii) Multiple Discharged Permits $4,050.
(More than 5 discharge points) per discharged over 5 $1,520.
(viii) General Permits $ 170.
(b) Water Quality Certification Application Fees:
(i) Certification of major activities requiring
federal or state permits $1,688.
(ii) Certification of minor activities requiring
federal or state permits $ 255.
(c) Construction Permit Fees:
(i) Pretreatment Systems:
1. Oil/water separators or Air Stripper $1,013.
Systems only
2. All other Pretreatment Systems $3,038.
(ii) Collection Systems:
1. 1000 ft. or less $ 338.
2. 1,001 to 10,000 ft. $ 845.
3. 10,000 ft. or more $1,688.
4. Delegated Program $ 170.
(iii) Wastewater Treatment Facilities, provided that fees for modifications without expansions for both major and minor facilities must be assessed by the department division only for those modifications which require the actual submission of plans and specifications to the department division for engineering review
1. Major Facilities (1,000,000 gal/day or greater)
a. New $5,400.
b. Expansion $4,050.
c. Modification w/o expansion $2,700.
2. Minor Facilities (0 to 999,999 gal/day)
a. New $3,375.
b. Expansion $2,700.
c. Modification w/o expansion $2,025.
(2) Water Supply Operating Permit
(a) Major Facility (Serving more than 10,000 people) $4,050.
(b) Major Facility (Serving 5,000-10,000 people) $3,038.
(c) Minor Facility (Serving 1,000-4,900 people) $ 761.
(d) Minor Facility (Serving less than 1,000 people) $ 255.
(3) Air Quality Control
(a) Permit fees for air quality operating permits must be based on an annual fee of $25.00 per ton of each regulated pollutant based on actual emissions, up to a maximum 4,000 tons a year a regulated pollutant. 'Actual emissions' means the actual rate of emissions in tons per year of any regulated pollutant which was emitted over the preceding calendar year or any other period determined by the department division to be representative of normal source operation. Actual emissions must be calculated using the unit's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the department division.
(b) New sources or any source without sufficient data to be able to determine actual emissions must be assessed the above $25.00 a ton fee with appropriate CPI adjustment calculated on a prorata basis for their months of operation. The fee must be based on permitted emissions, until such time as 'Actual emissions' can be calculated, and must be paid before the operating permit is issued.
(c) Pursuant to the 1990 Federal Clean Air Act, fees for air emissions or for air emission permits may be adjusted to reflect any increase in the Consumer Price Index (CPI) for the year before the billing month over the 1989 CPI. The CPI for any calendar year is the average of CPI for all urban consumers published by the Department division of Labor, as of the close of the twelve-month period ending on August thirty-first of each calendar year.
(4) Laboratory Certification Services
(a) Application fee $ 507.
(b) Minimum Annual Fee (per laboratory) $ 507.
(c) Clean Water Act Inorganics (per parameter) $ 102.
(d) Safe Drinking Water Act Inorganics
(per parameter) $ 102.
(e) SDWA 'Secondary' Inorganics (per parameter) $ 102.
(f) CWA Organics
(i) PCB's and Pesticides (per Sub-Group) $ 1,268.
(ii) Herbicides (per Sub-Group) $ 1,268.
(iii) Volatiles (per Sub-Group) $ 1,268.
(iv) Semi-Volatiles (per Sub-Group) $ 1,268.
(v) Dioxins and Furans (per Sub-Group) $ 1,268.
(g) SDWA Organics
(i) Trihalomethanes $ 1,268.
(ii) Synthetic Organic Compounds $ 2,532.
(iii) Volatiles $ 2,532.
(h) Microbiology
(i) Total Coliform $ 255.
(ii) Fecal Coliform $ 255.
(iii) Fecal Steptococci $ 255.
(i)Biology
(i) Toxicity Testing $ 2,532.
(ii)Taxonomy $ 2,268.
(j) Solid and Hazardous Wastes (SW 846 Methods) $ 2,532.
(k) Air Quality Analysis $ 2,532.
(5) Radioactive Material Licenses
(a) Low level Radioactive Waste Disposal $ 275,000.
(b) Radioactive Material Manufact/processing $ 27,000.
(c) Decontamination Facil. $ 3,000.
(d) Industrial Radiography under Reciprocity $ 500.
(e) Low Level Waste Consolidation $ 25,000.
(f) Low Level Waste Processing $ 50,000.
(6) Radioaction Waste Transportation Permits $ 10,000.
(7) Hazardous Waste Units $ 3,038.
Section 48-2-60. A person required to pay the fees set forth in this article who disagrees with the calculation or applicability of the fee may petition the department division for a hearing by submitting a petition setting forth the fee which is challenged, the grounds on which relief is sought, and the total amount of the fee due. The petition and the fee must be received by the department division no later than thirty days after the due date. The hearing must be conducted in accordance with contested case provisions set forth in the Administrative Procedures Act and department division regulations. If it is finally determined that the amount in dispute was improperly assessed, the department division shall return the amount determined to be improperly assessed with interest not to exceed the statutory rate.
Section 48-2-70. Under each program for which a permit processing fee is established pursuant to this article, the promulgating authority also shall establish by regulation a schedule for timely action by the Department of Health and Environmental Control division on permit applications under that program. These schedules shall contain criteria for determining in a timely manner when an application is complete and the maximum length of time necessary and appropriate for a thorough and prompt review of each category of permit applications and shall take into account the nature and complexity of permit application review required by the act under which the permit is sought. If the department division fails to grant or deny the permit within the time frame established by regulation, the department division shall refund the permit processing fee to the permit applicant.
Section 48-2-80. Fees collected pursuant to Section 48-2-50 do not supplant or reduce in any way the general fund appropriation to the department division from the state or federal program; and the total amount of fees authorized by this article collected in any fiscal year, may not exceed thirty-three and one-third percent of the 'Total Funds' appropriated to the Office of Environmental Quality Control in the annual appropriations act.
Section 48-2-90. If the requirements of this article are not in agreement with applicable federal requirements pertaining to the establishment and collection of fees as authorized by this article, the federal requirements take precedence. The department division has the authority to establish, by regulation, applicable federal requirements. A permissible maximum fee or cap on a fee authorized by federal law or regulation, or both, must be used by the department division."
SECTION 60. Section 48-3-10(6) of the 1976 Code is amended to read:
"(6) 'Department' 'Division' shall mean the Department of Health and Environmental Control of South Carolina Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 61. Section 48-3-20 of the 1976 Code is amended to read:
"Section 48-3-20. Subject to obtaining approvals from the State Board and the Department division required by Sections 48-3-140 and 48-3-60, the several counties and incorporated municipalities of the State functioning through their respective governing boards shall be empowered: (1) to enter into agreements with any industry to construct and thereafter operate, maintain and improve pollution control facilities; (2) to enter into loan agreement with such industry prescribing the terms and conditions of the payments to be made by the industry to the county or the incorporated municipality, or its assignee, to meet the payments that shall become due on bonds; (3) to issue bonds for the purpose of defraying the cost of acquiring by construction and purchase pollution control facilities or to issue bonds for any enlargement, improvement or expansion of any then existing pollution control facility and to secure the payment of such bonds as hereafter provided; and (4) to accept any state or federal grant that might become applicable to defray any portion of the cost of any pollution control facility."
SECTION 62. Section 48-3-60 of the 1976 Code is amended to read:
"Section 48-3-60. Prior to undertaking the financing of any pollution control facility the governing board shall obtain from the Department division a finding that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and prevention of air or water pollution."
SECTION 63. Section 48-3-140(A)(2) of the 1976 Code, as last amended by Act 426 of 1994, is further amended to read:
"(2) a statement setting forth the action taken by the Department of Health and Environmental Control division in connection with the pollution control facilities;"
SECTION 64. Section 48-5-20(6) of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"(6) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources."
SECTION 65. Section 48-5-20(e) of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"(e) other projects as the authority and the department division determine are permissible uses of the clean water fund and the drinking water fund under the terms of the Clean Water Act and Safe Drinking Water Act, respectively, to the extent then applicable."
SECTION 66. Section 48-5-40(20) of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"(20) disburse monies from the fund to the department division and the authority for program, project, loan, and fund management."
SECTION 67. Section 48-5-50(B)(1) of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"(1) federal capitalization grants and awards or other federal assistance received by the department under authority of the Clean Water Act for purposes of the clean water fund;"
SECTION 68. Section 48-5-55(B)(1) of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"(1) federal capitalization grants, awards, or other federal assistance received by the department division under authority of the Safe Drinking Water Act for purposes of the drinking water fund;
SECTION 69. Section 48-5-60 of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"Section 48-5-60. The department division may:
(1) promulgate regulations with authority input to effectuate the provisions of this chapter and the Clean Water Act and the Safe Drinking Water Act;
(2) develop priority systems with authority input which ensure consistency with the Clean Water Act and Safe Drinking Water Act for the clean water fund and drinking water fund, respectively;
(3) prepare annual plans in accordance with the Clean Water Act and Safe Drinking Water Act after providing for input from the authority and public comment and review;
(4) receive monies from the clean water fund for program and project management activities of the clean water fund;
(5) establish accounts and deposit portions of the federal capitalization grants, as authorized by the Safe Drinking Water Act, for the purposes of administering the drinking water fund and other authorized activities; and
(6) enter into binding agreements with the agency as necessary to effect the implementation of this chapter."
SECTION 70. Section 48-5-160 of the 1976 Code, as last amended by Act 41 of 1997, is further amended to read:
"Section 48-5-160. The authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the members of the General Assembly. The authority in cooperation with the department division shall also submit to the agency an annual report in accordance with requirements of the Clean Water Act and a biennial report in accordance with requirements of the Safe Drinking Water Act. The State Auditor or, upon his approval, an independent certified public accountant shall perform an audit of the books and accounts of the authority at least once in each fiscal year."
SECTION 71. Chapter 14, Title 48 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 48-14-10. This chapter may be cited as the 'Stormwater Management and Sediment Reduction Act'.
Section 48-14-20. As used in this chapter:
(1) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(2) 'District' means any soil and water conservation district created pursuant to Chapter 9 of this title.
(3) 'Local government' means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter.
(4) 'Implementing agency' means the department, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction.
(5) 'Responsible personnel' means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities.
(6) 'Designated Watershed' means a watershed designated by a local government and approved by the Department of Health and Environmental Control division and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem.
(7) 'Erosion' means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
(8) 'Land disturbing activity' means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.
(9) 'Person' means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity.
(10) 'Sediment' means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
(11) 'Stormwater management' means, for:
(a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
(12) 'Stormwater Management and Sediment Control Plan' means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency.
(13) 'Stormwater runoff' means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer, or other concentrated flow during and following the precipitation.
(14) 'Stormwater utility' means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control, and flood control programs and projects.
(15) 'Watershed master plan' means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic, and administrative data needed to justify the plan.
(16) 'Subdivision', unless otherwise defined in an ordinance adopted by a local government pursuant to Section 6-7-1010, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, or parcels less than five acres, for the purpose, whether immediate or future, of sale, legacy, or building development, or includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, in the context, shall relate to the process of subdividing or to the land or area subdivided;
(17) 'Person responsible for the land disturbing activity' means:
(a)the person who has or represents having financial or operational control over the land disturbing activity; and/or
(b)the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this chapter as imposes a duty upon him.
(18) 'Nonpoint source pollution' means pollution contained in stormwater runoff from ill-defined diffuse sources.
(19) 'Stop work order' means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this chapter.
Section 48-14-30. (A) Unless exempted, no person may engage in a land disturbing activity without first submitting a stormwater management and sediment control plan to the appropriate implementing agency and obtaining a permit to proceed.
(B) Each person responsible for the land disturbing activity shall certify, on the stormwater management and sediment control plan submitted, that all land disturbing activities will be done according to the approved plan.
(C) All approved land disturbing activities must have associated therein at least one individual who functions as responsible personnel.
Section 48-14-40. The provisions of this chapter do not apply to the following land disturbing activities:
(A) Land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees and dairy products; fur animals and aquaculture, except that the construction of an agricultural structure of one or more acres, such as broiler houses, machine sheds, repair shops, and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
(B) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products.
(C) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of this title, the South Carolina Mining Act.
(D) Construction or improvement of single family residences or their accessory buildings which are separately built and not part of multiple construction in a subdivision development.
(E) Land disturbing activities, other than activities identified in subsection (F)of this section, that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under this chapter.
(F) Any of the following land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.:
(1) land disturbing activities conducted pursuant to a certificate of environmental compatibility and public convenience and necessity issued pursuant to Title 58, Chapter 33 or land disturbing activities conducted pursuant to any other certification or authorization issued by the Public Service Commission;
(2) land disturbing activities conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, and including permits issued by the Federal Energy Regulatory Commission;
(3) land disturbing activities associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the Governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety;
(4) land disturbing activities associated with routine maintenance and/or repair of electric, gas, or communications lines;
(5) land disturbing activities associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services;
(6) land disturbing activities associated with placement of underground lines for distribution or transmission of electric energy or of gas or communications services; or
(7) land disturbing activities conducted by a person filing environmental reports, assessments, or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regard to a project.
Any person, other than a person identified in subparagraph (7), who undertakes land disturbing activities described in subparagraphs (4), (5), and (6)of this subsection must file with the South Carolina Public Service Commission, in a Policy and Procedures Manual, the procedures it will follow in conducting such activities. Any person, other than a person identified in subparagraph (7), who conducts land disturbing activities described in subparagraph (2)of this subsection, must address the procedures it will follow in conducting the activities in the Policy and Procedures Manual filed with the South Carolina Public Service Commission to the extent that the land disturbing activities are not specifically addressed in the federal permit or permitting process. If any person, other than a person identified in subparagraph (7), does not have a Policy and Procedures Manual on file with the Public Service Commission, such manual must be filed with the Public Service Commission not later than six months after May 27, 1992.
Any person who undertakes land disturbing activities described in subparagraph (7)of this subsection shall give the same written notice to the department as given to agencies whose permits are required for project approval by the regulations of the United States Department of Agriculture, Rural Electrification Administration.
(G) Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(H) Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of Chapter 18 of this title, the Erosion and Sediment Reduction Act.
(I) Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
Section 48-14-50. (A)The department division shall develop a State Stormwater Management and Sediment Reduction Program.
(B) In carrying out this chapter, the department division shall:
(1) provide technical and other assistance to local governments and others in implementing this chapter;
(2) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter;
(3) cooperate with appropriate agencies of this State, the United States, other states, or any interstate agency with respect to stormwater management and sediment control;
(4) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment;
(5) conduct and supervise educational programs with respect to stormwater management and sediment control;
(6) require the submission to the department division of records and periodic reports by implementing agencies as may be necessary to carry out this chapter;
(7) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals;
(8) assist conservation districts and local governments involved in the local stormwater management and sediment control program; and
(9) develop a schedule for implementing this chapter in the counties and municipalities of this State.
(C) The department division shall promulgate regulations, minimum standards, guidelines, and criteria necessary to carry out the provisions of this chapter with input from the South Carolina Erosion and Sediment Reduction Advisory Council, appointed by the Governor, in consultation with the South Carolina Association of Special Purpose Districts, and the South Carolina Municipal Association, and a task force of technical experts appointed by the department division. The regulations must include, but are not limited to:
(1) criteria for the delegation of program elements and review and revocation of delegated program elements;
(2) appeal procedures for local governments requesting delegation of program elements;
(3) types of activities that require a stormwater management and sediment control permit;
(4) waivers, exemptions, variances, and appeals;
(5) stormwater management and sediment control plan application or inspection fees;
(6) criteria for distribution of funds collected by sediment and stormwater plan approval and inspection fees;
(7) criteria for implementation of a stormwater management utility;
(8) specific design criteria and minimum standards and specifications;
(9) permit application and approval requirements;
(10) specific enforcement options;
(11) criteria for approval of designated watersheds;
(12) criteria regarding correction of off-site damages resulting from the land disturbing activity;
(13) construction inspections;
(14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed;
(15) procedures to accept and respond to citizen complaints on delegated program components and individual site problems; and
(16) a schedule for implementing this chapter considering such factors as demographics, growth and development, and state and local resources.
(D) These regulations promulgated for carrying out the stormwater management and sediment control program must:
(1) be based upon relevant physical and developmental information concerning the watershed and drainage basins of the State, including but not limited to, data relating to land use, soils, hydrology, geology, grading, ground cover, size of land area being disturbed; and
(2) contain conservation standards for various types of soils and land uses, which standards must include criteria and alternative techniques and methods for the control of erosion, sediment, and stormwater runoff resulting from land disturbing activities.
(E) The department may amend, modify, or repeal these regulations in accordance with the provisions of the Administrative Procedures Act.
Section 48-14-60. (A) The department division may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the department division.
(B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The department division shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.
(C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.
(D) A local government may develop the program in cooperation with conservation districts.
(E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the department for approval.
(F)The department division has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:
(1) conducted by the United States;
(2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;
(3) conducted by local governments.
Section 48-14-70. (A) Any local government that has adopted a stormwater management and/or sediment control program before May 27, 1992, may request approval of any or all components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review and approval, approval with modification, or disapproval of these existing programs must be given priority by the department division. The local government shall continue to administer its existing programs during the review process by the department division. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter.
(B) The department division shall approve a program upon determining that its standards equal or exceed those of this chapter. The department division shall only modify the portions of a program which do not meet the minimum standards of this chapter.
(C) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the department division, the local government may appeal the department's division's action following the procedures detailed in the Administrative Procedures Act."
Section 48-14-80. One year after May 27, 1992, a federal agency may not undertake any regulated activity unless the agency has submitted a stormwater management and sediment control plan to the department division and received its approval. The only variation to this requirement is when program elements are delegated by the department division by a federal agency.
Section 48-14-85. After May 27, 1992, a local government or special purpose or public service district may not undertake any regulated activity unless the local government or special purpose or public service district has submitted a request for a general permit to the department and received its approval.
Section 48-14-90. (A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The implementing agency may request assistance from the department division.
(B) The request for assistance from the department may initiate an inspection to verify site conditions. That inspection may result in the following actions:
(1) notification by the implementing agency to the person responsible for the land disturbing activity to comply with the approved plan within a specified time;
(2) notification by the implementing agency that the required measures are not functioning in an effective manner with a schedule for the person responsible for the disturbing activity to maintain the required measures or install additional measures which will be effective in controlling stormwater runoff and off-site sediment movement.
(C) Failure of the person responsible for the land disturbing activity to comply with department division requirements may result in the following actions in addition to other penalties as provided in this chapter:
(1) The department division may request that the appropriate implementing agency issue a stop work order until the violations have been remedied.
(2) The department division may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
(3) The department division may recommend fines to be levied by the implementing agency.
Section 48-14-95. (A) The implementing agency shall have the right of entry for the purpose of determining if a land disturbing activity is being conducted without an approved stormwater management and sediment control plan, conducting inspections and taking enforcement actions.
(B) Upon inspection, if the implementing agency determines that a land disturbing activity is taking place without an approved stormwater management and sediment control plan, the implementing agency shall post a stop work order at the site of the land disturbing activity and shall notify the person responsible for the land disturbing activity of the requirements to submit a stormwater management and sediment control plan to the implementing agency and receive approval prior to resuming the land disturbing activity and the requirement to correct all violations.
Section 48-14-100. (A) All disturbed areas which exist on May 27, 1992 as a result of land disturbing activity and which result in off-site damage from sediment and stormwater runoff, must be provided with ground cover or other protective measures, structures, or devices sufficient to control offsite sediment and nonpoint source pollution.
(B) The implementing agency shall serve a notice to comply upon the landowner or other person in possession or control of the land by depositing in the mail a certified letter. The notice must state the measures needed and the time allowed for compliance. The implementing agency shall consider the economic feasibility, technological expertise, and quality of work required, and shall establish reasonable time limits.
Section 48-14-110. The department division, in conjunction with local governments and districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others.
Section 48-14-120. (A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter.
(B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the department division becomes the implementing agency, the department division may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency to implement and administer the program. The implementing agency is granted authority to expend the funds it collects from the fee system to administer the provisions of this chapter. The department division shall not assess a local government a plan review and inspection fee.
(C) Authority is granted to local governments to establish a stormwater utility. The stormwater utility may fund such activities as watershed master planning, facility retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system or tax assessment that must be reasonable and equitable. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation.
Section 48-14-130. (A) In addition to the other regulatory requirements in this chapter, designated watersheds shall have the regulatory requirements for land disturbing activities within the watershed clearly specified through a watershed master plan which includes nonpoint source pollution control, stormwater management, and flood control components. The watershed master plan for the designated watershed must contain the following information:
(1) stormwater quantity or quality problem identification;
(2) the overall condition and needs of the watershed, not just the additional impacts of new development activities;
(3) alternative approaches to address the existing and future problems;
(4) a defined approach which includes the overall costs and benefits;
(5) a schedule for implementation;
(6) funding sources and amounts; and
(7) a public involvement process which includes the establishment of a local watershed advisory committee and public hearing prior to approval by the department division.
(B) Upon approval of the watershed master plan, all projects undertaken in the designated watershed must have stormwater management and nonpoint source pollution control requirements placed upon them that are consistent with the designated watershed master plan.
Section 48-14-140. (A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the department or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.
(B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be filed in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. If the implementing agency is the department division, the action must be brought in the name of the State. Local governments shall refer the matters under their jurisdiction to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty.
Section 48-14-150. (A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur.
(B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A)of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter.
Section 48-14-160. Nothing contained in this chapter and no action or failure to act under this chapter may be construed:
(1) to impose any liability on the State, department division, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or
(2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity.
Section 48-14-170. The department division shall promulgate regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act."
SECTION 72. Chapter 18, Title 48 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 48-18-10. This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.
Section 48-18-20. As used in this chapter:
(1) 'Erosion' means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof.
(2) 'Sediment' means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them.
(3) 'Sedimentation' means the process or action of depositing sediment.
(4) 'Land disturbing activity' means any land change which may result in excessive erosion and sedimentation.
(5) 'Stormwater' means the direct runoff of water and associated material resulting from precipitation in any form.
(6) 'Local government' means any county or municipality.
(7) 'Soil and water conservation district' or 'conservation district' means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and 'conservation district board' means the governing body of a soil and water conservation district.
(8) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(9) 'Privately owned land' means all land not owned by the State, a state agency, quasi-state agency, subdivision of the State, or a federal governmental agency.
(10) 'Quasi-state agency' means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. For the purpose of this chapter, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.
(11) 'Board' means the board of the department Department of Environment and Natural Resources.
Section 48-18-30. This chapter does not apply to the following:
(1) Activities regulated by the South Carolina Mining Act (Chapter 19 of Title 48).
(2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.
Section 48-18-40. The department division shall implement a statewide erosion and sediment reduction and stormwater management program as follows:
(1) The department division is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater management programs in the State.
(2) The department division must develop general guidelines for reducing erosion and sedimentation and improving stormwater management for use by conservation districts, local government, landowners, and land users of the State. The department division must publicize and promote these guidelines through information and education programs.
(3) The department division must conduct surveys, investigations, and assessments of erosion, sediment, and stormwater management problems.
(4) The department division must make available existing technical assistance upon request to local governments, conservation districts, landowners, and land users.
(5) The department division must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, and must develop regulations for this purpose pursuant to Section 48-18-70. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements.
Section 48-18-50. (1) A state Advisory Council on Erosion and Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations:
South Carolina Association of Counties
South Carolina Municipal Association
South Carolina Association of Conservation Districts
South Carolina Home Builders Association
Associated General Contractors, Inc.
South Carolina Association of Realtors
South Carolina Chapter, American Society of Landscape Architects
South Carolina Chapter, American Society of Civil Engineers
Council of Governments Executive Director's Committee
South Carolina Farm Bureau
South Carolina State Grange
Office of the Governor
USDA-Soil Conservation Service
Clemson University
South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources
South Carolina Division of Forestry Commission
South Carolina Forestry Association
South Carolina Chapter
American Institute of Architects
(2) The department division must provide staff support to the State Advisory Council.
(3) Duties of the State Advisory Council include, but are not limited to the following:
(a) Study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the State.
(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State.
(d) Assist the department division with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication.
(e) Compile information pertaining to sedimentation of water bodies in the State.
(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional legislation for erosion and sediment reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.
(i) Provide information to the department division as needed.
Section 48-18-60. (1) The Conservation Districts shall:
(a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards.
(b) Provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries.
(c) Coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management.
(d) Conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology.
(e) Assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users.
(f) Provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users.
(g) Perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48).
(2) Each conservation district must appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to a:
(a) local homebuilder.
(b) local contractor.
(c) local realtor.
(d) municipal councilman.
(e) county planning agency representative.
(f) county councilman.
(g) conservation district commissioner.
(h) county farm bureau representative.
(i) county grange representative.
(j) USDA-Soil Conservation Service representative.
(k) county extension service representative.
(l) State Division of Forestry Commission representative.
(m) local civil engineer.
(n) local architect.
(o) local landscape architect.
(3) Duties of the Local Advisory Council include, but are not limited to, the following:
(a) Study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the district.
(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district.
(d) Assist the district with educational programs, including but not limited to, seminars, conferences, workshops, media productions, and written publications.
(e) Compile information pertaining to sedimentation of water bodies in the district.
(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional programs for erosion and sediment reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.
(i) Provide information to the district as needed.
Section 48-18-70. (1) The department division shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners, except that the regulations may not apply to forest land owned or managed by the South Carolina Division of Forestry Commission. The regulations apply to privately-owned lands only where they are under the management or control of this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The department shall develop and propose for approval the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer shall insure that the regulations are followed on all land and land disturbing activities under his jurisdiction.
(2) The department division or its designated representative may inspect land owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1)of this section.
(3) A state agency found by the department division to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section shall take the necessary steps indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.
(4) The department division in consultation with the South Carolina Department of Transportation shall promulgate regulations for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department division.
(5) The South Carolina Division of Forestry Commission shall develop a plan, in consultation with the department, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Division of Forestry Commission, and shall implement the plan.
Section 48-18-80. Each conservation district must submit to the department division an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The department division shall submit a comprehensive report to the Governor and the General Assembly every five years."
SECTION 73. Chapter 20, Title 48 of the 1976 Code, as last amended by Act 8 of 1997, is further amended to read:
Section 48-20-10. This chapter may be cited as the 'South Carolina Mining Act'.
Section 48-20-20. The purposes of this chapter are to provide that:
(1) the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State receive the greatest practical degree of protection and restoration;
(2) no mining may be carried on in the State unless plans for the mining include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining.
Section 48-20-30. The South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources is responsible for administering the provisions and requirements of this chapter. This includes the process and issuance of mining permits, review and approval of reclamation plans, collection of reclamation performance bonds, conduct of environmental appraisals, technical assistance to mine operators and the public, implementation of research and demonstration projects, and inspections of all mining operations and reclamation as set forth in this chapter. Proper execution of these responsibilities may necessitate that the department division seek comment from other relevant state agencies regarding matters within their respective areas of statutory responsibility or primary interests. The department division has ultimate authority, subject to the appeal provisions of this chapter, over all mining, as defined in this chapter, and the provisions of this chapter regulating and controlling such activity.
Section 48-20-40. As used in this chapter:
(1) 'Mining' means:
(a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;
(b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state.
Removal of overburden and the mining of limited amounts of ores or mineral solids are not considered mining when done only for the purpose of determining location, quantity, or quality of a natural deposit if no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business and if the affected land does not exceed two acres in area. Mining does not include plants engaged in processing minerals except as the plants are an integral on-site part of the removal of ores or mineral solids from natural deposits. Mining does not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction. Mining does not include dredging operations where the operations are engaged in the harvesting of oysters, clams, or the removal of shells from coastal bottoms.
(2) 'Council' means the Mining Council created by Sections 48-21-10 and 48-21-20.
(3) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources. Whenever in this chapter the department division is assigned duties, they may be performed by the director or by subordinates as he designates.
(4) 'Minerals' means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth.
(5) 'Affected land' means:
(a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or
(b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed.
(6) 'Neighboring' means in close proximity, in the immediate vicinity, or in actual contact.
(7) 'Termination of mining' means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. Whenever the department division has reason to believe that a mining operation or a segment of a mining operation has terminated, it shall give the operator written notice of its intention to declare the operation or segment of the operation terminated, and he has an opportunity to appear within thirty days and present evidence that the operation or segment is continuing. Where the department division finds that the evidence is satisfactory, it may not make such a declaration.
(8) 'Operator' means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.
(9) 'Overburden' means the earth, rock, and other materials that lie above the natural deposit of minerals.
(10) 'Refuse' means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources.
(11) 'Spoil bank' means a deposit of excavated overburden or refuse.
(12) 'Peak' means overburden removed from its natural position and deposited elsewhere in the shape of conical piles or projecting points.
(13) 'Ridge' means overburden removed from its natural position and deposited elsewhere in the shape of a long, narrow elevation.
(14) 'Reclamation' means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. Although both the need for and the practicability of reclamation control the type and degree of reclamation in a specific instance, the basic objective is to establish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the area. Closure activities are a part of reclamation.
(15) 'Reclamation plan' means the operator's written proposal as required and approved by the department division for reclamation of the affected land, which includes but is not limited to:
(a) proposed practices to protect adjacent surface resources;
(b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;
(c) manner and type of revegetation or other surface treatment of the affected areas;
(d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;
(e) method of compliance with state air and water pollution laws;
(f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;
(g) proposed methods to limit significant adverse effects on significant cultural or historic sites;
(h) method of rehabilitation of settling ponds;
(i) method of control of contaminants and disposal of mining refuse;
(j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;
(k) maps and other supporting documents reasonably required by the department division; and
(l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of Section 48-20-90.
(16) 'Borrow pit' means an area from which soil or other unconsolidated materials are removed to be used, without further processing, for highway construction and maintenance.
(17) 'Land' includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands.
(18) 'Permitted land' means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land.
(19) 'Exploration' means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. Exploration includes, but is not limited to, drilling core and bore holes, trial open pits, open cuts, trenching, and tunneling for the purpose of extracting mineral samples.
(20) 'Explorer' means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.
(21) 'Operating permit' means a permit for mining activity that is issued to an operator by the department division.
(22) 'Closure' means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment.
Section 48-20-50. A certificate of exploration issued by the department division is required for exploration activities in an affected area of two acres or less and involving the development of open pits, trenches, open cuts, or tunneling. A certificate of exploration is not required for exploration activity on an area already covered by an operating permit or for (1) drilling core holes, (2) drilling bore holes, or (3) conducting geophysical and geochemical sampling and analysis.
An explorer engaging in exploration regulated pursuant to this section shall make a written application to the department division for a certificate of exploration. The application must be on a form furnished by the department division and must state fully the information requested. The applicant may be required to furnish other information as may be necessary to the department division in order to enforce this chapter adequately. If the explorer does not receive notification of denial of the certificate of exploration within fifteen calendar days of the tendering of the application, the application is approved. If the certificate of exploration is denied, the department division shall state the reasons, and the explorer must be given an additional thirty calendar days to either appeal the decision as set forth in Section 48-20-190 or modify its application for reconsideration by the department division.
The application must be accompanied by a reclamation plan on forms furnished by the department division. The department division shall approve reclamation plans in accordance with Section 48-20-90.
Public notice and public hearing requirements of this chapter do not apply to an application for a certificate of exploration or the processing or granting of the certificate. The department division shall treat the application for a certificate of exploration and the certificate, if any, and any material submitted with the application, as confidential trade secrets and proprietary business information of the applicant. The application and the certificate, if any, and any material submitted with the application is exempt from disclosure under the Freedom of Information Act and is not part of the public record.
Upon approval of an application for a certificate of exploration, the department division shall require a performance bond or other security in an amount, and pursuant to requirements, set forth in Section 48-20-110.
An explorer engaging in exploration involving an affected area greater than two acres is required to obtain an operating permit in accordance with the procedures set forth in Sections 48-20-60 and 48-20-70.
Section 48-20-55. (A) The department division may develop and implement general permits for the regulation of mining limited to excavations for topsoil or sand/clay fill material which do not require further processing. General permits developed by the department division must contain, at a minimum, standard plans and specifications for environmental protection, storm water management, public health and safety protections, and reclamation of affected lands in accordance with promulgated regulations.
(B) An applicant for a general permit where the total affected area is two acres or less may begin mining when the department division receives a complete application for a general permit. Before an operator may conduct mining operations under a general permit for an affected area greater than two acres, he shall file an application with the department division to determine eligibility. The department division may require an individual operating permit pursuant to Sections 48-20-60 and 48-20-70 instead of issuing a general permit if necessary to ensure environmental protection or public safety.
Section 48-20-60. No operator may engage in mining without having first obtained from the department division an operating permit which covers the affected land and which has not been terminated, revoked, suspended for the period in question, or otherwise invalidated.
An operating permit may be modified to include land neighboring the affected or permitted land in accordance with procedures set forth in Section 48-20-80. A separate operating permit is required for each mining operation that is not on land neighboring a mining operation for which the operator has a valid permit.
No operating permit may be issued except in accordance with the procedures set forth in Section 48-20-70. No operating permit may be modified except in accordance with the procedures set forth in Section 48-20-80 or 48-20-150.
An appeal from the department's division's decision regarding an operating permit may be taken to the council, as provided by Section 48-20-190. No operating permit becomes effective until the operator has deposited with the department division an acceptable performance bond or other security pursuant to Section 40-20-110. If at any time the bond or other security, or any part of it, lapses for a reason other than a release by the department division, and the lapsed bond or security is not replaced by the operator within thirty days after notice of the lapse, the operating permit to which it pertains must be suspended until such time as the reason for the suspension is remedied and written documentation of the remedy is provided to the department division.
An operating permit must be granted and remain valid unless the operating permit terminates as set forth in this chapter or until revoked by the department division under the provisions of Section 48-20-160. If the mining operation terminates and the reclamation required under the approved reclamation plan is completed, the permit terminates. Termination of an operating permit does not relieve the operator of any obligations which he has incurred under his approved reclamation plan or otherwise. Where the mining operation itself has terminated, no operating permit is required in order to carry out reclamation measures under the reclamation plan.
An operating permit may be suspended or revoked for cause pursuant to Section 48-20-160.
Section 48-20-70. An operator desiring to engage in mining shall make written application to the department division for an operating permit. The application must be on a form furnished by the department division and must state fully the called for information. The applicant may be required to furnish other information as may be necessary to the department division in order to enforce this chapter adequately.
The application must be accompanied by a reclamation plan which meets the requirements of Section 48-20-90. No operating permit may be issued until the plan has been approved by the department division pursuant to Section 48-20-90.
The application for an operating permit must be accompanied by a signed agreement, in a form specified by the department division, that if a bond forfeiture is ordered pursuant to Section 48-20-170, the department division and its representatives and its contractors may make whatever entries on the permitted land and take whatever actions necessary to carry out reclamation which the operator has failed to complete.
The department division shall publish notice of an application for an operating permit or a substantial modification of an operating permit in a newspaper of general circulation in the area of the proposed mining activity and, to the extent practicable, shall notify the public of the application. The department division shall afford all interested parties reasonable opportunity to submit data, views, or arguments orally or in writing regarding the proposed mining activity. Opportunity for public hearing must be granted if requested by ten persons or by a governmental subdivision or agency or by an association having not less than ten members and if the request for a hearing is based on sufficient technical reasons. The request for a public hearing must be made within fifteen calendar days from the latest date of public notice of an application. The department division shall consider fully all written and oral submissions respecting the mining activity before final action by the department division on the application for an operating permit.
The department division shall grant or deny the operating permit requested as expeditiously as possible but in no event later than sixty calendar days after the application form and any supplemental information required has been filed with the department division. Priority consideration must be given to applicants who submit evidence that the mining proposed is for supplying materials for highway maintenance or highway construction.
The department division shall deny an operating permit upon finding that:
(1) a requirement of this chapter or a regulation promulgated under it is to be violated by the proposed operation;
(2) the operation will have undue adverse effects on wildlife or freshwater, estuarine, or marine fisheries;
(3) the operation will violate standards of air quality, surface water quality, or groundwater quality which have been promulgated by the South Carolina Department of Health and Environmental Control division ;
(4) the operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public property;
(5) the operation will have a significantly adverse effect on the purposes of a publicly-owned park, publicly-owned forest, or publicly-owned recreation area;
(6) previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or
(7) the operator has not corrected all violations which he may have committed under an operating permit or certificate of exploration and which resulted in:
(a) revocation of his permit;
(b) forfeiture of part or all of his bond or other security;
(c) conviction of a misdemeanor under Section 48-20-230;
(d) any other court order issued under Section 48-20-230; or
(e) issuance of a notice of uncorrected violations.
In the absence of any such finding, an operating permit must be granted.
An operating permit issued must be conditioned expressly on compliance with all requirements of the approved reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards of the department division to assure that the operation complies fully with the requirements and objectives of this chapter. The conditions may include a requirement of visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas, if the department division finds the screening to be feasible and desirable. Violation of the conditions must be treated as a violation of this chapter and constitutes a basis for suspension or revocation of the operating permit.
An operator wishing modification of the terms and conditions of an operating permit or of the approved reclamation plan shall submit a request for modification in accordance with the provisions of Section 48-20-80.
If the department division denies an application for an operating permit, it shall notify the operator in writing, stating the reasons for its denial and modifications in the application which would make it acceptable. The operator may modify his application or file an appeal, as provided in Section 48-20-190, but the appeal may not be accepted more than thirty days after notice of disapproval has been mailed to him at the address shown on his application.
Upon approval of an application, the department division shall set the amount of the performance bond or other security which is to be required pursuant to Section 48-20-110. The operator shall have sixty days following the mailing of the notification in which to deposit the required bond or security with the department division. The operating permit may not be issued until receipt of this deposit.
In addition to the applicant, all individuals and organizations requesting in writing to be notified of final action concerning an operating permit must be notified by the department division. The time limits for taking appeal may not be extended because of the timing of notices sent pursuant to this paragraph.
When one operator succeeds to the interest of another in an uncompleted mining operation, by virtue of a sale, lease, assignment, or otherwise, the department division may release the first operator from the duties imposed upon him by this chapter with reference to the operation and transfer the operating permit to the successor operator if both operators have complied with the requirements of this chapter and if the successor operator assumes the duties of the first operator with reference to reclamation of the land and posts a suitable bond or other security.
Section 48-20-80. An operator engaged in mining under an operating permit may apply for modification of the permit. The application must be in writing upon forms furnished by the department division and must state fully the called-for information. The applicant may be required to furnish other information as may be necessary to the department division to enforce this chapter adequately. It is not necessary to resubmit information which has not changed since the time of a prior application if the applicant states in writing that the information has not changed.
A modification under this section may affect the land area covered by the operating permit, the approved reclamation plan coupled with the operating permit, or other terms and conditions of the permit. An operating permit may be modified to include land neighboring the affected or permitted land but not other lands. The reclamation plan may be modified if the department division determines that the modified plan fully meets the standards set forth in Section 48-20-90 and that the modifications are generally consistent with the basis for issuance of the original operating permit. Other terms and conditions may be modified only if the department division determines that the permit as modified meets the requirements of Sections 48-20-60 and 48-20-70.
In lieu of a modification, an operator may apply for a new permit in the manner prescribed by Sections 48-20-60 and 48-20-70.
No modification of a permit becomes effective until required changes have been made in the performance bond or other security posted under the provisions of Section 48-20-110 to assure the performance of obligations assumed by the operator under the permit and reclamation plan.
Section 48-20-90. An explorer shall submit with his application for a certificate of exploration or an operator shall submit with his application for an operating permit a proposed reclamation plan. The reclamation plan for an operating permit only must be furnished to the local soil and water conservation district in which the mining operation is to be conducted. The plan must include as a minimum each of the elements specified in the definition of 'reclamation plan' in Section 48-20-40 and other information required by the department division. The reclamation plan must provide that reclamation activities, particularly those relating to control of erosion, to the extent feasible, must be conducted simultaneously with mining operations and be initiated at the earliest practicable time after completion or termination of mining on a segment of the permitted land. The plan must provide that reclamation activities must be completed within two years after completion or termination of mining on each segment of the area for which an operating permit is requested unless a longer period specifically is permitted by the department division.
The department division may approve, approve subject to stated modifications, or reject the plan. The department division shall approve a reclamation plan as submitted or modified, only if it finds that it adequately provides for those actions necessary to achieve the purposes and requirements of this chapter and that the plan meets the following minimum standards:
(1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials are to be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land.
(2) Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Safety provisions may be required for excavations in unconsolidated materials that are adjacent to residential developments, schools, churches, hospitals, and commercial and industrial buildings.
(3) In open cast mining operations, all overburden and spoil must be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land.
(4) In no event may a provision of this section be construed to allow small pools of water that are, or are likely to become, noxious, odious, or foul to collect or remain on the mined area. Suitable drainage ditches or conduits must be constructed or installed to avoid those conditions. Lakes, ponds, and marsh lands are to be considered adequately reclaimed lands when approved by the department division.
(5) The type of vegetative cover and methods of its establishment must be specified and in every case conform to accepted and recommended agronomic and reforestation restoration practices as established by the South Carolina Agricultural Experiment Station of Clemson University and the South Carolina Division of Forestry Commission. Advice and technical assistance may be obtained through the state soil and water conservation districts.
The department division may approve a reclamation plan despite the fact that the plan does not provide for reclamation treatment of every portion of the affected land if the department division finds that because of special conditions the treatment is not feasible for particular areas and that the plan takes all practical steps to minimize the extent of the areas.
An operator shall have the right to substitute an area mined in the past for an area presently being mined with the approval of the department division.
Section 48-20-100. The department division may assess and collect fees to assist with the costs of administering the provisions of this chapter.
All appropriate fees must be received by the department division before processing and approving an application as referenced in this chapter.
Section 48-20-110. Each applicant for a certificate of exploration, and each applicant for an operating permit, shall file with the department division, upon approval of the application, and maintain in force a bond in an amount set forth in this section. All bonds must be in favor of the State of South Carolina, executed by a surety approved by the Department of Insurance in the amount set forth in this section. The bond must be continuous in nature and must remain in force until canceled by the surety. Cancellation by the surety is effectuated only upon sixty days' written notice to the department division and to the operator.
The applicant may file a separate bond for each certificate of exploration or operating permit or may file a blanket bond covering all exploration activities or mining operations within the State for which he holds certificates or permits. The amount of each bond required for a certificate of exploration must be two thousand, five hundred dollars. The amount of each bond for operating permits must be based upon the area of affected land to be reclaimed under the approved reclamation plan to which it pertains, less any area whose reclamation has been completed and released from coverage by the department division pursuant to Section 48-20-130. If the area totals less than ten acres, the bond must be ten thousand dollars. If it is ten acres or more but less than fifteen acres, the bond must be fifteen thousand dollars. If it is fifteen or more acres the bond must be twenty-five thousand dollars. If an area totals more than twenty-five acres, the department division may require a bond in excess of twenty-five thousand dollars if a greater bond is necessary to insure reclamation as provided by this chapter.
All mining operations must have the reclamation bond amounts in effect by July 1, 1995, or before if the mining permit is modified to increase the affected land.
The bond must be conditioned upon the faithful performance of the requirements set forth in this chapter and of the regulations adopted pursuant to it. Liability under the bond must be maintained as long as reclamation is not completed in compliance with the approved reclamation plan unless released only upon written notification from the department division. Notification must be given upon completion of compliance or acceptance by the department division of a substitute bond. In no event may the liability of the surety exceed the amount of surety bond required by this section.
In lieu of the surety bond required by this section, the explorer or operator may file with the department division a cash deposit, registered securities acceptable to the department division, an assignment of a savings account in a South Carolina bank, or other securities acceptable to the department division on an assignment form prescribed by the department division.
If the license to do business in South Carolina of a surety upon a bond filed pursuant to this chapter is suspended or revoked, the operator, within sixty days after receiving notice, shall substitute for the surety a good and sufficient corporate surety authorized to do business in this State or file with the department division one of the alternative forms of surety prescribed in this section. Upon failure of the operator to make the substitution, the permit must be suspended until the substitute bond is posted and written documentation is provided to the department division.
Section 48-20-120. Within thirty days following the end of the state fiscal year, and each year thereafter until reclamation is completed and approved, the operator shall file a report of activities completed during the preceding year for each permitted mining operation on a form prescribed by the department division which at a minimum:
(1) identifies the mine, the operator, and the permit number;
(2) states acreage disturbed by mining in the last twelve-month period;
(3) states and describes the amount and type of reclamation by segments carried out in the last twelve-month period;
(4) estimates acreage to be newly disturbed by mining in the next twelve-month period;
(5) states and describes the amount and type of reclamation by segments, expected to be carried out in the next twelve-month period;
(6) provides maps as specifically requested by the department division.
As part of the annual report, the department division may assess and collect an annual operating fee for each mine. The department division may assess and collect a penalty following written notification to the operator by the department division for each annual report and annual operating fee not filed within thirty days following the end of the state fiscal year. If the required operating fee and the annual report are not filed by December thirty-first following the end of the state fiscal year, the department division shall give written notice to the operator and then initiate permit revocation proceedings in accordance with the provisions of Section 48-20-160.
Section 48-20-130. Upon receipt of the operator's annual report or report of completion of reclamation and at any other reasonable time the department division may elect, the department division shall inspect the permit area to determine if the operator has complied with the reclamation plan, the requirements of this chapter, regulations promulgated by its authority, and the terms and conditions of his permit. Accredited representatives of the department division at all reasonable times may enter upon the land subject to the certificate of exploration or operating permit for the purpose of making the inspection.
The operator shall proceed with reclamation as scheduled in the approved reclamation plan. Following its inspection, the department division shall give written notice to the operator of any deficiencies noted. The operator shall commence action within thirty days to rectify these deficiencies and proceed diligently until they have been corrected. The department division may extend performance periods referred to in this section and in Section 48-20-90 for delays clearly beyond the operator's control but only in cases where the department division finds that the operator is making every reasonable effort to comply. In the absence of corrective action by the operator to rectify deficiencies where previous written notice has been given, the department division may issue a notice of uncorrected deficiencies or violations.
Upon completion of reclamation of an area of affected land, the operator shall notify the department division. The department division shall make an inspection of the area and, if it finds that reclamation has been properly completed, it shall notify the operator in writing and release him from further obligations regarding the affected land. At the same time, it shall release all of the appropriate portion of a performance bond or other security which he has posted under Section 48-20-110.
If at any time the department division finds that reclamation of the permit area is not proceeding in accordance with the reclamation plan and that the operator has failed within thirty days, or any extension of that date after receiving a notice of uncorrected deficiencies to commence corrective action, or if the department division finds that reclamation has not been completed properly in conformance with the reclamation plan within two years, or longer if authorized by the department division, after termination of mining on any segment of the permit area, the operator shall show cause why it has not complied, and, upon just cause given, an extension of time to comply must be granted. If just cause is not demonstrated, the department division shall initiate forfeiture proceedings against the bonds or other security filed by the operator under Section 48-20-170. The failure constitutes grounds for suspension or revocation of the operator's permit as provided in Section 48-20-160.
Section 48-20-140. The department division may assess an administrative fee as part of the issuance of notices of uncorrected deficiencies or violations. A fee of two hundred fifty dollars may be assessed for the first notice of uncorrected deficiencies or violations with subsequent notices for the same deficiencies assessed at five hundred dollars a notice. The operator may appeal the issuance of the notice of uncorrected deficiencies and violations and administrative fees as provided in Section 48-20-190.
Section 48-20-150. If at any time it appears to the department division that the activities under the reclamation plan and other terms and conditions of the operating permit are failing to achieve the purposes and requirements of this chapter, it shall give the operator written notice of that fact, of its intention to modify the reclamation plan and other terms and conditions of the permit in a stated manner, and of the operator's right to a hearing on the proposed modification at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice unless the department division and the operator mutually agree on another date. Following the hearing, the department division may modify the reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in such other manner it considers appropriate in view of the evidence submitted at the hearing.
Section 48-20-160. Whenever the department division believes a violation of this chapter, a regulation promulgated under it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department division and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department division following the hearing finds that there has been a violation, the department division may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful.
The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council under Section 48-20-190 stays the effective date until the council's decision. A further appeal to the court of common pleas under Section 48-20-200 stays the effective date until the date of the court judgment. If the department division finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief under Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action.
An operator whose operating permit has been suspended or revoked must be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department division of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations.
A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated under it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked must be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department division that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations.
Section 48-20-170. Whenever the department division determines the necessity of a bond forfeiture under the provisions of Section 48-20-130, or whenever it revokes an operating permit under the provisions of Section 48-20-160, it shall request the Attorney General to initiate forfeiture proceedings against the bond or other security filed by the operator or explorer under Section 48-20-110, but no such request may be made for forfeiture of a bond until the surety has been given written notice of the violation and a reasonable opportunity of at least sixty days to take corrective action. The proceedings must be brought in the name of the State of South Carolina. In the proceedings, the face amount of the bond or other security, less any amount released by the department division pursuant to Section 48-20-130, must be treated as liquidated damages and subject to forfeiture. All funds collected as a result of the proceedings must be placed in a special fund and used by the department division to carry out, to the extent possible, and in a cost-effective manner, the reclamation measures which the operator or explorer has failed to complete. Funds remaining after the reclamation plan has been completed must be refunded to the surety. If the amount of the bond or other security filed pursuant to this section proves to be insufficient to complete the required reclamation pursuant to the approved reclamation plan, the operator or explorer is liable to the department division for any excess above the amount of the bond or other security which may be required to defray the cost of completing the required reclamation.
Section 48-20-180. Whenever written notice must be given by the department division, it must be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of a permit. No other notice is required.
Section 48-20-190. An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department division issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department division issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's division's decision shall give written notice to the council through its secretary that he desires to appeal and filing a copy of the notice with the department division at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department division, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department division. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department division, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department division and may direct the department division to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the court of common pleas as provided in Section 48-20-200.
Section 48-20-200. An appeal to the courts may be taken from any decision of the council, or its designated committee or the hearing panel, in the manner provided by Chapter 7 of Title 18. An appeal also may lie against the department's division's refusal to release part or all of a bond or other security posed under Section 48-20-110 as provided in Section 48-20-130. The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted.
Section 48-20-210. The department division shall promulgate regulations to implement the provisions of this chapter as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the duties of operators applying for certificates of exploration and operating permits under this chapter and also those of the department division director, his subordinates, or designees.
Section 48-20-220. Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the department division may issue an immediate cease and desist order. A cease and desist order also may be issued against an operator who is engaged in mining before his receipt of written notification from the department division that he is eligible to mine under the authority of a general permit for areas over two acres, or for not complying with the requirements of the general permit during mining. In addition to the issuance of the order, the department division may seek a restraining order or injunction pursuant to Section 48-20-230.
Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator conducts mining without a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the explorer or operator may be subject to a civil penalty assessed by the department division of not more than one thousand dollars for each offense. Civil penalties may be levied against an operator who is engaged in mining before his receipt of written notification from the department division that he is eligible to mine under the authority of a general permit or for not complying with the requirements of the general permit during mining. Each day of continued violation after issuance of a cease and desist order may be considered a further and separate offense. The severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation must be considered in determining the amount of the civil penalty. Orders and penalties issued pursuant to this section may be appealed under Section 48-20-190.
Section 48-20-230. In addition to other penalties provided by this chapter, an operator who engages in mining in wilful violation of the provisions of this chapter or of regulations promulgated under it or who wilfully misrepresents a fact in an action taken pursuant to this chapter or wilfully gives false information in an application or report required by this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of continued violation after written notification is a separate offense.
In addition to other remedies, the department division may institute an appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter or a regulation promulgated under this chapter.
Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer.
Section 48-20-250. No provision of this chapter supersedes, affects, or prevents the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county or by an agency or department division of this State, except when a provision of the regulation or ordinance is in direct conflict with this chapter.
Section 48-20-260. No provisions of this chapter may restrict or impair the right of a private or public person to bring a legal or equitable action for damages or redress against nuisances or hazards.
Section 48-20-270. Nothing contained in this chapter and no action or failure to act under this chapter may be construed to impose liability on the State, department division, district, or an agency, officer, or employee of the State for the recovery of damages caused by the action or failure to act.
Section 48-20-280. The provisions of this chapter do not apply to those activities of the Department of Transportation , nor of a person acting under contract with the department division, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the department division has adopted reclamation standards applying to those activities and the standards have been approved by the council. At the discretion of the department division, the provisions of this chapter may apply to mining on federal lands.
Section 48-20-290. The department division, with the approval of the Governor, and in order to accomplish any of the purposes of the department division, may apply for, accept, and expend grants from the federal government and its agencies and from a foundation, corporation, association, or individual may enter into contracts relating to the grants, and may comply with the terms, conditions, and limitations of the grants or contracts. The department division may engage in appropriate research to further its ability to accomplish its purposes under this chapter and may contract for the research to be done by others. The department division may cooperate with the federal, state, or a local government or agency of this or any other state in mutual programs to improve the enforcement of this chapter or to accomplish its purposes more successfully.
Section 48-20-300. All lands mined subsequent to July 1, 1974, must be included in a reclamation plan.
Section 48-20-310. The civil penalties imposed upon certain violations of this chapter, including failure to act, do not include a violation which was caused by an act of God, war, strike, riot, or other catastrophe when negligence on the part of the violator was not the proximate cause."
SECTION 74. Section 48-21-20 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 48-21-20. (a) The 'mining council' is established in the office of the Governor. The council is the advisory body referred to in Article V(a) of the Interstate Mining Compact. Members of the council and the Governor's alternate on the Interstate Mining Commission shall receive the per diem, mileage, and subsistence allowed by law for members of state boards, committees, and commissions.
(b) The council shall be composed of eleven members. One member shall be the State Geologist and one member shall be the Secretary of Commerce or his designee. Three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of mining industries; three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of nongovernmental conservation interests; two members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources who shall be knowledgeable in the principles of water and air resources management; and one member, appointed by the Governor, shall be his official representative to the Interstate Mining Compact Commission. Any public official appointed to the council shall serve ex officio. The term of office for the Secretary of Commerce or his designee and the Governor's official representative to the Interstate Mining Compact Commission shall be coterminous with that of the Governor. Of the remaining eight members appointed by the Governor, six shall be appointed for terms of six years, two shall be appointed for terms of two years and beginning July 1, 1976, the term of office for all new appointments and reappointments to these eight positions shall be for four years. The term of each member of the council shall expire on June thirtieth of the year in which his term expires. Any vacancy occurring on the council by death, resignation or otherwise shall be filled for the unexpired term of the person creating the vacancy by the Governor.
(c) In accordance with Article V (i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Director Department of Health and Environmental Control."
SECTION 75. Chapter 39, Title 48 of the 1976 Code, as last amended by Act 248 of 2002, is further amended to read:
Section 48-39-10. As used in this chapter:
(A) 'Applicant' means any person who files an application for a permit under the provisions of this chapter.
(B) 'Coastal zone' means all coastal waters and submerged lands seaward to the State's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper and Georgetown.
(C)'Division' 'Office' means the Coastal Division Office of the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(D) 'CDPS' means Coastal Division Permitting Staff.
(E) 'Saline waters' means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand.
(F) 'Coastal waters' means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. Provided, however, that the department may designate boundaries which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be determined scientifically.
(G) 'Tidelands' means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically inundated by saline waters whether or not the saline waters reach the area naturally or through artificial water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of growth and reproduction. Provided, however, nothing in this definition shall apply to wetland areas that are not an integral part of an estuarine system. Further, until such time as the exact geographic extent of this definition can be scientifically determined, the department shall have the authority to designate its approximate geographic extent.
(H) 'Beaches' means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established.
(I) 'Primary ocean front sand dunes' means those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean.
(J) 'Critical area' means any of the following:
(1) coastal waters;
(2) tidelands;
(3) beaches;
(4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280.
(K) 'Person' means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter.
(L) 'Estuarine sanctuary' means a research area designated as an estuarine sanctuary by the Secretary of Commerce.
(M) 'Marine sanctuary' means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce.
(N) 'Minor development activities' means the construction, maintenance, repair or alteration of any private piers or erosion control structure, the construction of which does not involve dredge activities.
(O) 'Dredging' means the removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from any critical area.
(P) 'Filling' means either the displacement of saline waters by the depositing into critical areas of soil, sand, gravel, shells or other material or the artificial alteration of water levels or water currents by physical structure, drainage ditches or otherwise.
(Q) 'Submerged lands' means those river, creek and ocean bottoms lying below mean low-water mark.
(R) 'Oil' means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
(S) 'Gas' means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir.
(T) 'Fuel' means gas and oil.
(U) 'Emergency' means any unusual incident resulting from natural or unnatural causes which endanger the health, safety or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm or other such violent disturbance.
(V) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(W) 'Board' means the board of the department division.
Section 48-39-20. The General Assembly finds that:
(A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to the present and future well-being of the State.
(B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion.
(C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone.
(D) The coastal zone and the fish, shellfish, other living marine resources and wildlife therein, may be ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.
(E) Important ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned development that threatens to destroy these values.
(F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.
Section 48-39-30. (A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State.
(B) Specific state policies to be followed in the implementation of this chapter are:
(1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone;
(2) To protect and, where possible, to restore or enhance the resources of the State's coastal zone for this and succeeding generations;
(3) To formulate a comprehensive tidelands protection program;
(4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes.
(5) To encourage and assist state agencies, counties, municipalities and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural and historic values as well as to the needs for economic and social development and resources conservation.
(C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States.
(D) Critical areas shall be used to provide the combination of uses which will insure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter.
(E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.
Section 48-39-35. The Coastal Division Office of the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources is created July 1, 1994.
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 Division of 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.
Section 48-39-50. The South Carolina Department of Health and Environmental Control Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall have the following powers and duties:
(A) To employ the CDPS consisting of, but not limited to, the following professional members: An administrator and other staff members to include those having expertise in biology, civil and hydrological engineering, planning, environmental engineering and environmental law.
(B) To apply for, accept and expend financial assistance from public and private sources in support of activities undertaken pursuant to this chapter and the Federal Coastal zone Management Act of 1972.
(C) To undertake the related programs necessary to develop and recommend to the Governor and the General Assembly a comprehensive program designed to promote the policies set forth in this chapter.
(D) To hold public hearings and related community forums and afford participation in the development of management programs to all interested citizens, local governments and relevant state and federal agencies, port authorities and other interested parties.
(E) To promulgate necessary rules and regulations to carry out the provisions of this chapter.
(F) To administer the provisions of this chapter and all rules, regulations and orders promulgated under it.
(G) To examine, modify, approve or deny applications for permits for activities covered by the provisions of this chapter.
(H) To revoke and suspend permits of persons who fail or refuse to carry out or comply with the terms and conditions of the permit.
(I) To enforce the provisions of this chapter and all rules and regulations promulgated by the department division and institute or cause to be instituted in courts of competent jurisdiction of legal proceedings to compel compliance with the provisions of this chapter.
(J)To manage estuarine and marine sanctuaries and regulate all activities therein, including the regulation of the use of the coastal waters located within the boundary of such sanctuary.
(K) To establish, control and administer pipeline corridors and locations of pipelines used for the transportation of any fuel on or in the critical areas.
(L) To direct and coordinate the beach and coastal shore erosion control activities among the various state and local governments.
(M) To implement the state policies declared by this chapter.
(N) To encourage and promote the cooperation and assistance of state agencies, coastal regional councils of government, local governments, federal agencies and other interested parties.
(O) To exercise all incidental powers necessary to carry out the provisions of this chapter.
(P) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys of the coastal zone of this State with the object of avoiding unnecessary duplication and overlapping.
(Q) To serve as a coordinating state agency for any program of tidal surveying conducted by the federal government.
(R) To develop and enforce uniform specifications and regulations for tidal surveying.
(S) To monitor, in coordination with the South Carolina Department Division of Natural Resources, the waters of the State for oil spills. If such Department observes an oil spill in such waters it shall immediately report such spill to the South Carolina Department of Health and Environmental Control, the United States Coast Guard and Environmental Protection Agency. This in no way negates the responsibility of the spiller to report a spill.
(T) To direct, as the designated state agency to provide liaison to the regional response team, pursuant to Section 1510.23 of the National Contingency Plan, state supervised removal operations of oil discharged into the waters within the territorial jurisdiction of this State and entering such waters after being discharged elsewhere within the State, and to seek reimbursement from the National Contingency Fund for removal operations cost expended by it and all other agencies and political subdivisions including county, municipal and regional governmental entities in removing such oil as provided for in Section 311(C)(2) of the Federal Water Pollution Control Act.
(U) To act as advocate, where the department division deems such action appropriate, on behalf of any person who is granted a permit for a specific development by the department division but is denied a permit by a federal agency for the same specific development.
(V) To delegate any of its powers and duties to the CDPS.
Section 48-39-60. When requested by the department division, the South Carolina Department Division of Natural Resources shall provide additional staff for the department division, including any additional enforcement officers, necessary to administer the provisions of this chapter and for which funds are available.
Section 48-39-70. (A) All other state and local agencies and commissions shall cooperate with the department division in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder.
(B) The department division in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with the work of the department division. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the department division a proper decision cannot be rendered without the submission of such proprietary information, the department division shall be empowered to execute an agreement on confidentiality with the applicant and such information shall not be made a part of the public record of current or future proceedings.
(C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the department division, may issue to such person an order requiring him to appear before the department division to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the department division and signed by the department division director. Subpoenas shall be issued to such persons as the department division may designate.
Section 48-39-80. The department division shall develop a comprehensive coastal management program, and thereafter have the responsibility for enforcing and administering the program in accordance with the provisions of this chapter and any rules and regulations promulgated under this chapter. In developing the program the department division shall:
(A) Provide a regulatory system which the department division shall use in providing for the orderly and beneficial use of the critical areas.
(B) In devising the management program the department division shall consider all lands and waters in the coastal zone for planning purposes. In addition, the department division shall:
(1) Identify present land uses and coastal resources.
(2) Evaluate these resources in terms of their quality, quantity and capability for use both now and in the future.
(3) Determine the present and potential uses and the present and potential conflicts in uses of each coastal resource.
(4) Inventory and designate areas of critical state concern within the coastal zone, such as port areas, significant natural and environmental, industrial and recreational areas.
(5) Establish broad guidelines on priority of uses in critical areas.
(6) Provide for adequate consideration of the local, regional, state and national interest involved in the siting of facilities for the development, generation, transmission and distribution of energy, adequate transportation facilities and other public services necessary to meet requirements which are other than local in nature.
(7) Provide for consideration of whether a proposed activity of an applicant for a federal license or permit complies with the State's coastal zone program and for the issuance of notice to any concerned federal agency as to whether the State concurs with or objects to the proposed activity.
(8) Provide for a review process of the management plan and alterations thereof that involves local, regional, state and federal agencies.
(9) Conduct other studies and surveys as may be required, including the beach erosion control policy as outlined in this chapter.
(10) Devise a method by which the permitting process shall be streamlined and simplified so as to avoid duplication.
(11) Develop a system whereby the department division shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan.
(C) Provide for a review process of the management program and alterations that involve interested citizens as well as local, regional, state and federal agencies.
(D) Consider the planning and review of existing water quality standards and classifications in the coastal zone.
(E) Provide consideration for nature-related uses of critical areas, such as aquaculture, mariculture, waterfowl and wading bird management, game and nongame habitat protection projects and endangered flora and fauna.
Section 48-39-85. (A) In order to promote safe and clean litter-free beaches, the department division shall develop a program to be known as 'Adopt-A-Beach', whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of controlling litter along that section of beach.
(B) Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following:
(1) development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach;
(2) a general cleanup of the area at least twice a year; and
(3) assistance to the department division in securing media coverage for the program.
Section 48-39-90. (A) The department division, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations and port authorities.
(B) All department division documents associated with such hearings shall be conveniently available to the public for review and study at least thirty days prior to a hearing. A report on each hearing shall be prepared and made available to the public within forty-five days of such hearing.
(C) After sufficient hearings and upon consideration of the views of interested parties the department division shall propose a final management plan for the coastal zone to the Governor and the General Assembly.
(D) Upon review and approval of the proposed management plan by the Governor and General Assembly, the proposed plan shall become the final management plan for the State's coastal zone.
(E) Any change in or amendment to the final management plan shall be implemented by following the procedures established in subsections (A), (B), (C), and (D) of this section and upon the review and approval of the Governor and the General Assembly.
Section 48-39-100. (A) The management program specified in Section 48-39-90 shall be developed in complete cooperation with affected local governments in the coastal zone. This cooperation shall include, but not be limited to:
(1) Involvement of local governments or their designees in the management program.
(2) Provision of technical assistance and grants to aid local governments in carrying out their responsibilities under this chapter.
(3) Dissemination of improved informational data on coastal resources to local and regional governmental units.
(4) Recommendations to local and regional governmental units as to needed modifications or alterations in local ordinances that become apparent as a result of the generation of improved and more comprehensive information.
(B) Any city or county that is currently enforcing a zoning ordinance, subdivision regulation or building code, a part of which applies to critical areas, shall submit the elements of such ordinances and regulations applying to critical areas to the department division for review. The department division shall evaluate such ordinances and plans to determine that they meet the provisions of this chapter and rules and regulations promulgated hereunder. Upon determination and approval by the department, division such ordinances and regulations shall be adopted by the department division, followed by the department division in meeting its permit responsibilities under this chapter and integrated into the Department's division's Coastal Management Program. Any change or modification in the elements of approved zoning ordinances, subdivision regulations or building codes applying to critical areas shall be disapproved by the department division if it is not in compliance with the provisions of this chapter and rules and regulations promulgated hereunder.
(C) Any city or county that is not currently enforcing ordinances or regulations on the critical areas within its jurisdiction at its option may elect to develop a management program for such critical areas by notifying the department division of its intent within one hundred and eighty days following the twenty-fourth day of May, 1977. Such proposed ordinances and regulations applying to critical areas shall be subject to the process specified in Section 48-39-100(B).
(D) Any county or city may delegate some or all of its responsibilities in developing a coastal management program for critical areas under its jurisdiction to the regional council of government of which it is a part, provided the county or city has notified the department division in writing at least thirty days prior to the date on which such action is to be taken.
Section 48-39-110. The South Carolina State Ports Authority shall prepare and submit to the department division a management plan for port and harbor facilities and navigation channels. Upon approval by the department division of such management plan it shall become part of the comprehensive coastal management program developed by the department division. The South Carolina State Ports Authority shall include in the management plan a designation of the geographical area appropriate for use by public and private port and harbor facilities and military and naval facilities and submit this to the department division for approval.
Section 48-39-120. (A) The department division shall develop and institute a comprehensive beach erosion control policy that identifies critical erosion areas, evaluates the benefits and costs of erosion control structures funded by the State, considers the dynamic littoral and offshore drift systems, sand dunes and like items.
(B) The department division for and on behalf of the State may issue permits for erosion control structures following the provisions of this section and Sections 48-39-140 and 48-39-150, on or upon the tidelands and coastal waters of this State as it may deem most advantageous. Provided, however, that no property rebuilt or accreted as a result of natural forces or as a result of a permitted structure shall exceed the original property line or boundary. Provided, further, that no person or governmental agency may develop ocean front property accreted by natural forces or as the result of permitted or nonpermitted structures beyond the mean high water mark as it existed at the time the ocean front property was initially developed or subdivided, and such property shall remain the property of the State held in trust for the people of the State.
(C) The department division shall have the authority to remove all erosion control structures which have an adverse effect on the public interest.
(D) The department division is authorized for and in behalf of the State to accept such federal monies for beach or shore erosion control in areas to which the public has full and complete access as are available and to sign all necessary agreements and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid.
(E) If a beach or shore erosion emergency is declared by the department division, the State, acting through the department division, may spend whatever state funds are available to alleviate beach or shore erosion in areas to which the public has full and complete access, including any funds which may be specifically set aside for such purposes.
(F) The department division, for and on behalf of the State, may issue permits not otherwise provided by state law, for erosion and water drainage structure in or upon the tidelands, submerged lands and waters of this State below the mean high-water mark as it may deem most advantageous to the State for the purpose of promoting the public health, safety and welfare, the protection of public and private property from beach and shore destruction and the continued use of tidelands, submerged lands and waters for public purposes.
Section 48-39-130. (A) Ninety days after July 1, 1977, no person shall utilize a critical area for a use other than the use the critical area was devoted to on such date unless he has first obtained a permit from the department division.
(B) Within sixty days of July 1, 1977, the department division shall publish and make available the interim rules and regulations it will follow in evaluating permit applications. These interim rules and regulations shall be used in evaluating and granting or denying all permit applications until such time as the final rules and regulations are adopted in accordance with this section and Chapter 23 of Title 1. Within one hundred and twenty days of July 1, 1977 the department division shall publish and make available to local and regional governments and interested citizens for review and comment a draft of the final rules and regulations it will follow in evaluating permit applications. Sixty days after making such guidelines available the department division shall hold a public hearing affording all interested persons an opportunity to comment on such guidelines. Following the public hearing the department division, pursuant to the Administrative Procedures Act, shall in ninety days publish final rules and regulations. Provided, however, the interim rules and regulations shall not be subject to the provisions of Chapter 23 of Title 1.
(C) Ninety days after July 1, 1977 no person shall fill, remove, dredge, drain or erect any structure on or in any way alter any critical area without first obtaining a permit from the department division. Provided, however, that a person who has legally commenced a use such as those evidenced by a state permit, as issued by the Budget and Control Board, or a project loan approved by the rural electrification administration or a local building permit or has received a United States Corps of Engineers or Coast Guard permit, where applicable, may continue such use without obtaining a permit. Any person may request the department division to review any project or activity to determine if he is exempt under this section from the provisions of this chapter. The department division shall make such determinations within forty-five days from the receipt of any such request.
(D) It shall not be necessary to apply for a permit for the following activities:
(1) The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the department division. However, with regard to the beach/dune critical area, only the use of sandbags, sandscraping, or renourishment, or a combination of them, in accordance with guidelines provided by the department division is allowed pursuant to this item.
(2) Hunting, erecting duckblinds, fishing, shellfishing and trapping when and where otherwise permitted by law; the conservation, repletion and research activities of state agencies and educational institutions or boating or other recreation provided that such activities cause no material harm to the flora, fauna, physical or aesthetic resources of the area.
(3) The discharge of treated effluent as permitted by law; provided, however, that the department division shall have the authority to review and comment on all proposed permits that would affect critical areas.
(4) Dredge and fill performed by the United States Corps of Engineers for the maintenance of the harbor channels and the collection and disposal of the materials so dredged; provided, however, that the department division shall have authority to review and certify all such proposed dredge and fill activities.
(5) Construction of walkways over sand dunes in accordance with regulations promulgated by the department division.
(6) Emergency repairs to an existing bank, dike, fishing pier, or structure, other than oceanfront erosion control structures or devices, which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly, if notice is given in writing to the department division within seventy-two hours from the onset of the needed repairs.
(7) Maintenance and repair of drainage and sewer facilities constructed in accordance with federal or state laws and normal maintenance and repair of any utility or railroad.
(8) Normal maintenance or repair to any pier or walkway provided that such maintenance or repair not involve dredge or fill.
(9) Construction or maintenance of a major utility facility where the utility has obtained a certificate for such facility under 'The Utility Facility Siting and Environmental Protection Act', Chapter 33 of Title 58 of the 1976 Code. Provided, however, that the South Carolina Public Service Commission shall make the department division a party to certification proceedings for utility facilities within the coastal zone.
Section 48-39-140. (A) Any person who wishes may submit development plans to the department division for preliminary review. If a permit is necessary, the department division will make every effort to assist the applicant in expediting the permit application.
(B) Each application for a permit shall be filed with the department division and shall include:
(1) Name and address of the applicant.
(2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished.
(3) A plat of the area in which the proposed work will take place.
(4) A copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property, to carry out the proposal.
(5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such information is not ascertainable.
(C) The department division within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of general circulation in the area concerned. The department division may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the department division shall determine in which county to hold the hearing or may hold hearings in both counties.
Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such application after receipt of any such notice by the department division.
Section 48-39-145. (A) The department division may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must pay an administrative fee of two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department division may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department division, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.
(B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application.
Section 48-39-150. (A) In determining whether a permit application is approved or denied the department division shall base its determination on the individual merits of each application, the policies specified in Sections 48-39-20 and 48-39-30 and be guided by the following general considerations:
(1) The extent to which the activity requires a waterfront location or is economically enhanced by its proximity to the water.
(2) The extent to which the activity would harmfully obstruct the natural flow of navigable water. If the proposed project is in one or more of the state's harbors or in a waterway used for commercial navigation and shipping or in an area set aside for port development in an approved management plan, then a certificate from the South Carolina State Ports Authority declaring the proposed project or activity would not unreasonably interfere with commercial navigation and shipping must be obtained by the department division prior to issuing a permit.
(3) The extent to which the applicant's completed project would affect the production of fish, shrimp, oysters, crabs or clams or any marine life or wildlife or other natural resources in a particular area including but not limited to water and oxygen supply.
(4) The extent to which the activity could cause erosion, shoaling of channels or creation of stagnant water.
(5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches or other recreational coastal resources.
(6) The extent to which the development could affect the habitats for rare and endangered species of wildlife or irreplaceable historic and archeological sites of South Carolina's coastal zone.
(7) The extent of the economic benefits as compared with the benefits from preservation of an area in its unaltered state.
(8) The extent of any adverse environmental impact which cannot be avoided by reasonable safeguards.
(9) The extent to which all feasible safeguards are taken to avoid adverse environmental impact resulting from a project.
(10) The extent to which the proposed use could affect the value and enjoyment of adjacent owners.
(B) After considering the views of interested agencies, local governments and persons, and after evaluation of biological and economic considerations, if the department division finds that the application is not contrary to the policies specified in this chapter, it shall issue to the applicant a permit. The permit may be conditioned upon the applicant's amending the proposal to take whatever measures the department division feels are necessary to protect the public interest. At the request of twenty citizens or residents of the county or counties affected, the department division shall hold a public hearing on any application which has an effect on a critical area, prior to issuing a permit. Such public hearings shall be open to all citizens of the State. When applicable, joint public hearings will be held in conjunction with any such hearings required by the U. S. Army Corps of Engineers. On any permit application pertaining to a specific development which has been approved by the department division, the department division may support the applicant with respect to any federal permit applications pertaining to the same specific development.
(C) The department division shall act upon an application for a permit within ninety days after the application is filed. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department division shall have the authority to approve such permits and shall act within thirty days. In the event a permit is denied the department division shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter.
(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right of direct appeal from the decision of the Administrative Law Judge to the Coastal Zone Management Appellate Panel. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial.
(E) Any permit may be revoked for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder and the holder given an opportunity to present an explanation to the department division.
(F) Work authorized by permits issued under this chapter must be completed within five years after the date of issuance. The time limit may be extended for good cause showing that due diligence toward completion of the work has been made as evidenced by significant work progress. An extension only may be granted if the permitted project meets the policies and regulations in force when the extension is requested or the permittee agrees to accept additional conditions which would bring the project into compliance. The time periods required by this subsection must be tolled during the pendency of an administrative or a judicial appeal of the permit issuance.
Section 48-39-160. The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department division, the Attorney General or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department division may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.
Section 48-39-170. (A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than five thousand dollars, or both, for the first offense, and imprisoned not more than one year, or fined not more than ten thousand dollars, or both, for each subsequent offense.
(B) Any violation of any provision of this chapter involving five yards square (225 square feet) or less of critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The enforcement officers of the Natural Resources Enforcement Division Office of the South Carolina Department Division of Natural Resources may serve warrants under this provision and otherwise enforce this chapter. The magistrates of this State have jurisdiction over minor violations of this chapter. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved.
(C) Any person who is determined to be in violation of any provision of this chapter by the department division shall be liable for, and may be assessed by the department for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the department division determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department division may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the department division; in addition, the department division may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-39-160.
(D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State.
Section 48-39-180. Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the department division 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 division's action 'de novo' or to determine whether the department's division's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the State's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department division shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The circuit court may in its discretion require that a reasonable bond be posted by any person. It is specifically intended that any person whose permit application has been denied may have such permit issued by the circuit court having jurisdiction if such person can prove the reasons given for denial to be invalid.
Section 48-39-190. Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.
Section 48-39-210. (A) The department division is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the department division is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by department division, department division validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:
'The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three- year time limit and where manmade alterations change the critical area line.
Section 48-39-220. (A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title or interest of such person in and to such tidelands as against the State. Service of process shall be made upon the secretary of the State Budget and Control Board.
(B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.
(C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such tidelands, except as set forth in this section.
(D) The Attorney General shall immediately notify the department division upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The department division will publish all such notifications in the State Register.
Section 48-39-250. The General Assembly finds that:
(1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:
(a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;
(b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;
(c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species;
(d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being.
(2) Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.
(3) Many miles of South Carolina's beaches have been identified as critically eroding.
(4) Chapter 39 of Title 48, Coastal Tidelands and Wetlands, prior to 1988, did not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system.
Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.
(5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.
(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.
(7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, may deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also may deprive the beach/dune system of much-needed sand.
(8) It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.
(9) Present funding for the protection, management, and enhancement of the beach/dune system is inadequate.
(10) There is no coordinated state policy for post-storm emergency management of the beach/dune system.
(11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.
Section 48-39-260. In recognition of its stewardship responsibilities, the policy of South Carolina is to:
(1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:
(a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;
(b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;
(c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;
(d) natural habitat for indigenous flora and fauna including endangered species;
(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;
(3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the department division which will provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;
(7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event.
Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;
(c) revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure but, if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.
(3) Department means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide.
(5) The beach/dune system includes all land from the mean highwater mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.
(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development.
(10) Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government.
(11) Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the department division, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers must select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies must make the selection. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.
(12) Pool is a structure designed and used for swimming and wading.
(13) Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.
Section 48-39-280. (A) A forty-year policy of retreat from the shoreline is established. The department division must implement this policy and must utilize the best available scientific and historical data in the implementation. The department division must establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.
(1) The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the department division using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.
(2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the department division as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the department division, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.
(3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.
(4) Notwithstanding any other provision of this section, where a department division-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 division-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the 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 division. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department division must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an Administrative Law Judge's decision under this section may be made to the Coastal Zone Management Appellate Panel.
(B) To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan.
(C) The department division, before July 3, 1991, must establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the department division must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department division must hold one public hearing before establishing the final baseline and setback lines. Until the department division establishes new baselines and setback lines, the existing baselines and setback lines must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.
(D) In order to locate the baseline and the setback line, the department division must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The department must acquire sufficient surveyed topographical information on which to locate the baseline. Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department division, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the department division is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The department division, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.
(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the Coastal Zone Management Appellate Panel and handled in accordance with the department's division's regulations on appeals.
Section 48-39-290. (A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device;
(8) existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:
(a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:
(i) establishment of new monuments;
(ii) determination of the annual volume and transport of sand; and
(iii) annual aerial photographs.
Subsequent monitoring requirements must be based on results from the first five-year report.
(b) Groins may only be permitted after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subsection (c).
(c) If the monitoring program established pursuant to subsection (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department division must require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the pre-construction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment.
(d) Adjacent and downdrift communities and municipalities must be notified by the department division of all applications for a groin project.
(e) Nothing in the section shall be construed to create a private cause of action, but nothing in this section shall be construed to limit a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are:
(i) the reconstruction or removal of a groin; and/or
(ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subsection (c).
An adjacent or downdrift property owner that claims a groin has caused or is causing an adverse impact shall notify the department division of such impact. The department division shall render an initial determination within sixty (60) days of such notification. Final agency action shall be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
A permit must be obtained from the department division for items (2) through (8).
(B) Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows:
(1) Habitable structures:
(a) New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner must certify in writing to the department division that the construction meets the following requirements:
(i) The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the department division showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section.
(ii) No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline.
(b) Habitable structures which existed on the effective date of Act 634 of 1988 or constructed pursuant to this section:
(i) Normal maintenance and repair of habitable structures is allowed without notice to the department division.
(ii) Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square feet of heated space. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a).
(iii) Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed.
(iv) Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the department division that all of the following requirements are met:
a. The total square footage of the replaced structure seaward of the setback line does not exceed the total square footage of the original structure seaward of the setback line. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast.
b. The replaced structure is no farther seaward than the original structure.
c. Where possible, the replaced structure is moved landward of the setback line or, if not possible, then as far landward as is practicable, considering local zoning and parking regulations.
d. The reconstruction is not seaward of the baseline unless permitted elsewhere in Sections 48-39-250 through 48-39-360.
(v) Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure.
(2) Erosion control devices:
(a) No new erosion control structures or devices are allowed seaward of the setback line except to protect a public highway which existed on the effective date of this act.
(b) Erosion control structures or devices which existed on the effective date of this act must not be repaired or replaced if destroyed:
(i) more than eighty percent above grade through June 30, 1995;
(ii) more than sixty-six and two-thirds percent above grade from July 1, 1995, through June 30, 2005;
(iii) more than fifty percent above grade after June 30, 2005.
(iv) Damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the department division, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies must make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive.
(v) The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.
(vi) Erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii). Repairs must be made with materials similar to those of the structure or device being repaired.
(c) Erosion control structures or devices determined to be destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii) must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Act 634 of 1988.
(d) The provisions of this section do not affect or modify the provisions of Section 48-39-120(C).
(e) Subitem (a) does not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet of which twenty thousand, ninety feet of shoreline is revetted with existing erosion control devices and one hundred twenty feet of shoreline is not revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for beach renourishment funds.
(3) Pools, as defined in Section 48-39-270(12):
(a) No new pools may be constructed seaward of the setback line unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of this act and is built as far landward as practical.
(b) Normal maintenance and repair is allowed without notice to the department.
(c) If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the department division pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the department division that:
(i) It is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements.
(ii) It is rebuilt no larger than the destroyed pool.
(iii) It is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device.
(d) If a pool is not destroyed beyond repair as determined by the department division pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if:
(i) The dimensions of the pool are not enlarged.
(ii) The construction conforms to sub-subitem (iii) of subitem (c).
(4) All other construction or alteration between the baseline and the setback line requires a department division permit. However, the department division, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360.
(C)(1)Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:
(a) All building permits have been applied for or issued by a local government before July 1, 1988.
(b) There is a master plan, planned development, or planned unit development:
(i) that has been approved in writing by a local government before July 1, 1988; or
(ii) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.
(2) However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section.
(3) Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the department division.
(D) Special permits:
(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department division may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the department division orders the removal. However, the use of the property authorized under this provision, in the determination of the department division, must not be detrimental to the public health, safety, or welfare.
(2) The department's division's Permitting Committee is the committee to consider applications for special permits.
(3) In granting a special permit, the committee may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.
(4) A party aggrieved by the committee's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel pursuant to Section 48-39-150(D).
(E) The provisions of this section and Section 48-39-280 do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the federal Rivers and Harbors Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this subsection makes this area ineligible for beach renourishment funds. The baseline determined by the local governing body and the department division is the line of erosion control devices and structures and the department division retains its jurisdiction seaward of the baseline. In addition, upon completion of a department division approved beach renourishment project, including the completion of a sand transfer system if necessary for long-term stabilization, an area under a Section 111 Study becomes subject to all the provisions of this chapter. For the purposes of this section, a beach nourishment project stabilizing the beach exists if a successful restoration project is completed consisting of at least one hundred fifty cubic yards a foot over a length of five and one-half miles, with a project design capable of withstanding a one-in-ten-year storm, as determined by department division, and renourishment is conducted annually at a rate, agreed upon by the department division and local governing body, equivalent to that which would occur naturally if the navigation project causing the erosion did not exist. If the two parties cannot agree, then the department division must obtain the opinion of an independent third party. Any habitable structure located in an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study, which was in existence on September 21, 1989, and was over forty years old on that date and is designated by the local governing body as an historical landmark may be rebuilt seaward of the baseline if it is rebuilt to the exact specifications, dimensions, and exterior appearance of the structure as it existed on that date.
Section 48-39-300. A local governing body, if it notifies the department division before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.
Section 48-39-305. (A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.
(B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.
Section 48-39-310. The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.
Section 48-39-320. (A) The department's division's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:
(a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important habitats such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;
(5) assistance to local governments in developing the local comprehensive beach management plans.
(B) The plan provided for in this section is to be used for planning purposes only and must not be used by the department division to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1.
Section 48-39-330. Thirty days after the initial adoption by the department division of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the department division for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section.
The provisions of this section are regulatory in nature and do not affect the legality of an instrument violating the provisions.
Section 48-39-340. Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the department division.
Section 48-39-345. Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost-sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division Office of the South Carolina Department of Health and Environmental Control Division of Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
Section 48-39-350. (A) The local governments must prepare by July 1, 1991, in coordination with the department division, a local comprehensive beach management plan which must be submitted for approval to the department division. The local comprehensive beach management plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data provided by the department division for each standard erosion zone and inlet erosion zone under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the setback line;
(4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State. The plan must be updated at least every five years in coordination with the department division following its approval. The local governments and the department division must implement the plan by July 1, 1992.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the department division must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the department division in its administrative capacities.
Section 48-39-355. A permit is not required for an activity specifically authorized in this chapter. However, the department division may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.
Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet."
SECTION 76. Section 48-40-20 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"Section 48-40-20. As used in this chapter:
(1) 'Trust fund means the South Carolina Beach Restoration and Improvement Trust Fund.
(2) 'Office' means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control Division of Environmental Control, Department of Environment and Natural Resources.
(3) 'Beach renourishment' means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide, as described in Section 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects."
SECTION 77. Section 48-40-40 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"Section 48-40-40. (A) The trust fund must be funded by annual appropriations from general tax revenues. The appropriated monies must be credited to the trust fund account and maintained separately from the general fund and other funds.
The monies credited to the account may be retained and carried forward, along with all interest earned.
(B) The trust fund must be administered by the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control Division of Environmental Control, Department of Environment and Natural Resources pursuant to this chapter and its regulations governing application, review, ranking, and approval procedures for grants."
SECTION 78. Chapter 43, Title 48 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 48-43-10. Unless the context otherwise requires, the terms defined in this section shall have the following meaning when used in this chapter:
(A) 'Waste' means and includes:
(1) physical waste, as that term is generally understood in the oil and gas industry;
(2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;
(3) the inefficient storing of oil and gas;
(4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;
(5) the production of oil or gas in excess of
(a) transportation or marketing facilities;
(b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or
(c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the Department division;
(6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof.
(B) 'Department division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(C) 'Person' means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof.
(D) 'Oil' means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
(E) 'Gas' means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir.
(F) 'Condensate' means liquid hydrocarbons that were originally in the gaseous phase in the reservoir.
(G) 'Pool' means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool.
(H) 'Field' means the general area underlain by one or more pools.
(I) 'Owner' means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others.
(J) 'Producer' means the owner of a well or wells capable of producing oil or gas or both.
(K) 'Just and Equitable Share of the Production' means, as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool.
(L) 'Developed Area' means a spacing unit on which a well has been completed that is capable of producing oil or gas, or the acreage that is otherwise attributed to a well by the Department division for allowable purposes.
(M) 'Protect Correlative Rights' means that the action or regulation by the Department division should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent.
(N) 'Product' means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not.
(O) 'Illegal Oil' means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the Department division.
(P) 'Illegal Gas' means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the Department division.
(Q) 'Illegal Product' means any product derived in whole or in part from illegal oil or illegal gas.
(R) 'Certificate of Clearance' means a permit prescribed by the Department division for the transportation or the delivery of oil or gas or product.
(S) 'Pollutant' means any emission that significantly derogates the quality of the air, water or land.
(T) 'Pollution' means the act of emitting pollutants into the air or water or onto the land.
(U) 'Royalty owner' means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production.
(V) 'Geothermal resources' mean the resources defined in Section 10-9-310 of the 1976 Code.
(W) 'Sanitary landfill' means a solid waste disposal facility regulated by the Department of Health and Environmental Control division.
(X) 'Board' means board of the Department division.
Section 48-43-20. The waste of oil and gas and the pollution of the water, air or land is prohibited.
Section 48-43-30. (A) This chapter shall apply to all lands however owned, including the submerged lands, both inland and offshore, tidelands and wetlands located within the jurisdictional limits of the State and any lands owned or administered by any government or any agency or political subdivision thereof, over which the State, under its police power has jurisdiction; and to that end the Department division is authorized to:
(1) Prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air and land by oil or gas, and otherwise to administer and enforce this chapter. It has jurisdiction over all persons and property necessary for that purpose. In the event of a conflict, the duty to prevent waste is paramount.
(2) Make such investigations as it deems proper to determine whether action by the Department division in discharging its duties is necessary.
(3) Hire personnel to carry out the purposes of this chapter.
(B) Without limiting its general authority, the Department division shall have specific authority:
(1) to require:
(a) identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas;
(b) the preparing and filing of well logs and samples, directional surveys and reports on well location, drilling and production, provided, however, that the log and samples of an exploratory or wildcat well need not be filed before one year after the completion of the well and upon the filing of the log and samples of such well the Department division shall keep the log and samples and information contained therein confidential for one year from the date of filing if requested by the operator in writing to do so and the Department division may keep the log and samples and information contained therein confidential for an additional year at its discretion if the operator requests in writing that the Department division keep such log and samples and information confidential for an additional year.;
(c) the drilling, casing, operation, and plugging of wells in such manner as to prevent (a) the escape of oil or gas out of one pool into another, (b) the detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations, (c) the pollution of fresh water supplies by oil, gas, or salt water, and (d) blowouts, cavings, seepages, and fire;
(d) the taking of tests of oil or gas wells;
(e) the furnishing by all persons who apply for a drilling permit a reasonable performance bond with good and sufficient surety with the State of South Carolina as beneficiary to indemnify the State from loss or expense resulting from such person's failure to comply with the provisions of this chapter or the rules, regulations or orders of the Department division including the duty to plug each dry or abandoned well and to repair each well causing waste or pollution if repair will prevent waste or pollution; a performance bond may cover more than one drilling operation of the same person provided that the amount of such performance bond is increased to cover the additional well each time an application for a drilling permit is submitted to the Department division by that person.
(f) that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be measured by means and upon standards that may be prescribed by the Department division;
(g) that wells not be operated with inefficient gas-oil or water-oil ratios, to fix these ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios;
(h) certificates of clearance in connection with the transportation or delivery of oil, gas, or product;
(i) the metering or other measuring of oil, gas, or product;
(j) that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this State keep and maintain complete and accurate records of the quantities thereof, which records shall be available for examination by the Department division or its agents at all reasonable times;
(k) the filing of reports or plats with the Department division that it may prescribe;
(l) permits for the onshore and offshore exploration of oil and gas both on public and private lands whether highlands, wetlands or submerged land;
(m) the placing of meters approved by the Department division which shall at all times be under the supervision and control of the Department division wherever the Department division may designate on all pipelines, gathering systems, barge terminals, loading racks, refineries, or other places deemed necessary to prevent the transportation of illegally produced oil and gas;
(n) payment of reasonable fees for all publications, materials, charts, services, and similar items furnished to persons at their request;
(o) that all persons who desire to drill wells for oil or gas obtain a permit from the Department division prior to the commencement of any drilling operations;
(p) that all pipelines placed in the Atlantic Ocean, its harbors, bays, and other bodies of water which are a part of the Atlantic Ocean to transport oil, gas, condensate or product that cross the lands and under waters that are within the territorial jurisdiction of the State of South Carolina be located under the bottom of the Atlantic Ocean, its harbors, bays, and other bodies of water which are a part of the Atlantic Ocean so that the pipelines will not interfere with navigation, fishing, shrimping, and other lawful recreational and commercial activities.
(2) To regulate:
(a) the drilling, testing, completing, stimulating, producing, reworking and plugging of wells, and all other operations associated with the production of oil and gas;
(b) the spacing or locating of wells;
(c) operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water or other substances into a producing formation;
(d) the disposal of salt water and oil-field wastes;
(e) the exploration for oil or gas in the waters and on the lands that are within the jurisdictional limits of the State regardless of ownership;
(f) the transportation of oil and gas, as defined by this chapter and as distinguished by the definitions from product, from whatever source to gathering systems, refineries, and other storage and processing facilities which handle oil and gas;
(g) the commingling of oil and gas produced from wells having different owners or producers and to adopt such rules and regulations applicable to such commingling as may be necessary to protect the rights of the owners, producers, and royalty owners of the wells from which the commingling oil or gas is produced.
(3) To limit the production of oil, gas, or condensate from any field, pool, area, lease, or well, and to allocate production.
(4) To classify and reclassify pools as oil, gas and condensate pools and to classify and reclassify wells as oil, gas or condensate wells.
(5) To promulgate, after hearing and notice as hereinafter provided, such rules and regulations, and issue such orders reasonably necessary to prevent waste and oil discharges from drilling and production platforms, pipelines, gathering systems, processing facilities, storage facilities, refineries, port facilities, tankers, and other facilities and vessels that may be a source of oil spills and to protect correlative rights, to govern the practice and procedure before the board and to fulfill its duties and the purposes of this chapter.
(6) To regulate the exploration, drilling, production, and transportation of methane gas in and related to sanitary landfills. The Department division is authorized to exercise discretion in regulating such activities and may impose any requirement of this chapter as is necessary, in the opinion of the Department division, to prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air, and land by oil and gas. The Department division is further authorized to require any person applying for a drilling permit or otherwise producing methane gas in a sanitary landfill to comply with one of the following requirements for financial responsibility in an amount deemed sufficient by the Department division in its discretion in order to achieve the purpose specified in Section 48-43-30(A)(1):
(i) furnish a bond consistent with the requirements of Section 48-43-30(B)(1)(e); or
(ii) furnish proof of insurance with the State of South Carolina as beneficiary. Before the issuance of drilling permits for methane gas recovery from sanitary landfills, the Department division must certify that the proposed activity is consistent with the Department of Health and Environmental Control division regulations governing the operation, monitoring, and maintenance of the landfills and applicable permit conditions.
Section 48-43-40. (A) No rule, regulation or order, or amendment thereof, except in an emergency, shall be made by the Department division without a public hearing upon at least twenty days' notice, exclusive of the date of service. No permit for the construction of a deep water port shall be granted by the Department division without a public hearing upon at least twenty days' notice, exclusive of the date of service. At least twenty days prior to the invitation for bids for the leasing of state lands for the purpose of oil and gas exploration and production, a public hearing shall be held. The public hearing shall be held at such time and place as may be prescribed by the Department division, and any interested person shall be entitled to be heard.
(B) When an emergency requiring immediate action is found to exist, the Department division may make an emergency order without notice of hearing, which shall be effective when made. No emergency order shall be effective for more than sixty days.
(C) Any notice required by this chapter shall be given by the Department division. Any such notice, at the election of the Department division, may be given by any one or more of the following methods: (a) personal service, (b) publication in one or more issues of a newspaper in general circulation in the state capital or of a newspaper of general circulation in the county where the land affected or some part thereof is situated, or (c) by United States mail addressed, postage prepaid, to the last known mailing address of the person or persons affected. The date of service shall be the date on which service was made in the case of personal service, the date of first publication in the case of notice by publication, and the date of mailing in the case of notice by mail. The notice shall be issued in the name of the State, shall be signed by the chairman, secretary or executive director of the Department division, shall specify the style and number of the proceedings, the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the Department division elect to give notice by personal service, such service may be made by an officer authorized to serve process, or by any agent of the Department division, in the same manner as is provided by law for the service of process in civil action in the courts of the State. Proof of the service by such agent shall be by the affidavit of the agent making personal service.
(D) All rules, regulations and orders made by the Department of Health and Environmental Control division shall be in writing, shall be entered in full and indexed in books to be kept by the Department division for that purpose, and shall be public records open for inspection at all times during office hours. In addition, all rules and regulations shall be filed with the Secretary of State. A copy of any rule, regulation or order, certified by any member of the Department division or the Department division, under its seal, shall be received in evidence in all courts of this State with the same effect as the original.
(E) The Department division may act upon its own motion or upon the application of any interested person. On the filing of an application concerning any matter within the jurisdiction of the Department division that requires a hearing, the Department division shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the application. The Department division shall make its order within thirty days after the conclusion of the hearing.
Section 48-43-50. (A) The board or an Administrative Law Judge shall have the power to conduct hearings, to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation.
(B) Upon failure or refusal on the part of any person to comply with a subpoena issued by the board pursuant to this section, or upon the refusal of any witness to testify as to any matter regarding which he may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the State, upon the application of the board, may issue an order to compel such person to comply with such subpoena, and to attend before the board and produce such records, books, and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
Section 48-43-60. Any person, who is aggrieved and has a direct interest in the subject matter of any final order issued by the board, may appeal such order to the circuit court.
Section 48-43-80. Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
Section 48-43-90. This chapter shall be liberally construed to effect the purposes set forth herein and the Federal Water Pollution Control Act, as amended.
Section 48-43-100. All rules and regulations adopted by the Department of Health and Environmental Control division, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at the time of approval, with any requirement or be in excess of any statute, rule or regulation of the federal government or any department or agency thereof.
Section 48-43-310. The Department division shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the Department division. The Department division may include in the permits such conditions and restrictions as the Department division deems to be desirable or necessary and may charge a reasonable fee for the issuance of the permit.
All monies collected by the Department division pursuant to this section shall be forwarded to the State Treasurer who shall place such monies in an account for the Department division and such monies shall be used by the Department division in carrying out its duties imposed by this chapter.
Section 48-43-315. All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for water supply only.
Section 48-43-320. (A) Whenever the Department division limits the amount of oil that may be produced in the State, the Department division shall allocate the allowable production among the pools on a reasonable basis.
(B) Whenever the Department division limits the total amount of oil, gas, or condensate that may be produced in any pool to an amount less than the amount that the pool could produce if no limitation were imposed, the Department division shall, subject to the reasonable necessities for the prevention of waste, allocate the allowable production among the several wells or producing properties in the pool so that each person entitled thereto will have a reasonable opportunity to produce or to receive a just and equitable share of the production.
(C) In allocating oil allowables to pools, the Department division may consider, but shall not be bound by, nominations of purchasers to purchase from particular pools or groups of pools. The Department division shall allocate the oil allowable from the State in such manner as will prevent undue discrimination among pools that would result from selective buying or nomination by purchasers.
Section 48-43-330. (A) The Department division may, upon application or on its own motion and after a hearing, establish spacing units for each pool.
(B) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the Department division, result in the efficient and economical development of the pool as a whole. The size of the spacing units shall not be smaller than the maximum area that can be efficiently and economically drained by one well; provided, that if, at the time of a hearing to establish spacing units, there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the Department division may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.
(C) Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The Department division may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units. Where spacing units of different sizes or shapes exist in a pool, the Department division shall, if necessary, shall make such adjustment of the allowable production from the well or wells drilled thereon so that each person entitled thereto in each spacing unit will have a reasonable opportunity to produce or receive his just and equitable share of the production.
(D) An order establishing spacing units shall specify the location for the drilling of a well thereon, in accordance with a reasonably uniform spacing pattern, with necessary exceptions for wells drilled or drilling at the time of notice of the hearing to consider spacing. If the Department division finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, or for other good cause shown, the Department division is authorized to make an order permitting the well to be drilled at a location other than that prescribed by such spacing order. In so doing, the Department division shall, if necessary, make such an adjustment of the allowable production from the well drilled thereon so that each person entitled thereto in such spacing unit shall not produce or receive more than his just and equitable share of the production.
(E) An order establishing spacing units for a pool shall cover all lands determined or believed to be underlain by such pool, and may be modified by the Department division from time to time to include additional lands determined to be underlain by such pool or to exclude lands determined not to be underlain by such pool.
(F) An order establishing spacing units may be modified by the Department division to change the size and shape of one or more spacing units, or to permit the drilling of additional wells on a reasonably uniform pattern.
(G) After the date of the notice for a hearing called to establish spacing units, no additional well shall be commenced for production from the pool until the order establishing spacing units has been made, unless the commencement of the well is authorized by order of the Department division.
Section 48-43-340. (A) When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration, the Department division upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The Department division, as a part of the order establishing a spacing unit or units, may prescribe the terms and conditions upon which the interest of the royalty owners in the unit or units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent separate order integrating the interest of the royalty owners. Each such integration order shall be upon terms and conditions that are just and reasonable.
(B) All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of a spacing unit for which an integration order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract or interest in the spacing unit by the several owners thereof. That portion of the production allocated to a separately owned tract or interest included in a spacing unit shall, when produced, be deemed, for all purposes, to have been actually produced from such tract or interest by a well drilled thereon.
(C) Each such integration order shall authorize the drilling, equipping, and operation, or operation, of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate therein; and shall make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. If requested, each such integration order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation, or operation, of a well may elect to surrender his leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration which, if not agreed upon, shall be determined by the Department division, or may elect to participate in the drilling and operation, or operation, of the well, on a limited or carried basis upon terms and conditions determined by the Department division to be just and reasonable. If one or more of the owners shall drill, equip, and operate, or operate, or pay the costs of drilling, equipping, and operating, or operating, a well for the benefit of another person as provided for in an order of integration, then such owner or owners shall be entitled to the share of production from the spacing unit accruing to the interest of such other person, exclusive of a royalty not to exceed one-eighth of the production except in the event that the state is the royalty owner in which case the royalty shall not exceed one-sixth of production until the market value of such other person's share of the production, exclusive of such royalty, equals the sums payable by or charged to the interest of such other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Department division shall determine such costs. In instances where a well is completed prior to the integration of interests in a spacing unit, the sharing of production shall be from the effective date of the integration, except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.
Section 48-43-350. (A) The Department division upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.
(B) The Department division shall make an order providing for the unit operation of a pool or part thereof if it finds that:
(1) such operation is reasonably necessary to increase the ultimate recovery of oil or gas; and
(2) the value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations.
(C) The order shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:
(1) a description of the pool or pools or parts thereof to be so operated, termed the unit area;
(2) a statement of the nature of the operations contemplated;
(3) an allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is not such agreement, the Department division shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area;
(4) a provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operations;
(5) a provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how such costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interests of such owner, may be sold and the proceeds applied to the payment of such costs;
(6) a provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charged for such service payable out of such person's share of the production;
(7) a provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;
(8) the time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and
(9) such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of a correlative rights.
(D) No order of the Department division providing for unit operations shall become effective unless and until the plan for unit operations prescribed by the Department division has been approved in writing by those persons who, under the Department's division's order, will be required to pay at least seventy-five percent of the costs of the unit operation, and also by the owners of at least seventy-five percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, overriding royalties and production payments, and the Department division has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. For purposes of calculating the requisite percentages necessary to effectuate an order of the Department division when unleased acreage is effected by such order, the owner of the acreage shall be considered to be an owner and royalty owner in respective proportions of seven-eighths as owner and one-eighth as royalty owner except in a case when the acreage is owned by the State in which case the proportion shall be five-sixths as owner and one-sixth as royalty owner. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the Department division shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the Department division unless for good cause shown the Department division extends such time.
(E) An order providing for unit operations may be amended by an order made by the Department division in the same manner and subject to the same conditions as an original order providing for unit operations, provided (a) if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners shall not be required, and (b) no such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in such tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract.
(F) The Department division, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the Department division. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
(G) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.
(H) All operations, including, but not limited to, the commencement, drilling or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the Department division providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the Department division.
(I) The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
(J) No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.
(K) Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.
Section 48-43-360. An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the Department division for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the State relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the Department division for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.
Section 48-43-370. (A) The Department division shall require that all persons who desire to drill oil or gas wells obtain a permit for each well proposed to be drilled prior to the commencement of any drilling operations. The drilling of any well is hereby prohibited until a permit is granted by the Department division.
(B) No permit to drill a gas or oil well shall be granted within the corporate limits of any municipality, unless the governing authority of the municipality shall have first duly approved the issuance of such permit by resolution.
(C) No permit to drill a gas or oil well on any beach shall be granted by the Department division.
Section 48-43-380. Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the prevention of forfeiture, such lease shall lapse, the lessee shall, on request in writing by the lessor, with an instrument, duly acknowledged, direct the cancellation of such lease on the records or shall supply the lessor with such instrument.
Any lessee failing or refusing to supply the lessor with such an instrument, or failing or refusing to cancel any lease on the records within thirty days after receiving written demand as above, shall be liable to such lessor for a reasonable attorney's fee incurred by the lessor in bringing suit to have such forfeiture and cancellation adjudged, and in addition thereto shall be liable to the lessor for all damages suffered by the lessor by reason of his inability to make any lease on account of the first lease not having been canceled.
This section shall be construed to apply to all leases for oil or gas heretofore entered into.
Section 48-43-390. (A) The South Carolina State Budget and Control Board, hereinafter referred to as the board, is hereby designated as the state agency with the authority, responsibility and power to lease all state lands to persons for the purpose of drilling for and producing oil and gas. The Department of Health and Environmental Control division is hereby designated as the exclusive agent for the board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to oil and gas leases as may be included herein as responsibilities of the board.
(B) Upon resolution adopted by a majority of the board, the board may lease any of those lands heretofore enumerated if the board finds that the lease of the lands would not be detrimental to the State and its citizens and if the Department division recommends that a lease of the lands be granted. The Governor as chairman of the board shall execute all oil and gas leases. The leases shall be filed in the county in which the land is situated as all other instruments conveying real estate are filed except leases of offshore lands shall be filed in the offices of the Department division as a public record. The Department division shall have the responsibility of administering all such leases for the board.
(C) Any lease executed pursuant to this section shall be for a term of no more than five years unless substantial drilling operations have been commenced on the property in which case the lease shall be extended from year to year so long as substantial drilling operations continue unless the well drilled upon the leased property becomes a producing well, in which case the lease shall be extended from year to year for as long as production continues or the leased property has a known capacity to produce oil or gas and the production has been discontinued with the prior approval of the Department division under such terms as the Department division has prescribed. The leases granted pursuant to this section shall include no more than two thousand five hundred acres (1,000 hectares) but a person is not prohibited from holding a leasehold interest in more than two thousand five hundred acres (1,000 hectares) under two or more leases. The leases shall be granted under such terms and conditions as the board shall deem to be in the best interest of the citizens of the State. However, no lease shall provide for a lesser royalty than one-sixth of the oil and gas produced from the leased property or one-sixth of the monetary value of such oil and gas at the wellhead.
(D) No property shall be leased except by sealed bid. The property shall be leased to the bidder submitting the bid which provides for the highest bonus payment. The bonus payment shall be in addition to any rental payments established by the Department division in the lease agreement and royalties provided for herein.
Any person desiring that a certain tract or tracts of property be submitted for bidding shall nominate such tract or tracts by so informing the Department division in accordance with the procedure for nominating established by the Department division.
If the Department division determines that the tract nominated as provided herein or upon its own motion determines that a tract should be submitted for bidding, it shall invite all interested persons to submit bids for leasing the designated tract. Invitations for bids shall be published in a newspaper of general circulation within the county or counties where the tract proposed to be leased is located and in a newspaper of statewide circulation, at least twenty-five days before the final date for submitting bids. Invitations for bids shall also be mailed twenty-five days before the final date of submitting bids to the last known address of all persons who have filed a statement in accordance with the procedure established by the Department division indicating a desire to bid upon tracts put up for leasing. The invitation to bids shall contain:
(1) a description, location and approximate acreage of the tract to be leased;
(2) the address to which the bids are to be submitted;
(3) the time and place at which the bids will be opened;
(4) the date and time by which the bids must be received;
(5) any special provisions of the lease or special rules and regulations promulgated by the Department division for the tract to be leased; and
(6) any other matters that the Department division may deem pertinent.
The bids shall be opened publicly at the time and date prescribed by the Department division in the offices of the Department division by the person designated by the Department division to open bids. The Department division shall furnish to persons who request a copy of the lease agreement for the tract submitted for bidding. The lease of any tract shall be granted to the highest responsible bidder but the Department division and the board may reject all bids when it determines that the public interest will be served thereby. The Department division and the board must accept the most advantageous offer or reject all bids within twenty days from the date the bids were opened.
(E) All monies collected by the Department division and the board as bonuses, rental payments or royalties shall be deposited with the State Treasurer in a special account and expended as the General Assembly may direct.
(F) Prior to the mailing and publication of invitations to bid, the Department division shall advise the appropriate State agencies by notice of the tract proposed to be submitted for bidding. The agencies wishing to comment on the desirability of leasing such tract shall do so within thirty days following receipt of the notice.
The Department division shall consider the comments of the agencies in determining the advisability of leasing the tract. If the Department division determines to lease the tract on which it has received unfavorable comment from the agencies, the Department division and board shall require such special provisions in the lease agreement and promulgate such rules and regulations for each individual tract that is leased as may be necessary to safeguard against particular hazards or detrimental effects that may result from drilling oil or gas wells and the production of oil or gas on the tract.
In considering the special provisions, rules and regulations needed for a specific tract, the Department division and board shall specifically include such provisions, rules and regulations shown by the commenting agency to be necessary (1) for the protection of the environment, (2) to minimize the detriment to aesthetics, (3) for the protection of the property rights of other persons and the public, (4) to avoid obstructing navigable streams, (5) to prevent interference with recreation, (6) to protect the public beaches, and (7) to maintain the quality of underground water.
The construction of drilling platforms in the Atlantic Ocean is permitted except that such drilling platforms shall not be located within one mile (1.6 kilometers) of the mean high water mark of any beach within the territorial jurisdiction of the State of South Carolina.
(G) The Department division is authorized to promulgate such rules and regulations as may be necessary to fulfill its duties set forth in this section and implement the provisions and purposes of this section.
(H)(a) Any person as defined herein who intends to construct a deep water port facility within the territorial jurisdiction of the State of South Carolina for the purpose of loading or unloading oil, gas or other products as defined by this chapter shall apply for and obtain a permit to construct such facility from the Department division prior to the commencement of construction.
(b) The Department division shall promulgate such rules and regulations to govern the construction of deep water port facilities as may be necessary (1) for the protection of the environment, (2) to minimize the detriment to aesthetics, (3) for the protection of the property rights of other persons and the public, (4) for the protection of the rights of the fishing industry, (5) for the protection of the recreational activities of the public, (6) to avoid obstructing shipping channels, (7) to protect the public beaches, and (8) in general, to protect the public interest and rights of the state and its industries. In promulgating such rules and regulations, the Department division shall take into consideration the comments of other state agencies concerning the potential hazards present in constructing deep water port facilities and shall follow the procedure set forth in Section 48-39-390(F) in soliciting and receiving the comments from such state agencies.
Section 48-43-510. When used in this article unless the context clearly requires otherwise:
(1) 'Department division' means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(2) 'Director' means the director of the Department division.
(3) 'Barrel' means 42 U. S. gallons at 60° Fahrenheit.
(4) 'Other measurements' means measurements set by the Department division for products transferred at terminals which are other than fluid or which are not commonly measured by the barrel.
(5) 'Discharge' shall include, but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State.
(6) 'Pollutants' shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof.
(7) 'Pollution' means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(8) 'Terminal facility' means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship-to-ship transfer of pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility. For the purposes of this article 'terminal facility' shall not be construed to include waterfront facilities owned and operated by governmental entities acting as agents of public convenience for operators engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of, pollutants; however, each operator engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of pollutants through a waterfront facility owned and operated by such governmental entity shall be construed as a terminal facility.
(9) 'Owner' means any person owning a terminal facility; 'operator' means any person operating a terminal facility, whether by lease, contract, or other form of agreement.
(10) 'Transfer' or 'transferred' includes onloading or offloading between terminal facility and vessel, vessel and vessel, or terminal facility and terminal facility.
(11) 'Vessel' includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs.
(12) 'Discharge cleanup organization' means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities.
(13)'Board' means the Department of Health and Environmental Control Board of the Department of Environment and Natural Resources.
(14) 'Person' means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity.
(15) 'Registrant' is a terminal facility required to possess a valid registration certificate to operate as a terminal facility.
Section 48-43-520. (1) The General Assembly finds and declares that the highest and best use of the seacoast of the State is as a source of public and private recreation.
(2) The General Assembly further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.
(3) Furthermore it finds and declares that:
(a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the State and state waters is a hazardous undertaking;
(b) spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the State, to owners and users of shore front property, to public and private recreation, to citizens of the State and other interests deriving livelihood from marine-related activities, and to the beauty of the coast;
(c) such hazards have frequently occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as herein set forth; and
(d) such state interests outweigh any economic burdens imposed upon those engaged in transferring pollutants and related activities.
(4) The General Assembly intends by the enactment of this article to exercise the police power of the State by conferring upon the Department of Health and Environmental Control division power to:
(a) deal with the hazards and threats of danger and damage posed by such transfers and related activities;
(b) require the prompt containment and removal of pollution occasioned thereby; and
(5) The General Assembly further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the State in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state's interest in such preservation outweighs any burdens of liability imposed herein upon those engaged in transferring pollutants and related activities.
(6) The General Assembly further declares that it is the intent of this article to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.
Section 48-43-530. (1) The powers and duties conferred by this article shall be exercised by the Department division and shall be deemed to be an essential governmental function in the exercise of the police power of the State. The Department division may call upon any other state agency for consultative services and technical advice and the agencies are directed to cooperate with the Department division.
(2) Registration certificates required under this article shall be issued by the Department division subject to such terms and conditions as are set forth in this article and as set forth in rules and regulations promulgated by the Department division as authorized herein.
(3) Whenever it becomes necessary for the State to protect the public interests under this article it shall be the duty of the Department division to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the person responsible or from the Government of the United States under any applicable federal act.
(4) The Department division may bring an action on behalf of the State to enforce the liabilities imposed by this article. The Attorney General shall represent the Department division in any such proceeding.
Section 48-43-540. (1) No person shall operate or cause to be operated a terminal facility as defined in Section 48-43-510(8) without a registration certificate.
(2) Registration certificates shall be issued on a five-year basis and shall expire on December thirty-first of the fifth year, such certificates shall be subject to such terms and conditions as the Department division may determine are necessary to carry out the purposes of this article.
(3) As a condition precedent to the issuance or renewal of a registration certificate, the Department division shall require satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for prevention, control and abatement of pollution when a discharge occurs.
(4) Registration certificates issued to any terminal facility shall include vessels used to transport pollutants between the facility and vessels within state waters.
(5) The Department division shall require, in connection with the issuance of a terminal facility registration certificate, the payment of a reasonable fee for processing applications for registration certificates.
The fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining the certificates and reasonable inspections; however, the fee shall not exceed two hundred fifty dollars per terminal facility per year.
(6) No later than January 1, 1978, every owner or operator of a terminal facility shall obtain a registration certificate. The Department division shall issue a registration certificate upon the showing that the registrant can provide all required equipment to prevent, contain, and remove discharges of pollutants or is a member of a Discharge Cleanup Organization.
(7) On or after a date to be determined by the Department division, but in no case later than January 1, 1978, no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the Department division. Registration certificates shall be valid for five years; provided however, they shall be subject to annual inspection.
Each applicant for a terminal facility registration certificate shall pay the registration certificate application fee and shall submit information, in a form satisfactory to the Department division, describing the following:
(a) The barrel or other measurement capacity of the terminal facility.
(b) All prevention, containment, and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices to which the facility has access, whether through direct ownership or by contract or membership an approved discharge cleanup organization.
(c) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs.
(8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of the registration certificate application fee, the applicant shall be issued a registration certificate covering the terminal facility and related appurtenances, including vessels as defined in Section 48-43-510(11).
Section 48-43-550. The Department division shall from time to time adopt, amend, repeal, and enforce reasonable regulations relating to the cleanup and removal of discharges of pollutants into the waters or onto the coasts of this State.
Such regulations shall include, but not be limited to:
(a) Operation and inspection requirements for terminal facilities, vessels, and other matters relating to certification under this article but shall not require vessels to maintain spill prevention gear, holding tanks of any kind, and containment gear in excess of federal requirements.
(b) Procedures and methods of reporting discharges and other occurrences prohibited by this article.
(c) Procedures, methods, means, and equipment to be used by persons subject to regulation by this article on the removal of pollutants.
(d) Development and implementation of criteria and plans to meet pollution occurrences of various degrees and kinds.
(e) Creation by contract or administrative action of a state response team which shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup operations. The state plans shall include detailed emergency operating procedures for the State as a whole and the team shall from time to time conduct practice alerts. These plans shall be filed with the Governor and all Coast Guard stations in the State and Coast Guard captains of the port having responsibility for enforcement of federal pollution laws within the State, on or before January 1, 1978. The contingency plan shall include all necessary information for the total containment and cleanup of pollution, including, but not limited to, an inventory of equipment and its location, a table of organization with the names, addresses, and telephone numbers of all persons responsible for implementing every phase of the plan, a list of available sources of supplies necessary for cleanup, and a designation of priority zones to determine the sequence and methods of cleanup. The state response team shall act independently of agencies of the federal government but is directed to cooperate with any federal cleanup operation.
(f) Requirements that, before being granted entry into any port in this State, the master of a vessel shall report:
(1) discharges of pollutants the vessel has had since leaving the last port;
(2) mechanical problems on the vessel which creates the possibility of a discharge;
(3) denial of entry into a port during the current cruise of the vessel.
A person who makes or causes to be made a false statement with a fraudulent intent in response to requirements of any provision of this article is guilty of a misdemeanor and, upon conviction, must be imprisoned two years or fined five thousand dollars, or both.
(g) Requirements that any registrant causing or permitting the discharge of a pollutant in violation of the provisions of this article and at other reasonable times, be subject to a complete and thorough inspection. If the Department division determines there are unsatisfactory preventive measures or containment and cleanup capabilities, it shall, a reasonable time after notice and hearing, it shall suspend the registration until such time as there is compliance with the Department division requirements.
(h) Such other rules and regulations as the exigencies of any condition may require or as may reasonably be necessary to carry out the intent of this article.
Section 48-43-560. (1) Any person discharging pollutants in violation of this article shall immediately undertake to contain remove, and abate the discharge to the Department's division's satisfaction. Notwithstanding the above requirement, the Department division may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department division.
(2) If the person causing a discharge, or the person in charge of facilities at which a discharge has taken place, fails to act, the Department division may arrange for the removal of the pollutant, except that if the pollutant was discharged into or upon the navigable waters of the United States, the Department division shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the Department division shall be paid in accordance with the applicable provisions of the law. Federal funds provided under this act shall be used to the maximum extent possible prior to the expenditure of state funds.
(3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department division or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department division or its designee, shall be construed as an admission of liability for the discharge.
(4) No person who, voluntarily or at the request of the Department division or its designee, renders assistance in containing or removing pollutants shall be liable for any civil damages to third parties resulting solely from acts or omissions or such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.
(5) Nothing in this article shall affect in any way the right of any person who renders assistance in containing or removing pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutants.
Section 48-43-570. (a) The Department of Transportation, the Department Division of Natural Resources, and any other agency of this State, shall cooperate with and lend assistance to the Department of Health and Environmental Control division by assigning, upon request, personnel, equipment, and material to be utilized in any project or activity related to the containment, collection, dispersal, or removal of oil discharged upon the land or into the waters of this State.
(b) Subsequent to July 1, 1977, and prior to September 1, 1977, designated representatives of the Department division, the Department of Transportation, and the Department Division of Natural Resources, and any other agency or agencies of the State which the Department division shall deem necessary and appropriate, shall confer and establish plans and procedures for the assignment and utilization of personnel, equipment and material to be used in carrying out the purposes of this article.
(c) Every state agency participating in the containment, collection, dispersal, or removal of an oil discharge or in restoration necessitated by such discharge, shall keep a record of all expenses incurred in carrying out any such project or activity including the actual services performed by the agency's personnel and the use of the agency's equipment and material. A copy of all records shall be delivered to the Department division upon completion of the project or activity.
Section 48-43-580. It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged, pollutants into or upon any waters, tidal flats, beaches, or lands within this State or into any sewer, surface water drain, or other waters that drain into the waters of this State, regardless of the fault of the person having control over the pollutants or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.
This section shall not apply to discharges of pollutants in the following circumstances:
(1) When the discharge was authorized by an existing regulation of the Department division.
(2) When any person subject to liability under this article proves that a discharge was caused by any of the following:
(a) an act of God.;
(b) an Act of war or sabotage.;
(c) negligence on the part of the United States government or the State or its political subdivisions.;
(d) an act or omission of a third party, whether any such act or omission was or was not negligent; provided, however, nothing herein shall be construed as limiting the liability of such third party.;
(e) any act or omission by or at the direction of a law enforcement officer or fireman.
Any person who desires or proposes to discharge oil into the land or into the waters of the State shall first make application for and secure a permit from the Department division. Application shall be made under such terms and conditions adopted by the Department division. Any permit granted pursuant to this section may contain such terms and conditions as the Department division shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein.
Section 48-43-590. All persons operating or owning terminal facilities, within the territorial jurisdiction of the State shall furnish, under such conditions as may be prescribed from time to time by the Department division, evidence of financial responsibility of fourteen million dollars to meet any and all liabilities to all persons caused by the operations of any such terminal facilities. Evidence of financial responsibility may be established by an insurance or surety bond issued by an insurance or bonding company authorized to do business in the State, qualifications of a self-insurer or other evidence of financial responsibility acceptable to the Department division. This provision shall not be construed as limiting the liability of any person operating or owning terminal facilities.
Section 48-43-600. Any person claiming to have suffered damage as a result of an unlawful discharge under Section 48-43-580 may file a claim pursuant to the Administrative Procedures Act.
Section 48-43-610. (1) It is unlawful for any person to violate any provision of this article or any rule, regulation of the Department division, or order of the Department division made pursuant to this article. Except as otherwise provided, a violation shall be punishable by a civil penalty of up to ten thousand dollars per violation per day to be assessed by the Department division. Each day during any portion of which the violation occurs constitutes a separate offense.
(2) Penalties assessed herein for a discharge shall be the only penalties assessed by the State, and the assessed person or persons, shall be excused from paying any other penalty for water pollution for the same occurrence.
(3) The penalty provisions of this section shall not apply to any discharge promptly reported and removed by a registrant or vessel in accordance with the rules, regulations and orders of the Department division.
Section 48-43-620. The Department division shall submit to each regular session of the legislature a proposed budget for carrying out its responsibilities under this article and shall also account for all funds appropriated by the legislature for carrying out its responsibilities under this article for the previous year.
Section 48-43-810. It shall be unlawful for any person to:
(a) willfully violate any provision of this chapter, or any rule, regulation or order of the Department division;
(b) commence operations for the drilling of a well for oil or gas without first obtaining a permit from the Department division, under such rules and regulations as may be prescribed by the Department division;
(c) do any of the following for the purpose of evading or violating this chapter, or any rule, regulation or order of the Department division; make any false entry or statement in a report required by this chapter or by any rule, regulation of the Department division or order of the Department division; make or cause to be made any false entry in any record, account, or memorandum, required by this chapter, or by any such rule, regulation or order; omit, or cause to be omitted, from any such record, account, or memorandum full, true and correct entries as required by this chapter, or by any such rule, regulation, or order; or remove from this State or destroy, mutilate, alter, or falsify any such record, account or memorandum;
(d) refuse to attach or install a meter as prescribed by the Department division pursuant to Section 48-43-30B(1)(m) herein when ordered to do so by the Department division or in any way to tamper with such meter so as to produce a false or inaccurate reading, or to have any bypass at such a place where the oil or gas can be passed around;
(e) permit through negligence or willfulness any gas or oil well to go wild or to get out of control.
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.
Section 48-43-820. (A) Any person who violates any provision of this chapter, or any rule, regulation or order of the Department division, shall also be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day that such violation continues.
(B) Any person who negligently or willfully permits an oil or gas well to go wild or to get out of control, to cause pollution or waste, or to create other conditions that are detrimental to the property rights of others or the public shall be liable to the Department division for the expense incurred in correcting the detrimental conditions and the civil penalties imposed by Section 48-43-820A and the Department division is hereby authorized to take whatever action it deems necessary, including operation of the well, to correct the detrimental conditions and charge the owner or producer, or both, of the well for the expenses incurred.
(C) The penalties and liabilities provided in this section shall be recoverable by civil suit filed by the Attorney General in the name and on behalf of the Department division in the court of common pleas of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the court of common pleas of any county in which the violation occurred. The payment of any such penalty shall not operate to legalize any illegal oil, illegal gas or illegal product involved in the violation for which the penalty is imposed or relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
(D) In addition to any civil and criminal penalties imposed by this chapter, any person who violates any provisions of this chapter, or rules, regulations and orders of the Department division, shall be liable to all third parties who may incur damage or injury because of such violations.
Section 48-43-830. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation of the Department division or order of the Department division, shall be subject to the same punishment and penalty prescribed by this chapter for the violation by such other person.
Section 48-43-840. (A) The sale, purchase, acquisition, transportation, refining, processing, or handling of illegal oil, illegal gas or illegal product is hereby prohibited. However, no penalty by way of fine shall be imposed upon a person who sells, purchases, acquires, transports, refines, processes, or handles illegal oil, illegal gas or illegal product unless (1) such person knows, or is put on notice of, facts indicating that illegal oil, illegal gas, or illegal product is involved, or (2) such person fails to obtain a certificate of clearance with respect to such oil, gas, or product if prescribed by an order of the Department division, or fails to follow any other method prescribed by an order of the Department division for the identification of such oil, gas, or product.
(B) Illegal oil, illegal gas, and illegal product are declared to be contraband and are subject to seizure and sale as herein provided. Seizure and sale shall be in addition to any and all other remedies and penalties provided in this chapter for violations relating to illegal oil, illegal gas, or illegal product. Whenever the Department division believes that any oil, gas, or product is illegal, the Department division, acting by the Attorney General, shall bring a civil action in rem in the court of common pleas of the county where such oil, gas, or product is found, to seize and sell the same, or the Department division may include such an action in rem in any suit brought for an injunction or penalty involving illegal oil, illegal gas, or illegal product. Any person claiming an interest in oil, gas, or product affected by such action in rem shall have the right to intervene as an interested party in such action.
(C) Actions for seizure and sale of illegal oil, illegal gas, or illegal product shall be strictly in rem, and shall proceed in the name of the state as plaintiff against the oil, gas, or product as defendant. No bond or similar undertaking shall be required of the plaintiff. The action for seizure and sale shall be commenced in the court of common pleas for the county in which the oil, gas, or product is situated by a summons and complaint which shall be verified or supported by affidavits. When the verified complaint or complaint and supporting affidavits set forth sufficient facts to support the seizure and sale of the illegal oil, illegal gas, or illegal products, the clerk of court of the county in which such oil, gas or product is situated or the judge of the judicial circuit which has jurisdiction to hear matters arising in the county shall issue a warrant directed to the sheriff of the county for service upon any and all persons having or claiming any interest in the oil, gas or product described in the complaint. The warrant shall direct the sheriff to take such oil, gas, or product into his custody until such time as the court has heard the action on its merits and the matter has been fully adjudicated. The original summons and complaint and warrant shall be filed with the clerk of court for the county by the plaintiff with the sheriff's affidavit of service attached when service has been accomplished in the manner set forth herein by the sheriff. All persons having or claiming any interest in the oil, gas, or product described in the complaint must appear and answer the complaint within twenty days after the service of such summons and complaint. Service of the summons and complaint and warrant by posting copies on the door of the courthouse for the county in which the oil, gas, or product described in the complaint is situated, by posting copies in the immediate vicinity of the place where such oil, gas, or product is located and by publishing the summons and complaint and warrant in any newspaper of general circulation in the county in which such oil, gas, or product is located in four consecutive issues of the newspaper shall constitute valid and sufficient service on all persons having or claiming any interest in the such oil, gas, or product.
Any person who fails to appear and answer the complaint within twenty days after service of the summons and complaint and warrant shall be forever barred by any judgment obtained by the plaintiff. The service of the summons and complaint and warrant as provided herein shall place the State in constructive or actual possession, as the case may be, of the oil, gas, or product.
(D) Any person having an interest in any oil, gas, or product which has been seized in accordance with the provisions of Section C subsection (C) may, prior to the sale thereof, obtain the release thereof, upon furnishing bond to the sheriff, approved by the clerk of court, in an amount equal to one hundred and fifty percent of the market value of the oil, gas, or product to be released pending a final adjudication of the action on its merits.
(E) If the court, after a hearing upon the complaint for the seizure and sale of oil, gas, or product, finds that such oil, gas, or product is contraband, the court shall order the sale thereof by the sheriff in the same manner and upon the same notice of sale as provided by law for the sale of personal property on execution of judgment entered in a civil action, except that the court may order that the oil, gas, or product be sold in specified lots or portions and at specified intervals. Upon such sale, title to the oil, gas, or product sold shall vest in the purchaser free of the claims of any and all persons having any title thereto or interest therein at or prior to the seizure thereof, and the same shall be legal oil, legal gas, or legal products, as the case may be, in the hands of the purchaser.
(F) All proceeds derived from the sale of illegal oil, illegal gas, or illegal product, as above provided, after payment of costs of suit and expenses incident to the sale and all amounts paid as penalties provided for by this chapter, shall be paid into the State Treasury for the use of the Department division in defraying its expenses in the same manner as other funds provided by law for the use of the Department division.
Section 48-43-850. Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation of the Department division or order of the Department division, the Attorney General may, at the request of the Department division, bring suit in the name of the Department division against such persons in the court of common pleas of the county where the violation occurs or is threatened, or in the county in which the defendant resides or in which any defendant resides if there is more than one defendant, to restrain such person from continuing such violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions."
SECTION 79. Section 48-46-30 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:
"Section 48-46-30. As used in this chapter, unless the context clearly requires a different construction:
(1) 'Allowable costs' means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations.
(2) 'Atlantic Compact' means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the 'Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985', Public Law 99-240, Title II. Use of the term 'Atlantic Compact' does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact.
(3) 'Atlantic Compact Commission' or 'compact commission' means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina.
(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), 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.
(6) 'Disposal rates' means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components.
(7) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environment Control Division of Environmental Control, Department of Environment and Natural Resources and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(8) 'Facility operator' means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina.
(9) 'Generator' means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste.
(10) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environment Control Division of Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
(11) 'Nonregional generator' means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(12) 'Nonregional waste' means waste produced by a nonregional generator.
(13) 'Person' means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states.
(14) 'Price schedule' means disposal rates.
(15) 'PSC' means the South Carolina Public Service Commission.
(16) 'Receipts' means the total amount of money collected by the site operator for waste disposal over a given period of time.
(17) 'Regional disposal facility' means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility.
(18) 'Regional generator' means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(19) 'Regional waste' means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environment Control Division of Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste.
(20) 'Site operator' means a facility operator.
(21) 'South Carolina generator' means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal.
(22) 'Waste' means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environment Control Division of Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility."
SECTION 80. Section 48-46-40(7)(a) of the 1976 code, as last amended by Act 357 of 2002, is further amended to read:
"(a) If the board, upon the advice of the compact commission or the site operator, concludes based on information provided to the board, 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 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 Division of Environmental Control with respect to safety and environmental protection."
SECTION 81. Section 48-46-40(9) of the 19976 Code, as last amended by Act 357 of 2000, is further amended to read:
"(9) In all proceedings held pursuant to this section, the board 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 Division of 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 division. 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."
SECTION 82. Section 48-46-50(A) of the 1976 Code, as last amended by Act 357 of 2000, is further 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 Division of Environmental Control, the board, 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 83. Section 48-46-80 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:
"Section 48-46-80. Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control Division of Environmental Control may adjust the radioactive materials license fee for Low-Level Radioactive Waste Shallow Land Disposal in Regulation 61-30 in an amount that will offset changes to its annual operating budget caused by projected increases or decreases in the number of permittees expected to pay fees for Radioactive Waste Transport Permits under the same regulation for shipment of low-level radioactive waste for disposal within the State."
SECTION 84. Section 48-46-90 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:
"Section 48-46-90. (A) In accordance with Section 13-7-30, the board, 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 Division of Environmental Control is responsible for continued site monitoring.
(B) Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and Environmental Control Division of Environmental Control to regulate activities involving radioactive materials and radioactive wastes."
SECTION 85. Section 48-55-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-55-10. (A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following:
(1) South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources by its commissioner director;
(2) State Commission Head of the Division of Forestry by its chairman;
(3) South Carolina Sea Grant Consortium by its executive director;
(4) Water Resources Division Office of the Department Division of Natural Resources by the department's division's director;
(5) Wildlife and Freshwater Fish Division Office of the Department Division of Natural Resources by the department's division's director;
(6) Land Resources and Conservation Districts Division of the Department Division of Natural Resources by the department's division's director; and
(7) Coastal Division Office of the Department of Health and Environmental Control Division of Environmental Control by the department's division's director;
(8) Marine Resources Division Office of the Department Division of Natural Resources by the department's division's director.
(B) The committee shall elect from its members a chairman and a secretary. Each department division or commission shall provide for the expenses of its members, except collective expenses must be shared by the departments divisions and the commissions. Members are not eligible for mileage or per diem."
SECTION 86. Chapter 56, Title 48 of the 1976 Code, as last amended by Act 318 of 2002, is further amended to read:
Section 48-56-10. It is the purpose of this chapter to:
(1) create a voluntary pilot program by which the department division may enter into not more than ten cooperative agreements with eligible participants to test and evaluate innovative environmental approaches to achieve superior environmental performance that are not otherwise authorized under existing South Carolina environmental law;
(2) encourage public participation and consensus among interested persons in the development of innovative environmental approaches and in monitoring the environmental performance of participants in the pilot program;
(3) determine whether innovative environmental approaches implemented through the pilot program result in environmental benefits such that changes in existing South Carolina law to allow these approaches are warranted;
(4) ensure that participants in the pilot program are of the highest caliber in environmental leadership and that innovative environmental approaches included in the cooperative agreements as well as any other environmental requirements applicable to the participants will be fully met.
Section 48-56-20. As used in this chapter:
(1) 'Approval' means a permit, license, or other approval issued by the department division under South Carolina environmental law.
(2) 'Cooperative agreement' means an agreement entered into under Section 48-56-30.
(3) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(4) 'Environmental management system' means an organized set of procedures implemented by the owner or operator of a facility that is based on standards issued by the International Organization for Standardization or an alternative management system or program that is acceptable to the South Carolina Environmental Excellence Program and the department division and is designed to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.
(5) 'Facility' means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law.
(6) 'Innovative environmental approaches' means procedures, practices, technologies, or systems that are designed to achieve superior environmental performance when applied by doing one or more of the following:
(a) achieving emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements;
(b) providing for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department division or the participant and providing the information needed to ensure compliance with the cooperative agreement and other applicable provisions of South Carolina environmental law; or
(c) achieving natural resource conservation or reductions in the use of natural resources or energy consumption.
(7) 'Interested person' means a person or a representative of a person who, due to his proximity to a facility, is or may be affected by the activities at the facility that is covered or proposed to be covered by a cooperative agreement.
(8) 'Performance evaluation' means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental operations of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of South Carolina environmental law for which a participant has not been granted a variance.
(9) 'Person' means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(10) 'Pollution' means:
(a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration:
(i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded;
(ii) which is or tends to be injurious to human health or welfare;
(iii) which damages property, plant, animal or marine life or use of property; or
(b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(11) 'South Carolina Environmental Excellence Program' means a voluntary program in which facilities are selected for membership based upon their demonstrated commitment to continuous environmental improvement through the use of environmental management systems to achieve pollution prevention and energy and natural resource conservation.
(12) 'South Carolina environmental law' means all state and federal environmental laws and regulations that the department division is authorized to administer and enforce.
(13) 'Violation' means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance.
Section 48-56-30. The department division is authorized to administer a pilot program under which it may enter into not more than ten cooperative agreements with eligible participants to implement and evaluate the use of innovative environmental approaches. The cooperative agreement shall:
(1) identify the facility, the activities, and the pollutants that are covered by the cooperative agreement;
(2) specify any approvals and provisions of approvals that are replaced by the cooperative agreement;
(3) commit the participant to implement an environmental management system at the covered facility and commit the participant to document performance under the environmental management system;
(4) commit the participant to demonstrated superior environmental performance that exceeds requirements of South Carolina environmental law, to achieve measurable or noticeable improvements in its environmental operations, to reduce natural resource or energy consumption, and to reduce waste generation;
(5) specify waste reduction goals in measurable and verifiable terms;
(6) identify changes in raw materials, approaches of production, distribution or uses of products or in the reuse, recycling, or disposal of materials that the participant will implement to achieve process efficiencies, to reduce the pollution of the air, water, and land and to reduce the use of energy or natural resources or indoor chemical exposure;
(7) contain pollution limits that are measurable, verifiable, enforceable, and at least as stringent as the pollution limits under South Carolina environmental law;
(8) describe the innovative environmental approaches and any variances granted to the participant;
(9) list the requirements that would be included in any approvals that are replaced by the cooperative agreement;
(10) require the participant to submit a performance evaluation within 180 days of the date that the cooperative agreement is effective and to periodically update the performance evaluation as specified in the cooperative agreement;
(11) require the participant to report any violations discovered during a performance evaluation as required in Section 48-56-130;
(12) ensure that members of the interested persons group, established as required under Section 44-56-60, have the opportunity to review and comment on the participant's draft cooperative agreement and the participant's performance under the cooperative agreement;
(13) require the participant to provide information to the interested persons group and to the public about the participant's environmental performance and the results of the project, including environmental, social, and economic impacts and to meet with the interested persons group at least once every 6 months to discuss the implementation of the participant's cooperative agreement and to receive comments on the progress of the project;
(14) require the participant to assess the success of the project in reducing the time and money spent by the participant on paperwork and other administrative activities that do not directly benefit the environment;
(15) specify that the term of the agreement is up to 5 years with the possibility of one renewal for up to 5 years.
Section 48-56-40. Participation in the pilot program is limited to facilities that are members or are eligible to be members of the South Carolina Environmental Excellence Program and that are issued at least one approval under South Carolina environmental law.
Section 48-56-50. The department division may grant a participant a variance from a requirement in South Carolina environmental law that would otherwise apply to a facility covered by a cooperative agreement if the variance does one or more of the following:
(1) achieves measurable emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements through the use of innovative environmental approaches;
(2) provides for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department division or the participant and that provides the information needed to ensure compliance with the cooperative agreement and the provisions of South Carolina environmental law for which the cooperative agreement does not grant a variance; or
(3) achieves natural resource conservation or reductions in the use of natural resources or energy consumption.
Section 48-56-60. Applications submitted for participation in the program must include a draft cooperative agreement that satisfies Section 48-56-30. An applicant must establish an interested persons group that includes residents of the area in which the facility proposed to be covered by the agreement is located and the application must include a description of the process used by the applicant to the group. The application must also include a list of members of the interested persons group, and any other interested person who has requested notification.
Section 48-56-70. (A) The department division shall review each application submitted under Section 48-56-60. Upon completion of the review, the department division shall decide whether to enter into negotiations with the applicant to finalize the cooperative agreement. If the application involves federal environmental law and regulations that the department division is authorized to administer and enforce, the department division shall consult with the U.S. Environmental Protection Agency to ensure that any action taken on the application is consistent with the department's division's federal program delegation, authorization, or approvals.
(B) Participation is at the discretion of the department division, and any decision to reject an initial application or a draft cooperative agreement is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
(C) The department division may terminate negotiations with an applicant concerning a draft cooperative agreement and the decision to terminate negotiations is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
(D) The department division may not enter into an initial cooperative agreement after the first day of the 60th month beginning after the effective date of this act.
(E) At least six months before the expiration of the initial cooperative agreement, the participant shall notify the department division of whether or not it wishes to renew the cooperative agreement. A cooperative agreement may be renewed one time for a period of up to five years. If the participant wishes to renew the cooperative agreement, it shall include with the notification any requests for changes to the initial agreement.
(F) If the participant or the department division decides not to renew the cooperative agreement, the participant shall submit at least three months before the expiration of the initial cooperative agreement an application for any approvals needed to replace the terms of the agreement and any information requested by the department division. If the department division does not issue the approvals before the expiration of the cooperative agreement, the agreement remains in effect until the approvals are issued by the department division.
Section 48-56-80. (A) The department division may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law.
(B) The department division may revoke a cooperative agreement at the request of the participant.
(C) The department division may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant:
(1) is not in compliance with the cooperative agreement;
(2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance;
(3) has refused the department's division's request to amend the cooperative agreement;
(4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement;
(5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department division.
(D) If the department division revokes a cooperative agreement, it shall include in a written revocation decision:
(1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement;
(2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department division issues the final approvals;
(3) any requirements of the cooperative agreement for which the department division does not establish interim requirements remains in effect until the department division issues the final approvals.
(E) A final decision under subsection (C) is subject to review under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
Section 48-56-90. (A) The department division shall provide at least 30 days for public comment on the proposed issuance or revocation of a cooperative agreement and in other instances as the department division deems appropriate.
(B) The department division shall prepare a public notice of a proposed action under subsection (A) that:
(1) briefly describes the facility that is the subject of the proposed action;
(2) identifies the proposed action and states whether any variances would be granted under Section 48-56-50 by the proposed action;
(3) identifies an employee of the department division and an employee of the applicant or participant who may be contacted for additional information about the proposed action;
(4) states that the draft of the proposed action is available upon request;
(5) states that comments concerning the proposed action may be submitted to the department division during the comment period and states the last date of the comment period.
(C) Before the start of the public comment period, the department division shall provide the public notice under subsection (B) to the applicant or participant, the federal Environmental Protection Agency, the members of the interested persons group established under Section 48-56-60 and all persons who have asked to receive notice of proposed actions under subsection (A). The department division shall mail the public notice to any other person upon request. The department division shall make a copy of the public notice available at the department's division's main office and at the environmental quality control district office where the facility subject to the proposed action is located. The applicant shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers, and by any other approaches that the department division determines are effective.
(D) The department division shall hold a public informational forum on a proposed action if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
Section 48-56-100. (A) A cooperative agreement has the same force and effect as any approvals identified as being replaced by the cooperative agreement. A provision of an approval that is identified under Section 48-56-20 as being replaced by the cooperative agreement is superseded by the cooperative agreement from the effective date of the initial or renewed agreement until it is amended, revoked, or expired.
(B) Notwithstanding any other provision of this chapter, no agreement entered into by the department division may allow a participant to cause an unauthorized release or discharge in violation of South Carolina environmental laws.
Section 48-56-110. A participant shall pay the same fees required under South Carolina environmental law that it would be required to pay if it had not entered into a cooperative agreement.
Section 48-56-120. (A) Reports submitted under a cooperative agreement fulfill the reporting requirements under South Carolina environmental law relating to the facility, activities, and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.
(B) A participant shall notify the department division if it wishes to increase the amount of a discharge or emission or commence the discharge or emission of a pollutant from a covered facility that was not provided for in the cooperative agreement at the time it became effective. The notification shall describe any proposed facility expansion, production increases or process modifications that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department division may amend the cooperative agreement or require the participant to obtain an approval if an approval is required under South Carolina environmental law.
Section 48-56-130. A participant shall submit a report to the department division within 14 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain a:
(1) description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and the results of the performance evaluation;
(2) description of any violations revealed by the performance evaluation;
(3) description of the actions the participant is taking or is proposing to take to diligently correct the violations within a reasonable period of time;
(4) proposed compliance schedule for correcting the violations;
(5) description of the measures that the participant has taken or will take to prevent future violations.
Section 48-56-140. (A) The department division shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department division may:
(1) approve the actions and the compliance schedule as submitted;
(2) propose different actions or compliance schedule; or
(3) disapprove the proposed actions or compliance schedule.
(B) If the department division and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department division disapproves the use of a compliance schedule, the department division may initiate procedures to revoke the cooperative agreement and may commence an enforcement action.
(C) If the parties reach agreement, the department division may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule.
(D) The department division may consider these factors in determining whether to approve a compliance schedule:
(1) environmental and public health consequences of the violations;
(2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and
(3) time needed to purchase any equipment or supplies that are needed to correct the violations.
Section 48-56-150. (A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department division may not commence an enforcement action for the violations.
(B) The department division may not commence an enforcement action for violations covered by a compliance schedule that is approved under Section 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department division may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations.
(C) Notwithstanding subsection (A), the department division may at any time commence an enforcement action for violations if:
(1) significant environmental harm or a public health threat was caused by the violation;
(2) the department division discovers the violations before submission of a report under Section 48-56-130;
(3) the department division disapproves the compliance schedule or proposed actions under Section 48-56-140;
(4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors;
(5) the violation occurred within one year of a similar prior violation at the same facility;
(6) there is a violation of a judicial or administrative order against the facility; or
(7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.
Section 48-56-160. (A) Except as provided in subsection (B), the department division shall make any record, report, or other information obtained in the administration of this section available to the public pursuant to the South Carolina Freedom of Information Act.
(B) The department division shall keep confidential any part of a record, report, or other information obtained in the administration of this section, other than emission data, discharge data, or information contained in a cooperative agreement, upon a showing satisfactory to the department division by any person that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in Section 30-4-40, of that person.
(C) If the department division refuses to release information on the grounds that it is confidential under subsection (B) and a person challenges that refusal, the department division shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department division to release the information, the applicant or participant shall pay the reasonable costs incurred by this State to defend the refusal to release the information.
(D) Subsection (B) does not prevent the disclosure of any information to a representative of the department division for the purpose of administering this chapter."
SECTION 87. Chapter 57, Title 48 of the 1976 Code, as last amended by Act 270 of 2000, is further amended to read:
Section 48-57-10. (A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities.
(B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation or prosecution carried out by any appropriate governmental entity.
(C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.
Section 48-57-20. As used in this chapter:
(1) 'Department' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(2) 'Environmental audit' means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule.
(3) 'Environmental audit report' means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. An environmental audit report may include, but is not limited to, field notes and records of observations, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically-recorded information, maps, charts, graphs, and surveys, provided the supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have these components:
(a) an audit report prepared by an auditor, which may include the scope and date of the audit and the information gained in the audit, together with exhibits and appendices and may include conclusions and recommendations;
(b) memoranda and documents analyzing the report and discussing implementation issues;
(c) an audit implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance.
(4) 'Environmental laws' means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters.
Section 48-57-30. (A) An environmental audit report or any part of an environmental audit report is privileged and, therefore, immune from discovery and is not admissible as evidence in a civil or administrative penalty action, except as provided in Sections 48-57-40 and 48-57-50. These documents are not entitled to the privilege:
(1) information obtained by observation by a regulatory agency;
(2) information obtained from a source independent of the environmental audit;
(3) documents, communication, data, reports, or other information required to be collected, maintained, otherwise made available, or reported to a regulatory agency or any other persons by statute, regulation, ordinance, permit, order, consent agreement, or as otherwise provided by law;
(4) documents prepared either prior to the beginning of the environmental audit or subsequent to the completion date of the audit report, and in all cases, any documents prepared independent of the audit or audit report;
(5) documents prepared as a result of multiple or continuous self-auditing conducted in an effort to intentionally avoid liability for violations;
(6) information which is knowingly misrepresented or misstated or which is knowingly deleted or withheld from an environmental audit report, whether or not included in a subsequent environmental audit report;
(7) information in instances where the material shows evidence of noncompliance with state, federal, regional, or local environmental laws, permits, consent agreements, regulations, ordinances, or orders and the owner or operator failed to either promptly take corrective action or eliminate any violation of law identified during the environmental audit within a reasonable period of time, but not exceeding three years after discovery of the noncompliance or violation unless a longer period of time is set forth in a schedule of compliance in an order issued by the department division, after notice in the State Register and following the department's division's determination that acceptable progress is being made.
(B) If an environmental audit report or any part of an environmental audit report is subject to the privilege provided for in subsection (A), no person who conducted or participated in the audit or who significantly reviewed the audit report may be compelled to testify regarding the audit report or a privileged part of the audit report except as provided for in Section 48-57-30(E) or in Sections 48-57-40 or 48-57-50.
(C) Nothing contained in this chapter may restrict a party in a proceeding before the South Carolina Workers' Compensation Commission from obtaining or discovering any evidence necessary or appropriate for the proof of any issue pending in the case, regardless of whether evidence is privileged pursuant to this chapter. Further, nothing contained in this chapter may prevent the admissibility of evidence which is otherwise relevant and admissible in a proceeding before the South Carolina Workers' Compensation Commission, regardless of whether the evidence is privileged pursuant to this chapter. However, the commission, upon motion made by a party to the proceeding, may issue appropriate protective orders preventing disclosure of information outside of the workers' compensation proceeding.
(D) The privilege created by this section does not apply to criminal investigations or proceedings. Where an audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by this section shall continue to apply and is not waived in civil and administrative proceedings, and is not discoverable or admissible in civil or administrative proceedings even if disclosed during a criminal proceeding.
(E) Nothing in this chapter may be construed to circumvent the employee protection provisions provided by federal or state law.
Section 48-57-40. (A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit.
(B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to:
(1) a person employed by the owner or operator or the parent corporation of the audited facility;
(2) a legal representative of the owner or operator or parent corporation; or
(3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit.
(C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30:
(1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited;
(2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited;
(3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.
Section 48-57-45. In order to assert at any time in the future the privilege established in Section 48-57-30, the facility conducting the environmental audit shall, upon inspection by the department division of the facility or no later than ten working days after completion of the department's division's inspection, notify the department division of the existence of any audit relevant to the subject of the department's division's inspection as well as the beginning date and completion date of that audit. A responsible official from the facility or company shall certify by his or her signature in writing on the cover of the audit report the beginning date, the anticipated completion date, and the actual completion date of the audit.
Section 48-57-50. In an administrative proceeding before an administrative law judge, the department division may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The administrative law judge shall revoke the privilege granted in Section 48-57-30 to an audit report if the factors set forth in this section apply. In a civil proceeding, the court, after an in camera review, shall revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this chapter, and:
(1) the privilege is asserted for purposes of deception or evasion; or
(2) even if subject to the privilege provided for in Section 48-57-30:
(a) the material shows evidence of significant noncompliance with applicable environmental laws;
(b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and
(c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.
Section 48-57-60. The privilege provided for in Section 48-57-30 is not applicable in any criminal proceeding.
Section 48-57-70. A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and also of proving that compliance has been achieved or will be achieved through the exercise of best efforts. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section.
Section 48-57-80. The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an on-going proceeding, where the parties are not in agreement, the department division may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50.
Section 48-57-90. Nothing in this chapter limits, waives, or abrogates:
(1) the scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege;
(2) any existing ability or authority under state law to challenge privilege; or
(3) the department's division's authority to obtain or use documents or information that the department division otherwise has the authority to obtain under state regulations promulgated pursuant to federally-approved programs.
Section 48-57-100. (A) If a person or entity makes a voluntary disclosure of an environmental compliance violation of the state's laws, or the federal, regional, or local counterpart or extension of these laws, that person has the burden of proving that the disclosure is voluntary by establishing the elements in Section 48-57-100(B) and that the person is therefore entitled to immunity from any administrative or civil penalties associated with the issues disclosed. Nothing in this section may be construed to provide immunity from criminal penalties.
(B) For purposes of this section, disclosure is voluntary if:
(1) the disclosure is made within fourteen days following a reasonable investigation;
(2) the disclosure is made to an agency having regulatory authority with regard to the violation disclosed;
(3) the person or entity making the disclosure initiates an action to resolve the violation identified in the disclosure in a diligent manner;
(4) the person or entity making the disclosure cooperates with the appropriate agency in connection with investigation of the issues identified in the disclosure; and
(5) the person or entity making the disclosure diligently pursues compliance and promptly corrects the noncompliance within a reasonable time.
(C) A disclosure is not voluntary for purposes of this section if:
(1) specific permit conditions require monitoring or sampling records and reports or assessment plans and management plans to be maintained or submitted to the department division pursuant to an established schedule;
(2) specific permit conditions, final departmental divisional orders, or environmental laws require notification of releases to the environment;
(3) the violation was committed intentionally, wilfully, or through criminal negligence by the person or entity making the disclosure;
(4) the violation was not corrected in a diligent manner;
(5) significant environmental harm or a public health threat was caused by the violation;
(6) the violation occurred within one year of a similar prior violation at the same facility and immunity from civil and administrative penalties was granted by the department division for the prior violation;
(7) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors; or
(8) the violation is a violation of the specific terms of a judicial or administrative order.
(D) If a person meets the burden of proving that the disclosure is voluntary, the burden shifts to the government to prove that the disclosure was not voluntary, based upon the factors set forth in this section. The person claiming immunity under this chapter retains the ultimate burden of proving the voluntariness of the disclosure.
(E) A voluntary disclosure made pursuant to this section is subject to disclosure by the agency pursuant to the South Carolina Freedom of Information Act.
(F) Final waiver of penalties and fines is not granted until full compliance has been certified by the department division as occurring in a reasonable time. If full compliance is not certified by the department division, the department division shall retain discretion to assess penalties based on the department's division's Uniform Enforcement Policy.
Section 48-57-110. No state or local governmental rule, regulation, guidance, policy, or permit condition may circumvent or limit the privileges established by this chapter or the exercise of the privileges or the presumption and immunity established by this chapter."
SECTION 88. Section 49-1-15 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 49-1-15. (A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land.
(B) The Department of Health and Environmental Control division may issue a permit for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the Board of the Department of Environment and Natural Resources and the following standards:
(1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question.
(2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure.
(3) The need for the proposed project far outweighs the historical and current uses of the stream in question.
(4) The impact of the proposed project will not threaten or endanger plant or animal life.
(5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands.
(C) The Attorney General shall represent before any federal agency the department division, if so requested by the department, respecting the same application."
SECTION 89. Section 49-1-16 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 49-1-16. The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources may charge a fee to an applicant for a permit for any construction, alteration, dredging, filling, or other activity in navigable waters of the State. If the project is commercial or industrial and is in support of operations that charge for the production, distribution, or sale of goods or services, a fee of five hundred dollars must be charged, except if the aerial crossing of navigable waters by conductors or other wires supported solely by structures outside the navigable waters the fee shall be one hundred dollars. If the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise the fee must be fifty dollars. The department division shall remit the fees to the State Treasurer and shall be issued a credit for any portion of the fees necessary to offset its costs in processing, investigating and taking final action on each permit application. Any remaining portion shall be credited to the general fund of the State."
SECTION 90. Chapter 3, Title 49 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 49-3-10. This chapter may be cited as the South Carolina Water Resources Planning and Coordination Act.
Section 49-3-20. As used in this chapter:,
(1) 'Board' means the governing body of the Department of Natural Resources.
(2) 'Department' 'Division' means the Department Division of Natural Resources, Department of Environment and Natural Resources.
Section 49-3-30. The former Water Resources Commission without its regulatory functions is hereby transferred to the Water Resources Division Office of the Department Division of Natural Resources and is directly accountable to and subject to the board director of the Department of Environment and Natural Resources. The Water Resources Division Office shall be directly accountable to and subject to the Department of Environment and Natural Resources. The regulatory functions of the former Water Resources Commission are transferred to the Department of Health and Environmental Division of Environmental Control.
Section 49-3-40. (a) The department division shall advise and assist the Governor and the General Assembly in:
(1) formulating and establishing a comprehensive water resources policy for the State, including coordination of policies and activities among the state departments and agencies;
(2) developing and establishing policies and proposals designed to meet and resolve special problems of water resource use and control within or affecting the State, including consideration of the requirements and problems of urban and rural areas;
(3) reviewing the actions and policies of state agencies with water resource responsibilities to determine the consistency of such actions and policies with the comprehensive water policy of the State and to recommend appropriate action where deemed necessary;
(4) reviewing any project, plan or program of federal aid affecting the use or control of any waters within the State and to recommend appropriate action where deemed necessary;
(5) developing policies and recommendations to assure that the long range interests of all groups, urban, suburban, and rural, are provided for in the state's representation on interstate water agencies;
(6) recommending to the General Assembly any changes of law required to implement the policy declared in this chapter; and
(7) such other water resources planning, policy formulation and coordinating functions as the Governor and the General Assembly may designate.
(b) The department division is authorized to conduct or arrange for such studies, inquiries, surveys or analyses as may be relevant to its duties in assisting the Governor and the General Assembly in the implementation of the policy declared in this chapter, and in developing recommendations for the General Assembly. For these purposes, the department shall have full access to the relevant records of other state departments and agencies and political subdivisions of the State, and may hold public hearings, and may cooperate with or contract with any public or private agency, including educational, civic and research organizations. The studies, inquiries, surveys, or analyses shall incorporate and integrate, to the maximum extent feasible, plans, programs, reports, research and studies of federal, state, interstate, regional, metropolitan and local units, agencies and departments of government.
(c) In developing recommendations for the Governor and the General Assembly relating to the use and control of the water resources of the State, the department division shall:
(1) coordinate its activities by distribution of copies of its notices of meetings with agenda, minutes and reports of all state agencies concerned with water resources;
(2) consult with representatives of any federal, state, interstate, or local units of government which would be affected by such recommendations; and
(3) be authorized to appoint such interdepartmental and public advisory boards as necessary to advise them in developing policies for recommendations to the Governor and the General Assembly.
(d) The department division shall encourage, assist and advise regional, metropolitan, and local governmental agencies, officials or bodies responsible for planning in relation to water aspects of their programs, and shall assist in coordinating local water resources activities, programs, and plans.
(e) The department division may publish reports, including the results of such studies, inquiries, surveys and analyses as may be of general interest, and shall make an annual report of its activities to the Governor and the General Assembly within ten days after the convening of each session of the General Assembly.
(f) The department division may receive and expend grants, gifts, and monies donated or given by any state or private agency, person, corporation, water or sewer authority, or political subdivision in connection with water resource investigations in which the results of such investigations will be made publicly available.
(g) The department division is authorized and required to review and approve the expenditure of funds derived from the United States Army Corps of Engineers when any funds are authorized and appropriated for any water resources related projects or purposes, including but not limited to, the following:
(1) navigation,
(2) irrigation,
(3) water storage,
(4) aquatic weed management,
(5) flood control,
(6) salinity control,
(7) interstate water concerns, and
(8) any studies, surveys, or analyses performed by the Corps of Engineers.
The review and approval required by this subsection is not applicable to any Corps of Engineers funds which must be expended in a different manner pursuant to express statutory direction.
Section 49-3-50. In exercising its responsibilities under this chapter, the department division shall take into consideration the need for:
(a) Adequate supplies of surface and groundwaters of suitable quality for domestic, municipal, agricultural, and industrial uses.
(b) Water quality facilities and controls to assure water of suitable quality for all purposes.
(c) Water navigation facilities.
(d) Hydroelectric power.
(e) Flood damage control or prevention measures including zoning to protect people, property, and productive lands from flood losses.
(f) Land stabilization measures.
(g) Drainage measures, including salinity control.
(h) Watershed protection and management measures.
(i) Outdoor recreational and fish and wildlife opportunities.
(j) Any other means by which development of water and related land resources can contribute to economic growth and development, the long-term preservation of water resources, and the general well-being of all the people of the State."
SECTION 91. Chapter 4, Title 49 of the 1976 Code, as last amended by Act 366 of 2000, is further amended to read:
Section 49-4-10. This chapter may be cited as the South Carolina Surface Water Withdrawal and Reporting Act.
Section 49-4-20. As used in this chapter:
(1) 'Board' means the Board of the Department of Health and Environmental Control Environment and Natural Resources.
(2) 'Department' 'Division' means the Department Division of Health and Environmental Control, Department of Environment and Natural Resources.
(3) 'Dewatering operations' means an operation that is withdrawing surface water for the purpose of draining an excavation or preventing or retarding flow into an excavation. Such an operation would include, but is not limited to, water and sewer line construction and excavating for a building foundation.
(4) 'Diffuse surface water' means water on the surface of the earth not located in defined courses, streams, or water bodies.
(5) 'Emergency withdrawal' means the withdrawal of water, for a period not exceeding thirty days, for the purpose of firefighting, hazardous substance waste spill response, or both, or other emergency withdrawal of water as determined by the department division.
(6) 'Existing surface water withdrawer' means a surface water withdrawer withdrawing surface water or a proposed surface water withdrawer with its intakes under construction before January 1, 2000.
(7) 'New surface water withdrawer' means a person who becomes a surface water withdrawer after December 31, 1999.
(8) 'Person' means an individual, firm, partnership, association, public or private institution, municipality, or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county.
(9) 'Public water system' means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act.
(10) 'Surface water' means all water, which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs.
(11) 'Surface water withdrawer' means a public water system withdrawing surface water in excess of three million gallons during any one month and any other person withdrawing surface water in excess of three million gallons during any one month from a single intake or multiple intakes under common ownership within a one-mile radius from any one existing or proposed intake.
Section 49-4-30. The following are exempt from this chapter:
(1) dewatering operations;
(2) emergency withdrawals;
(3) a person withdrawing surface water for environmental remediation purposes;
(4) a person withdrawing surface water from any pond completely situated in private property and which is supplied only by diffuse surface water;
(5) a person required to obtain a permit under the Interbasin Transfer of Water Act, Section 49-21-10, et seq.;
(6) a person withdrawing, using, or discharging surface water for the purpose of wildlife habitat management.
Section 49-4-40. (A) An existing surface water withdrawer in the State shall register its surface water use with the department division on forms provided by the department division no later than January 1, 2001.
(B) An existing surface water withdrawer already registered with the department division is exempt from subsection (A).
(C) A surface water withdrawer shall submit a registration form to the department division within thirty days after completing construction of its surface water intake.
Section 49-4-50. (A) A surface water user in the State shall file annually before January thirty with the department division a report, on forms furnished by the department division, of the quantity of water withdrawn.
(B) The quantity of surface water withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of the cooling systems;
(4) any standard or method employed by the United States Geological Survey in determining these quantities;
(5) any other method found to provide reliable water withdrawal data approved by the department division.
(C) The surface water withdrawer is not required to submit the surface water withdrawal report required by subsection (A) if the monthly quantity withdrawn from each intake is being reported to the department division as a result of another environmental program reporting requirement, permit condition, or consent agreement.
Section 49-4-60. The department division may:
(1) adopt and modify regulations to implement the provisions of this chapter;
(2) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter;
(3) administer and enforce this chapter and regulations promulgated and orders issued or effective under this chapter; and
(4) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter.
Section 49-4-70. A registered surface water withdrawer shall notify the department division in writing within thirty days of constructing a new intake changing the method of measuring the withdrawal, ceasing to withdraw surface water, abandoning an intake, or a change in ownership.
Section 49-4-80. (A) A person wilfully violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars a day for each violation.
(B) A violation of a provision of this chapter or a regulation promulgated under the authority of this chapter, renders the violator liable to the State for a civil penalty of not more than one thousand dollars a day for each violation.
(C) The department division may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty.
(D) The department division may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter.
(E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State."
SECTION 92. Chapter 5, Title 49 of the 1976 Code, as last amended by Act 366 of 2000, is further amended to read:
Section 49-5-10. This chapter may be cited as the Groundwater Use and Reporting Act.
Section 49-5-20. The General Assembly declares that the general welfare and public interest require that the groundwater resources of the State be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation, in order to conserve and protect these resources, prevent waste, and to provide and maintain conditions which are conducive to the development and use of water resources.
Section 49-5-30. Unless the context otherwise requires, as used in this chapter:
(1) 'Aquifer' means a geologic formation, group of these formations, or part of a formation that is water bearing.
(2) 'Aquifer storage and recovery' or 'ASR' means a process by which water is injected into an aquifer for storage and then subsequently withdrawn from the same aquifer from the same well or other nearby wells.
(3) 'Board' means the Board of the Department of Health and Environmental Control Department of Environment and Natural Resources.
(4) 'Coastal Plain' means:
(a) all of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Lee, Marion, Marlboro, Orangeburg, Sumter, and Williamsburg counties; and
(b) those portions of Chesterfield, Edgefield, Kershaw, Lexington, Richland, and Saluda counties east or southeast of the fall line as identified on the best available geologic map.
(5) 'Department' Division means the Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources.
(6) 'Dewatering operation' means an operation that is withdrawing groundwater from an aquifer for the purpose of draining an excavation or preventing or retarding groundwater flow into an excavation. This operation includes, but is not limited to, mining, water and sewer line construction, and excavating for a building foundation.
(7) 'Emergency withdrawal' means the withdrawal of groundwater, for a period not exceeding thirty calendar days, for the purpose of fire fighting, hazardous substance or waste spill response, or both, or other emergency withdrawal of groundwater as determined by the department division.
(8) 'Existing groundwater withdrawer' means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000.
(9) 'Flowing well' means a well releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface.
(10) 'Groundwater' means water in the void spaces of geologic materials within the zone of saturation.
(11) 'Groundwater withdrawal permit' means a permit issued by the department division to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater.
(12) 'Groundwater withdrawer' means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well.
(13) 'New groundwater withdrawer' means a person who becomes a groundwater withdrawer after December 31, 1999, except for a proposed groundwater withdrawer with its wells under construction before January 1, 2000.
(14) 'Nonconsumptive use' means the use of water from an aquifer that is returned to the aquifer from which it was withdrawn, at or near the point from which it was withdrawn, without diminishing the quantity any more than three million gallons in any one month or without substantial impairment in quality.
(15) 'Permit to construct' means a permit issued by the department division after consideration of proposed well location, depth, rated capacity, and withdrawal rate.
(16) 'Permittee' means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with Sections 49-5-60 and 49-5-110.
(17) 'Person' means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county.
(18) 'Public water system' means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act.
(19) 'Rated capacity' means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed.
(20) 'Surface water' means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs.
(21) 'Type I well' means a well constructed with an open hole in a bedrock aquifer.
(22) 'Well' means an excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater or for evaluating, testing, developing, draining, or recharging a groundwater reservoir or aquifer or that may control, divert, or otherwise cause the movement of groundwater from or into an aquifer.
Section 49-5-40. In order to carry out the policy as stated in Section 49-5-20, the General Assembly finds that the department division must establish and implement an effective statewide groundwater management program. To implement this program, all groundwater withdrawers shall register their groundwater sources with, and report their groundwater use to, the department division.
Section 49-5-50. (A) The department division shall assess, notice, and monitor groundwater withdrawals in this State pursuant to this chapter.
(B) A groundwater withdrawer or proposed groundwater withdrawer outside of a designated capacity use area in the Coastal Plain shall notify the department division of its intent to construct a new well, or increase the rated capacity of an existing well, at least thirty days before initiating the action. This notification must be made on forms provided by the department division.
(C) The department division shall develop a process for notifying potentially affected existing withdrawers and the public of all notices received pursuant to subsection (B).
Section 49-5-60. (A) In the State where excessive groundwater withdrawal presents potential adverse effects to the natural resources or poses a threat to public health, safety, or economic welfare or where conditions pose a significant threat to the long-term integrity of a groundwater source, including salt water intrusion, the board, after notice and public hearing, in accordance with the Administrative Procedures Act, shall designate a capacity use area. The department division, local government authorities, other government agencies, or groundwater withdrawers may initiate the capacity use area designation process. The notice and public hearing must be conducted such that local government authorities, groundwater withdrawers, or the general public may provide comments concerning the capacity use area designation process. A capacity use area must be designated by the board based on scientific studies and evaluation of groundwater resources and may or may not conform to political boundaries.
(B) After notice and public hearing, the department division shall coordinate the affected governing bodies and groundwater withdrawers to develop a groundwater management plan to achieve goals and objectives stated in Section 49-5-20. In those areas where the affected governing bodies and withdrawers are unable to develop a plan, the department division shall take action to develop the plan. The plan must be approved by the board before the department division may issue groundwater withdrawal permits for the area.
(C) Once the board approves the groundwater management plan for a designated capacity use area, each groundwater withdrawer shall make application for a groundwater withdrawal permit. The department division shall issue groundwater withdrawal permits in accordance with the approved plan.
(D) A person or entity affected may appeal a decision of the board on a capacity use area designation within thirty days after the filing of the decision to the court of common pleas of any county which is included in whole or in part within the disputed capacity use area. The department division shall certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the decision. The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the agency;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the record; or
(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Section 49-5-70. (A) The following are exempt from this chapter:
(1) emergency withdrawals of groundwater;
(2) any person withdrawing groundwater for nonconsumptive uses;
(3) a person withdrawing groundwater for the purpose of wildlife habitat management;
(4) a person withdrawing groundwater at a single family residence or household for noncommercial use.
(B) The following are exempt from the permitting requirements of Section 49-5-100 and the public notification requirements of Section 49-5-50:
(1) dewatering operations at mines;
(2) all other dewatering operations;
(3) Type I wells installed into crystalline bedrock in the Coastal Plain Groundwater Management Area;
(4) groundwater withdrawer constructing a new well to replace an existing well.
(C) Aquifer storage and recovery wells are exempt from the requirements of this chapter if:
(1) a permit in accordance with the Underground Injection Control Regulations, Regulation 61-87, S. C. Code of Regulations, is obtained from the department division; and
(2) the amount of water withdrawn does not exceed the amount of water injected.
(D) The department division may exempt wells of diminutive yield from the requirements of this chapter if these wells are used for purposes other than the wells which result in a person being considered a groundwater user.
Section 49-5-80. (A) An existing groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department division on forms provided by the department division no later than January 1, 2000.
(B) A new groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department division on forms provided by the department division before becoming a groundwater withdrawer.
(C) A groundwater withdrawer shall register any additional wells within thirty days after initiating use of the wells.
Section 49-5-90. (A) Every permitted and registered groundwater withdrawer in the State shall annually before January thirty file with the department division a report on forms furnished by the department division of the quantities of groundwater withdrawn.
(B) The quantity of groundwater withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of a cooling system;
(4) any standard or method employed by the United States Geological Survey in determining such quantities; or
(5) any other method approved by the department division which will provide reliable groundwater withdrawal data.
(C) The groundwater withdrawer is not required to submit the groundwater withdrawal report required by subsection (A) if the monthly quantity withdrawn from each well is being reported to the department division as a result of another environmental program reporting requirement, permit condition, or consent agreement.
Section 49-5-100. (A) Before a groundwater withdrawer or proposed groundwater withdrawer in a designated capacity use area can construct a new well or increase the rated capacity of an existing well, an application for a permit to construct must be made to, and a permit to construct obtained from, the department division unless exempt pursuant to Section 49-5-70.
(B) Before a person may become a groundwater withdrawer in a designated capacity use area, an application for a groundwater withdrawal permit must be made to, and a groundwater withdrawal permit obtained from, the department division.
(C) The department division may grant a temporary groundwater withdrawal permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a groundwater withdrawal permit.
(D) The department division may revoke a permit to construct or a groundwater withdrawal permit if it determines information in the permit application is false or the permittee fails to comply with the conditions of the permit.
(E) The department division may revoke a temporary groundwater withdrawal permit if the permittee fails to adhere to the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review.
(F) The department division shall develop a public participation process for the permitting of new wells or for an increase in the rated capacity of a well and for groundwater withdrawal.
(G) The department division is authorized to develop a 'General Permit' for groundwater withdrawal activities.
(H) A person or entity aggrieved by the department division's decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1.
Section 49-5-110. The department division may:
(1) adopt and modify regulations to implement the provisions of this chapter;
(2) issue, modify, revoke, or deny construction and groundwater withdrawal permits;
(3) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter;
(4) administer and enforce this chapter and regulations promulgated and orders issued or effective under this chapter;
(5) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter;
(6) subpoena and require the attendance of witnesses and the production of books and papers by witnesses pertinent to investigations and inquiries the department division is authorized to conduct under this chapter, and examine witnesses and those public records as necessary;
(7) enter into agreements, contracts, memoranda of understanding, or cooperative arrangements under terms and conditions as the department division considers appropriate with any person necessary to carry out the intent of this chapter;
(8) distribute to, and receive financial and technical assistance from, public or private agencies, institutions of higher education, and the federal government;
(9) participate in programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(10) evaluate and conduct, or have conducted, investigations regarding aquifer sampling, aquifer characteristics, hydrogenologic modeling, and other engineering, scientific, and economic analysis, including the establishment of minimum aquifer levels to carry out the provisions of this chapter. In conducting such investigations, the department division will consider and utilize, as appropriate, reports, research, and studies of federal, state, or local agencies and department divisions of government. The results of these investigations shall serve as the basis for the evaluation of applications and the determination of applicable permit conditions.
The department division shall negotiate agreements, accords, or compacts on behalf of and in the name of the State and with other states or the United States, or both, with an agency, department division, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. In negotiating such agreements, the department division will consider, as appropriate, information provided by potentially affected federal, state, or local agencies and department divisions of government and will advise such entities of the final department division action. An interstate compact made by the department division by authority of this chapter is subject to approval by joint resolution of the General Assembly. The department division shall represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State.
Section 49-5-120. (A) A person wilfully violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars a day for each violation.
(B) A violation of a provision of this chapter or a regulation promulgated under the authority of this chapter renders the violator liable to the State for a civil penalty of not more than one thousand dollars a day for each violation.
(C) The department division may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, standard, permit, or permit condition or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty.
(D) The department division may cause to be instituted a civil action in a court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter.
(E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State.
Section 49-5-130. Wells that are flowing by releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that the water from these wells may be utilized to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The department division may promulgate regulations to govern use of these wells in this State.
Section 49-5-140. Nothing contained in this chapter changes or modifies existing common or statutory law with respect to the rights of the use of surface water in this State.
Section 49-5-150. Existing capacity use areas and requirements as specified in Regulations 121-1 and 121-2, S. C. Code of Regulations, remain in effect until the department division promulgates regulations under the authority of this chapter."
SECTION 93. Chapter 6, Title 49 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 49-6-10. There is hereby created the South Carolina Aquatic Plant Management Program for the purpose of preventing, identifying, investigating, managing, and monitoring aquatic plant problems in public waters of South Carolina. The program will coordinate the receipt and distribution of available federal, state, and local funds for aquatic plant management activities and research in public waters.
The Department Division of Natural Resources (department) (division) is designated as the state agency to administer the Aquatic Plant Management Program and to apply for and receive grants and loans from the federal government or such other public and private sources as may be available for the Aquatic Plant Management Program and to coordinate the expenditure of such funds.
Section 49-6-20. There is created the South Carolina Aquatic Plant Management Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department division for the purpose of receiving and expending funds for the prevention, management, and research of aquatic plant problems in public waters of South Carolina. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes specified above. The fund shall be subject to annual audit by the Office of the State Auditor.
The fund is eligible to receive appropriations of state general funds, federal funds, local government funds, and funds from private entities including donations, grants, loans, gifts, bond issues, receipts, securities, and other monetary instruments of value. All reimbursements for monies expended from this fund must be deposited in this fund.
Section 49-6-30. There is hereby established the South Carolina Aquatic Plant Management Council, hereinafter referred to as the council, which shall be composed of ten members as follows:
1. The council shall include one representative from each of the following agencies, to be appointed by the chief executive officer of each agency:
(a) Water Resources Division Office of the Department Division of Natural Resources;
(b) South Carolina Department of Health and Division of Environmental Control;
(c) Wildlife and Freshwater Fish Division Office of the Department Division of Natural Resources;
(d) South Carolina Department of Agriculture;
(e) Coastal Division Office of the Department Division of Environmental Control;
(f) South Carolina Public Service Authority;
(g) Land Resources and Conservation Districts Division Office of the Department Division of Natural Resources;
(h) South Carolina Department of Parks, Recreation and Tourism;
(i) Clemson University, Department of Fertilizer and Pesticide Control.
2. The council shall include one representative from the Governor's Office, to be appointed by the Governor.
3. The representative of the Water Resources Division Office of the Department Division of Natural Resources shall serve as chairman of the council and shall be a voting member of the council.
The council shall provide interagency coordination and serve as the principal advisory body to the department on all aspects of aquatic plant management and research. The council shall establish management policies, approve all management plans, and advise the department Division of Natural Resources on research priorities.
Section 49-6-40. The department division, with advice and assistance from the council, shall develop an Aquatic Plant Management Plan for the State of South Carolina. The plan shall describe the procedures for problem site identification and analysis, selection of control methods, operational program development, and implementation of operational strategies. The plan shall also identify problem areas, prescribe management practices, and set management priorities. The plan shall be updated and amended at appropriate intervals as necessary; provided, however, problem site identification and allocation of funding shall be conducted annually. In addition, the department shall establish procedures for public input into the plan and its amendments and priorities. The public review procedures shall be an integral part of the plan development process. When deemed appropriate, the department division may seek the advice and counsel of persons and organizations from the private, public, or academic sectors.
The council shall review and approve all plans and amendments. Approval shall consist of a two-thirds vote of the members present. The department division shall have final approval authority over those sections which do not receive two-thirds approval of the council."
SECTION 94. Article 3, Chapter 11, Title 49 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 49-11-110. This article shall be cited as the 'Dams and Reservoirs Safety Act'.
Section 49-11-120. Unless the context otherwise requires, as used in this article:
(1) 'Alterations' and 'repairs' mean only the alterations or repairs which may affect the safety of a dam or reservoir.
(2) 'Appurtenant works' include, but are not limited to, structures such as spillways, either in the dam or separate from it, low-level outlet works, and water conduits.
(3) 'Department' 'Division' means the South Carolina Department Division of Health and Environmental Control, Department of Environment and Natural Resources or its staff or agents.
(4) 'Dam' means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. However, this does not include a dam:
(a) less than twenty-five feet in height from the natural bed of the stream or watercourse measured at the downstream toe of the dam, or less than twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum water storage elevation and has an impounding capacity at maximum water storage elevation of less than fifty-acre feet unless a situation exists where the hazard potential as determined by the department division is such that dam failure or improper reservoir operation may cause loss of human life;
(b) owned or operated by a department division or an agency of the federal government;
(c) owned or licensed by the Federal Energy Regulatory Commission, the South Carolina Public Service Authority, the Nuclear Regulatory Commission, the United States Corps of Engineers, or other responsible federal licensing agencies considered appropriate by the department division;
(d) upon which the Department of Transportation or county or municipal governments have accepted maintenance responsibility for a road or highway where that road or highway is the only danger to life or property with respect to failure of the dam.
(5) 'Districts' means the soil and water conservation districts of this State. For the purposes of this article the districts may serve as agents and advisors to the department division.
(6) 'Danger to life or property' means a situation exists where the hazard potential as determined by the department division is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property.
(7) 'Detailed inspection' means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. This inspection includes, but is not limited to, soil analyses, concrete or earth stability analyses, materials testing, foundation explorations, and hydrologic analyses, including basin studies and flood potential. This inspection must be performed by a qualified registered professional engineer.
(8) 'Enlargement' means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir.
(9) 'Owner' means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir.
(10) 'Removal' means destruction or breaching of an existing dam or drainage of water impoundment or reservoir.
(11) 'Reservoir' means a reservoir which contains the impoundment of water by a dam or reservoir.
(12) 'Order' means a written document prepared and issued by the department division which mandates specific actions to be accomplished by a dam owner within a specified time frame. Failure to comply makes the owner subject to penalties outlined in Section 49-11-260.
(13) 'Unsafe' means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure.
Section 49-11-130. It is the purpose of this article to provide for the certification and inspection of certain dams in South Carolina in the interest of public health, safety, and welfare in order to reduce the risk of failure of the dams, prevent injuries to persons and damage to property, and confer upon the department division the regulatory authority to accomplish the purposes.
Section 49-11-140. The authority for the safe maintenance of the dams and reservoirs of this State and the powers of inspection and certification provided in this article are the responsibility of the department division. The department division may employ engineers and technicians it considers necessary to implement this article for which appropriations are available.
Section 49-11-150. The owner of a dam or reservoir constructed in this State solely is responsible for maintaining the dam or reservoir in a safe condition throughout the life of the structure. The owner of a dam or reservoir shall inform the department division in writing within thirty days after title to the dam or reservoir legally has been transferred from his ownership. The notice must include the name and address of the new owner. The owner of a dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as a high or significant hazard under existing regulations, shall provide the department division a current emergency action plan in the format the department division by regulation requires.
Section 49-11-160. The department division may issue an order directing the owner of a dam or reservoir to make at his expense the necessary maintenance, alteration, repair, or removal upon a finding that the dam or reservoir:
(a) is or has become unsafe and is dangerous to life or property;
(b) is not maintained in good repair or operating condition; or
(c) is not maintained or operated in accordance with the terms and conditions of the certificate of completion and operation issued by the department division.
Section 49-11-170. (A) The existence of a dam which is not maintained in good repair or operating condition or may be unsafe and a danger to life or property may be brought to the attention of the department division by complaint, staff, or authorized investigation or by other means.
(B) Upon staff or other authorized investigations or upon receipt of a written private complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, operation, or condition of a dam or reservoir, the department division shall cause a preliminary inspection of the structure and downstream development to be made by field observations to determine if the complaint is meritorious. The department division may require the owner of the dam or reservoir to provide data, records, and design plans of the structure specified by regulations.
(C) If upon the preliminary inspection it is determined that the dam or reservoir is unsafe and is dangerous to life or property, the department division may order the owner at his expense to make a detailed inspection of the dam and reservoir and surrounding area and to provide to the department division within a time frame specified by the department division plans prepared by a qualified registered professional engineer for correction of all deficiencies of the dam or to provide to the department division plans and specifications for removal of the dam. In either instance the plans must be approved by the department division before implementation and implemented within a time frame specified by the department division. If upon inspection it is determined that the dam or reservoir has not been maintained in good repair or operating condition, the department division may order the owner at his expense to accomplish the necessary maintenance or to obtain a permit for removal and to remove the dam within a time frame specified by the department division.
(D) The department division shall give the owner notice of its action when:
(1) a complaint has been filed alleging that the owners' dam or reservoir is unsafe and a danger to life or property stating the nature of the complaint;
(2) a preliminary inspection has been made with findings.
(E) The owner of a dam or reservoir determined through a preliminary inspection not to be maintained in good repair or operating condition or to be unsafe and a danger to life or property may request a hearing before the board of the department division within thirty days after notice of the findings are delivered. The owner may submit written or present oral evidence which must be considered by the board of the department division in the issuance of the order.
Section 49-11-180. (A) The department division may solicit voluntary compliance by the owner of a dam or reservoir found to be unsafe and a danger to life or property to take remedial steps necessary to render the dam safe.
(B) Extension of time to complete work specified in an order may be granted by the department division. No extension may be granted when there appears substantial and immediate danger of dam failure.
Section 49-11-190. (A) The department division immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property.
(B) In applying emergency measures the department division has the following limited powers to order the owner to:
(1) lower the water level by releasing water from the reservoir;
(2) empty the reservoir completely;
(3) take other steps essential to safeguard life and property.
(C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department division at once of the proposed repair and work underway.
(D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department division or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department division may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.
Section 49-11-200. (A) The construction of a new dam or reservoir or enlargement, removal, or repair may not begin until the owner has applied for and obtained from the department division written approval of plans and specifications.
(B) Where the location and size of the dam or reservoir renders the requirements of subsection (A) and Section 49-11-210 unnecessary, the department division may grant approval and waive certain nonessential requirements in instances, including, but not limited to, small dams and reservoirs for agricultural, fish or wildlife, or recreational uses on private lands and of no danger to other life or property downstream.
Section 49-11-210. A separate application for each dam or reservoir and all enlargements, removals, or repairs to existing dams or reservoirs must be filed with the department division upon forms to be provided by it, except only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. The application must be accompanied by maps and plans and specifications of a character and size and setting forth pertinent details and dimensions required by regulation. The application for construction of a new dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as high or significant hazard under existing regulations, must include a fully-developed emergency action plan in a format the department division by regulation requires. After the dam or reservoir is constructed, this emergency action plan must be updated by the owner of the dam or reservoir each time it becomes noncurrent.
Section 49-11-220. An applicant for approval of a dam or reservoir subject to Section 49-11-200 also shall file with the division a design approved by a registered professional engineer legally qualified in the State. Dams designed by the USDA-Soil Conservation Service or other federal agencies do not require certification by a registered professional engineer.
Section 49-11-230. (A) The department division may make necessary inspections during construction of new dams and reservoirs, enlargements, removal, and repairs of dams and reservoirs and during work done pursuant to repair orders to assure compliance with the approved plans and specifications or provisions of the order.
(B) If water is to be released during the construction, repair, or removal, the department division shall specify the maximum discharge rate allowable to avoid endangering or causing injury to downstream owners.
Section 49-11-240. (A) The department division or its authorized agents may inspect the dam or reservoir and surrounding area to determine the safety of the structure.
(B) An authorized member, agency, or representative of the department division may enter state or private lands and natural or artificial waterways in the State to discharge the duties set forth in this article.
(C) The department division shall formulate reasonable regulations, including, but not limited to, minimum safety design standards for impoundments, safety inspection standards, water discharge, or drawdown rates and levels in unsafe impoundments and for other purposes necessary to administer this article.
(D) The department division shall issue all orders, permits, or licenses set forth in this article.
Section 49-11-250. Nothing in this article and no action or failure to act under this article:
(1) imposes liability on the State, the department division, districts, or an agency or its officers or employees for the recovery of damages caused by the action or failure to act; or
(2) relieves the owner or operator of a dam or reservoir of the duties, obligations, responsibilities, or liabilities arising from or incident to the ownership or operation of a dam or reservoir.
Section 49-11-260. (A) A person violating this article is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars. Each day the violation continues after notice to take corrective action is a separate offense.
(B) The department division may assess an administrative fine of not less than one hundred nor more than one thousand dollars against a person who violates this article or an order issued or regulation promulgated pursuant to it. In determining the amount of the fine the department division shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. Fines assessed under this subsection may be appealed to the department division who may reduce them based on information presented at the appeal hearing.
(C) Upon a violation of this article or related regulations the department division may institute legal action to obtain injunctive relief in the name of the department division.
(D) A person against whom a final order or decision has been made, except for emergencies specified in Section 49-11-190, may appeal to the board under the Administrative Procedures Act. The burden of proof is on the party attacking an order or a decision of the department division to show that the order is unlawful or unreasonable.
(E) Civil fines collected under this article must be deposited in a special account of the department division to fund educational activities relating to dams and reservoirs safety, including, but not limited to, workshops, seminars, manuals, and brochures."
SECTION 95. Chapter 21, Title 49 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 49-21-10. For purposes of this chapter:
(1) 'Department' or 'DHEC' 'Division' means the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources;
(2) 'River basin' means the area drained by a river and its tributaries or through a specified point on a river, as determined in subsection (7) of Section 49-21-60;
(3) 'Receiving river basin' means a river basin which is the recipient of an increase in water, over and above that occurring naturally, as the result of a diversion or transfer of water from a different river basin;
(4) 'Losing river basin' means a river basin which sustains a decrease in water as the result of a diversion or transfer of water to a different river basin and there is no significant return of the water to the river basin of origin;
(5) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, federal or state governmental agencies, or private or public corporations organized under the laws of this State or any other state or country.
(6) 'Board' means the board of the department division.
Section 49-21-20. Following the effective date of this chapter, no person shall withdraw, divert, pump, or cause directly the transfer of either five percent of the seven-day, ten-year low flow, or one million gallons or more of water a day on any day, whichever is less, from one river basin and use or discharge all or any part of the water in a different river basin unless the person shall first obtain a permit from the department division.
Section 49-21-30. A. The department division may grant, deny, or issue with conditions as to quantity or qualities of water, a permit to any person for any interbasin transfer of water upon application for a permit, opportunity for public comment, and a hearing before the department division, if the department division finds the criteria in subsections B, C, D, and E are met.
B. The applicant shall specify the location of all collection, withdrawal, and transportation facilities and additional information as the department division may require. The department division shall publish notice of the permit application once a week for four consecutive weeks in a newspaper of general circulation in each river basin area to be affected by the transfer; the department division shall publish the notice in the State Register; and the department division shall provide notice to each holder of an interbasin water transfer permit within the proposed losing river basin by mailing a notice by registered or certified mail, return receipt requested.
C. In making its determination whether transfer may be permitted, the department division shall:
(1) Protect present, and consider projected stream uses of the losing river basin generally and of the losing river specifically including, but not limited to, present agricultural, municipal, industrial and instream uses, and assimilative needs.
(2) Protect water quality of the losing river basin.
(3) Consider reasonably foreseeable future water needs of the losing river basin.
(4) Consider the reasonably foreseeable future water needs of the applicant for the water to be transferred, including methods of water use, conservation, and efficiency of use.
(5) Consider beneficial impact on the State and its local subdivisions of any proposed transfer, and the capability of the applicant to implement effectively its responsibilities under the requested permit.
(6) Consider the nature of the permittee's use of the water, to determine whether the use is reasonable and beneficial.
(7) Consider whether the proposed project shall promote and increase the storage and conservation of water.
(8) Consider the feasibility of alternative sources of supply and their comparative costs.
(9) Consider impact on interstate water use.
(10) Consider requirements of other state or federal agencies with authority relating to water resources.
(11) Consider availability of water in the losing river basin to respond to emergencies, including drought.
(12) Consider whether the project shall have any beneficial or detrimental impact on navigation, hydropower generation, fish and wildlife habitat, aesthetics, or recreation.
(13) Consider such other facts and circumstances as are reasonably necessary to carry out the purposes of this chapter.
D.(a) In addition to the requirements in subsection C. of this section, the department division shall not issue a transfer permit except upon certification by the department division that the proposed interbasin transfer of water shall neither:
(1) Violate the water classification standard system regulation or the stream classification regulation, nor
(2) Adversely affect the public health and welfare. Through its certification DHEC the division shall insure the protection of the water quality and health of the losing river basin and shall insure the protection of the present and permitted assimilative needs of the losing river basin. DHEC The division shall use data from stream modeling and instream sampling in making its certification. DHEC The division may issue a certification with conditions which must be made part of any permit issued pursuant to this chapter.
(b) The department division may not deny an interbasin transfer permit on the basis of water quality when it has certified that the water quality of the losing basin or the receiving basin is not adversely affected.
E. In order to protect the water uses of the losing river basin, the department division, in determining the amount of water to be approved, may conduct or have conducted instream sampling and stream modeling to predict the volumes of water which may be transferred. Transferable amounts may vary to accommodate seasonal water conditions in the losing river basin. No transfer of water may be permitted at any time which shall cause the remaining flow in the losing river basin to be less than the statistical low flow that occurs for seven consecutive days, once every ten years as established prior to the interbasin transfer.
F. The permit shall specify the location of all collection, withdrawal, transmission, and discharge facilities to be used or constructed to effect the interbasin transfer and shall specify the amount or amounts which can be withdrawn. The permit shall require that the interbasin transfer shall cease or decrease when the actual flow of the losing basin is less than a specified minimum required to protect against adverse effects to the basin. The permit shall further require that the permittee comply with other requirements as may be advisable to promote an adequate water supply for the State and to mitigate any adverse conditions or effects which the department division finds exist, but are not sufficient to require denial of the permit.
G. Any riparian landowner or person legally exercising rights to use water, suffering material injury for the loss of water rights as a consequence of an interbasin transfer shall have a cause of action against the water transferor in the court of common pleas of the county in which the water transfer originates to recover all provable damages for loss of riparian rights including increases in operating costs, lost production, or other damages directly caused him by the interbasin transfer; provided, however, this subsection G does not apply to transfers authorized under item (2) of subsection A of Section 49-21-50; provided, further, the immediately preceding proviso may not be construed to abridge or alter causes of actions in the civil courts under the common law or statutory laws existing prior to the effective date of this chapter and any such cause of action against the water transferor must be brought in the court of common pleas of the county in which the transfer originates. The burden of proof is on the person alleging damages.
Section 49-21-40. A. No permit under Section 49-21-20 may be issued for a longer period than the longest of the following, unless the applicant requests a shorter period:
(1) twenty years; or
(2) a period found by the department division to be reasonable based upon review of all relevant facts and circumstances pertaining to the proposed water transfer but for a period no longer than forty years.
B. The department division may modify, suspend, or revoke any water transfer permit, including authority to transfer water pursuant to Section 49-21-50, for good cause consistent with the following procedures:
(1) Before any permit may be modified, suspended, or revoked the department division shall give the permittee notice of the proposed action and afford the permittee an opportunity for a hearing before the board. Any hearing must be conducted pursuant to the South Carolina Administrative Procedures Act (Act 176 of 1977).
(2) All hearings under this section must be before an Administrative Law Judge.
(3) A full and complete record of all proceedings at any hearing under this chapter must be taken by a reporter appointed by the by an Administrative Law Judge or by other method approved by the Attorney General. Any party to a proceeding is entitled to a copy of the record upon the payment of the reasonable cost as determined by the Administrative Law Judge.
(4) The burden of proof at any hearing under this subsection B is upon the moving party.
(5) Any appeal of the decision by the Administrative Law Judge shall be made to the board pursuant to the provisions of the Administrative Procedures Act.
(6) Judicial review and stays of enforcement of the decision of the board must be pursuant to the South Carolina Administrative Procedures Act, but any petition for judicial review or stay of the decision of the board must be filed in the circuit court in the county in which the subject permitted water transfer originates.
C. Permits may be renewed following their expiration upon a full review of all factors considered issuing a permit for the first time.
D. Permits may not be transferred except with the approval of the department division.
Section 49-21-50. A. Any person diverting or transferring or having substantially under construction facilities to divert or transfer five percent of the seven-day, ten-year low flow or one million gallons or more of water a day from one river basin and using or discharging all or any part of the water in a different river basin on the effective date of this chapter may continue the transfer subject to the following conditions:
(1) The transfer must be registered with the department division within six months of the effective date of this chapter.
(2) The total amount of the transfer daily shall not exceed the larger of (i) the capacity of the facilities used to transfer water on December 1, 1984, or (ii) facilities to transfer water substantially under construction on December 1, 1984, or (iii) any water withdrawal project under contract approved by the Federal Energy Regulatory Commission prior to December 1, 1984.
(3) Any increase in water transferred over the amount authorized in item (2) of this section must be reviewed and permitted in accordance with Section 49-21-20.
(4) In any event, a transfer authorized under this section must be reviewed under the criteria of Section 49-21-30 upon the occurrence of any of the following conditions:
(i) the cessation of the transfer for any reason for a continuous period of three years;
(ii) following a period from the effective date of this chapter no longer than the longest of the following:
(a) twenty years, or
(b) a period found by the department division to be reasonable based upon review of all relevant facts and circumstances pertaining to the existing water transfer, but the period may be not longer than forty years, or
(c) for existing transfers pursuant to item (2) of subsection A of Section 49-21-50, upon conclusion of the maximum useful life of the transfer facilities or water withdrawal project under contract not to exceed forty years from December 1, 1984.
B. The provisions of this chapter shall take precedence over any other state regulatory provision pertaining to the subject of this chapter.
Section 49-21-60. A. The department division may promulgate regulations to carry out the intent of this chapter including, but not limited to, the following:
(1) Development of applications.
(2) The conduct of public hearings to be conducted at the discretion of the department division.
(3) Provisions to ensure public notice of applications and submission of comments from the public.
(4) Coordination of comments from interested state agencies.
(5) Provisions to identify persons who may be adversely affected by a water transfer and allowing any of the persons to be heard by the department division prior to final action on a permit application.
(6) Provisions requiring special conditions on any permit necessary to protect the health, safety, or welfare of losing or receiving river basins.
(7) The department division shall by regulation delineate and designate river basins. In undertaking this task, the department division shall initially establish fifteen river basins, including the watershed of each of the following fifteen rivers or river systems:
(a) Upper Savannah;
(b) Lower Savannah;
(c) Saluda;
(d) Broad;
(e) Congaree;
(f) Catawba-Wateree;
(g) Lynches;
(h) Pee Dee;
(i) Little Pee Dee;
(j) Black;
(k) Waccamaw;
(l) Lower Santee;
(m) Edisto;
(n) Ashley-Cooper;
(o) Combahee-Coosawhatchie.
Prior to any designation or delineation of any additional river basins, they must first be approved by act of the General Assembly.
Section 49-21-70. A. Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars for each violation. In addition, if any person is adjudged to have committed a violation of this chapter wilfully, the court may determine that each day during which the violation continued constitutes a separate offense.
B. Upon violation of any of the provisions of this chapter, or the regulations of the department division, the director may, either before or after the institution of criminal proceedings, institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of this chapter.
Section 49-21-80. The board is empowered to negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with any agency, department division, or commission of either, or both, relating to transfers of water that impact waters of this State, or are connected to or flowing into those waters. Any interstate compacts made by the board by authority of this chapter are subject to approval by concurrent resolution of the General Assembly. The board is further empowered to represent this State in connection with water withdrawals, diversions, or transfers occurring in other states which may affect this State."
SECTION 96. Section 49-23-60 of the 1976 Code, as last amended by Act 190 of 2002, is further to read:
"Section 49-23-60 (A) The department division shall coordinate appropriate drought response upon consultation with the Drought Response Committee composed of two parts:
(1) a statewide committee composed of the following state agencies: South Carolina Emergency Management Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, Department of Agriculture, South Carolina the Forestry Commission Division, and South Carolina Department Division of Natural Resources;
(2) a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe and extreme drought declarations. The Governor shall appoint the chair of the Drought Response Committee. The department division shall provide administrative support.
(B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, power generation facilities, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area of the date, time, and location of the Drought Response Committee meetings and subsequent notice of actions taken by the committee.
(C) The department division may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter."
SECTION 97. Section 50-16-30 of the 1976 Code, as last amended by Act 41 of 1989, is further amended to read:
"Section 50-16-30. It is unlawful for a person to possess, transport, or otherwise bring into the State or release or introduce into the State any diseased wildlife or other animal that reasonably might be expected to pose a public health or safety hazard as determined by the South Carolina Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources after consultation with the department Division of Natural Resources."
SECTION 98. Section 50-19-1935 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-19-1935. The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources, in conjunction with the Department Division of Natural Resources shall, from the funds appropriated in the General Appropriations Act, monitor the striped bass fishery in the Wateree-Santee riverine system.
Both departments divisions shall have oversight responsibility for any studies which may be required as a condition of a DHEC Division of Environmental Control, Department of Environment and Natural Resources permit."
SECTION 99. Section 55-1-100 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-1-100. (A) It is unlawful for any person to operate or act as a flightcrew member of any aircraft in this State:
(1) within eight hours after the consumption of any alcoholic beverage;
(2) while under the influence of alcohol; or
(3) while using any drug that affects his faculties in any way contrary to safety; or
(4) with four one-hundredths of one percent or more by weight of alcohol in his blood at the time of the alleged violation.
(B) Any person who operates or acts as a flightcrew member of any aircraft in this State is considered to have given consent to a chemical test of his breath for the purpose of determining the alcoholic content of his blood if arrested for violating the provisions of subsection (A). The test must be administered at the direction of a law enforcement officer who has apprehended a person while or after operating or acting as a flightcrew member of any aircraft in this State while under the influence of intoxicating liquor. The test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the test, and no test may be administered unless the defendant has been informed that he does not have to take the test. Any person who refuses to submit to the test violates the provisions of this subsection and, upon conviction, must be punished by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, or both. The penalties provided for in this subsection are in addition to those provided for in subsection (F).
No person is required to submit to more than one test for any one offense for which he has been charged, and the test must be administered as soon as practicable without undue delay.
The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his own choosing conduct a test or tests in addition to the test administered by the law enforcement officer. The failure or inability of the person tested to obtain an additional test does not preclude the admission of evidence relating to the test taken at the direction of the law enforcement agency or officer.
The arresting officer or the person conducting the chemical test of the person apprehended promptly shall assist that person to contact a qualified person to conduct additional tests.
The division shall administer the provisions of this subsection and may make regulations as may be necessary to carry out its provisions. The Department of Health and Environmental Control Division of Environmental Control, Department of Environment and Natural Resources shall cooperate with the division in carrying out its duties.
(C) In any criminal prosecution for the violation of this section, the amount of alcohol in the defendant's blood at the time of the alleged violation, as shown by chemical analysis of the defendant's breath, is admissible as evidence.
The provisions of this subsection do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
(D) Any person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered not to have withdrawn the consent provided by subsection (B).
(E) The person conducting the chemical test for the law enforcement officer shall record in writing the time of arrest, the time of the test, and the results of the test, a copy of which must be furnished to the person tested or his attorney prior to any trial or other proceedings in which the results of the test are used as evidence; and any person administering any additional test shall record in writing the time, type, and results of the test and promptly furnish a copy of the test to the arresting officer. A copy of the results of the test must be furnished to the Federal Aviation Administration and the division by the arresting officer or the agency involved in the arrest.
(F) Any person who violates the provisions of subsection (A), upon conviction, must be punished by a fine of five hundred dollars or imprisonment for not less than forty-eight hours nor more than one year, or both.
(G) Any person who is convicted under the provisions of this section must be reported to the Federal Aviation Administration within ten days of conviction.
(H) For the purposes of this section flightcrew member means a pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time, and aircraft means any contrivance now known or invented, used, or designed in the future for navigation of or flight in the air."
SECTION 100. Section 2-13-190 of the 1976 Code is amended to read:
"Section 2-13-190. Within five days after receiving the page proofs corrected from the Code Commissioner, the Office of Legislative Printing, Information and Technology Systems (LPITS) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of these copies shall send a copy to each of the following officers: the Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of Revenue, Director of the Department of Transportation, State Health Officer, Director of the Department of Environment and Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."
SECTION 101. Section 3-3-210 of the 1976 Code is amended to read:
"Section 3-3-210. Subject to the rights of the South Carolina Department Division of Natural Resources or its successors to lease and subject to the rights of the people of the State to gather oysters and other shellfish on any of the lands hereinafter described, there has been granted to the United States all of the marshlands, sand banks, shores, edges and lands uncovered by water at low tide which are included within the outside boundaries of the premises hereinafter described or which are contiguous and adjacent to such boundaries, to wit:
(1) All that plantation or tract of land containing a body of marshland, in all seven thousand five hundred and sixty-eight (7,568) acres, situate in and around Bull Bay, in the county of Charleston, embracing those islands known as White Banks, being the premises granted to Richard T. Morrison, September 1, 1860, by grants recorded in book Q No. 6, pages 218 and 219, in the office of the Secretary of State, plats of which tracts are also recorded in volume 57, page 429 and page 430, in the office of the Secretary of State;
(2) All those fifteen islands, together containing sixteen thousand nine hundred and ninety-two (16,992) acres, situate near Bull Bay in Charleston County, which islands as a group bound east on the Atlantic Ocean, to the west partly on Bull Bay, to the northward on creeks and marshes, names unknown, and to the southward on Raccoon Keys, being the islands granted to John Bowman, August 1, 1791, by grant recorded in grant book No. 5, page 205, in the office of the Secretary of State aforesaid, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 216, in the R.M.C. office for Charleston County aforesaid, a plat of which islands is recorded in plat book 1, page 205, in the office of the Secretary of State aforesaid and also in plat book B, page 136, in the R.M.C. office aforesaid;
(3) All that tract of land, marsh and sandbank, known as the Casinas, containing three hundred and sixty (360) acres, more or less, near Cape Romain in Charleston County, being the tract granted to John Lee, William Lee and Charles E. Lee, August 3, 1840, by grant recorded in grant book O No. 6, page 485, in the office of the Secretary of State aforesaid, and subsequently conveyed to Henry P. Jackson, by deed recorded in book Y-20, page 214, in the R.M.C. office aforesaid, a plat of which tract is recorded in volume 42, page 68, in the office of the Secretary of State aforesaid and in book B, page 133, in the R.M.C. office aforesaid;
(4) All that tract of land known as Cape Romain and Bird Bank containing nine hundred and seventy (970) acres, situated in Charleston County, being the premises granted to John Lee, William Lee and Charles E. Lee, by grant recorded in grant book O No. 6, page 486, in the office of the Secretary of State aforesaid and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 215, in the R.M.C. office aforesaid, a plat of which is recorded in plat book B, page 131, in the R.M.C. office aforesaid;
(5) All that tract of land containing five thousand five hundred and sixty (5,560) acres on an island known as Big and Little Raccoon Keys, situate in Charleston County, which island bounds eastward on Cape Romain Inlet, southward on the Atlantic Ocean and westward on Bull Bay, being the island granted to John Vinyard, October 7, 1816, by grant recorded in volume 61, page 86, in the office of the Secretary of State aforesaid, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 213, in the R.M.C. office aforesaid; and
(6) All that tract of land and marshland containing one thousand and forty (1,040) acres, more or less, situate in Christ Church Parish in Charleston County, bounded on the north and northeast by Palmetto Creek, to the north and northwest by lands late of the estate of Whitesides, C. B. Northrop, Hodge and Kelly, south and southwest by lands late of Moses Whitesides, Esq., south and southeast by a creek known as No Man's Friend Creek, being the tract granted to C. B. Northrop, July 2, 1855, by grant recorded in book Q No. 6, page 67, in the office of the Secretary of State and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 217, in the R.M.C. office aforesaid, a plat of which tract is recorded in State record volume 43, page 270, and also in book B, page 132, in the R.M.C. office aforesaid.
Jurisdiction; migratory bird refuge. - Subject to the rights of the South Carolina Department Division of Natural Resources as provided above the United States shall have exclusive jurisdiction on the lands so granted for the purpose of carrying out the provisions of the act of Congress approved February 18, 1929, known as the 'Migratory Bird Conservation Act' and all acts hereafter amendatory thereof, and for the purpose of the preservation and conservation of all migratory birds which are or hereafter may be under the jurisdiction of the United States.
Service of process. - Nothing contained in said grant shall be construed to exclude or prevent any process, civil or criminal, issuing from the courts of this State from being served or executed within the limits of said grant.
Reverter when no longer used for game refuge. - The lands so granted shall revert to the State in the event the United States shall cease to use said lands for the purpose of a migratory bird refuge.
Consent to conveyance of part of such lands. - The consent of the State has also been given to the conveyance by the United States or its duly authorized agency, to I. W. Limbaker of tract 'A,' as shown on plat of the Intercoastal Waterway, Winyah Bay-Charleston, Canal Prism and Spoil Disposal Areas, prepared by the United States engineer office, Charleston, South Carolina, February 6, 1939, and on file in the United States engineer office aforesaid in file No. 42-4, said tract 'A' having been a portion of the lands granted the United States as aforesaid, in exchange for the conveyance by I. W. Limbaker to the United States or its duly authorized department, or tract 'B', as shown on said plat, the granting clause of said conveyance from I. W. Limbaker reading as follows:
'That the said deeded land shall revert to the State of South Carolina in the event the United States of America ceases to use the said lands for the purpose of a migratory bird refuge.' And it is hereby specifically declared that said tract 'A' shall not revert to the State on account of said conveyance, but having been conveyed to I. W. Limbaker as so authorized, shall be freed of the provision for reversion contained in the cession of said property to the United States."
SECTION 102. Section 10-9-320 of the 1976 Code is amended to read:
"Section 10-9-320. The State Budget and Control Board (board) or any successor which is assigned this function may lease development rights to geothermal resources underlying surface lands owned by the State. The board must promulgate regulations regarding the method of lease acquisition, lease terms, and conditions due the State under lease operations. The South Carolina Department Division 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."
SECTION 103. Section 11-37-200(A) of the 1976 Code is amended to read:
"(A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of a representative of the Governor, the Director of the Department of Health and Environmental Control Secretary of Health and Human Services, the Director of the South Carolina Department of Environment and Natural Resources, the Director of the Division of Local Government of the Budget and Control Board the Department of Commerce, the Secretary of Commerce, the Chairman Director of the Jobs-Economic Development Authority, and the Chairman of the Joint Bond Review Committee. These representatives may designate a person to serve in their place on the council, and the Governor shall appoint the chairman from among the membership of the council for a one-year term. The council shall establish criteria for the review of applications for projects. Not less often than annually, the council shall determine its priorities for projects. The council after evaluating applications shall notify the authority of the priority projects. The South Carolina Jobs-Economic Development Authority shall provide the staff to receive, research, investigate, and process applications for projects made to the coordinating council and assist in the formulating of priorities. Upon notification by the council, the authority shall proceed under the provisions of this chapter. The authority may consider applications for projects based upon the existence of a documented emergency consistent with regulations that may be promulgated by the authority. In determining which local governments are to receive grants, the local governments shall provide not less than a fifty percent match for any project. The authority may provide financing for the local matching funds on terms and conditions determined by the authority."
SECTION 104. RESERVED
SECTION 105. RESERVED
SECTION 106. RESERVED
SECTION 107. RESERVED
SECTION 108. RESERVED
SECTION 109. RESERVED
SECTION 110. 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 Environment and 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 111. Section 15-9-415 of the 1976 Code is amended to read:
"Section 15-9-415. Service of process upon the Director of the South Carolina Department Deputy Director of the Department of Environment and Natural Resources, Division of Natural Resources, as agent of the nonresident operator of any vessel as defined in Section 50-21-10 in the waters of this State as defined in Section 50-21-10, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the deputy director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the deputy director to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The deputy director shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the deputy director, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."
SECTION 112. Section 16-23-20(1) of the 1976 Code is amended to read:
"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division Office of the Department Division of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators."
SECTION 113. Section 16-27-60(a)(1) of the 1976 Code is amended to read:
"(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Department Division of Natural Resources;"
SECTION 114. Section 16-27-80 of the 1976 Code is amended to read:
"Section 16-27-80. This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as 'water races', 'Treeing Contests', 'Coon-on-a-log', 'Bear-Baying', or 'Fox-pen-trials'. Such 'Fox-pen-trials' must be approved by permit for field trials by the South Carolina Department Division of Natural Resources."
SECTION 115. Section 20-7-410 of the 1976 Code is amended to read:
"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.
The family court shall report to the Department of Public Safety all adjudications of a juvenile for moving traffic violations and other violations that affect the juvenile's privilege to operate a motor vehicle including, but not limited to, controlled substance and alcohol violations as required by other courts of this State pursuant to Section 56-1-330 and shall report to the Department Division of Natural Resources adjudications of the provisions of Title 50."
SECTION 116. Section 20-7-1295(C) of the 1976 Code is amended to read:
"(C) The division 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 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 Division 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 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 of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division 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, 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, the division 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."
SECTION 117. Section 23-25-20(7) of the 1976 Code is amended to read:
"(7) a representative of the Natural Resources Enforcement Division Office, to be appointed the Director Head of the Department Division of Natural Resources."
SECTION 118. Section 23-28-120 of the 1976 Code is amended to read:
"Section 23-28-120. The provisions of this chapter shall not apply to deputy enforcement officers of the Natural Resources Enforcement Division Office of the South Carolina Department Division of Natural Resources."
SECTION 119. Section 40-23-10(A) of the 1976 Code is amended to read:
"(A) There is created the South Carolina Environmental Certification Board composed of nine members appointed by the Governor. Of the nine members, one must be a licensed public water treatment operator and one must be a licensed public water distribution system operator; two must be licensed wastewater operators, one of whom must be certified in the physical chemical specialty; one must be a licensed well driller; one must be a member of the public at large; one must be a representative from the Land, Water, and Conservation Division Office of the Department Division of Natural Resources; one must be a member of the Department of Health and Division of Environmental Control, designated by the Commissioner Director of the Department of Health and Environmental Control; Environment and Natural Resources and one must be a representative from a technical education or other higher education institution actively involved in operator training."
SECTION 120. Section 40-28-10(c) of the 1976 Code is amended to read:
"(c) 'Department Division' shall mean the Department Division of Natural Resources."
SECTION 121. Section 40-65-10(h) of the 1976 Code is amended to read:
"(h) 'Department Division' shall mean the Department Division of Natural Resources."
SECTION 122. Section 44-55-45 of the 1976 Code is amended to read:
"Section 44-55-45. An advisory committee to the board Division of Environmental Control must be appointed for the purpose of advising the board division during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board division . The Advisory Committee is composed of eight members appointed by the board head of the division. Five members must be active well drillers; one member must be a registered professional engineer with experience in well design and construction; one member must be a consulting hydrogeologist with experience in well design and construction; and one member must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom must be an employee of the Department of Health and Division of Environmental Control, and appointed by the commissioner head of the division; and two of whom must be employees of the South Carolina Department Division of Natural Resources and appointed by the director head of the division.
The term of office of members of the Advisory Committee is for four years and until their successors are appointed and qualify. No member may serve more than two consecutive terms. The initial terms of office must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard."
SECTION 123. Section 46-13-150 of the 1976 Code is amended to read:
"Section 46-13-150. There is created a pesticide advisory committee consisting of five licensed commercial applicators residing in the State, one of whom must be licensed to operate horticultural ground equipment, one must be licensed to operate agricultural ground equipment, one must be licensed to operate aerial equipment, and two must be licensed for structural pest control; one entomologist in public service; one toxicologist in public service; one herbicide specialist in public service; two members from the agrichemical industry, one of whom must be a pesticide dealer; two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; one representative of the South Carolina Department Division of Natural Resources; one plant pathologist in public service; one representative of the South Carolina State Division of Forestry Commission; one representative of the South Carolina Department of Agriculture; one representative of the South Carolina Department of Health and Division of Environmental Control; and two citizens from the State at large. The members must be residents of this State and must be appointed by the Governor on the recommendation of the following organizations:
(1) The South Carolina Aerial Applicators' Association shall recommend the pesticide applicator licensed to operate aerial equipment.
(2) The South Carolina Pest Control Operator's Association shall recommend the pesticide applicator licensed to operate horticultural ground equipment and two pesticide applicators licensed for structural pest control.
(3) The Vice President and Vice Provost of Agriculture and Natural Resources of Clemson University shall recommend the herbicide specialist in public service, the entomologist in public service, and the plant pathologist in public service.
(4) The members of the South Carolina Fertilizer and Agrichemical Association shall recommend the member from the agrichemical industry and the pesticide dealer.
(5) The South Carolina Farm Bureau shall recommend the two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides, and the commercial applicator licensed to operate agricultural ground equipment.
(6) The Director of the South Carolina Department of Environment and Natural Resources shall recommend the member from the South Carolina Department Division of Natural Resources.
(7) The State Forester shall recommend the member from the South Carolina State Division of Forestry Commission.
(8) The Commissioner of Agriculture shall recommend the member from the South Carolina Department of Agriculture.
(9) The director of the Department of Health and Environmental Control Head of the Division of Environmental Control shall recommend the member from that department division.
(10) The administrator of the Department of Consumer Affairs shall recommend the two citizens at large.
Such members shall be appointed for terms of four years and may be appointed for successive terms; provided, that at the inception of this chapter the pesticide applicator licensed to operate aerial equipment, the entomologist in public service, the herbicide specialist, one of the two producers of agricultural crops, and the representative from the South Carolina Department of Agriculture shall be appointed for two years; the pesticide applicator licensed for structural pest control, one of the two pesticide applicators licensed to operate ground equipment, one of the two producers of agricultural crops, the pesticide dealer representing the South Carolina Pesticide Association, and the plant pathologist in public service shall be appointed for a period of three years; one of the two pesticide applicators licensed to operate ground equipment, the toxicologist in public service, the member of the agrichemical industry representing the South Carolina Pesticide Association, the representative of the South Carolina Department Division of Natural Resources, the representative from the South Carolina Commission Division of Forestry and the representative from the Department of Health and Division of Environmental Control shall be appointed for a period of four years. All subsequent terms for appointment to such committee shall be for a period of four years.
The appointing organizations shall have the authority to recommend the removal of the appointees prior to the expiration of their term of appointment for cause.
Upon the death, resignation, or removal for cause of any member of the committee, such vacancy shall be filled within thirty days of its creation for the remainder of its term in the manner herein prescribed for appointment to the committee.
The committee shall elect one of its members chairman. The members of the committee shall meet at such time and at such place as shall be specified by the call of the director, chairman, or a majority of the committee.
The committee shall advise the department director and division head on any or all problems relating to the use and application of pesticides. This may include pest control problems, environmental or health problems related to pesticide use, and review of needed legislation, regulations and agency programs."
SECTION 124. Section 47-1-210(D) of the 1976 Code is amended to read:
"(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department Division of Natural Resources; or"
SECTION 125. Article 5, Chapter 3, Title 47 of the 1976 Code is amended to read:
Section 47-3-310. On game management areas, state-owned property and property of private landowners and leaseholders, at the request of such landowners and leaseholders, specially trained enforcement officers of the Natural Resources Enforcement Division Office of the Department Division of Natural Resources may enter on such areas and property for the purpose of investigating dogs running at large on the property. If the dogs are determined to be feral dogs (a dog which has reverted to a wild state) and are a threat to the lives or health of livestock, wildlife, or humans, the enforcement officers may remove the feral dog from the property or dispose of it in the most humane manner as determined by the department division.
Section 47-3-320. Two enforcement officers of the Natural Resources Enforcement Division Office of the Department Division of Natural Resources from each of the state's twenty-eight law enforcement units shall be trained by the Department division in the identification, capture and humane disposal of feral dogs and these officers shall have the responsibility of answering all complaints concerning feral dogs within the geographical boundaries of their respective law enforcement units. Such enforcement officers shall be held harmless of any personal liability that may occur during the lawful execution of their duties under this act except in case of gross negligence."
SECTION 126. Section 47-3-420 of the 1976 Code is amended to read:
"Section 47-3-420. (A) Only the following methods of euthanasia may be used to kill animals impounded or quarantined in animal shelters, and the procedure applicable to the method selected must be strictly followed:
(1) Barbituric acid derivatives:
(a) intravenous or intracardial injection of a lethal solution;
(b) intraperitoneal injection of lethal solution when location of an injection into the vein is difficult or impossible;
(c) oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration of a solution;
(d) intravenous injection of these solutions must be specifically injected according to the directions of the manufacturers for intravenous injections;
(e) intracardial injection of these solutions must only be administered if the animal has been tranquilized with an approved, humane substance and the animal, at the time of the intracardial injection, is anesthetized or comatose;
(f) the solutions may not be administered via intraperitoneal, intrathoracic, intrapulmonary, subcutaneous, intramuscular, intrarenal, intrasplenic, or intrathecal routes or in any other nonvascular injection route except as provided above;
(g) administration of injections must be done only by a licensed veterinarian or by a euthanasia technician or Department Division of Natural Resources employee, trained and certified for this purpose in a euthanasia training class taught by a licensed South Carolina veterinarian, which must include training in tranquilizing animals. A person certified pursuant to this subitem must continue to maintain his proficiency by successfully completing a training course taught by a licensed South Carolina veterinarian every five years;
(h) all injections must be administered using an undamaged hypodermic needle of a size suitable for the size and species of animal;
(i) an animal shelter, governmental animal control agency, or the Department Division of Natural Resources (department division) may obtain a barbituric acid derivative or tranquilizing agent by direct licensing. The animal shelter, governmental animal control agency, or department division must apply for a Controlled Substance Registration Certificate from the federal Drug Enforcement Administration (DEA) and a State Controlled Substances Registration from the Department of Health and Environmental Control (DHEC) Department of Health and Human Services, Division of Health Services, Bureau of Health Programs. If an animal shelter, governmental animal control agency, or the department is issued a certificate by the DEA and a registration by DHEC Department of Health and Human Services, Division of Health Services, Bureau of Health Programs pursuant to this subitem, the animal shelter, governmental animal control agency director or his designee, and the department's division's applicant are responsible, for maintaining their respective records regarding the inventory, storage, and administration of controlled substances. An animal shelter, governmental animal control agency and its certified euthanasia technician, and the department division and its certified employees are subject to inspection and audit by DHEC Department of Health and Human Services, Division of Health Services, Bureau of Health Programs and the DEA regarding the recordkeeping, inventory, storage, and administration of controlled substances used under authority of this article.
(2) Carbon monoxide gas:
(a) dogs and cats, except animals under sixteen weeks of age, may be killed by bottled carbon monoxide gas administered in a tightly enclosed chamber. The chamber must be equipped with:
(i) internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber;
(ii) the gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least six percent within five minutes after any animal is placed in the chamber. The chamber must have a functioning gas concentration gauge attached to the chamber and a strong airtight seal must be maintained around the door;
(iii) the unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision does not apply to chambers located out-of-doors;
(iv) animals must be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches six percent.
(b) no person may euthanize an animal by gas emitted from any engine exhaust system.
(c) in all instances where a carbon monoxide chamber is used:
(i) no incompatible or hostile animals, or animals of different species, may be placed in any chamber simultaneously;
(ii) every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals may be placed in the chamber with dead animals;
(iii) all animals must be examined by a veterinarian or certified euthanasia technician to ensure they are dead upon removal from the chamber;
(iv) all chambers must be inspected quarterly by an independent, qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used;
(v) an operational guide and maintenance instructions must be displayed in the room with the euthanasia chamber.
(3) Shooting:
Shooting may be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is considered necessary by the South Carolina Department Division of Natural Resources to eliminate or control the population of feral animals.
(B) In any of the previously listed methods, an animal may not be left unattended between the time euthanasia procedures have commenced and the time death occurs, and the animal's body may not be disposed of until death is confirmed by a certified euthanasia technician."
SECTION 127. Section 47-3-510 of the 1976 Code is amended to read:
"Section 47-3-510. The owner of any dog or kennel may, upon payment of a fee to be determined by the South Carolina Department Division of Natural Resources (department division), not to exceed five dollars a dog or twenty dollars a kennel, have his dog registered by the department division and the registration number tattooed in either of the dog's ears or on any other clearly visible part of the body that would be considered most suitable for the respective species of dog. The department division shall maintain records of the names and addresses of the owners of registered kennels."
SECTION 128. Section 47-3-550 of the 1976 Code is amended to read:
"Section 47-3-550. The South Carolina Department Division of Natural Resources may promulgate regulations to carry out the provisions of this chapter."
SECTION 129. Section 48-1-85(C) and (D) of the 1976 Code is amended to read:
"(C) When an owner of a houseboat having a marine toilet applies to the Department Division of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Division of Environmental Control."
SECTION 130. Chapter 4, Title 48 of the 1976 Code is amended to read:
Section 48-4-10. (A) The South Carolina Department of Natural Resources Division of Natural Resources of the Department of Environment and 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 division must be comprised of a Natural Resources Enforcement Division Office, a Wildlife and Freshwater Fisheries Division Office, a Marine Resources Division Office, a Water Resources Division Office, and a Land Resources and Conservation Districts Division Office. Each division Office of the department division 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 Division 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 Division 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 division in accordance with the Administrative Procedures Act.
(C) All divisions offices are directly accountable to and subject to the Department Division of Natural Resources.
(D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished. On July 1, 2004, the duties and functions of the Department of Natural Resources are transferred to and devolved upon the Division of Natural Resources of the Department of Environment and Natural Resources.
Section 48-4-20. For the purposes of this chapter:
(1) 'Board' means the governing body advisory board of the department division.
(2) 'Department Division' means the South Carolina Department Division of Natural Resources.
(3) 'Deputy Director' or "Executive Director" means the administrative head of the department, appointed by the board division.
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 division. Board members of the former Department of Wildlife and Marine Resources shall serve as board members for the Department of Natural Resources until their terms expire and their successors are appointed and qualify. All board members shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district of the state and one shall be appointed from the state at-large at large. In making appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board members must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.
The Governor may remove any board member pursuant to the provisions of Section 1-3-240.
Terms of the members shall be for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.
Each board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.
One of the members of the board shall be designated by the Governor to serve as chairman.
Section 48-4-40. The 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 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 such advice, and counsel and perform such duties and functions as may be set by the division deputy director and department director after consultation with the Governor.
Section 48-4-60. The board Director of the Department of Environment and Natural Resources shall appoint a deputy director to serve at its his pleasure who shall be the administrative head of the department division. The deputy director must carry out the policies of the board department director and administer the affairs of the department division. The deputy director may exercise all powers belonging to the board division within the guidelines and policies established by the board Director of the Department of Environment and Natural Resources. The deputy director shall manage the administration and organization of the department division and may appoint such assistants or deputies as the director considers necessary. The deputy director may hire such employees as the director considers necessary for the proper administration of the affairs of the department division. The deputy director must prescribe the duties, powers, and functions of all assistants, deputies, and employees of the department division.
Section 48-4-70. The advisory board shall:
(1) hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum. The board head of the division may hold meetings, transact business, or conduct investigations at any place necessary; however, its the division's primary office is in Columbia;
(2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws;
(3) make an annual report to the General Assembly on all matters relating to its action;
(4) require those of its the division'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 determines, and all premiums on the bonds must be paid by the board division;
(5) pay travel expenses; and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its duties; and
(6) exercise and perform other powers and duties as granted to it the division or imposed upon it the division by law.
Section 48-4-80. The board Head of the Division may:
(1) make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its the divisions duties. The board head of the division may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect. These regulations must be promulgated upon approval and through the Department of Environment and Natural Resources.
(2) exercise all authority granted to it the division under the laws and regulations relating to wildlife, marine and natural resources.
(3) conduct such hearings as may be required by law."
SECTION 131. Section 48-9-15 of the 1976 Code is amended to read:
"Section 48-9-15. As used in this chapter:
(1) "Department" 'Division' means the Department Division of Natural Resources.
(2) "Division" 'Office' means Land Resources and Conservation Districts Division Office of the Department Division of Natural Resources.
(3) 'Deputy Director' means the administrative head of the department division appointed by the board department director."
SECTION 132. Section 48-9-40 of the 1976 Code is amended to read:
"Section 48-9-40. The name of the State Land Resources Conservation Commission is hereby changed to the Department of Natural Resources Reserved."
SECTION 133. Section 48-9-230 of the 1976 Code is amended to read:
"Section 48-9-230. The following shall serve ex officio in an advisory capacity to the Land Resources and Conservation Districts Division Office of the Department Division of Natural Resources: The Director of the State Agricultural Extension Service, the Director of the South Carolina Agricultural Experiment Station, the president of Clemson University, the State Forester, the State Supervisor of the State Department of Vocational Agriculture, the Secretary of Commerce, the Commissioner of Agriculture and, with the concurrence of the Secretary of the United States Department of Agriculture, the State Conservationist of the Soil and Water Conservation Service, the chairman of the Purchasing and Marketing Administration State Committee, and the Director of the Farmers' Home Administration."
SECTION 134. Section 48-9-260 of the 1976 Code is amended to read:
"Section 48-9-260. The Department Division of Natural Resources may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The department division may call upon the Attorney General for such legal services as it may require or may employ its own counsel and legal staff.
SECTION 135. Section 48-9-270 of the 1976 Code is amended to read:
"Section 48-9-270. The Department Division of Natural Resources shall adopt a seal which shall be judicially noticed and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter. These regulations must be promulgated upon approval and through the Department of Environment and Natural Resources."
SECTION 136. Section 48-9-280 of the 1976 Code is amended to read:
"Section 48-9-280. The Department Division of Natural Resources shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all its proceedings and activities and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements."
SECTION 137. Section 48-9-290 of the 1976 Code is amended to read:
"Section 48-9-290. In addition to the duties and powers otherwise conferred upon the Department Division of Natural Resources, it shall have the following duties and powers:
(1) to offer such assistance as may be appropriate to the commissioners of soil and water conservation districts, organized as provided in this chapter, in the carrying out of any of their powers and programs;
(2) to keep the commissioners of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized under this chapter and to facilitate an interchange of advice and experience between such districts and cooperation between them;
(3) to coordinate the programs of the several soil and water conservation districts organized under this chapter so far as this may be done by advice and consultation;
(4) to secure the cooperation and assistance of the United States and any of its agencies and of agencies and counties of this State, in the work of such districts;
(5) to disseminate information throughout the State concerning the activities and programs of the soil and water conservation districts organized hereunder and to encourage the information of such districts in areas where their organization is desirable;
(6) to receive gifts, appropriations, materials, equipment, lands and facilities and to manage, operate and disburse them for the benefit of the soil and water conservation districts;
(7) to coordinate the development of comprehensive conservation plans for environmental improvement on all lands owned or controlled by the State;
(8) to coordinate the development of a statewide landscape inventory and formulate guidelines for assisting local conservation districts, municipalities, counties, and other groups in implementing landscape and beautification programs;
(9) to coordinate the development of a comprehensive plan for implementation of the standard soil survey information and to prepare guidelines for local conservation districts, counties, municipalities and other agencies of State and local government in the use of soil survey data for land use planning, development and conservation;
(10) to coordinate the development of a statewide flood plain lands area inventory and to formulate guidelines for the conservation, protection and use of flood plain lands, excluding tidelands and marshlands;
(11) to coordinate and assist local conservation districts, counties, and municipalities in developing policies and procedures for an adequate erosion and sediment control program; and engage in an educational informational program to acquaint municipalities, conservation districts, counties, and developers with sedimentation control management measures applicable to their activities, and familiarize these people with the program of the district;
(12) to coordinate the development of a statewide irrigable land inventory and to formulate guidelines for the conservation, protection and use of such lands;
(13) to coordinate the development of a statewide inventory of the availability of rural lands for recreational uses, and to formulate guidelines for the conservation, protection and use of such lands; and
(14) to coordinate the development of conservation guidelines for incorporation into local and statewide land use plans."
SECTION 138. Section 48-11-10(12), (13), and (14) of the 1976 Code is amended to read:
"Section (12) "Department" 'Division' means the Department Division of Natural Resources.
(13) "Division" 'Office' means Land Resources and Conservation Districts Division 'Office'.
(14) "Board" means the board of the Department of Natural Resources."
SECTION 139. Section 48-11-15 of the 1976 Code is amended to read:
"Section 48-11-15. The Department Division of Natural Resources shall assist boards of commissioners of soil and water conservation districts and boards of directors of watershed conservation districts with the organization and function of watershed conservation districts. For the purpose of this chapter, the responsibility of the department division is limited to this activity. The construction, operation, and maintenance of watershed works of improvement are the sole responsibility of watershed conservation districts and others as specified in documents for the works of improvement."
SECTION 140. Section 48-22-10 of the 1976 Code is amended to read:
"Section 48-22-10. The South Carolina Geological Survey Unit is established under the Department Division of Natural Resources. The State Geologist must be appointed by the Director of the Department of Environment and Natural Resources. He must have graduated from an accredited college or university with a full curriculum in geology and had at least five years of practical work experience, academic, governmental, or industrial, in geology."
SECTION 141. Section 48-22-20 of the 1976 Code is amended to read:
"Section 48-22-20. The powers and duties provided for the South Carolina Geological Survey of the Division of Research and Statistical Services of the Budget and Control Board are formerly devolved upon the Department of Natural Resources. All equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board before this section takes effect are formerly transferred to the Department of Natural Resources are now transferred to the Division of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services."
SECTION 142. Section 48-43-570 of the 1976 Code is amended to read:
"Section 48-43-570. (a) The Department of Transportation, the Department Division of Natural Resources, and any other agency of this State, shall cooperate with and lend assistance to the Department of Health and Division of Environmental Control by assigning, upon request, personnel, equipment and material to be utilized in any project or activity related to the containment, collection, dispersal or removal of oil discharged upon the land or into the waters of this State.
(b) Subsequent to July 1, 1977, and prior to September 1, 1977, designated representatives of the department division, the Department of Transportation, and the Department Division of Natural Resources, and any other agency or agencies of the State which the department division shall deem necessary and appropriate, shall confer and establish plans and procedures for the assignment and utilization of personnel, equipment and material to be used in carrying out the purposes of this article.
(c) Every state agency participating in the containment, collection, dispersal or removal of an oil discharge or in restoration necessitated by such discharge, shall keep a record of all expenses incurred in carrying out any such project or activity including the actual services performed by the agency's personnel and the use of the agency's equipment and material. A copy of all records shall be delivered to the department upon completion of the project or activity."
SECTION 143. Section 48-45-40 of the 1976 Code is amended to read:
"Section 48-45-40. The membership of the consortium consists of The Citadel, the College of Charleston, Clemson University, the Medical University of South Carolina, South Carolina State College, the University of South Carolina, and the Department Division of Natural Resources. These members are designated as charter members.
The terms of the members are perpetual, and a majority of the charter members may vote the admission of a new member into the consortium."
SECTION 144. 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 chairmen of the Senate Fish, Game and Forestry Committee, House Agriculture and Natural Resources Committee, and the Director of the Department of Environment and Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commission as applicable. 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 145. Section 48-59-30(4) of the 1976 Code is amended to read:
"(4) 'Eligible trust fund recipient' means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department Division of Natural Resources,
(ii) South Carolina Division of Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism."
SECTION 146. Section 48-59-40(A)(1) of the 1976 Code is amended to read:
"(1) the Chairman of the Board for the Department Head of the Division of Natural Resources, the Chairman Head of the South Carolina Division of 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 147. Section 49-23-20 of the 1976 Code is amended to read:
"Section 49-23-20. As used in this chapter:
(a) "Department" means the Department 'Division' of Natural Resources.
(b) 'Conservation' means, to minimize or prevent depletion or waste of the water resource.
(c) 'Drought Response Committee' means the committee created under Section 49-23-60 to be convened to address drought related problems and responses.
(d) 'Office of primary responsibility' means the Department Division of Natural Resources.
(e) 'Person' means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country.
(f) 'Drought' means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State.
(g) 'Water resources' means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.
(h) 'Diffused surface water' means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies.
(i) 'Drought indices' means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. The department division must, through regulation, establish specific numerical values for the indicies that define each level of drought.
(j) 'Incipient drought' means that there is a threat of a drought as demonstrated by drought indices. The incipient drought phase shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The department division shall routinely monitor the climatic variables, streamflow, and water levels in potable drinking water supplies and water levels in the above and below ground water tables and lakes, and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is experiencing an incipient drought condition. The department division must increase monitoring activities to identify a change in existing conditions.
(k) 'Moderate drought' means that there is an increasing threat of a drought as demonstrated by drought indices. Statements must be released to the news media by the department division, and appropriate agencies must accelerate monitoring activities.
(l) 'Severe drought' means that the drought has increased to severe levels as demonstrated by drought indices. This phase must be verified utilizing data, forecasts, and outlooks from various agencies. A drought of this severity normally requires an official declaration by the department division and water withdrawals and use restrictions.
(m) 'Extreme drought' means that the drought has increased to extreme levels as demonstrated by drought indices. The department division shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use and withdrawal restrictions be imposed.
(n) "Board" means the governing authority of the Department of Natural Resources."
SECTION 148. Section 49-25-10 of the 1976 Code is amended to read:
"Section 49-25-10. There is created within the Department Division of Natural Resources the South Carolina State Climatology Office."
SECTION 149. 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 Environment and Natural Resources concerning the activities of the climatic program and other information which the board may consider necessary."
SECTION 150. Section 49-27-10(8) of the 1976 Code is amended to read:
"(8) 'Wildlife Commission' means the North Carolina Wildlife Resources Commission and the South Carolina Department Division of Natural Resources.
SECTION 151. Section 49-27-70 of the 1976 Code is amended to read:
"Section 49-27-70. (A) A copy of the joint ordinance creating the commission and of any joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Deputy Director of the South Carolina Department of Environment and Natural Resources, Division of Natural Resources. When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following:
(1) the Secretary of State of North Carolina and the Secretary of State of South Carolina;
(2) the clerk to the governing board of each of the three counties;
(3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the directors also shall send a certified single copy of any and all applicable joint ordinances to the chairman of the commission;
(4) a newspaper of general circulation in the three counties.
(B) Unless a joint ordinance specifies a later date, it shall take effect when the directors' certified text has been submitted to the Secretaries of State for filing. Certifications of the directors under the seal of the commission as to the text or amended text of any joint ordinance and of the date or dates of submission to the Secretaries of State is admissible in evidence in any court. Certifications by any clerk of superior court or county clerk of court of the text of any certified ordinance filed with him by the directors is admissible in evidence and the directors' submission of the ordinance for filing to the clerk shall constitute prima facie evidence that the ordinance was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any ordinance by the directors to any person other than the Secretary of State."
SECTION 152. Section 49-27-80 of the 1976 Code is amended to read:
"Section 49-27-80. (A) Except as limited in subsection (B) of this section, by restrictions in any joint ordinance, and by other supervening provisions of law, the commission may make regulations applicable to Lake Wylie and its shoreline area concerning all matters relating to or affecting the use of Lake Wylie. These regulations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated under the authority of general law. No regulations adopted under the provisions of this section may be adopted by the commission except after public hearing, with publication of notice of the hearing in a newspaper of general circulation in the three counties at least ten days before the hearing. In lieu of or in addition to passing regulations supplementary to state law and regulations concerning the operation of vessels on Lake Wylie, the commission may, after public notice, request that the North Carolina Wildlife Resources Commission and the South Carolina Department Division of Natural Resources pass local regulations on this subject in accordance with the procedure established by appropriate state law.
(B) Violation of any regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine not to exceed two hundred dollars or thirty days' imprisonment.
(C) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties.
(D) A copy of each regulation promulgated under this section must be filed by the commission with the following persons:
(1) the Secretaries of State of North and South Carolina;
(2) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County;
(3) the Directors of the Wildlife Resources Commission of North Carolina and the South Carolina Department Division of Natural Resources.
(E) Any official designated in subsection (D) above may issue certified copies of regulations filed with him under the seal of his office. These certified copies may be received in evidence in any proceeding.
(F) Publication and filing of regulations promulgated under this section as required above is for informational purposes and is not a prerequisite to their validity if they in fact have been duly promulgated, the public has been notified as to the substance of regulations, a copy of the text of all regulations is in fact available to any person who may be affected, and no party to any proceeding has been prejudiced by any defect that may exist with respect to publication and filing. Rules and regulations promulgated by the commission under the provisions of other sections of this chapter relating to internal governance of the commission need not be filed or published. Where posting of any sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, it is presumed in any proceeding that prior notice was given and maintained and the burden lies upon the party asserting to the contrary to prove lack of adequate notice of any regulation."
SECTION 153. Section 49-29-20 of the 1976 Code is amended to read:
"Section 49-29-20. Except as otherwise required by the context:
(1) "Department" 'Division' means the Department Division of Natural Resources.
(2) 'Free flowing' means existing or flowing in natural condition without impoundment, (diversion) straightening, riprapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time a river is proposed for inclusion in the State Scenic Rivers Program does not automatically bar its consideration for inclusion, but this may not be construed to authorize, intend, or encourage future construction of those structures within components of the State Scenic Rivers Program.
(3) 'Management agency' means the Department Division of Natural Resources.
(4) 'Mean highwater line' means that line which intersects with the shore in tidal waters representing the average height of high waters over an eighteen and one-half year tidal cycle. Benchmarks purporting to have established mean high or low water values must be verified by the department division as meeting state and national ocean survey standards.
(5) 'Ordinary highwater mark' means the natural or clear line impressed on the shore or bank in nontidal waters representing the ordinary height of water. It may be determined by bank shelving, changes in the character of the soil, destruction or absence of terrestrial vegetation, the presence of litter or debris, or a combination of the above or other appropriate criteria that consider the characteristics of the surrounding area. Ordinary highwater mark is not the line reached by floods, but it is the line to which ordinary high water usually reaches.
(6) 'Perpetual easement' means a perpetual right in land of less than fee simple which:
(a) obligates the grantor and his heirs and assigns to certain restrictions constituted to maintain the scenic qualities of those lands bordering the river as determined by the State under this chapter;
(b) is restricted to the area defined in the easement deed;
(c) grants a privilege to those charged with the administration or enforcement of the provisions of this chapter to go upon the land for the purpose of compliance inspection.
(7) 'River' means a flowing body of water or a section, portion, or tributary of it including rivers, streams, creeks, branches, or small natural lakes.
(8) 'Road' means a highway or any hard-surface road."
SECTION 154. Section 49-29-200 of the 1976 Code is amended to read:
"Section 49-29-200. The Natural Resources Enforcement Division Office of the Department Division of Natural Resources and the State Forestry Commission Division, as well as local sheriffs, constables, and special officers, shall cooperate in the inspection and enforcement of the provisions of this chapter.
SECTION 155. 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" 'Division' means the South Carolina Department Division of Natural Resources.
(3) "Director" 'Deputy Director or Division Head' means the administrative head of the department division, appointed by the board Director of the Department of Environment and Natural Resources.
(4) 'Enforcement officer' means an enforcement officer of the Natural Resources Enforcement Division Office of the department division."
SECTION 156. Section 50-3-10 of the 1976 Code is amended to read:
"Section 50-3-10. The head and governing board of the former South Carolina Wildlife and Marine Resources Department as it was constituted before the effective date of this section shall become the board of the Department of Natural Resources until the terms of its current members expire and until their successors are appointed and qualify pursuant to the provisions of Chapter 4 of Title 48. Reserved"
SECTION 157. 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 Environment and Natural Resources in conjunction with the deputy director of the division shall have 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 158. Section 50-3-410 of the 1976 Code is amended to read:
"Section 50-3-410. (A) Enforcement officers and deputy enforcement officers employed by the Department Division of Natural Resources, and any officer deputized by the department division pursuant to Section 27-16-70, may use an official summons for violations of laws and regulations of the Department Division of Natural Resources; laws and regulations of the Department of Parks, Recreation and Tourism; laws and regulations of the State Commission Division of Forestry; laws and regulations of the Department of Health and Division of Environmental Control pertaining to shellfish; trespass laws; and the following criminal offenses:
(1) interfering with a police officer: Section 16-5-50;
(2) disorderly conduct: Section 16-17-530;
(3) malicious injury to animals or personal property: Section 16-11-510;
(4) littering: Section 16-11-700;
(5) possession of beer or wine by a person underage: Section 20-7-8920;
(6) possession of alcoholic liquor by a person under twenty-one years of age: Section 20-7-8925;
(7) possession of marijuana (1 oz. or less): Section 44-53-370(c);
(8) violation of the South Carolina Underwater Antiquities Act: Sections 54-7-610 through 54-7-810;
(9) interfering with navigation: Sections 54-11-10 through 54-11-50;
(10) failure to stop for a blue light: Section 56-5-750;
(11) fishing from a posted bridge or roadway: Section 56-5-3110;
(12) unlawful possession and consumption of alcoholic liquor: Sections 61-6-1800, 61-6-2220, 61-6-4710;
(13) open container: Section 61-4-110.
(B) A person apprehended by an enforcement officer or deputy enforcement officer employed by the Department Division of Natural Resources, or any officer deputized by the department division pursuant to Section 27-16-70(C)(2) for any of the offenses in subsection (A), upon being served with an official summons, may offer to deposit cash money as bail with the apprehending enforcement officer. In the discretion of the apprehending enforcement officer, he may accept cash money as bail in an amount not less than the minimum nor more than the maximum fine, plus court costs, in lieu of a personal appearance or incarceration. The official summons serves as receipt for the sum deposited and gives the respective courts jurisdiction to dispose of the matter."
SECTION 159. Section 50-3-420 of the 1976 Code is amended to read:
"Section 50-3-420. Neither any officer of the Lake Wylie Marine Commission nor any enforcement officer or deputy enforcement officer of the Department Division of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3)."
SECTION 160. 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 Division of Natural Resources, with . The Director of the Department of Environment and Natural Resources in conjunction with the head of the division shall have 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 161. Section 50-3-900 of the 1976 Code is amended to read:
"Section 50-3-900. There is created the South Carolina Jocassee Gorges Trust Fund, the income and principal of which must be used only for the purposes of supporting the operation and maintenance and the acquisition of additional real property complementary to those tracts of real property owned by the South Carolina Department Division of Natural Resources in Oconee and Pickens Counties, South Carolina, in the vicinity of Lake Jocassee which are known collectively as the Jocassee Gorges. All gifts, grants, and contributions for this purpose must be accounted for separately from other assets of the fund."
SECTION 162. 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 Division of Natural Resources, with . The Director of the Department of Environment and Natural Resources in conjunction with the head of the division shall have 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 163. Section 50-3-1120 of the 1976 Code is amended to read:
"Section 50-3-1120. The board Director of the Department of Environment and Natural Resources and the head of the Division of the Department of Natural Resources serves serve ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund."
SECTION 164. Section 50-5-15(18) of the 1976 Code is amended to read:
"(18) "Department" 'Division' means the South Carolina Department Division of Natural Resources unless otherwise stated."
SECTION 165. Section 50-5-20 of the 1976 Code is amended to read:
"Section 50-5-20. (A) The department Division of Natural Resources has jurisdiction over all saltwater fish, fishing, fisheries, and marine resources within the salt waters of this State, including the territorial sea.
(B) The department division is authorized to conduct research, surveys, and other investigations to manage fish and marine resources; to provide for protection of the salt waters and the marine habitat upon which these resources are dependent; and to provide for the development of saltwater fisheries and mariculture.
(C) Except as otherwise provided, the provisions of this chapter do not apply to fish or fishing in the freshwaters of this State.
(D) The provisions of this chapter apply to all impounded waters seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide.
(E) Impoundments seaward of the freshwater/saltwater dividing line which are naturally occurring or are not influenced by the action of the tide are freshwaters for purposes of jurisdiction of this title."
SECTION 166. Section 50-5-955 of the 1976 Code is amended to read:
"Section 50-5-955. (A) The Department Division of Natural Resources may designate and shall maintain Public Shellfish Grounds where persons holding or exempted from holding a marine recreational fishing stamp as required by Article 19 of this chapter may gather shellfish solely for personal use not to exceed the personal limits specified in this article. The open areas must be located preferably at or near public landings. The Department Division of Natural Resources may not designate an area located within one thousand feet of highland property capable of development as a Public Shellfish Ground. Areas designated before January 1, 1996, are exempt from the siting provision of this section and retain their designation until such designation is removed by the department division.
(B) No area currently containing a structure permitted by the Department of Health and Division of Environmental Control or its successor agency may be designated pursuant to this section. The Department Division of Health and Environmental Control or its successor agency may not issue a permit for utilization of a critical area designated as a Public Shellfish Ground.
(C) A person taking shellfish from a Public Shellfish Ground for commercial purposes or selling or attempting to sell shellfish taken from a Public Shellfish Ground is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 167. 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 Department Division 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 168. Article 9, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1025. Except as provided in Section 50-5-1030, any person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any regulation of the Department of Environment Control and Natural Resources relating to shellfish is guilty of a misdemeanor and, upon conviction, must be fined not exceeding the sum of two hundred dollars or be imprisoned for thirty days. The term 'notice' as used in this section means either actual notice or constructive notice.
Section 50-5-1030.. Notwithstanding any other provision of law, all shellfish harvested in violation of any law or regulation regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the Division of Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500.
Section 50-5-1035. Notwithstanding any other provision of law, all revenue from any fine or any forfeiture of bond for any violation of any shellfish law or regulation provided by this title must be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue must be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. Two-thirds of such revenue must be remitted quarterly to the Division of Environmental Control of which one-half is to be used in enforcing shellfish laws and regulations and one-half of such revenue must be remitted quarterly to the state's general fund. All monies derived from auction sales of confiscated equipment pursuant to Section 50-5-1030 must be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any violation of any shellfish law or regulation. A report of fines for forfeitures of bonds regarding shellfish violations must be sent to the Division of Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction of sales of confiscated equipment must be sent to the Division of Environmental Control monthly by each sheriff.
Section 50-5-1040. When any person is apprehended by a shellfish patrolman upon a charge of violating shellfish, crab, and shrimp laws or regulations, such person upon being served with a summons by the patrolman may in lieu of being immediately brought before the proper judicial officer enter into a formal recognizance or deposit a proper sum of money in lieu of a recognizance or incarceration with the patrolman as bail which shall be not less than the minimum nor more than the maximum fine, but in no case to exceed one hundred dollars. The bail shall be turned over to the proper judicial officer. A receipt for the sum so deposited shall be given to the person by the patrolman. The summons duly served shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of bail the patrolman shall release the person so charged and he may appear in court at the time stated in and required by the summons."
SECTION 169. 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" 'Division' means the South Carolina Department Division 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 of the Department Head of the Division 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 division, and shall recommend regulations to the department division 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 division for five dollars and fifty cents a stamp, all of which is retained by the department division. 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 division 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 Environment and Natural Resources in conjunction with the head of the division 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 division."
SECTION 170. Section 50-11-90 of the 1976 Code is amended to read:
"Section 50-11-90. Notwithstanding regulations of the Department Division of Natural Resources, muzzleloader hunts may be held in Game Zone 2 (Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda counties)."
SECTION 171. Section 50-11-390 of the 1976 Code is amended to read:
"Section 50-11-390. (A) The Department Division of Natural Resources may permit the taking of antlerless deer between September 15 and January 1, inclusive. The department division may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(B) In all game zones, the department division may issue individual tags for antlerless deer at a cost of five dollars each which must be used as prescribed by the department division. These tags are valid statewide, except on properties receiving antlerless deer quota permits pursuant to subsection (C) of this section, and must be possessed and used only by the individuals to whom they are issued. Revenue generated from the sale of individual tags must be used to administer the tag program and for deer management and research. The department division shall utilize twenty percent of this revenue for law enforcement.
(C) In all game zones, the department division may issue antlerless deer quota permits to landowners or lessees at a cost of fifty dollars each. Revenue generated from the quota permits must be used to administer the tag program and for deer management and research.
(D) Antlerless deer taken pursuant to individual tags or quota permits must be tagged with a valid antlerless deer tag and reported to the department division as prescribed. Each tag must be attached to the deer as prescribed by the department division before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department division may suspend the taking of antlerless deer or revoke any quota permit or individual tags when environmental conditions or other factors warrant.
(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department division is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not to exceed thirty days."
SECTION 172. Section 50-11-745 of the 1976 Code is amended to read:
"Section 50-11-745. (A) Notwithstanding another provision of law, the Department Division of Natural Resources may administratively release any vehicle, boat, firearm, or hunting device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department Division of Natural Resources may maintain or dispose of the property.
(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department division with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."
SECTION 173. Section 50-11-1920 of the 1976 Code is amended to read:
"Section 50-11-1920. (A) The proprietor of a permitted food service establishment may purchase and sell exotic farm-raised venison which is processed through an official establishment, certified by the State Livestock-Poultry Health Commission or the United States Department of Agriculture. The food service establishment first must obtain a permit from the department division, at no cost, and must maintain adequate records to provide department division personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises of the permitted food service establishment must be open for inspection by enforcement officers, department division personnel, and food service inspectors at reasonable times or whenever employees are present.
(B) The owner of a permitted food service establishment is responsible for compliance with the terms of the permit and with this section. If the food service establishment or its employees violate the terms of the permit or this section, the permit is invalid, and the owner of the food service establishment is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both.
(C) An official establishment or a wholesale food distributor may obtain a permit, at no cost, to buy and sell exotic farm-raised venison to a permitted food service establishment. A permittee must maintain adequate records to provide department division personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises must be open for inspection at reasonable times or whenever employees are present. If the permittee or its employees violate the terms of the permit or this section, the permit is invalid, and the permittee is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both.
(D) The sale of whitetail deer, wild or farm raised, is prohibited.
(E) The Department Division of Natural Resources may promulgate regulations to enforce the provisions of this section.
(F) The provisions of this section do not apply to the sale or purchase of exotic farm-raised venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation. Any product offered pursuant to this paragraph must bear official marks of inspection by the United States Department of Agriculture or the State Livestock-Poultry Health Commission. Official marks of inspection must be maintained on the product or product package until removed by the consumer. Any product offered pursuant to this paragraph must be referred to as being from exotic farm-raised venison or similar designation indicating the origin of the product."
SECTION 174. Section 50-13-1199 of the 1976 Code is amended to read:
"Section 50-13-1199. (A) Notwithstanding another provision of law, the Department Division of Natural Resources may administratively release any vehicle, boat, motor, or fishing device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department Division of Natural Resources may maintain or dispose of the property.
(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department division with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."
SECTION 175. Section 50-19-1935 of the 1976 Code is amended to read:
"Section 50-19-1935. The Department of Health and Environmental Control Division of Environmental Control, in conjunction with the Department Division of Natural Resources shall, from the funds appropriated in the General Appropriations Act, monitor the striped bass fishery in the Wateree-Santee riverine system.
Both departments divisions shall have oversight responsibility for any studies which may be required as a condition of a DHEC Division of Environmental Control permit."
SECTION 176. Section 50-21-10(6), (8), and (11) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(6) 'Dealer's permit' means a certificate issued by the department division to a marine business to extend the privilege of using marine dealer registration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer's permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department division may renew the permit for the calendar year. A dealer permit is valid only for the calendar year and it must be displayed prominently to the public. Applications for renewals must be received by December fifteenth each year. 'Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or to a manufacturer for the purpose of demonstrating new and used boats or for any other legal purposes by a permitted marine dealer employee. The demonstration numbers must not be permanently attached to the vessel. The demonstration numbers must be attached to removal plates or placards for temporary display during any legal use. Demonstration numbers must be used only on boats, motors, or watercraft owned by the permitted dealer, or on customer boats, motors, or watercraft when servicing or testing. Permitted dealers or manufacturers are limited to nine sets of dealer numbers. Temporary certificate of numbers is a temporary registration assigned to a vessel to allow permitted marine dealers to operate a vessel for any legal use permitted.
(8) 'Department' 'Division' means the South Carolina Department Division of Natural Resources .
(11) 'Marine dealer' means a person who engages primarily or secondarily in the business of buying, selling, exchanging, or servicing watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both. A marine dealer must have a proper business license for each facility not under the same roof and shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit. Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall apply to the department division annually for a dealer's permit with a fee of ten dollars for each facility on forms prescribed by the department division. A permit is valid for the calendar year and must be displayed in a prominent place for public view. Renewal applications must be received by December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers. A marine dealer licensed under this section shall consent to public or random inspections of his or its business as provided in Section 50-23-185. A dealer refusing the inspections forfeits his license immediately and permanently."
SECTION 177. Section 50-21-870(B)(9) of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:
"(9)(a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel without being accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department Division of Natural Resources; or
(ii) the person completes a boating safety program approved by the Department Division of Natural Resources;
(iii) anyone operating a vessel with less than fifteen horsepower engine will not be required to take the boating safety program.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or wilfully violate item (9) of subsection (B).
(c) The Department Division of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department division or subject to its approval. These regulations shall be promulgated upon approval of and through the Department of Environment and Natural Resources."
SECTION 178. Section 50-23-290 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-23-290. (A) If an applicant for a watercraft title or outboard motor title is not able to produce a perfected chain of title from the last owner of record or from the manufacturer, the department division may issue to the applicant a conditional title which reflects on the face of it that it is conditional and that it does not warrant ownership against the true owner. The conditional title may not be issued unless the department division:
(1) determines that the watercraft or outboard motor has not been reported as stolen in this State as required by this chapter or in another state;
(2) determines that no active liens exist on the watercraft or outboard motor or that the existence of liens is unlikely; and
(3) determines that the last titled owner cannot be found or the probability of finding the owner is remote; or
(4) determines that the necessary paperwork to perfect the title has been lost, stolen, or destroyed and reasonably cannot be found or duplicated.
(B) The applicant shall cause to be published in a newspaper of general circulation in the county where the last titled owner of the watercraft or outboard motor is known to have lived a notice in the following form:
A. TO: (Name of last titled owner) and all persons claiming an interest in (description including make, model, year, horsepower, and hull identification or serial number if available). Please take notice that (Name of applicant) shall apply to the South Carolina Department Division of Natural Resources for a title to that certain (watercraft or outboard motor) described as follows: (Description including make, model, horsepower, year, and hull identification or serial number if available) no later than ten (10) days from the last publication of this notice. This is the (first, second, or third) of three notices to be published weekly for three weeks. If you wish to claim an interest in this (watercraft/outboard motor) you are advised to contact the South Carolina Department Division of Natural Resources immediately.
B. If there is no record of a previous titled owner or he cannot be determined the notice may be addressed to all persons claiming an interest in the watercraft or outboard motor and published in the county of the applicant's residence for the prescribed period.
C. Upon receipt of proof of publication (Certification from newspaper with copy of advertisement and dates) and having received no claims from interested parties upon determination of the department division that the above conditions exist, the department division may issue a conditional title to the watercraft or outboard motor upon receipt of payment of appropriate taxes, fees, and application.
D. The conditional nature of the title must be reflected clearly on the face of the title and upon any subsequent titles issued on the watercraft or outboard motor for seven years.
E. A person claiming an interest in the watercraft or outboard motor may bring an action within seven years to set the conditional title aside and for the return of the watercraft or outboard motor. Seven years after issuance of the conditional title it is incontestable and a new nonconditional title may be issued upon application and payment of the appropriate fee."
SECTION 179. Section 51-3-145(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) Killing, harming, or harassing any mammal, bird, reptile, or amphibian, except by permit issued by the department division or by permit issued by the South Carolina Department Division of Natural Resources for designated Game Management Areas."
SECTION 180. Section 51-3-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read;
"Section 51-3-160. The Department of Corrections and Probation and the Department Division of Natural Resources are hereby authorized to cooperate in the development of public recreation facilities and to exchange funds where mutually beneficial to both departments and accept matching federal funds."
SECTION 181. Section 51-13-2010(A) of the 1976 Code, added by Act 273 of 1998, is amended to read:
"(A) The management of the commission is vested in the Board of Directors (board). The directors shall be indemnified by the commission in all civil actions for actions taken within the scope of their authority toward achieving the purposes of this article.
The fifteen members shall serve three-year terms and must be appointed in the following manner:
(1) one director appointed by each of the respective county councils in Laurens, Newberry, Union, and Spartanburg;
(2) one director appointed by the U.S. Forest Service;
(3) one director appointed by the S.C. Department of Parks, Recreation and Tourism;
(4) one director appointed by the South Carolina Department Division of Natural Resources; and
(5) two directors appointed by each of the respective Laurens, Newberry, Union, and Spartanburg county legislative delegations.
The board may appoint individuals as nonvoting ex officio members by a majority vote."
SECTION 182. 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' 'Division' means the Department Division 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 Division of Natural Resources, the advisory board, or the Department of Environment and 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 Division of Natural Resources 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 Division 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 Division 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 Division 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 183. 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 Division 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 Director of the Department of Environment and Natural Resources;
B. The Director Head of the Department Division of Natural Resources;
C. The Director of the South Carolina Department of Park, Recreation and Tourism;
D. The Director Head of the Land Resources Conservation Districts Division Offices of the Department Division of Natural Resources;
E. The Director of the South Carolina Department of Archives and History;
F. The State Forester;
G. The State Archeologist;
H. The Director of the State Museum; and
I. The Secretary of Commerce.
Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years."
SECTION 184. Section 51-17-70 of the 1976 Code is amended to read:
"Section 51-17-70. The department Division of Natural Resources 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 head of the division shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.
2. The department division shall supply such other staff and support services as the board of the department division and the advisory board shall require to fulfill their duties and responsibilities under this chapter.
3. The department division shall maintain a public record of any inventories or lists established under this chapter.
4. The department division 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 division as provided under this chapter.
5. The department division 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 185. 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 Environment and 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 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 186. 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 Office of the Department Division 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 division 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 division, 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 187. Section 51-17-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-150. The South Carolina Department of Director of the Department of Environment and Natural Resources, as trustee for the Heritage Land Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Heritage Land Trust Fund and planned acquisitions for the next five years."
SECTION 188. 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 Environment and Natural Resources;"
SECTION 189. Section 51-18-30(A) of the 1976 Code, as added by Act 387 of 2000, is amended to read:
"(A) Enforcement officers of the Natural Resources Enforcement Division Office of the Department Division of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter. The Attorney General shall enforce the regulations of the commission division both as they apply to those areas dedicated, as well as those that are subsequently made a part of the corpus of the War Between the States Heritage Trust. In exercise of this authority, the Attorney General, among other things, and at the request of the commission division, may bring an action for injunctive or declaratory relief in any court of competent jurisdiction."
SECTION 190. Section 51-22-20 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 51-22-20. There is created the Legacy Trust Fund which shall consist of all monies appropriated or transferred to it, all donations, matching funds, and all interest earned on such monies which shall be retained in the fund and used for its stated purposes. The revenues from the Legacy Trust Fund may be matched by public funds, private funds, in-kind contributions, and other funding sources. The title to land as an in-kind contribution must be in fee or as an easement to a governmental or nonprofit entity. The Legacy Trust Fund shall make available funds to acquire sensitive ecological resources and to preserve and renovate or restore historic sites. The funds shall further be used for the development of existing and future state parks and Heritage Preserves and to protect habitat for plant and animal species considered endangered by the Department Division of Natural Resources and to acquire or develop, or both, resource-based recreational projects and facilities within the State."
SECTION 191. Section 51-22-50 of the 1976 Code as added by Act 145 of 1995, is amended to read:
"Section 51-22-50. The following entities are eligible for project consideration and grants from the Legacy Trust Fund:
(1) Department Division of Natural Resources;
(2) Department of Parks, Recreation and Tourism;
(3) Department of Archives and History;
(4) South Carolina Institute of Anthropology and Archaeology;
(5) nonprofit eleemosynary organizations exempt under Internal Revenue Code Section 501(c)(3); and
(6) local governments or political subdivisions including counties, municipalities, and special purpose districts."
SECTION 192. Section 51-22-60 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 51-22-60. (A) Eligible organizations shall acquire properties or projects and maintain title and other interest in acquired properties. The Legacy Trust Fund may not hold any interest or title in any parcel of land.
(B) To be eligible to be considered for funds from the Legacy Trust Fund, the recipient entity must:
(1) demonstrate the ability to complete the project and the ability to acquire and maintain the property after the project has been completed;
(2) acquire a full fee title in acquisition of land and property projects unless:
(a) the project results in an easement for a valid conservation and preservation or recreation purpose, in which case the partial title or easement shall be transferred to the recipient entity; or
(b) the project is part of a landowner incentive program for endangered species habitat conservation administered by the Department Division of Natural Resources;
(3) demonstrate the ability to pay costs associated with developing recreational and public use lands associated with funded projects;
(4) pay costs, if applicable, of renovation or restoration, or both or pay remaining costs of renovation or restoration through public and private funds or both, if funds are provided for renovations or restorations or both, of publicly or privately owned properties considered historic by the Department of Archives and History;
(5) maintain all records on funded projects including, but not limited to, inventory, surveys, costs, contracts, and other natural resources programs which may be eligible for grants from the Legacy Trust Fund; and
(6) maintain all funded properties and projects in good order."
SECTION 193. Section 56-3-7300(B) of the 1976 Code, as added by Act 44 of 2003, is amended to read:
" (B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the Motor Vehicle Division in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, established within and administered by the Department Division of Natural Resources to manage and conserve the marine resources of the State."
SECTION 194. Section 56-7-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-7-50. The provisions of this chapter shall not apply to the South Carolina Department Division of Natural Resources or to any of its agents."
SECTION 195. Section 57-5-870 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 57-5-870. The Department of Transportation and the Department Division of Natural Resources are authorized to enter into cooperative agreements for the construction of access roads and recreation facilities in any county in the State.
The agreements may provide for the Department of Transportation to prepare the necessary plans; provide construction engineering and inspection; and award the necessary construction contracts, subject to the written approval of the Division of Natural Resources. All such contracts shall provide for payments for work performed to be made by the Department Division of Natural Resources from its funds. Upon completion of the construction work, the Department of Transportation shall reimburse the Department Division of Natural Resources out of farm-to-market construction funds apportioned to the county in which the work is performed not exceeding the actual cost of constructing any such secondary roads or one half the total cost of the project provided for in the cooperative agreement, whichever is less. The Department of Transportation shall pay from its farm-to-market construction funds apportioned to such county the cost of engineering and inspection. The roads shall become a part of the state highway secondary system upon their completion."
SECTION 196. Section 57-23-800(D) of the 1976 Code, as added by Act 17 of 1999, is amended to read:
"(D) If the Department Division of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."
SECTION 197. Section 58-1-65 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 58-1-65. (A) The General Assembly finds:
(1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds.
(2) In an effort to manage aquatic weeds in the impoundments, the Department Division of Natural Resources in conjunction with the owners and operators of the water impoundments for federally regulated hydroelectric projects have developed programs to combat the growth of aquatic weeds. These programs are funded in part by revenue appropriated to the Department Division of Natural Resources in Part 1, Section 47 of the 1995-96 general appropriations act, by revenue of certain federal programs, and by contributions by the owners and operators of the federally regulated hydroelectric projects. However, the programs are exclusively managed and controlled by the Department Division of Natural Resources.
(3) In order to continue the program, the owners and operators must have protection from actions by the Department Division of Natural Resources for any liability which they may incur due to the actions of the department division or its agents. Therefore, the State in this section is enacting a hold harmless statute for the owners and operators of the water impoundments for federally regulated hydroelectric projects.
(B) There is no liability on the part of, and no cause of action against, owners and operators of water impoundments for federally regulated hydroelectric projects for any and all acts, events, occurrences, or future consequences of any treatment by the Department Division of Natural Resources, its agents or independent contractors, in providing for the management of aquatic weeds. The immunity for owners and operators of water impoundments for federally regulated hydroelectric projects also extends to any liability arising as a result of actions by individuals who without permission from the owner and operator treat, spray, or in any fashion attempt to manage aquatic weeds in the impoundment.
(C) The department division shall use the funds appropriated to it in fiscal year 1995-96 as referenced above to implement and give effect to the provisions of this section in the manner it considers appropriate."
SECTION 198. Section 58-33-140(1)(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(b) The Department of Health and Environmental Control Division of Environmental Control, the Department Division of Natural Resources, and the Department of Parks, Recreation and Tourism."
SECTION 199. Section 1-5-40(A)(38) and (69) of the 1976 Code are amended to read:
"(38) Forestry Commission Reserved
(69) Natural Resources, Department Division of
(a) Natural Resources Advisory Board
(b) Heritage Trust Advisory Board"
SECTION 200. Section 6-9-50(B) of the 1976 Code is amended to read:
"(B) The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Division of Forestry Commission."
SECTION 201. Section 6-11-105 of the 1976 Code is amended to read:
"Section 6-11-105. The governing body of a county by ordinance may place an emergency ban on the burning of trash or debris within a special purpose district or public service district in the county providing fire protection services for a specified period of time if circumstances require, except that no ban may be placed on burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Division of Forestry Commission.
A person violating such an ordinance is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for a term not exceeding thirty days."
SECTION 202. RESERVED
SECTION 203. Section 16-13-177 of the 1976 Code is amended to read:
"Section 16-13-177. (A) In addition to the penalties provided by law, when an offense in violation of Section 16-11-580, 16-13-30, 16-13-230, or 16-13-240 involves timber theft valued in excess of five thousand dollars, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tools, and equipment of any kind, used or positioned for use, in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting timber or timber products that are known by the owner to be used in the commission of the offense may be confiscated and forfeited to the jurisdiction where the offense occurred if the offender is the owner or registered owner of the property and the offender or someone under his direction or control knowingly used the property during the commission of the offense.
(B) Property subject to forfeiture under this section may be seized or confiscated by any law enforcement officer incident to a lawful arrest or a warrant issued for the purpose by a court of competent jurisdiction pursuant to subsection (A). The confiscating officer must deliver the property immediately to the county or municipality where the offense occurred. The county or municipality must notify the registered owner of the property by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The forfeiture hearing must be held within ten days from the date of receipt of the request. The property confiscated must be returned to the registered owner unless the Division of Forestry Commission, a county, or a municipality can show by a preponderance of the evidence that the property seized was knowingly used in the commission of the crime. In the event the commission division, a county, or municipality is unable to make such a showing, all property seized under this section must be returned to the owner upon proof of ownership and the posting of a bond in a sufficient amount not to exceed ten thousand dollars. The county or municipality in possession of the property must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(C) Upon conviction of a person owning and using the seized property or upon his plea of nolo contendre to an offense subjecting the property to forfeiture, the county or municipality where the offense occurred or the Division of Forestry Commission may initiate an action in the circuit court of the county in which the property was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the property subject to forfeiture and by giving these persons notice and an opportunity to appear and show cause why the property should not be forfeited and disposed of as provided in this section. Failure of a person claiming an interest in the property to appear at this proceeding after having been given notice constitutes a waiver of the claim. However, the failure to appear does not affect the claim of a lienholder of record. The court, after hearing, may order the property forfeited to the county or municipality and sold as provided in this section or returned to the owner or registered owner. Forfeiture of property is subordinate in priority to all valid liens and encumbrances. A person whose property is subject to forfeiture under this section is entitled to a jury trial if requested.
(D) When property is forfeited under this section, the judge must order the property sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds of any sale pursuant to this section shall be distributed to the victim of the offense in an amount to be determined by the presiding judge and any remaining proceeds shall be disbursed to the South Carolina Commission on Division of Forestry to be used exclusively for timber theft enforcement, prevention, and awareness."
SECTION 204. Section 23-49-110(A)(2) of the 1976 Code is amended to read:
"(2) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:
(a) a fire department;
(b) a political subdivision of this State authorized to provide firefighting services; and
(c) the South Carolina Division of Forestry Commission or commission division cooperators."
SECTION 205. Section 23-49-120(B) of the 1976 Code is amended to read:
"(B) The South Carolina Division of Forestry Commission may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission division may be retained for use by the commission division or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission division shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization."
SECTION 206. Section 46-33-90(E) of the 1976 Code is amended to read:
"(E) Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the payment of fees and registration required by this section; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are subject to all commission rules and regulations. The Division of Forestry Commission is exempt from paying fees required by this section. All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from registering and paying the fees."
SECTION 207. Chapter 23, Title 48 of the 1976 Code is amended to read:
Section 48-23-10. There is created and established a State Commission of Forestry to consist of nine members, each of whom shall be a resident of this State and shall be appointed by the Governor. Of this commission, two members shall be practical lumbermen, one member shall be a farmer who is a landowner, three members shall be selected and appointed from the public at large, two members shall be appointed by the Governor from the public at large upon the advice and consent of the Senate and the ninth member shall be the President of Clemson University or the Dean of the School of Forestry to serve as his designee on the commission. The members of the commission shall be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom. In making his appointments, the Governor shall make all reasonable effort to provide representation from every geographical section of the State and a reasonable balance between the interests of corporations and individuals. Division of Forestry as a part of the Department of Environment and Natural Resources. The division shall be headed by a deputy director also to be known as the State Forester appointed by the director of the department as provided in Chapter 30 of Title 1.
The State Commission of Forestry is abolished on July 1, 2004 and the terms of the members of the commission serving in office on this date shall expire. The duties and function of the commission shall also be transferred to the Division of Forestry on this date.
Section 48-23-20. The terms of office of the present members of the State Commission of Forestry are hereby extended from the thirtieth day of May to the thirtieth day of June of the year in which their present terms expire. The successor to the member whose term expires hereunder on June 30, 1953 shall be appointed for a term of five years from that date, and the successors to the members whose terms expire on June 30, 1954, 1955 and 1956, respectively, shall be for a period of six years, and thereafter all appointive members shall be appointed for a term of six years. The president of Clemson University shall continue a member of the Commission as long as he retains his office as president of the University. Reserved.
Section 48-23-30. The members of the Commission shall from their number select a chairman whose duty shall be to call the Commission together as often as the public interests and need demand. The place of the meeting shall be designated by the chairman, who shall likewise designate a place for the headquarters of the State Forester. Reserved
Section 48-23-40. The members of the Commission shall be paid their actual expenses while in attendance upon the meetings of the Commission or while going to and from such meetings. Reserved.
Section 48-23-50. The Commission Director of the Department of Environment and Natural Resources shall appoint and employ a State Forester, who shall be a technically trained forester with at least two years' experience in technical, practical and administrative work, and shall fix his compensation. The State Forester shall perform all such duties as shall be directed by the Commission department director and shall be charged with the direction of all matters relative to forestry as authorized by the provisions of Sections 48-23-60 to 48-23-90, subject, however, to the supervision and control of the Commission department director. The State Forester may be removed by the Commission department director, if he is, or in the opinion of the Commission department director becomes, for any cause unsuitable or incompetent.
Section 48-23-60. The State Forester shall serve as the secretary of the Commission and shall be custodian of the books, records and papers of the Commission division which he shall keep at the headquarters designated by the Commission department director.
Section 48-23-70. (A) It is unlawful for a person to:
(1) remove a shrub, tree, or forest product or attempt to do so, from State Commission Division of Forestry land without the permission of the commission division;
(2) cut or mutilate a shrub or tree growing on State Commission Division of Forestry land without the permission of the commission division;
(3) mutilate or deface real or personal property belonging to or located upon State Commission Division of Forestry land;
(4) destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission Division of Forestry lands; or
(5) consume or display an alcoholic beverage in public on lands of the State Commission Division of Forestry, except where specifically authorized by the commission division. For purposes of this item, 'alcoholic beverage' means 'alcoholic beverage' as defined in Section 61-6-20, and beer, wine, and all other beverages defined as 'nonalcoholic beverages' in Section 61-4-10.
(B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both.
(C) In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission Division of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission Division of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made.
(D) A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both.
(E) A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission Division of Forestry for a period of one year. A person who enters State Commission Division of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission division is automatically suspended for an additional year.
Section 48-23-80. The State Commission Division of Forestry may acquire, own, sell, lease, exchange, transfer, rent, pledge and mortgage real and personal property and cooperate with all agencies of the Federal Government in all matters pertaining to reforestation and providing employment for the benefit of the public and may also cooperate with any other department of government of this State to accomplish the intent and purposes of this chapter, and any and all powers deemed necessary for the Commission division to conform to any act of Congress or to any rule or regulation promulgated by any duly authorized agency of the Federal Government is hereby vested in the Commission division.
Section 48-23-85. The Division of Forestry Commission may negotiate agreements with Federal Agencies for providing fire, detection, presuppression, and suppression services on Federal lands. The charges for these services must be no less than the cost to the Commission division for rendering the services. All receipts from services provided by the Commission division must be used to offset the cost of providing the services. When the State Forester determines the assistance received from a federal agency on adjoining private or state lands equals that provided by the state on federal lands, no charges will be made.
Section 48-23-86. The State Forester shall take immediate action upon report of a forest disaster to determine the extent of damage by conducting ground and aerial surveys including photography if necessary. When conditions warrant, the State Forester shall declare that a forest disaster exists and notify the Governor of his action.
All necessary resources of the Division of Forestry Commission may be used to assist citizens and local governments on public and private land where life or health is in danger. The Division of Forestry Commission shall also assist other state agencies, utility companies and cooperatives, in the clearing of transportation routes, and power and communication lines.
The Division of Forestry Commission shall develop a Forest Disaster Plan to provide for systematic salvage and utilization of all forest products damaged by disasters of all types. This plan shall provide methods to coordinate all forestry community interests and groups to conserve the damaged forest resources of South Carolina, protect the environment and reestablish forests on the damaged areas.
After the disaster area has resumed normal status and salvage is completed, the State Forester shall declare the forest disaster over, compile a report of the disaster, and inform the department director and the Governor.
Section 48-23-90. The Commission division shall inquire into and make an annual report to the General Assembly upon the forest conditions in the State, with reference to the preservation of forests, the effect of the destruction of forests upon the general welfare of the State and other matters pertaining to the subject of forestry and tree growth, including recommendations to the public generally as to reforestation.
It shall take such action and afford such organized means as may be necessary to prevent, control and extinguish fires, including the enforcement of any and all laws pertaining to the protection of the forests and woodlands of the State.
It shall give such advice, assistance and cooperation as may be practical to private owners of land and promote, so far as it may be able, a proper appreciation by the public of the advantages of forestry and the benefits to be derived from forest culture and preservation.
It shall cooperate with the federal government in the distribution of funds allotted to the State for forestry purposes and shall assist in the enforcement of all laws pertaining thereto. It shall have the control of the expenditure of all funds received by it.
Section 48-23-95. The State Commission Division of Forestry shall prescribe and prepare a special official summons form to be used exclusively by its forest law enforcement officers in making arrests for offenses punishable by fines not to exceed two hundred dollars or imprisonment not to exceed thirty days.
Any person charged with such offenses shall, upon service of the commission division summons by a forest law enforcement officer, appear in the court therein named at the time and place designated and such service shall vest in the court jurisdiction to hear and dispose of the charge for which the summons was issued.
Section 48-23-96. The South Carolina Division of Forestry Commission shall appoint officers for forest law enforcement whose terms of office shall be permanent unless revoked by the Commission division. Officers may be removed by the Commission division on proof satisfactory to it that they are not fit persons for such positions. Such officers shall carry out the forest law enforcement responsibilities of the Commission division, including the training of other personnel, shall enforce statutes enacted for the protection of forests and woodlands from fire, insects and diseases, and shall make arrests for violations of forestry laws.
Such officers shall have authority to obtain and serve warrants including warrants for violations of any duly enacted regulations of the Division of Forestry Commission.
The Division of Forestry Commission shall, in coordination with the Criminal Justice Academy, establish training programs consistent with the Commission's division's particular needs in forest law enforcement.
Section 48-23-97. (A) Except as provided in this section, whenever a timber buyer or timber operator purchases trees, timber, or wood by the load directly from a timber grower and the load is sold by weight, cord, or measure of board feet, the timber buyer or timber operator must furnish the timber grower or seller within thirty days of the completion of the timber harvest a separate, true, and accurate wood load ticket for each and every load of wood removed from the seller's property. At a minimum, each wood load ticket must include in writing that is clearly legible the following:
(1) the ticket number;
(2) the name and address of the person, and the location of the facility receiving, weighing, scaling, or measuring the trees, timber, or wood;
(3) the date the trees, timber, or wood was received at the facility;
(4) the tract name or landowner;
(5) county and state of origin;
(6) the dealer's name if any;
(7) the producer or logging company name;
(8) the species of wood;
(9) the type of product;
(10) the weight or scale information:
(a) if the load is measured by weight, the gross, tare, and net weights must be shown; or
(b) if the load is measured by scale, the total volume must be shown; and
(11) the weight, scale, or amount of wood deducted and the deduction classification.
(B) The provisions of this section do not apply to:
(1) the sale of wood for firewood only;
(2) a landowner harvesting and processing his own timber; and
(3) bulk or lump-sum sales for an agreed total price for all timber purchased and sold in one transaction.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than thirty days, or both.
Section 48-23-100. The State Commission Division of Forestry may grow and sell tree seedlings and transplants to landowners desiring to plant them for reforestation, wildlife, and Christmas tree purposes.
No trees may be sold by the commission division under the provisions of this section that are to be planted for table trees, potted trees, or shade trees or for ornamental use. Nothing in this section may be construed to prohibit the commission division from growing seedlings or transplants for distribution to be planted on state or federal lands, public school grounds, and other public institutions or along state highways.
All receipts from the sale of tree seedlings or transplants under the provisions of this section must be retained by the Forestry Commission Division for use by the commission division in the operation of forest tree nurseries and seed orchards.
The commission division may refund deposits placed with it for tree seedling orders.
When demand for forest tree seedlings from landowners in this State exceeds the supply available from commission division nurseries, the commission division may purchase seedlings for resale at cost plus shipping and one dollar a thousand for administrative costs. The revenue received from the resale and distribution of these seedlings must be retained in a seedling purchase revolving fund and expended only for that purpose.
Section 48-23-110. The State Budget and Control Board or a successor assigned this function shall convey to the State Commission Division of Forestry certain wastelands now owned by such Board or hereafter owned by the State, as in the judgment of the Board may be to the interest of the State for forestry development, reforestation or other uses of the State Commission Division of Forestry.
Upon the sale of trees, timber or other articles or things upon such lands conveyed to the Commission division by the Board or upon the sale of such lands so conveyed, the Commission division shall pay to the Board a sum equal to the amount chargeable against such lands at the time of such conveyance.
Section 48-23-120. The State Commission Division of Forestry may acquire, by purchase, gift or otherwise, submarginal agricultural lands and cut over forest lands in this State at an average price not to exceed five dollars per acre and in no event above ten dollars per acre and use such lands for timber production, demonstration in forestry practice, erosion and flood prevention, game sanctuaries, public shooting grounds and places of general recreation.
Section 48-23-130. The State Commission Division of Forestry may enter into agreements with the Federal Government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Commission division are desirable for State forests. When lands are acquired or leased under this section the Commission division may make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas and may sell or otherwise dispose of products from such lands and make such rules and regulations as may be necessary to carry out the purposes of this section.
Section 48-23-132. Revenue received from hunting privileges, rentals, fuel wood sales, the marketing of pine straw, merchantable timber, forest tree seed, and miscellaneous products on commission division lands, excluding Sand Hills State Forest, must be retained by the commission division to be used for reforestation of the Manchester State Forest, the development and operation of state forests and forest tree seed orchards, the maintenance of wildlife habitat, and the administration and operation of various programs on commission division holdings. The commission division may carry forward unexpended funds under this section to be used for those purposes.
Section 48-23-135. In order to finance the cost of acquiring land for use as a second generation tree seed orchard, additional seedling production facilities, and field offices, the State Division of Forestry Commission may borrow from one or more financial institutions or from whatever other source is appropriate not exceeding two million dollars for a period of time as needed, not exceeding twenty years, and upon the terms and conditions the commission division, with the approval of the State Budget and Control Board and the department director, agrees upon.
Section 48-23-136. Notwithstanding any other provision of law, for the payment of the loan and the interest thereon, there is annually pledged all revenues derived from the sale of timber from Division of Forestry Commission lands which exceed the amount of one hundred eight thousand, six hundred seventy dollars to be credited to the General Fund of the State and those funds designated for allocation to counties under the provisions of Section 48-23-260 of the 1976 Code, and all donations and revenues made available to the Commission division for this purpose. Each year, after allocation of revenue from timber sales to the General Fund, counties, and the payment of principal and interest on the loan, any remaining funds may be used for the reforestation of Division of Forestry Commission lands cut pursuant to this section and Section 48-23-135. Any unexpended balance at the close of each fiscal year must be carried forward and expended in accordance with the provisions of this section and Section 48-23-135.
Section 48-23-140. The State Commission Division of Forestry may accept and hold gifts, donations or contributions from individuals, associations, corporations, counties, municipalities, the Federal Government or other agencies and may acquire real estate for purposes within the powers and duties of the Commission division. Any gift, donation or contribution accepted and held by the Commission division under the provisions of this section shall be used for the purpose specified by the donor. The Commission division may accept conveyances and leases of real and personal property for, in the name of, and on behalf of the State from the Secretary of the Interior of the United States, subject to the terms and conditions of the act of Congress of June 6, 1942 (56 US Statutes 326).
Section 48-23-145. Compensation supplements paid commission division personnel by counties or other political subdivisions, or both, must not be extended to additional employees nor increased.
Section 48-23-150. All of such funds shall be disbursed by the State Treasurer upon warrants drawn by the State Commission Division of Forestry.
Section 48-23-160. The Commission division may sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so for the most orderly development and management of State forests, except that no such sale, lease or exchange shall be contrary to the terms of any contract which the Commission division has entered into.
Section 48-23-170. Whenever it shall become necessary to execute deeds, mortgages or contracts to carry out any of the provisions of this chapter the Commission division may, by resolution duly adopted, delegate the execution and delivery of any such documents to the chairman of the Commission Director of the Department and the State Forester. Such instruments shall be executed in the name of the State Commission Division of Forestry, shall be signed by the chairman department director and by the State Forester and, in case of deeds or mortgages, shall be witnessed and probated as required by law. Such instruments, when so authorized by resolution of the Commission division, executed as above set out and delivered, shall be in all respects the acts of the State Commission Division of Forestry and shall be binding upon it as fully as if executed by the members of the Commission themselves the division.
Section 48-23-180. The State Commission Division of Forestry may mark or tally trees under approved forestry practices preparatory to the cutting or using of such trees for lumber, veneer, poles, piling, pulpwood, cordwood and all other forest products when and if requested by the landowner or his agent. The landowner or his agent shall pay to the Commission division for such services for forested tracts of five hundred acres or less five per cent of the sale price of the stumpage so marked within thirty days following the removal of the timber or ten per cent of the agreed upon value of the products so marked and for all forested tracts in excess of five hundred acres such amount on the first five hundred acres and twenty per cent of the sale price of the stumpage so marked upon all acres in excess of five hundred. Such amount shall be paid by the Commission division to the State Treasurer and by him credited to the Federal revolving fund now in existence, for use for the purpose of this section and for general forestry purposes.
Section 48-23-190. The State Commission Division of Forestry may permit telephone line attachments to its poles under such terms and conditions as the Commission division deems advisable and charge standard rental rates therefor. But before the Commission division shall grant authority for such attachments it shall require the applicant to sign an agreement prescribed by the Commission division, setting forth the terms and conditions under which such attachments shall be installed and maintained.
Section 48-23-200. The State Commission Division of Forestry may make such rules and regulations as it deems advisable for the protection, preservation, operation and maintenance, and for the most beneficial service to the general public, of the State forests in this State. These regulations shall be upon approval of and acting through the Department of Environment and Natural Resources.
Section 48-23-210. The Commission division may pledge fifty per cent of the net income from lands acquired under Section 48-23-120 for the repayment of labor costs incurred under Federal laws pertaining to reforestation, should such be made a requisite by the Federal Government.
Section 48-23-220. The State Commission Division of Forestry may borrow from time to time sums of money not exceeding five hundred thousand dollars from any source available and issue evidences of indebtedness therefor in the form of notes or bonds, as may be determined by the Commission division, at a rate of interest not exceeding six per cent per annum, payable either annually or semiannually, as the Commission division may determine, and with such maturities as may be determined by the Commission division, not exceeding, however, twenty years from the date of issue of the first obligation issued hereunder. The Commission division may secure any sums borrowed under the terms hereof by mortgage of any property owned by it and it may also pledge any and all income of every kind and pledge any and all rents, incomes, issues and profits accruing to it from any of its properties and any rights or privileges accruing to it under any contract of sale or lease. Unless otherwise provided herein, all of the details of any loan and the manner of execution of the evidences of indebtedness and of the mortgages or other security authorized to be pledged shall be within the discretion of the Commission division.
Section 48-23-230. The State is in no manner liable for any debt incurred under the terms of Section 48-23-220 but all such obligations shall be met by the State Division of Forestry Commission out of moneys coming into its hands from the property pledged and at least fifty per cent of its income from sales, issues, rents, profits and leases shall be applied annually to the payment of principal and interest due on any such loan.
Section 48-23-240. Obligations for the acquisition of land incurred by the Commission division under the authority of Section 48-23-130 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State.
Section 48-23-250. The revenues derived from lands owned by the Commission division shall be segregated by the State Treasurer for the use of the Commission division in the acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Fifty per cent of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe and fifty per cent shall be paid into the school fund of the county in which the lands are located.
Section 48-23-260. The State Treasurer shall pay to any county containing State forest lands an amount equal to twenty-five per cent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, poles, gravel, land rentals and other privileges on such State forest lands in any such county. This provision shall apply to all State forest lands managed or operated by the State Commission Division of Forestry whether they be owned in fee by the State or leased from the United States, but this provision shall not apply to State parks. The funds herein provided for shall be spent for general school purposes. Where a particular State forest lies in more than one county or school district, the funds derived from such State forest and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section shall be spent upon the approval of a majority of the county legislative delegation, including the Senator Senators.
Section 48-23-270. (1) The State Commission Division of Forestry is hereby authorized to expend annually an amount not to exceed one half the total receipts derived annually from the State parks (sale of timber products only) under the administration of the Commission division in order to commence a program not exceeding seven years to carry out scrub oak eradication operations, timber stand improvement and other management activities on State park lands and for the reforestation of such treated areas. Provided However, the State Commission Division of Forestry shall first expand such funds as are derived hereunder for necessary reforestation projects and fixtures within the park from which timber has been cut and only thereafter shall such funds be expended on other State parks. The other half of the total receipts derived annually from the State parks and all unexpended funds, at the end of each fiscal year, heretofore herein authorized to be spent by the State Commission Division of Forestry for the purposes herein stated, shall be deposited to the general fund of the State. Provided However, the State Treasurer shall pay to any county containing State park lands an amount equal to twenty-five per cent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, and other timber products on such State park lands in any such county, which said payments shall be in lieu of taxes. This provision shall apply to all State park lands managed or operated by the State Commission Division of Forestry whether they be owned in fee by the State or leased from the United States and irrespective of Section 48-23-260. Where a particular State park lands lies in more than one county, the funds derived from such State park lands and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provision of this section shall be spent upon the approval of a majority of the county legislative delegations, including the Senator Senators. The Commission division may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. All timber shall be cut consistent with good forestry practices and such cutting shall not impair the value of the State parks as to beauty or for recreational purposes and no such timber shall be cut without the approval of the State Budget and Control Board.
(2) The program herein authorized shall commence as soon as is practicable after June 8, 1965. Provided, that However no expenditures or contracts authorized by this section shall be made without the approval of the State Budget and Control Board and the department director.
Section 48-23-280. The Commission division may expend annually an amount not to exceed the total receipts derived annually from the State forests under the administration of the Commission division in order to commence a program not exceeding seven years to carry out scrub oak eradication operations on the Manchester and Sandhills State Forests and for the reforestation of such treated areas at a minimum rate of four thousand acres annually. The Commission division may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. The program authorized in this section shall commence as soon as is practicable after May 24, 1960. No expenditures or contracts authorized by this section shall be made without the approval of the State Budget and Control Board and the department director. The provisions of this section shall in no way affect the provisions of Section 48-23-260.
Section 48-23-290. The State Commission Division of Forestry may use the income from the Sand Hills State Forest, with the approval of the State Budget and Control Board and the department director, for the operation, development, and obligations of the forest and other purposes. Income not expended in one year must be retained by the commission division and carried forward each year for use pursuant to this section. The commission division shall promulgate regulations necessary to carry out this section.
Section 48-23-295. (A) The State Commission Division of Forestry may make available forestry services consisting of scientific, technical, and practical services to landowners of the State to assist them in the afforestation, reforestation, and maximum production of their woodland. These services consist of specialized equipment and operators or rental of the equipment to perform labor and services necessary to carry out approved forestry practices including mechanical and chemical site preparation, processing forest tree seed, forest tree planting, insect and disease control, prescribed burning, firebreak plowing, and other appropriate practices to assist landowners in maximum production of their woodland.
(B) For the services or rentals a reasonable fee representing the commission's division's estimate of not less than the cost of the services or rentals must be charged. When the State Forester considers it in the public interest the services may be provided without charge to encourage the use of approved scientific forestry practices on private or other forestlands within the State or for the purposes of providing practical demonstrations of the practices.
(C) One hundred percent of the receipts from these activities and rentals must be retained by the commission division for administration and operation of the forestry services program in the units which the estimated costs determine the fees charged generating these receipts, provided, the receipts from processing forest tree seed may be used agencywide. The administration of this section is under the State Forester. The landowner shall compensate the commission division according to rates established by it. The commission division may carry forward unexpended funds under this subsection to be used for these purposes.
(D) The commission division may cooperate and offer the same services to counties, municipalities, and state agencies and make the forestry services and rental equipment available to them. Counties, municipalities, and state agencies shall reimburse the commission division according to its fee schedule."
SECTION 208. Section 48-28-30 of the 1976 Code is amended to read:
"Section 48-28-30. As used in this chapter:
1. 'Commission' shall mean the State Commission of Forestry.
2. 'State Forester' shall mean the director head of the State Commission Division of Forestry.
32. 'Eligible landowner' shall mean a private individual, group, partnership, association, corporation or other legal entity which owns nonindustrial private forest lands capable of producing industrial wood crops. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this chapter, as one eligible landowner and shall be entitled to receive cost-sharing payments as provided herein. Private entities which engage in the business of manufacturing forest products, including, but not limited to, sawmills, pulp mills, paper mills, plywood plants, oleoresin plants or providing public utilities services of any type or the subsidiaries of such entities shall not be included in such definition but private individual forest landowners who are stockholders in such business are included.
4.3. 'Eligible lands' shall mean land owned by an eligible landowner.
5.4. 'Cost-sharing payment' shall mean financial assistance to partially cover the cost of implementing approved practices in such amounts as the State Forester shall determine, subject to the limitations of this chapter.
6.5. 'Approved practices' shall mean those silvicultural practices approved by the State Forester for the purpose of commercially growing timber through the establishment of forest stands or of ensuring the proper regeneration of forest stands to commercial production levels following the harvest of timber. Such practices shall include those required to accomplish site preparation, natural and artificial reforestation, noncommercial removal of undesirable vegetation for silvicultural purposes and cultivation of established young growth of desirable trees. In each case, approved practices shall be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to ensure both maximum forest productivity and environmental protection.
7.6. 'Approved forest management plan' shall mean a forest management plan approved by the State Forester for an eligible landowner. Such plan shall include forest management practices to ensure both maximum forest productivity and environmental protection of the lands to be treated under the management plan.
8.7. 'Forest renewal fund' shall mean the special nonlapsing fund provided by Section 48-28-100 established in the Commission designated as the forest renewal fund.
9.8. 'Forest renewal assessment' shall mean an assessment on primary forest products from timber severed in South Carolina for the funding of the provisions of this chapter.
10.9 'Slippage' shall mean the difference in funds earmarked in the management plan for an approved practice and funds actually earned when the practice is completed."
SECTION 209. Section 48-29-20 of the 1976 Code is amended to read:
"Section 48-29-20. The purpose and intent of this chapter is to place with the State Commission Division of Forestry the authority and responsibility for action programs to detect and control forest pest outbreaks in South Carolina. The establishment of quarantine regulations and other actions to prevent the introduction into or the spread of introduced forest pests in South Carolina shall remain the responsibility of the State Crop Pest Commission, and the provisions of this chapter shall not abrogate or change any power or authority vested in the State Crop Pest Commission except as defined herein in regard to action programs to detect and control forest pests."
SECTION 210. Section 48-29-30 of the 1976 Code is amended to read:
"Section 48-29-30. Whenever a forest pest outbreak is suspected, the State Commission Division of Forestry shall make surveys and observations, consulting with the State Crop Pest Commission's technical personnel for assistance with evaluation of pest populations and survey data. If the State Commission Division of Forestry determines that a forest pest outbreak exists and control measures are deemed necessary, it shall:
(a) Establish a control zone, and designate and clearly describe the boundaries.
(b) Give notice to all affected forest landowners within the control zone of the existence of the control zone and the actions to be taken under this chapter.
(c) Be responsible for surveys in conjunction with the determined action programs."
SECTION 211. Section 48-29-40 of the 1976 Code is amended to read:
"Section 48-29-40. Whenever the State Commission Division of Forestry determines that a forest pest outbreak cannot be or is not being controlled by the forest landowners in the control zone, the State Commission Division of Forestry is authorized to:
(a) Take necessary measures to control the forest pest.
(b) Procure necessary equipment, supplies and services to control, suppress, or eradicate the forest pest.
(c) Enter into agreements with the United States Forest Service or other federal or State agencies, corporations, and others to carry out the provisions of this chapter."
SECTION 212. Section 48-29-50 of the 1976 Code is amended to read:
"Section 48-29-50. The State Commission Division of Forestry or its authorized agents shall have the power to go upon any land in the State to investigate, take measures to control, suppress, or eradicate forest pests. If any person refuses to allow the State Commission Division of Forestry or its agents to go upon his land to carry out the purposes of this chapter, or interferes with the investigation and control of forest pests, the State Commission Division of Forestry may apply to any court of competent jurisdiction for an injunction or other appropriate means to restrain the person from interfering with the State Commission Division of Forestry or its agents."
SECTION 213. Section 48-29-60 of the 1976 Code is amended to read:
"Section 48-29-60. When the State Commission Division of Forestry determines that pest control work within an established control zone is no longer necessary or feasible, the State Commission Division of Forestry shall dissolve the zone."
SECTION 214. Section 48-30-30(A)(4) of the 1976 Code is amended to read:
"4. 'State Forester' shall mean director Head of the State Commission Division of Forestry."
SECTION 215. Section 48-33-20 of the 1976 Code is amended to read:
"Section 48-33-20. For the purpose of this chapter all lands shall be construed as 'forest land' which have enough forest growth, standing or down, or have sufficient inflammable debris or grass, outside of corporate limits, to constitute, in the judgment of the State Commission Division of Forestry, a fire menace to itself or adjoining lands."
SECTION 216. Section 48-33-40 of the 1976 Code is amended to read:
"Section 48-33-40. All forest fire protection work shall be under the direction and supervision of the State Commission Division of Forestry, through the State Forester, subject to the provisions of this chapter and the laws of the State enacted relative to forestry and forest fire prevention and suppression."
SECTION 217. Section 48-33-50 of the 1976 Code is amended to read:
"Section 48-33-50. There shall be set up in each county a board, to be known as the county forestry board, consisting of five members, who shall be appointed by the Director to the Department of Environment and Natural Resources after consultation with the State Commission Head of the Division of Forestry on the recommendation of a majority of the county legislative delegation in the House of Representatives and the Senator Senators of such county. The members shall be residents of the county from which they are appointed. Change of residence from the county shall terminate the appointment. The initial term of all the members of the county forestry boards having been one for one year, one for two years, one for three years, one for four years and one for five years, the terms of the members of each board since appointed have been and shall hereafter be for five years, each member holding office until his successor is appointed, so that one member shall be appointed annually.
In case of a vacancy or termination of appointment on a county forestry board, such vacancy shall be filled in the same manner as provided for the appointment of members thereof, except that if a vacancy shall exist in the office of member of a county forestry board for more than two months the then existing members of the county forestry board may recommend for appointment some suitable person to fill such vacancy and the Director of the Department of Environment and Natural Resources after consultation with the State Commission Head of the Division of Forestry shall make the appointment on such recommendation.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 218. Section 48-33-70 of the 1976 Code is amended to read:
"Section 48-33-70. The State Commission Division of Forestry shall prepare for each county forestry board a plan for forest fire protection for the fiscal year and present such plan at the July meeting of the board. It shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection."
SECTION 219. Section 48-33-80 of the 1976 Code is amended to read:
"Section 48-33-80. The State Commission Division of Forestry, any of its authorized agents and any member of a county forestry board may, at any or all times, go upon any land for the purpose of preventing or controlling forest fires, as defined herein, without making themselves liable for trespassing."
SECTION 220. Section 48-33-90 of the 1976 Code is amended to read:
"Section 48-33-90. The title to all property acquired incident to carrying out the provisions of this chapter shall be vested in the State Commission Division of Forestry."
SECTION 221. Section 48-34-20 of the 1976 Code is amended to read:
"Section 48-34-20. As used in this chapter:
(1) 'Prescribed fire' means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. It also is known as 'controlled burn'.
(2) 'Certified prescribed fire manager' means an individual who successfully completes a certification program approved by the State Commission Division of Forestry.
(3) 'Prescribed fire plan' means a written prescription for starting and controlling a prescribed fire."
SECTION 222. Section 48-34-30 of the 1976 Code is amended to read:
"Section 48-34-30. The State Commission Division of Forestry shall promulgate regulations for the use of prescribed fire and for the certification of prescribed fire managers."
SECTION 223. Section 48-36-30 of the 1976 Code is amended to read:
"Section 48-36-30. The State Commission Division of Forestry is the designated agency in South Carolina to provide public oversite and guidance for technical forest management practices and related activities in laws pertaining to forest lands. To carry out this charge, the commission division may enter into contracts and memorandums of understanding with other state or federal agencies. The commission division shall establish Best Management Practices, related monitoring programs, and other programs to assure that forestry practices are in compliance with state and federal regulations."
SECTION 224. The third paragraph of Article III, Section 48-37-20 of the 1976 Code is amended to read:
"There shall be established an advisory committee of legislators, division of forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the governor of each member state shall appoint two representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote."
SECTION 225. Section 48-37-40 of the 1976 Code is amended to read:
"Section 48-37-40. In pursuance of Article III of the compact as set out in Section 48-37-20, the State Forester of the State Commission Division of Forestry shall act as compact administrator for the State of South Carolina during his term of office as State Forester, and his successor as compact administrator shall be his successor as State Forester. As compact administrator he shall be an ex officio member of the Southeastern Interstate Forest Fire Protection Compact advisory committee, and chairman ex officio of the South Carolina members of such advisory committee. There shall be four members of the advisory committee from this State. Two of the members from this State shall be members of the General Assembly, one from the Senate and one from the House of Representatives, designated by the South Carolina Commission on Interstate Cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner.
The Governor shall appoint the other two members from this State, one of whom shall be associated with forestry or forest products industries. The terms of such members shall be three years and such members shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring in the office of such members from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The State Forester as compact administrator for this State may delegate, from time to time, to any deputy or other subordinate in his department division or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships of the advisory committee, whether appointed at such time or not, shall begin upon the date upon which such compact shall become effective in accordance with Article II of the compact. Any member of the advisory committee may be removed from office by the Governor upon charges and after a hearing."
SECTION 226. Section 48-37-60 of the 1976 Code is amended to read:
"Section 48-37-60. Any powers granted in this chapter to the State Commission Division of Forestry shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in the Commission division by other laws of the State of South Carolina or by the laws of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia, and West Virginia or by the Congress or the terms of such compact."
SECTION 227. Section 49-29-160 of the 1976 Code is amended to read:
"Section 49-29-160. The department Division of Natural Resources shall formulate comprehensive water and related land use plans for the three classes of scenic rivers. Each plan must address access of electricity, natural gas, and communication lines or other facilities for permitted uses for each class of river facilities. Each plan must also address criteria for permitting the crossing of each class of scenic river by sellers of electric energy, natural gas, or communication services. In developing these criteria, the department division must consider the state of available technology, the economics of the various alternatives, and that electric, natural gas, and communication suppliers are required to deliver their services. The department division must recognize that emergency situations will arise that require immediate action and must make provision in the management plan to allow this action.
In the comprehensive plan for the river classes, the following general land and water use practices are permitted or prohibited depending on the class:
(1) In natural river areas, no new roads or buildings may be constructed and there may be no mining and no commercial timber harvesting.
(2) In scenic and recreational river areas, the continuation of present agricultural practices such as grazing and the propagation of crops, including timber, is permitted. The construction of farm-use buildings is permitted if it is found to be compatible with the maintenance of scenic qualities of the stream and its banks. There may be no construction of roads paralleling the river within the limits of a scenic easement or public access area. The harvesting of timber is permitted provided the landowner follows the best management practices for forested wetlands as approved by the South Carolina Division of Forestry Commission. Mining activities are permitted pursuant to a mining permit issued under the provisions of Chapter 19 of the 'South Carolina Mining Act'. Construction for public access related to recreational use of these scenic river areas is allowed in accordance with Section 49-29-140."
SECTION 228. Section 50-1-200 of the 1976 Code is amended to read:
"Section 50-1-200. The provisions of Sections 50-1-180 to 50-1-230 shall also apply to (a) other properties of the United States Government, (b) any other properties acquired or to be acquired from the United States Government by the State or (c) any other lands or waters purchased by the United States or the State. But However, hunting and fishing shall not be allowed on any lands under the control or ownership of the State Commission Division of Forestry except by written agreement with that Commission division. Nothing contained in such sections shall interfere in any manner with the use and management of lands by a state agency in charge of such lands in the functions of such agency as authorized by law."
SECTION 229. Section 50-2-50 of the 1976 Code is amended to read:
"Section 50-2-50. (A) No established forestry operation is or may become a nuisance, private or public, if the forestry operation adheres to best management practices as promulgated by the South Carolina Division of Forestry Commission. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of a forestry operation.
(B) For the purposes of this chapter, the established date of operation is the date on which the forestry operation commenced operation. If the operation is expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the forestry operation of a previously established date of operation.
(C) An ordinance of a county or municipality that makes a forestry operation following best management practices as promulgated by the South Carolina Division of Forestry Commission a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of a forestry operation."
SECTION 230. Section 50-11-950 of the 1976 Code is amended to read:
"Section 50-11-950. The lands owned by Brookgreen Gardens, as an eleemosynary corporation for southeastern flora and fauna, in Georgetown County and all streams, creeks, and waters, fresh, salt or mixed, entering into the lands are established as a sanctuary for the protection of game, other birds, and animals, and any hunting, shooting, fishing, or trespassing on the lands or waters is prohibited, except such hunting and shooting as may be carried on by permission of the trustees of Brookgreen Gardens, granted at an annual meeting of the trustees. Permission for hunting and shooting is not granted by the trustees unless it is apparent to them that there is an excess of deer or other game which may cause damage to the gardens or other property owned by the trustees. The public is allowed to fish in the Atlantic Ocean from the beaches of the area and in the saltwater creeks entering into it, under such regulations as may be promulgated by the Department of Parks, Recreation and Tourism having due regard for the safety of bathers and convenience of other users of the park. The trustees of the Brookgreen Gardens Corporation or the State Commission Division of Forestry shall post signs along the outer boundaries of the land and at the mouths of all streams and creeks notifying the public that the area is a sanctuary and closed to hunting and fishing, except as authorized by the terms of this section.
Nothing herein abridges or curtails the rights of the department Division of Natural Resources to control and permit the oyster bottoms in the area under its jurisdiction.
Any person convicted of violating the provisions of this section is guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not exceeding thirty days."
SECTION 231. Section 51-1-60(e) of the 1976 Code is amended to read:
"(e) to use all available services of the several agencies in the management of timber and game and such agencies when requested by the director shall render such cooperation and assistance as may be necessary; provided, that the State Division of Forestry Commission shall continue the forestry program authorized under the provisions of Section 48-23-270."
SECTION 232. Section 56-5-4715 of the 1976 Code is amended to read:
"Section 56-5-4715. Notwithstanding Section 56-5-4700, emergency and fire fighting vehicles of the South Carolina Division of Forestry Commission may but not need be equipped with oscillating, rotating, or flashing red lights for use during any fire emergency. If a red light is used, it must be visible for a distance of five hundred feet in all directions in normal sunlight. The State Division of Forestry Commission shall determine which vehicles should have red, yellow, white, or amber lights, or a combination thereof, and determine when a fire emergency exists. A forestry vehicle equipped with a red light is not required to have a siren or any other audible signal pursuant to Section 56-5-4700(a)."
SECTION 233. Section 57-23-120 of the 1976 Code is amended to read:
"Section 57-23-120. In order to carry out the provisions of this article, the Department of Transportation shall provide for appropriate markers designating the highway as the Cherokee Foothills Scenic Highway, and the State Division of Forestry Commission, the Department of Parks, Recreation and Tourism, and all other state agencies or governmental entities shall cooperate with the Department of Transportation."
SECTION 234. Section 57-25-490 of the 1976 Code is amended to read:
"Section 57-25-490. In order to carry out the provisions of this article and to make the highway a scenic highway, the State Division of Forestry Commission, the Department of Parks, Recreation and Tourism, and all other state agencies or governmental entities shall cooperate with the Department of Transportation."
SECTION 235. Section 57-25-700 of the 1976 Code is amended to read:
"Section 57-25-700. In order to carry out the provisions of this article and to make the highway a scenic highway, the Department of Transportation shall provide for appropriate markers designating the highway as the John C. Calhoun Memorial Highway, and the State Division of Forestry Commission, the Department of Parks, Recreation and Tourism and all other state agencies or governmental entities shall cooperate with the Department of Transportation."
SECTION 236. (1) The term "board" as used in Title 50 and in other provisions of law when referring to the Board of the former Department of Natural Resources unless otherwise stated shall be construed to mean the Director of the Department of Environment and Natural Resources. The term "department" as used in Title 50 and in other provisions of law when referring to the former Department of Natural Resources shall be construed to mean the Division of Natural Resources of the Department of Environment and Natural Resources.
(2) The term "commission" as used in Title 48 and in other provisions of law when referring to the former State Forestry Commission shall be construed to mean the Division of Forestry of the Department of Environment and Natural Resources.
(3) The Code Commissioner is directed to make appropriate reference changes in the 1976 Code to reflect the provisions of items (1) and (2)
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) 'Secretary' means the chief administrative officer of the Department of Health and Human Services.
"Division" means the Division of Research and Statistical Services of the State Budget and Control Board.
(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) 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.
(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 to 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 of Health Services Purchasing;
(3) Bureau of State Health Insurance Plans Services;
(4) 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 Bureau of Health Services Purchasing shall purchase health services for certain state agencies that provide health services to clients including, but not limited to the Department of corrections and Probation and the Department of Juvenile Justice. The General Assembly shall appropriate such health services funds to the Bureau of Health Services Purchasing which shall procure these services for or on behalf of these agencies.
(D) The Bureau of State Health Insurance Plans Services shall administer the state health and dental insurance plans for active and retired state employees and may offer other health-related insurance programs.
(E) 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 provided for in law, the Bureau of Medicaid Services may not engage in the delivery of services. The General Assembly shall appropriate to the Bureau of Medicaid Services all state agency Medicaid matching funds which shall be consolidated to match federal funds, the combination of which shall be used to reimburse state agency claims for Medicaid reimbursable services.
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 Health Services is comprised of the following bureaus:
(1) Bureau of Health Program;
(2) Bureau of Long-Term Care Facilities;
(3) Bureau of Behavioral Health Services;
(4) Bureau of Special Needs Services.
(B) The Bureau of Health Programs is comprised of the following health services and other health services as may be provided by law;
(1) infectious disease prevention;
(2) maternal and child health;
(3) chronic disease prevention;
(4) access to care;
(5) drug control;
(6) rape violence prevention;
(7) independent living;
(8) home healthcare;
(9) health facilities and services development;
(10) health facilities licensing;
(11) certification and inspection of care;
(12) emergency medical services.
(C) 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.
(D) The Bureau of Behavioral Health Services is comprised of the following:
(1) Office of Mental Health;
(2) Office of Alcohol and Other Drug Abuse Services those alcohol and drug abuse facilities operated by the former Department of Vocational Rehabilitation including, but not limited to, Palmetto Center and Holmesview Center and the Earle E. Morris, Jr. Alcohol and Drug Addiction Treatment Center operated by the former Department of Mental Health.
(E) The Bureau of Special Needs Services is comprised of the following:
(1) Office of Disabilities and Special Needs; and
(2) Office of Babynet Services.
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 Employment Security;
(2) Bureau of Vocational Rehabilitation;
(3) Bureau of Social Services including the Administration of the Child Development and Social Services Block Grants, formerly administered by the former Department of Health and Human Services;
(4) Bureau of Senior Services including:
(a) Office of Aging/Aging Network;
(b) Office of Adult Protective Services;
(5) Bureau of Services for the Blind
(6) Bureau of Enhanced Education Services including:
(a) School for the Deaf and Blind
(b) John De La Howe School
(c) Wil Lou Gray Opportunity School.
Section 44-6-60. (A) The Division of Advocacy and Service Coordination is comprised of:
(1) Bureau for Foster Care Review;
(2) Bureau of Guardian ad Litem Services;
(3) Bureau of Continuum of Care and Managed Treatment Services which includes, managed treatment services provided by the former Department of Social Services;
(4) Bureau of Children's Case Resolution Services;
(5) Bureau of Childcare Regulation;
(6) Bureau of First Steps to School Readiness;
(7) Bureau of the Developmental Disabilities Council;
(8) Bureau of Ombudsman 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 may be needed.
Section 44-6-80. The department must submit to the Governor, the State Budget and Control Board, and the General Assembly an annual report concerning the work of the department 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 Governor and the General Assembly of substantive issues.
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 appoint an undersecretary for each division and the chief of each bureau within a division, all of whom shall serve at the pleasure of the secretary. The chief of each bureau has sole 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 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 44-6-133. 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 Office of Health and Licensing in the Bureau of Health Programs.
(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. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the division 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) '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 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 division 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.
(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 division 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 Department of Health and Human Services, Division of Health Services 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 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 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.
(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 Chief or his designee of the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services;
(14) the executive director Undersecretary of the Division of Health Care Financing or his designee of the State Department of Health and Human Services;
(15) 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 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. Provided, however, committee 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. The council shall make periodic recommendations to the committee 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 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, 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 Bureau of Health Programs 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 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 44-6-320. 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services 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. Article 5, Chapter 11, Title 1 of the 1976 Code is amended to read:
Section 1-11-710. (A) The State Budget and Control Board Department of Health and Human Services, Division of Health Care Financing, Bureau of State Health Insurance Plans Services 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 bureau shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. Provided that the Budget and Control Board bureau, 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 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 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 bureau may authorize the Insurance Reserve Fund 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 bureau, 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 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 Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services;
(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 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 Bureau of Health Insurance Services, 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 bureau may adjust the premiums during the coverage period based on experience. An entity which withdraws from participation may 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 bureau 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 bureau in satisfaction of the delinquency.
Section 1-11-730. (A) A person covered by the state health and dental insurance plans who terminates employment with at least twenty years retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system is eligible for the plans effective on the date of retirement under a state retirement system, if the last five years are consecutive and in a full-time permanent position with a state-covered entity.
(B) A member of the General Assembly who leaves office or retires with at least eight years credited service in the General Assembly Retirement System is eligible to participate in the plans by paying the full premium costs as determined by the State Budget and Control Board Bureau of State Health Insurance Plans Services.
(C) An active employee retiring with ten or more years of state-covered entity service credited under a state retirement system is eligible for state-paid premiums, if the last five years are consecutive and in a full-time permanent position with a state-covered entity.
(D) A person covered by the plans who retires with at least five years' state-covered entity service credited under a state retirement system is eligible to participate in the plan by paying the full premium costs as determined by the board bureau, if the last five years are consecutive and in a full-time permanent position with a state-covered entity.
(E) All state and school district employees employed before July 1, 1984, who were or would have been eligible for the plans upon completion of five years service are exempt from the provisions of this section and are eligible for the plan effective on the date of their retirement.
(F) A former municipal or county council member of a county or municipality which participates in the state health and dental insurance plans who served on the council for at least twelve years and who was covered under the plans at the time of termination is eligible to maintain coverage under the plans if the former member pays the full employer and employee contributions and if the county or municipal council elects to allow this coverage for former members.
(G) A person covered by the state health and dental plans who terminated employment with at least eighteen years retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system prior to 1990 is eligible for the plans effective on the date of retirement, if this person returns to a state-covered entity and is covered by the state health and dental plans and completes at least two consecutive years in a full-time, permanent position prior to the date of retirement.
Section 1-11-740. The Division of Insurance Services of the State Budget and Control Board Bureau of State Health Insurance Plans Services may develop an optional long-term care insurance program for active and retired members of the various state retirement systems depending on the availability of a qualified vendor. A program must require members to pay the full insurance premium.
Section 1-11-750. The Budget and Control Board shall devise a method of withholding long-term care insurance premiums offered under Section 1-11-740 for retirees if sufficient enrollment is obtained to make the deductions feasible.
Section 1-11-760. (A) As used in this section:
(1) 'Alcohol or substance abuse' means a condition or disorder involving alcohol or substance abuse that falls under any of the categories listed in the Diagnostic and Statistical Manual IV or subsequent editions.
(2) 'State health insurance plan' means health insurance plans offered or administered by the State Budget and Control Board Bureau of State Health Insurance Plans Services. This definition does not include dental insurance, accidental death and dismemberment insurance, disability insurance, long-term care insurance, or any other supplemental health insurance plan offered or administered by the State Budget and Control Board bureau.
(3) 'Mental health condition' means any mental or nervous condition that is caused by a biological disorder of the brain and results in a clinically significant or psychological syndrome or pattern that substantially limits the functioning of the person with that illness, limited to: schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, pervasive developmental disorder or autism, panic disorder, obsessive-compulsive disorder, social anxiety disorder, anorexia, bulimia, asperger's disorder, intermittent explosive disorder, post-traumatic stress disorder, psychosis not otherwise specified when diagnosed in a child under seventeen years of age, Rett's disorder, or Tourette's disorder.
(4) 'Term or condition' means any lifetime or annual payment limits, deductibles, copayments, coinsurance, out-of-pocket limits, visit limits, or any other cost-sharing requirements.
(B) The state health insurance plan shall provide coverage for medically necessary treatment of a mental health condition and alcohol or substance abuse and shall not establish any term or condition that places a greater financial burden on an insured for access to treatment for a mental health condition or alcohol or substance abuse than for access to treatment for a physical health condition. Any deductible or out-of-pocket limits required under the state health insurance plan must be comprehensive for coverage of mental health conditions, alcohol or substance abuse, and physical health conditions.
(C) If the state health insurance plan does not otherwise provide for management of care under the plan or does not provide for the same degree of management of care for all health conditions, it may provide management of care for medically necessary treatment of mental health conditions and alcohol or substance abuse as long as the management of care does not diminish or negate the purpose of this section. The management of care must also ensure that timely and appropriate access to care is available, that the quantity, location, and specialty distribution of health care providers is adequate, and that administrative or clinical protocols do not reduce access to medically necessary treatment for any insured.
(D) To be eligible for coverage under this section for the treatment of a mental health condition or alcohol or substance abuse, the treatment must be rendered by a licensed health professional who is acting within the scope of his or her license and in accordance with the provisions of the plan or contract.
(E) A portion of the increase in total health insurance costs resulting from the application of the provisions of the section must be borne by persons covered by the state health insurance plan.
(F) The state health insurance plan may opt out of the requirements of this section if, as a result of the application of this section, the total health insurance costs of the state health insurance plan increase by more than:
(1) one percent by the end of the three-year period beginning January 1, 2002, and ending December 31, 2004; or
(2) 3.39 percent at any time beginning January 1, 2002, and ending December 31, 2004."
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 Division of Health Care Financing. 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 Division of Health Care Financing, 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 7. Article 7, Chapter 5, Title 43 of the 1976 Code is amended to read:
Section 43-5-910. This article may be cited as the 'WIC Vendor Act' and unless the context otherwise requires:
(1) 'Department Bureau' means the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(2) 'WIC' means the Special Supplemental Food Program for Pregnant and Breastfeeding Women, Infants, and Children.
(3) 'Vendor' means any food store or pharmacy approved for participation in the WIC Program which has a valid WIC Vendor Agreement on file at the WIC Program office.
(4) 'Person' means any individual, corporation, partnership, association, firm, trust, estate, or any other legal entity.
Section 43-5-920. The department Bureau of Health Programs is granted the authority and responsibility for the effective and efficient administration of the WIC Program within South Carolina, as may be delegated by the federal government pursuant to federal act and regulation.
Section 43-5-930. The department Bureau of Health Programs may promulgate and enforce regulations to govern the participation of vendors in the WIC Program including a point system to determine periods of disqualification; to impose other sanctions and civil penalties for violation of this article and regulations issued under it; and to prescribe any other policies or practice requirements to implement the purpose of this article.
Section 43-5-940. The department Bureau of Health Programs has the authority to:
(1) enter into agreements with vendors in order to provide supplemental foods for program participants;
(2) hold hearings, compel attendance of witnesses, and make findings and determinations;
(3) issue, revoke, and modify orders relating to the administration of the WIC Program;
(4) establish and impose disqualification periods for persons not meeting the terms of the WIC Vendor Agreement or violating regulations;
(5) establish and impose a point system to be used to determine the disqualification period;
(6) recover monies from any vendor who overcharges the department bureau;
(7) settle or compromise any action or cause of action for the recovery of a penalty or monies under this article as it may consider advantageous to the State.
Section 43-5-950. Any person who violates any of the provisions of this article, or any regulation, agreement, final determination, or order of the department Bureau of Health Programs is guilty of a misdemeanor and upon conviction must be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars for each day's violation or be imprisoned for a period not to exceed one year, or both.
Section 43-5-960. Any person violating any of the provisions of this article or any regulation, agreement, final determination, or order of the department Bureau of Health Programs is subject to disqualification, or a civil penalty not to exceed five thousand dollars each day of the violation, or both.
Section 43-5-970. A decision of the department Bureau of Health Programs imposing disqualification, penalties, or requiring a vendor to refund monies for overcharging may be appealed pursuant to the state Administrative Procedures Act and the department bureau's Contested Cases Regulation."
SECTION 8. Chapter 1, Title 44 of the 1976 Code is amended to read:
Section 44-1-20. (A) There is hereby created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services which must be supported by an advisory board which shall consist of seven members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the chairman of the board pursuant to Section 1-3-240(B); however, the Governor may only remove the other board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, three shall be appointed for two years and four shall be appointed for four years. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, race, gender, and other demographic factors should be considered to 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.
(B) For purposes of this chapter, 'bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
Section 44-1-30. The advisory board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.
Section 44-1-40. The Secretary of the Department of Health and Human Services the board shall select appoint a director chief for the department Bureau of Health Programs who shall serve a four-year term and who shall have such authority and perform at the pleasure of the Secretary such duties as may be directed by the board Secretary. The salary of the director bureau chief shall be fixed by the board Secretary, upon approval of the State Budget and Control Board. For any vacancy occurring in the office of director the bureau chief on or after February 1, 1995, the board Secretary, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board secretary may remove a director the bureau chief only after consultation with and approval by the Governor.
Section 44-1-50. The board Bureau of Health Programs may conduct such hearings as may be required by law, as considered necessary by the board bureau, and as necessary to hear appeals from decisions of administrative law judges required by the Administrative Procedures Act 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 chief of the bureau shall provide for the administrative organization of the department bureau and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board bureau chief 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 44-1-70. All rules and regulations promulgated by the Board shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
Section 44-1-80. (A) The Board of Health and Environmental Control Bureau of Health Programs or its designated agents must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State. The Board of Health and Environmental Control bureau or its designated agents shall declare, when the facts justify it, any place as infected and, in case of hydrophobia or other diseases transmitted from animals to man, must declare such animal or animals quarantined, and must place all such restrictions upon ingress and egress of persons or animals therefrom as may be, in its judgment, necessary to prevent the spread of disease from the infected locality.
(B)(1) Whenever the board bureau learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to cause a public health emergency, as defined in Section 44-4-130, it is authorized to notify the appropriate public safety authority, tribal authorities, and federal health and public safety authorities.
(2) The sharing of information on reportable illnesses, health conditions, unusual clusters, or suspicious events between authorized personnel must be restricted to information necessary for the treatment, control, investigation, and prevention of a public health emergency. Restriction of access to this information to those authorized personnel for the protection of public health ensures compliance with all state and federal health information privacy laws.
(3) The board bureau and its agents must have full access to medical records and nonmedical records when necessary to investigate the causes, character, and means of preventing the spread of a qualifying health event or public health emergency. For purposes of this item, 'nonmedical records' mean records of entities, including businesses, health facilities, and pharmacies, which are needed to adequately identify and locate persons believed to have been potentially exposed or known to have been infected with a contagious disease.
(4) An order of the board bureau given to effectuate the purposes of this subsection is enforceable immediately by the public safety authority.
(5) For purposes of this subsection, the terms qualifying health event, public health emergency, and public safety authority have the same meanings as provided in Section 44-4-130.
Section 44-1-90. The State Board of Health and Environmental Control Bureau of Health Programs or its designated agents, when it is deemed necessary by the municipal officers of any town or city or the governing body of any county, may (a) visit cities, towns, villages or localities where disease is prevalent or threatened, (b) investigate and advise with the local authorities or persons as to such measures as may tend to prevent the spread of disease or to remove or abate causes that may tend to cause or intensify disease, (c) advise, when practicable or possible, as to measures of sanitation or hygiene and (d) investigate and advise as to all matters respecting water supply, sewage, drainage, ventilation, heating, lighting or other measures connected with public sanitation or safety.
Section 44-1-100. All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control Director of the Bureau of Health Programs and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director bureau may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.
Section 44-1-110. The Department of Health and Environmental Control Bureau of Health Programs is vested is invested with all the rights and charged with all the duties pertaining to organizations of like character and is the sole advisor of to the State Undersecretary of the Department of Health and Human Services, Division of Health Services in all questions involving the protection of the public health within its limits.
It shall The bureau, through its representatives, shall investigate the causes, character, and means of preventing the epidemic and endemic diseases as the State is liable to suffer from and the influence of climate, location, and occupations, habits, drainage, scavengering, water supply, heating, and ventilation. It The bureau shall have, upon request, full access to the medical records, tumor registries, and other special disease record systems maintained by physicians, hospitals, and other health facilities as necessary to carry out its investigation of these diseases. No physician, hospital, or health facility, or person in charge of these records is liable in any action-at-law for permitting the examination or review. Patient-identifying information elicited from these records and registries must be kept confidential by the department bureau and it is exempt from the provisions of Chapter 4 of Title 30. It shall supervise and control the quarantine system of the State. It may establish quarantine both by land and sea.
Section 44-1-130. (A) The Department of Health and Environmental Control The Bureau of Health Programs may divide the State into health districts and establish in these districts advisory boards of health which shall consist of representatives from each county in the district. Boards of health now existing in the districts shall have representation on the district advisory board. Counties previously not having local boards of health shall be represented on their respective district advisory boards by individuals appointed by the county legislative delegation. The number of members of a district advisory board shall be determined by the Department bureau with due consideration to the population and community needs of the district. District advisory boards of health shall be subject to the supervisory and advisory control of the Department bureau. District advisory boards are charged with the duty of advising the district medical director or administrator in all matters of sanitary interest and scientific importance bearing upon the protection of the public health.
The district medical director or administrator shall be secretary of the advisory board and the district advisory board shall elect annually from its membership a chairman.
(B) Unless otherwise provided by law, the employees of each county health department shall function under the administration, control, and direction of the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services. The Bureau of Health Programs shall fund the salaries, fringe benefits, and travel reimbursements of the employees of the county health departments. Each county shall provide all other operating expenses of the county health department in an amount at least equal to that appropriated for operations for each county in fiscal year 2003. If any county makes a uniform reduction in appropriations to all state and county agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction must be made in funds appropriated for the operating expenses of the county health department.
Section 44-1-140. Unless otherwise provided by law, the Department of Health and Environmental Control Bureau of Health Programs may make, adopt, promulgate and enforce reasonable rules and regulations from time to time requiring and providing:
(1) for the thorough sanitation and disinfection of all passenger cars, sleeping cars, steamboats and other vehicles of transportation in this State and all convict camps, penitentiaries, jails, hotels, schools and other places used by or open to the public;
(2) for the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands and all other places or establishments providing eating or drinking facilities and all other places known as private nursing homes or places of similar nature, operated for gain or profit;
(3) for the production, storing, labeling, transportation and selling of milk and milk products, filled milk and filled milk products, imitation milk and imitation milk products, synthetic milk and synthetic milk products, milk derivatives and any other products made in semblance of milk or milk products;
(4) for the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other business, and bottling plants;
(5) For the classification of waters and for the safety and sanitation in the harvesting, storing, processing, handling and transportation of mollusks, fin fish and crustaceans;
(6) for the control of disease-bearing insects, including the impounding of waters;
(7) For the safety, safe operation and sanitation of public swimming pools and other public bathing places, construction, tourist and trailer camps and fairs;
(8) For the control of industrial plants, including the protection of workers from fumes, gases and dust, whether obnoxious or toxic;
(9) For the use of water in air humidifiers;
(10)(6) for the care, segregation and isolation of persons having or suspected of having any communicable, contagious or infectious disease; and
(11) For the regulation of the methods of disposition of garbage or sewage and any like refuse matter in or near any village, town or city of the State, incorporated or unincorporated, and to abate obnoxious and offensive odors caused or produced by septic tank toilets by prosecution, injunction or otherwise;
(12)(7) for the thorough investigation and study of the causes of all diseases, epidemic and otherwise, in this State, the means for the prevention of contagious disease and the publication and distribution of such information as may contribute to the preservation of the public health and the prevention of disease; and.
(13) For alteration of safety glazing material standards and the defining of additional structural locations as hazardous areas, and for notice and hearing procedures by which to effect these changes.
The Department bureau may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious and infectious diseases and other danger to the public life and health.
Section 44-1-150. Except as provided in Section 44-1-151, any person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any regulation of the Department of Health and Environmental Control Bureau of Health Programs, made by it the bureau pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, shall be fined not exceeding the sum of two hundred dollars or be imprisoned for thirty days. The term "notice" as used in this section means either actual notice or constructive notice.
Section 44-1-151. Reserved Notwithstanding any other provision of law, all shellfish involved in any violation of law, including any regulation, regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the State Department of Health and Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500.
Section 44-1-152. Reserved Notwithstanding any other provision of law, all revenue from any fine or any forfeiture of bond for any violation of any shellfish law or regulation provided by this title must be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue must be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. Two-thirds of such revenue must be remitted quarterly to the state Department of Health and Environmental Control of which one-half is to be used in enforcing shellfish laws and regulations and one-half of such revenue must be remitted quarterly to the state's general fund. All monies derived from auction sales of confiscated equipment pursuant to Section 44-1-151 must be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any violation of any shellfish law or regulation. A report of fines for forfeitures of bonds regarding shellfish violations must be sent to the state Department of Health and Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction of sales of confiscated equipment must be sent to the state Department of Health and Environmental Control monthly by each sheriff.
Section 44-1-155. Reserved When any person is apprehended by a shellfish patrolman upon a charge of violating the health and sanitary aspects of shellfish, crab and shrimp laws or regulations, such person upon being served with a summons by the patrolman may in lieu of being immediately brought before the proper judicial officer enter into a formal recognizance or deposit a proper sum of money in lieu of a recognizance or incarceration with the patrolman as bail which shall be not less than the minimum nor more than the maximum fine, but in no case to exceed one hundred dollars. The bail shall be turned over to the proper judicial officer. A receipt for the sum so deposited shall be given to the person by the patrolman. The summons duly served shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of bail the patrolman shall release the person so charged and he may appear in court at the time stated in and required by the summons.
Section 44-1-160. Nothing contained in Section 44-1-140 shall in any way abridge or limit the right of any person to maintain or prosecute any proceedings, civil or criminal, against a person maintaining a nuisance.
Section 44-1-170. The Department of Health and Environmental Control Bureau of Health Programs may direct and supervise the action of the local boards of health in incorporated cities and towns and in all townships in all matters pertaining to such local boards.
Section 44-1-180. The Department of Health and Environmental Control Bureau of Health Programs may establish charges for maintenance and medical care for all persons served in State health centers and other health facilities under the jurisdiction of the Department bureau and by personnel of the Department bureau and of the health units under its jurisdiction in homes and any other places where health services are needed. The terms 'medical care' and 'health services' include the services of physicians, dentists, optometrists, nurses, sanitarians, physical therapists, medical social workers, occupational therapists, health aides, speech therapists, X-ray technologists, dietitians, nutritionists, laboratory technicians, and other professional and subprofessional health workers. The charges, which may be adjusted from time to time, shall be reasonable and based on the total costs of the services rendered, including operating costs, depreciation costs, and all other elements of costs.
Section 44-1-190. The Department of Health and Environmental Control Bureau of Health Programs shall make such investigations as it deems necessary to determine which persons or which of the parents, guardians, trustees, committees or other persons or agencies legally responsible therefor are financially able to pay the expenses of the care and treatment, and may contract with any person or agency for the care and treatment of any person to the extent permitted by the resources available to the Department bureau. The Department bureau may require any county or State agency to furnish information which would be helpful to it the bureau in making the investigations. In arriving at the amount to be charged, the Department bureau shall have due regard for the financial condition and estate of the person, 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 sum less than the actual cost of services. No person shall be deprived of available health services solely because of inability to pay. No fees shall be charged for services which in the judgment of the Department bureau should be made freely available in order to protect and promote the public health.
Section 44-1-200. The Department of Health and Environmental Control Bureau of Health Programs may provide for home health services to those persons living in areas of the State in which adequate home health services are not available and may charge fees for such services. Home health services shall include care of the ill and disabled rendered at home including, but not limited to, bedside care, treatment and rehabilitation services. In order that it may provide such services, the department bureau may employ the necessary personnel, including nurses, physical therapists, speech therapists, occupational therapists, medical social workers, home health aides, nutritionists, and supervisory personnel, and may purchase equipment and materials necessary to maintain an effective program. The Department bureau shall, wherever possible, assist and advise nonprofit agencies or associations in the development of home health services programs and may enter into agreements with such agencies or associations specifying the type of assistance and advice it will provide.
Section 44-1-210. All fees and charges collected pursuant to Sections 44-1-180 to 44-1-200, including vital statistics fees as now provided by law, shall be deposited in the State Treasury and shall be used in the operation of the public health program of the bureau, division, district health unit or local county health department which performed the services for which the fees and charges were collected. An annual report shall be made to the State Budget and Control Board of the receipts and expenditures made under the provisions of Sections 44-1-180 to 44-1-200.
Section 44-1-220. All skilled and intermediate care nursing facilities licensed by the Department of Health and Environmental Control Bureau of Health Programs shall be required to furnish an item-by-item billing for all charges to the patient or the person paying such bill, upon request by such patient or person. Items which remain unpaid are not required to be itemized again. Such requests for itemized billing shall remain in effect until further notification by the patient or person paying such bill. Provided, that the provision herein shall not apply to the contracted amount of a state or federal agency. Any amount above such contract shall be itemized as provided herein.
Section 44-1-230. The Department of Health and Environmental Control Bureau of Health Programs shall give consideration to any benefits available to an individual, including private, group or other insurance benefits, to meet, in whole or in part, the cost of any medical or health services. Such benefits shall be utilized insofar as possible; provided, however, the availability of such benefits shall not be the sole basis for determining eligibility for program services of the department. Insurance carriers shall not deny payment of benefits otherwise available to the insured solely on the basis that an individual has applied for, or has been deemed eligible to receive, or has received, services, or on the basis that payments have been made for services by the department bureau.
Section 44-1-240. Subject to the funds appropriated, the department Bureau of Health Programs shall implement a model pilot program for dental health screenings of children enrolled in public schools in kindergarten, second, and seventh grades. The department bureau may designate up to five counties representative of the rural and urban areas of the State to participate in this pilot program.
The pilot program must concentrate on providing dental education, preventive dental care, screening, and treatment referral for children who are eligible for the federal free and reduced price school lunch program.
The program must seek cooperation from local school districts, other governmental entities, and dentists to coordinate federal Medicaid assistance and any volunteer efforts to reduce costs to the State to the extent practicable.
The results or effectiveness of this pilot program must be reported to the Senate Committee on Medical Affairs and the House Committee on Medical, Military, Public and Municipal Affairs at intervals designated by the chairman of the committee.
Section 44-1-260. Upon conducting an early periodic screening, diagnosis, and treatment screening (EPSDT), or another physical examination of a child from which it is determined that the child may benefit from the use of assistive technology, the department Bureau of Health Programs or person conducting the screening or examination may refer the child to an appropriate agency for an assistive technology evaluation. For purposes of this section, "assistive technology" means a device or service which is used to increase, maintain, or improve the functional capacities of an individual with a disability. An "assistive technology device" is an item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified, or customized that is used to increase, maintain, or improve the functional capacities of an individual with a disability including, but not limited to, aids for daily living, augmentative communication devices, wheelchairs, and mobility aids, seating and positioning aids, computer aids, environmental controls, home and workplace modifications, prosthetics and orthotics, or aids for vision or hearing impairments. An "assistive technology service" is a service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.
Section 44-1-280. The Board and Department of Health and Environmental Control Bureau of Health Programs 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 9. Article 1, Chapter 3, Title 44 of the 1976 Code is amended to read:
Section 44-3-10. Municipal corporations of this State may establish and maintain a board of health which shall be authorized by the governing body of the municipality. The composition and method of selection of the board shall be within the discretion of the governing body of the municipality. The duties and powers of the board shall be designated by such governing body. However, the board and its employees shall function under the administration, control, guidance and direction of the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services. The rules and regulations or operational procedures of any board established hereunder shall not be in conflict with any rule, regulation, or procedure of the Department of Health and Environmental Control bureau, and in the event of any conflict, the rules, regulations and procedures of the Department of Health and Environmental Control bureau shall prevail. Municipal boards of health shall, when requested by the Department of Health and Environmental Control bureau, make reports on their activities to the Department of Health and Environmental Control bureau."
SECTION 10. Section 44-4-130(F) and (I) of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"(F) 'Commissioner Bureau Chief' means the Commissioner of the Department of Health and Environmental Control Chief of the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(I) 'DHEC' means the Department of Health and Environmental Control or any person authorized to act on behalf of the Department of Health and Environmental Control 'Bureau' or Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services."
SECTION 11. Sections 44-4-300 through 44-4-340 are amended to read:
"Section 44-4-300. After the declaration of a state of public health emergency, DHEC the Bureau of Health Programs may exercise, in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials:
(1) to close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health; and
(2) to decontaminate or cause to be decontaminated, any material of which there is reasonable cause to believe that it may endanger the public health.
Section 44-4-310. DHEC The Bureau of Health Programs, in coordination with the guidelines of the State Emergency Operations Plan, may, for such period as the state of public health emergency exists and as may be reasonable and necessary for emergency response, require a health care facility to provide services or the use of its facility if the services are reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business in the State as a health care facility. When DHEC the bureau needs the use or services of the facility to isolate or quarantine individuals during a public health emergency, the management and supervision of the health care facility must be coordinated with DHEC the bureau to ensure protection of existing patients and compliance with the terms of this act.
Section 44-4-320. (A) DHEC The Bureau of Health Programs must coordinate with coroners, medical examiners, and funeral directors, for such period as the state of public health emergency exists, to exercise, in addition to existing powers, the following powers regarding the safe disposal of human remains:
(1) to take possession or control of any human remains which cannot be safely handled otherwise;
(2) to order the disposal of human remains of a person who has died of an infectious disease through burial or cremation within twenty-four hours after death;
(3) to require any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State to accept any human remains or provide the use of its business or facility if these actions are reasonable and necessary for emergency response. When necessary during the period of time of the public health emergency, DHEC the bureau must coordinate with the business or facility on the management or supervision of the business or facility; and
(4) to procure, by order or otherwise, any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
(B) Where possible, existing provisions set forth in the State Operations Plan for the safe disposal of human remains must be used in a public health emergency. Where the State Operations Plan is not sufficient to handle the safe disposal of human remains for a public health emergency, DHEC the bureau, in coordination with coroners, medical examiners and funeral directors, must adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, transportation, and disposal of human remains.
(C) All human remains prior to disposal must be clearly labeled with all available information to identify the decedent and the circumstances of death. Any human remains of a deceased person with an infectious disease must have an external, clearly visible tag indicating that the human remains are infected and, if known, the infectious disease.
(D) Every person in charge of disposing of any human remains must maintain a written record of each set of human remains and all available information to identify the decedent and the circumstances of death and disposal. If the human remains cannot be identified, prior to disposal, a qualified person must, to the extent possible, take fingerprints and one or more photographs of the human remains, and collect a DNA specimen. All information gathered under this paragraph must be promptly forwarded to DHEC the bureau. Identification must be handled by the agencies that have laboratories suitable for DNA identification.
Section 44-4-330. (A) After the declaration of a public health emergency, DHEC the Bureau of Health Programs may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.
(B)(1) If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC the bureau, DHEC the bureau of Health Programs may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC the bureau must give preference to health care providers, disaster response personnel, and mortuary staff.
(2) During a state of public health emergency, DHEC the bureau may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
(3) If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC the bureau to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.
Section 44-4-340. To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this article, DHEC the Bureau of Health Programs in coordination with the applicable law enforcement agency must institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this State or any such rules that may be developed by the courts for use during a state of public health emergency. Any property acquired by DHEC the bureau through such proceedings must, after entry of the decree, be disposed of by destruction as the court may direct."
SECTION 12. Sections 44-4-500 through 44-4-570 are amended to read:
"Section 44-4-500. During a state of public health emergency, DHEC the Bureau of Health Progams must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.
Section 44-4-510. (A)(1) During a state of public health emergency, DHEC the Bureau of Health Programs may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.
(2) DHEC the bureau may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health.
(B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHEC the bureau.
(2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.
Section 44-4-520. (A) During a state of public health emergency, DHEC the bureau may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:
(1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;
(2) to treat persons exposed to or infected with disease; and
(3) to prevent the spread of contagious or possibly contagious disease, DHEC the bureau may isolate or quarantine, pursuant to the applicable sections of this act, persons who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.
(B) Vaccinations or treatment, or both, must be provided only to those individuals who agree to the vaccinations or treatment, or both.
(C)(1) Vaccination may be performed by any qualified person authorized by DHEC the bureau.
(2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.
(D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC the bureau.
(2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
Section 44-4-530. (A) During a public health emergency, DHEC the Bureau of Health Programs may isolate or quarantine an individual or groups of individuals. This includes individuals or groups who have not been vaccinated, treated, tested, or examined pursuant to Sections 44-4-510 and 44-4-520. DHEC the bureau may also establish and maintain places of isolation and quarantine, and set rules and make orders.
(B) DHEC the bureau must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:
(1) isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;
(2) individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;
(3) the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;
(4) if a quarantined individual becomes infected or is reasonably believed to be infected with a contagious or possibly contagious disease, he or she must be promptly removed to isolation;
(5) isolated and quarantined individuals must be immediately released when they pose no substantial risk of transmitting a contagious or possibly contagious disease to others;
(6) the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;
(7) premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined; and
(8) to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises.
(C) Persons subject to isolation or quarantine must comply with DHEC's the bureau rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these provisions constitutes a misdemeanor.
(D)(1) DHEC The bureau may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.
(2) No person, other than a person authorized by DHEC the bureau, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a misdemeanor.
(3) Any person entering an isolation or quarantine premises with or without authorization of DHEC the bureau may be isolated or quarantined as provided for in this act.
Section 44-4-540. (A) During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section.
(B)(1) DHEC The Bureau of Health Programs may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner bureau chief or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's the bureau's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.
(2) The emergency order must specify the following:
(i) the identity of the individual or groups of individuals subject to isolation or quarantine;
(ii) the premises subject to isolation or quarantine;
(iii) the date and time at which isolation or quarantine commences;
(iv) the suspected contagious disease, if known; and
(v) a copy of Article V of this act and relevant definitions of this act.
(3) A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.
(4) Within ten days after issuing the emergency order, DHEC the bureau must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.
(C)(1) DHEC The bureau may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.
(2) A petition under subsection (C)(1) must specify the following:
(i) the identity of the individual or groups of individuals subject to isolation or quarantine;
(ii) the premises subject to isolation or quarantine;
(iii) the date and time at which isolation or quarantine commences;
(iv) the suspected contagious disease, if known; and
(v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-530(B); and
(vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit of DHEC the bureau attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.
(3) Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(4) A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary circumstances and for good cause shown, DHEC the bureau may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.
(5)(a) The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.
(b) An order authorizing isolation or quarantine may do so for a period not to exceed thirty days.
(c) The order must:
(i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances;
(ii) specify factual findings warranting isolation or quarantine pursuant to this act;
(iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and
(iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(d) Prior to the expiration of an order issued pursuant to this item, DHEC the bureau may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.
(D)(1) An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.
(2)(a) An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.
(b) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.
(c) Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.
(3) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC the bureau may move the court to extend the time for a hearing, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.
(E) A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allow all parties to fully participate.
(F) The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC The bureau must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC the bureau from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.
(G) In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:
(1) the number of individuals involved or to be affected is so large as to render individual participation impractical;
(2) there are questions of law or fact common to the individual claims or rights to be determined;
(3) the group claims or rights to be determined are typical of the affected individuals' claims or rights; and
(4) the entire group will be adequately represented in the consolidation.
Section 44-4-550. (A)(1) DHEC The Bureau of Health Programs may, for such period as the state of public health emergency exists, collect or cause to be collected specimens and perform tests on any person or animal, living or deceased, and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.
(2) Specimens shall be collected only from those individuals who agree to have specimens collected or who agree to have tests performed.
(3) All specimens must be clearly marked.
(4) Specimen collection, handling, storage, and transport to the testing site must be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling, and transport of the specimen.
(5) Any person authorized to collect specimens or perform tests must use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.
(B) Any business, facility, or agency authorized to collect specimens or perform tests must provide such support as is reasonable and necessary to aid in a relevant criminal investigation.
Section 44-4-560. (A) Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC the Bureau of Health Programs during a public health emergency is limited to those persons having a legitimate need to:
(1) provide treatment to the individual who is the subject of the health information;
(2) conduct epidemiological research; or
(3) investigate the causes of transmission.
(B) Protected health information held by DHEC the bureau must not be disclosed to others without individual specific informed authorization except for disclosures made:
(1) directly to the individual;
(2) to the individual's immediate family members or life partners;
(3) to appropriate state or federal agencies or authorities when necessary to protect public health;
(4) to health care personnel where needed to protect the health or life of the individual who is the subject of the information;
(5) pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or
(6) to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.
Section 44-4-570. (A) The appropriate licensing authority, in coordination with DHEC the Bureau of Health Programs and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:
(1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;
(2) to appoint and prescribe the duties of such out-of-state emergency health care providers as may be reasonable and necessary for emergency response; and
(3) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.
(B)(1) The appointment of out-of-state emergency health care providers pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The appropriate licensing authority may terminate the out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.
(2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.
(3) Any out-of-state emergency health care provider appointed pursuant to this section shall not be held liable for any civil damages as a result of medical care or treatment related to the emergency response unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(C)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, provided that any such termination will not impede the performance of the duties of the office.
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(D) Any person appointed pursuant to this section who in good faith performs the assigned duties is not liable for any civil damages for any personal injury as the result of any act or omission, except acts or omissions amounting to gross negligence or wilful or wanton misconduct."
SECTION 13. Section 44-7-77 of the 1976 Code is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control Bureau of Health Programs 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 14. Section 44-7-80(5) of the 1976 Code is amended to read:
"(5) 'Department' 'Bureau' or 'Bureau of Health Programs' means the Department of Health and Environmental Control the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services."
SECTION 15. 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 Bureau of Health Programs is authorized to issue Medicaid nursing home permits. The State Department of Health and Human Services Division of Health Care Financing shall provide the number of Medicaid patient days available to the department bureau within thirty days after the effective date of the annual appropriations act.
(B) Based on a method the department bureau develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department bureau 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 bureau 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 bureau 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 bureau 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 bureau 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 16. 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 Health Care Financing, the department Bureau of Health Programs 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 17. Section 44-7-130(3), (5), (8), and (12) of the 1976 Code are amended to read"
"(3) 'Board' means the State Board of Health and Environmental Control 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(5) 'Competing applicants' means two or more persons or health care facilities as defined in this article who apply for Certificates of Need to provide similar services or facilities in the same service area within a time frame as established by departmental bureau regulations and whose applications, if approved, would exceed the need for services or facilities.
(8) 'Department' means the Department of Health and Environmental Control Reserved.
(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 18. Section 44-7-140 of the 1976 Code is amended to read:
"Section 44-7-140. The department Bureau of Health Programs is designated the sole state agency entity for control and administration of the granting of Certificates of Need and licensure of health facilities and other activities necessary to be carried out under this article."
SECTION 19. Section 44-7-150 of the 1976 Code is amended to read:
"Section 44-7-150. (A) In carrying out the purposes of this article, the department Bureau of Health Programs shall:
(1) require reports and make inspections and investigations as considered necessary;
(2) to the extent that is necessary to effectuate the purposes of this article, enter into agreements with other departments, commissions, agencies, and institutions, public or private;
(3) adopt in accordance with Article I of the Administrative Procedures Act substantive and procedural regulations considered necessary by the department bureau and approved by the board to carry out the department's licensure and Certificate of Need duties under this article, including regulations to deal with competing applications;
(4) accept on behalf of the State and deposit with the State Treasurer, any grant, gift, or contribution made to assist in meeting the cost of carrying out the purpose of this article and expend it for that purpose;
(5)(B) The department In carrying out the purposes of this article, the bureau may adopt a filing fee for Certificate of Need applications. The fee must be approved by the board. Any fee collected pursuant to this section must be deposited into the general fund of the State. The fee must be collected prior to review of the application. A fee may not be increased beyond the cost of administration of the Certificate of Need Program."
SECTION 20. That portion of Section 44-7-160 of the 1976 Code preceding the colon is amended to read:
"A person or health care facility as defined in this article is required to obtain a Certificate of Need from the department Bureau of Health Programs before undertaking any of the following"
SECTION 21. Section 44-7-160(8) of the 1976 Code is amended to read:
"(8) the acquisition of an existing health care facility by a person who has failed to notify the department bureau and seeks an exemption before entering into a contractual arrangement to acquire an existing facility;"
SECTION 22. Section 44-7-170(A)(3) of the 1976 Code is amended to read:
"(3) the acquisition by a health care facility of medical equipment to be used solely for research, the offering of an institutional health service by a health care facility solely for research, or the obligation of a capital expenditure by a health care facility to be made solely for research if it does not (a) affect the charges of the facility for the provision of medical or other patient care services other than the services which are included in the research; (b) change the bed capacity of the facility; or (c) substantially change the medical or other patient care services of the facility. A written description of the proposed research project must be submitted to the department Bureau of Health Programs in order for the department to determine if the above conditions are met. A Certificate of Need is required in order to continue use of the equipment or service after research restrictions are removed;"
SECTION 23. Section 44-7-180(A), (C), and (D) of the 1976 Code is amended to read;
"(A) There is created a health planning committee comprised of fourteen members. The Governor shall appoint twelve members, at least one member from each congressional district. Each of the following groups must be equally represented among the Governor's appointees: health care consumers, health care financiers to include business and insurance, and health care providers. The chairman of the Bureau of Health Programs advisory board shall appoint recommend one member to the Governor. The South Carolina Consumer Advocate or the Consumer Advocate's designee is an ex officio nonvoting member. Members are appointed for four-year terms, may serve only two consecutive terms, and are allowed the usual mileage and subsistence as provided for members of boards, committees, and commissions.
(C) Upon approval by the health planning committee, the State Health Plan must be submitted at least once every two years to the board bureau for final revision and adoption. Once adopted by the board bureau, the plan may later be revised through the same planning and approval process. The department bureau shall adopt by regulation a procedure to allow public review and comment, including regional public hearings, before adoption or revision of the plan.
(D) The Department of Health and Environmental Control bureau may charge and collect fees to cover the cost of operating the Certificate of Need program. Upon submission of a complete Certificate of Need application, the applicant must pay a fee of five hundred dollars plus five-tenths of one percent of the project cost for review of the project, not to exceed seven thousand, five hundred dollars; however, for an applicant whose review fee would exceed seven thousand, five hundred dollars an additional fee of seven thousand, five hundred dollars is imposed if the applicant is awarded a Certificate of Need, which must be paid at the time of the award. Fees paid pursuant to this subsection must be deposited to the credit of the general fund of the State."
SECTION 24. Section 44-7-190 of the 1976 Code is amended to read:
"Section 44-7-190. The department Bureau of Health Programs shall adopt, upon approval of the board, Project Review Criteria which, at a minimum, must provide for the determination of need for health care facilities, beds, services and equipment, to include demographic needs, appropriate distribution, and utilization; accessibility to underserved groups; availability of facilities and services without regard to ability to pay; absence of less costly and more effective alternatives; appropriate financial considerations to include method of financing, financial feasibility, and cost containment; consideration of impact on health systems resources; site and building suitability; consideration of quality of care; and relevant special considerations as may be appropriate. The Project Review Criteria must be adopted as a regulation pursuant to the Administrative Procedures Act."
SECTION 25. Sections 44-7-200 through 44-7-250 of the 1976 Code are amended to read:
"Section 44-7-200. (A) An application for a Certificate of Need must be submitted to the department Bureau of Health Programs in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental bureau regulations, Project Review Criteria of the department bureau, and the State Health Plan. The application must include the payment of a nonrefundable initial application fee of five hundred dollars. The department bureau shall deduct this fee from the Certificate of Need filing fee which is payable in accordance with departmental bureau regulations when the application is determined to be complete.
(B) Within twenty days before submission of an application, the applicant shall publish notification that an application is to be submitted to the department bureau in a newspaper serving the area where the project is to be located for three consecutive days. The notification must contain a brief description of the scope and nature of the project. No application may be accepted for filing by the department bureau unless accompanied by proof that publication has been made for three consecutive days within the prior twenty-day period and payment of the initial application fee has been received.
(C) Upon publication of this notice and until a contested case hearing is requested pursuant to Section 44-7-210:
(1) members of the board and persons appointed by the board to hear appeals from department staff decisions may not communicate directly or indirectly with any person in connection with the application; and
(2) no person shall communicate, or cause another to communicate, as to the merits of the application with members of the board and persons appointed by the board to hear appeals from department staff decisions.
A person who violates this subsection is subject to the penalties provided in Section 1-23-360.
(D) After receipt of an application with proof of publication and payment of the initial application fee, the department bureau shall publish in the State Register a notice that an application has been accepted for filing. Within thirty days of acceptance of the application, the department bureau may request additional information as may be necessary to complete the application. The applicant has thirty days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the thirty-day period, the application is considered withdrawn.
Section 44-7-210. (A) After the department Bureau of Health Programs has determined that an application is complete, affected persons must be notified in accordance with departmental bureau regulations. The notification of affected persons begins the review period. During the review process, the department bureau shall determine the relative importance of the project review criteria for this project and shall notify the applicant of this determination. The applicant has thirty days from the date of the receipt of this notice to submit any additional information. The review period for a completed application is sixty days from the date of notification of affected persons, or up to sixty days from the date that applicants are notified of the relative importance of project review criteria provided for in this section, whichever is longer. One extension of up to sixty days may be granted by the department bureau in accordance with departmental bureau regulations with the exception of an extension that is granted to comply with a request for a public hearing.
(B) The department bureau may hold a public hearing, if timely requested, to gather information and obtain public comment and opinion about the proposed project.
(C) The department bureau may not issue a Certificate of Need unless an application complies with the State Health Plan, Project Review Criteria, and other regulations. Based on project review criteria and other regulations, which must be identified by the department bureau, the department bureau may refuse to issue a Certificate of Need even if an application complies with the State Health Plan. In the case of competing applications, the department bureau shall award a Certificate of Need, if appropriate, on the basis of which, if any, most fully complies with the requirements, goals, and purposes of this article and the State Health Plan, Project Review Criteria, and the regulations adopted by the department bureau.
(D) On the basis of staff review of the application, the staff of the department bureau shall make a proposed decision to grant or deny the Certificate of Need. Notice of the proposed decision must be sent to the applicant and affected persons who have asked to be notified. The proposed decision becomes the final agency decision within ten days after the receipt of a notice of the proposed decision by the applicant unless:
(1) a reconsideration by the staff of the department bureau is requested in writing within the ten-day period by an affected person showing good cause for reconsideration of the proposed decision; or
(2) a contested case hearing before the board, or its designee, regarding the grant or denial of the Certificate of Need is requested in writing within the ten-day period by the applicant or other affected person with standing to contest the grant or denial of the application.
Reconsideration by the staff must occur within thirty days from receipt of the request.
(E) The department's bureau's proposed decision is not final until the completion of reconsideration or contested case proceedings. The burden of proof in a reconsideration or contested case hearing must be upon the moving party. The contested case hearing before the board or its designee is must be conducted as a contested case under the Administrative Procedures Act. The issues considered at the contested case hearing are limited to those presented or considered during the staff review and decision process.
(F) The department bureau may not issue a Certificate of Need approval for a methadone treatment facility until licensure standards are promulgated by the department bureau, 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 Office 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 44-7-220. After the contested case hearing is concluded and a final board decision is made, a party who participated in the contested case hearing and who is affected adversely by the board's decision may obtain judicial review of the decision in the circuit court pursuant to the Administrative Procedures Act. An appeal taken to the circuit court from a decision of the board on a Certificate of Need application has precedence on the court's calendar and must be heard not later than forty-five days from the date the petition is filed.
An applicant whose Certificate of Need application is denied by the board in favor of a competing application or a party adversely affected by the board's decision shall deposit a bond with the clerk of court for the circuit court before the filing of a petition to appeal a final decision of the board granting or denying a Certificate of Need. The bond must be secured by cash or a surety authorized to do business in this State in an amount equal to five percent of the total cost of the project or twenty thousand dollars, whichever is greater. If the court affirms the decision of the board or dismisses the appeal, the court may award to the applicant approved for the Certificate of Need who is a party to the appeal all or a portion of the bond and may award reasonable attorney's fees and costs incurred in the appeal. If an applicant appeals only the denial of his Certificate of Need application and there is no competing application involved in the appeal, the applicant is not required to deposit a bond with the circuit court.
If, at any stage of the appeal process involving the grant or denial of a Certificate of Need, the court finds that the appeal was frivolous, the court may award damages to the applicant approved for the Certificate of Need in addition to awarding the approved applicant single or double costs incurred in the appeal. In the case of a frivolous appeal of a denial of a Certificate of Need which does not involve a competing application, the court may award costs incurred in the appeal to the department.
As used in this section, "frivolous appeal" means any one of the following:
(1) an appeal taken solely for purposes of delay or harassment;
(2) where no question of law is involved;
(3) where the appeal is without merit.
Section 44-7-230. (A) The Certificate of Need, if issued, is valid only for the project described in the application including location, beds and services to be offered, physical plant, capital or operating costs, or other factors as set forth in the application, except as may be modified in accordance with regulations. The department Bureau of Health Programs shall require periodic reports and make inspections to determine compliance with the Certificate of Need. Implementation of the project or operation of the facility or medical equipment that is not in accordance with the Certificate of Need application or conditions subsequently agreed to by the applicant and the department bureau may be considered a violation of this article.
(B) In issuing a Certificate of Need, the department bureau shall specify the maximum capital expenditure obligated under the certificate. The department bureau shall prescribe the method used to determine capital expenditure maximums, establish procedures to monitor capital expenditures obligated under certificates, and establish procedures to review projects for which the capital expenditure maximum is exceeded or expected to be exceeded.
(C) Prior to any construction authorized by a Certificate of Need, final drawings and specifications prepared by an architect or engineer legally registered under the laws of this State must be submitted to the department bureau for approval. All construction must be completed in accordance with approved plans and specifications and prior approval must be obtained from the department for any changes that substantially alter the scope of work, function of construction, or major items of equipment, safety, or cost of the facility during construction.
(D) A Certificate of Need is valid for six months from the date of issuance except for projects involving construction or replacement of, or major renovations or additions to, an acute care hospital. For these projects the Certificate of Need is valid for one year from the date of issuance. A Certificate of Need must be issued with a timetable submitted by the applicant and approved by the department bureau to be followed for completion of the project. The holder of the Certificate of Need shall submit periodic progress reports on meeting the timetable as may be required by the department bureau. Failure to meet the timetable results in the revocation of the Certificate of Need by the department bureau unless the department bureau determines that extenuating circumstances beyond the control of the holder of the Certificate of Need are the cause of the delay. The department bureau may grant two extensions of up to six months each upon evidence that substantial progress has been made in accordance with procedures set forth in regulations. The board may grant and further extensions of up to six months each only if it determines that substantial progress has been made in accordance with the procedures set forth in regulations.
(E) A Certificate of Need is nontransferable. A Certificate of Need or rights thereunder may not be sold, assigned, leased, transferred, mortgaged, pledged, or hypothecated, and any actual transfer or attempt to make a transfer of this sort results in the immediate voidance of the Certificate of Need. The sale or transfer of the controlling interest or majority ownership in a corporation, partnership, or other entity holding, either directly or indirectly, a Certificate of Need, results in the transfer and voidance of a Certificate of Need.
Section 44-7-240. The department Bureau of Health Programs may establish a construction program providing for adequate facilities in this State and, insofar as possible, shall provide for the distribution of facilities and services throughout this State in such manner as to make all types of health services reasonably accessible to all persons in this State. The State Health Plan as required by this article may be used for purposes of establishing the relative need of projects for which applications are submitted under this construction program. Submittal of applications and review and approval of projects for which federal funds are requested must be in accordance with regulations adopted by the department bureau and applicable federal act.
Section 44-7-250. The department Bureau of Health Programs shall establish and enforce basic standards for the licensure, maintenance, and operation of health facilities and services to ensure the safe and adequate treatment of persons served in this State."
SECTION 26. That portion of Section 44-7-260(A) of the 1976 Code preceding the colon is amended to read:
"If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department Bureau of Health Programs."
SECTION 27. Section 44-7-260(A)(10) of the 1976 Code is amended to read:
"(10) any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury or other infirmity and for which the department Bureau of Health Programs has adopted standards of operation by regulation."
SECTION 28. Section 44-7-260(B)(2), (C), and (E) of the 1976 Code is amended to read:
"(2) community-based housing sponsored, licensed, or certified by the South Carolina Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs. The Department Office of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control Bureau of Health Programs the names and locations of these facilities on a continuing basis.
(C) The department bureau is authorized to investigate, by inspection or otherwise, any facility to determine if its operation is subject to licensure.
(E) No person, regardless of his ability to pay or county of residence, may be denied emergency care if a member of the admitting hospital's medical staff or, in the case of a transfer, a member of the accepting hospital's medical staff determines that the person is in need of emergency care. "Emergency care" means treatment which is usually and customarily available at the respective hospital and that must be provided immediately to sustain a person's life, to prevent serious permanent disfigurement, or loss or impairment of the function of a bodily member or organ, or to provide for the care of a woman in active labor if the hospital is so equipped and, if the hospital is not so equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. In addition to or in lieu of any action taken by the South Carolina Department of Health and Environmental Control bureau affecting the license of any hospital, when it is established that any officer, employee, or member of the hospital medical staff has recklessly violated the provisions of this section, the department bureau may require the hospital to pay a civil penalty of up to ten thousand dollars."
SECTION 29. That portion of Section 44-7-265 of the 1976 Code before the colon is amended to read:
"The department Bureau of Health Programs shall promulgate regulations for licensing freestanding or mobile technology. At a minimum, the regulations must include:"
SECTION 30. Section 44-7-270 of the 1976 Code is amended to read:
"Section 44-7-270. Applicants for a license shall file annually applications under oath with the department Bureau of Health Programs upon prescribed forms. An application must be signed by the owner, if an individual or a partnership, or in the case of a corporation by two of its officers, or in the case of a government unit by the head of the governmental department having jurisdiction over it. The application must set forth the full name and address of the facility for which the license is sought and the full name and address of the owner, the names of the persons in control, and additional information as the department may require, including affirmative evidence of ability to comply with standards and regulations adopted by the department bureau. Each applicant shall pay an annual license fee prior to issuance of a license as established by regulation."
SECTION 31. Sections 44-7-290 through 44-7-320 of the 1976 Code are amended to read:
"Section 44-7-290. The department Bureau of Health Programs may not issue licenses for the operation of facilities or services subject to this article unless the facility and persons named in the application are found to comply with the provisions of this article and the department's bureau's regulations.
Section 44-7-300. Prior to commencing the construction or alteration of facilities required to be licensed by this department the Bureau of Health Programs, plans and specifications must be submitted to the department bureau for review and approval in accordance with regulations of the department bureau. If construction has commenced without submittal of plans and specifications, an applicant for a license is required to submit certified drawings for review and approval prior to action upon the application for a license.
Section 44-7-310. Information received by the Office of Health Licensing of the department Bureau of Health Programs through inspection or otherwise which does not appear on the face of the license may not be disclosed publicly in a manner as to identify individuals or facilities except in a proceeding involving the licensure or certification of need of the facility or licensing proceedings against an employee of the facility or as ordered by a court of competent jurisdiction.
Section 44-7-315. Information received by the Division of Health Licensing of the department Bureau of Health Programs, through inspection or otherwise, in regard to a facility licensed by the department bureau pursuant to this article or subject to inspection by the department bureau 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 Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services must be disclosed publicly upon written request to the department bureau. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department bureau may not disclose the identity of individuals present in a facility licensed by the department bureau pursuant to this article or subject to inspection by the department bureau 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 bureau pursuant to this article or subject to inspection by the department bureau 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 bureau's files when a request for information is received, the department bureau shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department bureau 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 44-7-320. (A)(1) The department Bureau of Health Programs may deny, suspend, or revoke licenses or assess a monetary penalty against a person or facility for:
(a) violating a provision of this article or departmental bureau regulations;
(b) permitting, aiding, or abetting the commission of an unlawful act relating to the securing of a Certificate of Need or the establishment, maintenance, or operation of a facility requiring certification of need or licensure under this article;
(c) conduct or practices detrimental to the health or safety of patients, residents, clients, or employees of a facility or service. This provision does not refer to health practices authorized by law;
(d) refusing to admit and treat alcoholic and substance abusers, the mentally ill, or the mentally retarded, whose admission or treatment has been prescribed by a physician who is a member of the facility's medical staff; or discriminating against alcoholics, the mentally ill, or the mentally retarded solely because of the alcoholism, mental illness, or mental retardation;
(e) failing to allow a team advocacy inspection of a community residential care facility by the South Carolina Protection and Advocacy System for the Handicapped, Inc., as allowed by law.
(2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties is not limited to information relating to the current licensing year but includes consideration of all pertinent information regarding the facility and the applicant.
(3) If in the department's bureau's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department bureau immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be immediately reinstated. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department bureau may proceed with the process for permanent revocation pursuant to this section.
(B) Should the department bureau determine to assess a penalty, deny, suspend, or revoke a license, it shall send to the appropriate person or facility, by certified mail, a notice setting forth the particular reasons for the determination. The determination becomes final thirty days after the mailing of the notice, unless the person or facility, within such thirty-day period, requests in writing a contested case hearing before the board, or its designee, pursuant to the Administrative Procedures Act. On the basis of the contested case hearing, the determination involved must be affirmed, modified, or set aside. Judicial review may be sought in accordance with the Administrative Procedures Act.
(C) The penalty imposed by the department bureau for violation of this article or its regulations must be not less than one hundred nor more than five thousand dollars for each violation of any of the provisions of this article. Each day's violation is considered a subsequent offense.
(D) Failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial of a renewal of a license. No license may be issued, reissued, or renewed until all penalties finally assessed against a person or facility have been paid.
(E) No Certificate of Need may be issued to any person or facility until a final penalty assessed against a person or a facility has been paid.
(F) All penalties collected pursuant to this article must be deposited in the state treasury and credited to the general fund of the State."
SECTION 32. Section 44-7-330 of the 1976 Code is amended to read:
"Section 44-7-330. The department Bureau of Health Programs, in accordance with the laws of this State governing injunctions and other processes, may maintain an action in the name of the State against any person or facility for violation of this article and regulations promulgated under this article. In charging any defendant in a complaint in an action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did violate any provision of this article or of the regulations promulgated without the necessity for showing irreparable harm."
SECTION 33. 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 not deny admission or services to an individual on the basis of race, color, national origin, qualified handicap, sex, or age."
SECTION 34. 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 35. 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 Bureau of Health Programs shall establish a Residential Care Committee to advise the department bureau regarding licensing and inspection of community residential care facilities.
(1) The committee consists of the Long Term Care Bureau of Ombudsman Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination, 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 bureau chief for consideration. The advisory committee shall meet at least once annually with representatives of the department bureau to evaluate current licensing regulations and inspection practices. Members shall serve without compensation.
(B) The Department of Health and Environmental Control bureau 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 bureau 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 bureau considers necessary, but not less than twice each year. Members shall serve without compensation."
SECTION 36. Section 44-7-510(1)(b), (2), and (4) of the 1976 Code is amended to read:
"(b) who has notified the department Bureau of Health Programs of his interest in applications for certificates of public advantage and has a direct economic interest in the decision. Other than health insurers licensed in South Carolina, persons from other states who would otherwise be considered 'affected persons' are not included unless that state provides for similar involvement of persons from South Carolina in a similar process in that state.
(2) 'Certificate of public advantage' means the formal approval, including any conditions or modifications, by the department bureau of a contract, business or financial arrangement, or other activities or practices between two or more health providers, health provider networks, or health care purchasers that might be construed to be violations of state or federal antitrust laws.
(4) 'Department Bureau' or 'Bureau of Health Programs' means the Department of Health and Environmental Control Bureau of Health Programs under the Department of Health and Human Services, Division of Health Services."
SECTION 37. Section 44-7-520(A) of the 1976 Code is amended to read:
"(A) It is the intent of this article to require the State to provide direction, supervision, regulation, and control over approved cooperative agreements through the department Bureau of Health Programs and the Attorney General. This state direction, supervision, regulation, and control of cooperative agreements will provide immunity for health care providers, health provider networks, or purchasers who participate in discussions or negotiations authorized by this article from civil liability and criminal prosecution under federal or state antitrust laws."
SECTION 38. Section 44-7-530 through 44-7-580 of the 1976 Code is amended to read:
"Section 44-7-530. A health care provider, health care purchaser, or health provider network may negotiate and enter into cooperative agreements with other health care providers or health provider networks or health care purchasers if the likely benefits resulting from the agreements outweigh any likely disadvantages resulting from the agreements. Parties to a cooperative agreement may apply to the department Bureau of Health Programs for a certificate of public advantage. The application must include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any monetary or other consideration passing to a party under the agreement including change of ownership, merger, or other change in control of the assets of either party. Information obtained by the department bureau under this section must be available to the public unless the department bureau certifies the information as being proprietary. The department bureau may make this certification where a person shows to the satisfaction of the department bureau that the information should be proprietary. The department bureau may require an application fee from the submitting parties sufficient to cover the cost of processing the application.
Section 44-7-540. Upon receipt of an application, the department Bureau of Health Programs shall publish in the State Register notice of receipt of the application. The department bureau shall review the application in accordance with the standards set forth in Section 44-7-560 and if requested by an affected person within thirty days of the department's bureau's receipt of a completed application, may hold a public hearing in accordance with regulations promulgated by the department bureau. Within thirty days of receipt of the application, the department bureau may request additional information as may be necessary to complete the application. The applicant has thirty days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the thirty-day period, the application is considered withdrawn. However, the department bureau may grant one fifteen-day extension for the applicant to submit this information. The department bureau shall grant or deny the application within sixty days after receipt of a completed application or from the date of the public hearing, if one is requested, and that decision must be in writing and must set forth the basis for the decision. The department bureau shall furnish a copy of the decision to the applicants and any affected persons who have asked to be notified. The department bureau shall publish its decisions in the State Register.
Section 44-7-550. (A) Upon receipt of a completed application the department Bureau of Health Programs shall forward a copy of the application to the Attorney General. The Attorney General shall review the request not later than thirty days after receiving the completed application. The Attorney General may advise the department bureau, in writing, to approve or deny the application. Failure by the Attorney General to notify the department bureau within thirty days of receiving a completed application constitutes a recommendation for approval of the request. Advisement by the Attorney General to the department bureau to deny a request shall set forth the reasons for the denial.
(B) Upon receipt of the advice of the Attorney General or at the end of the review period outlined in Section 44-7-540, the department shall issue an order approving or denying the application for a certificate of public advantage. Upon request from the applicant or an affected person, the department's bureau's order to approve or deny the application for the certificate is entitled to judicial review in accordance with the Administrative Procedures Act.
Section 44-7-560. (A) The department Bureau of Health Programs shall issue a certificate of public advantage for a cooperative agreement if it determines that:
(1) the applicants have demonstrated that the likely benefits resulting from the agreement outweigh the likely disadvantages from the agreement;
(a) in evaluating the benefits likely to result from the cooperative agreement, the department bureau shall consider, but is not limited to:
(i) enhancement of the quality of health and health related care provided to South Carolina citizens;
(ii) preservation of health care providers close to communities traditionally served by those providers;
(iii) gains in the cost-efficiency of the services offered by the health care providers or purchasers involved;
(iv) improvements in the use of health care provider resources and equipment;
(v) avoidance or elimination or reduction of duplication of health care resources;
(vi) improvement in access to health care for citizens in the community;
(vii) support of the agreement by purchasers and payers in the health service area;
(viii) the extent of financial risk-sharing by the parties as a result of the agreement;
(ix) the provision or enhancement of health care services to Medicaid, indigent, or charity care patients by the parties to the agreement.
(b) In evaluating the disadvantages likely to result from the agreement, the department bureau shall consider, but is not limited to:
(i) the likely adverse impact, if any, on the ability of the health care purchasers to negotiate optimal payment and service arrangements with the health care providers or health provider networks;
(ii) the extent of any reduction in competition among health care providers, purchasers, or other persons furnishing goods or services to or in competition with health care providers or purchasers that is likely to result directly or indirectly from the health care cooperative agreement;
(iii) the likely adverse impact, if any, on patients in the quality, availability, and price of health care services;
(iv) the extent to which the agreement may increase the costs of prices of health care at a hospital or other health care provider which is a party to the agreement;
(v) the extent to which services to Medicaid, indigent, or charity care patients are adversely impacted by the agreement; and
(2) reduction in competition likely to result from the agreement is reasonably necessary to obtain the benefits likely to result. In evaluating whether the reduction in competition is necessary to obtain the likely benefits, the department bureau shall consider, but is not limited to:
(a) the availability of arrangements that:
(i) are less restrictive to competition and achieve the same benefits;
(ii) offer a more favorable balance of benefits over disadvantages attributable to a reduction in competition likely to result from the agreement.
(b) the ease with which health care providers or health care purchasers may obtain contracts with other health plans;
(c) the difficulty in establishing new competing health plans in the relevant geographic market, including the ability to offer services requiring a certificate of need or purchasing these services from another health care provider or health provider network; and
(d) the sufficiency of the number or type of providers under contract with the health plan available to meet the needs of plan enrollees.
(B) The department bureau also may establish conditions for approval that are reasonably necessary to ensure that the cooperative agreement and the activities engaged under it are consistent with this article and its purpose to promote cooperation and limit health care costs, protect against abuse of private economic power, and to ensure that the activity is appropriately supervised and regulated by the State.
Section 44-7-570. (A) The department Bureau of Health Programs shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department bureau shall charge an annual fee to cover the cost of monitoring and regulating these agreements. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement must be filed with the department bureau every two years so that the department bureau shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department bureau may revoke a certificate upon a finding that:
(1) the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or
(2) the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential bureau's reduction in competition resulting from the agreement; or
(3) the department's bureau's certification was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats, or intimidation toward any party to the cooperative agreement.
(B) A decision by the department bureau to revoke a certificate of public advantage is entitled to judicial review in accordance with the Administrative Procedures Act.
(C) Nothing in this article limits the authority of the Attorney General to initiate civil enforcement action or criminal prosecution upon the determination that health care providers, health provider networks, or health care purchasers have exceeded the scope of the certificate of public advantage approved by the department. A review by the Attorney General must be conducted according to the standards set forth in this article.
(D) The department bureau shall promulgate regulations to implement the provisions of this article including any fees and application costs associated with the monitoring and oversight of cooperative agreements approved under this article.
Section 44-7-580. The department Bureau of Health Programs shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect. A dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by normal principles of contract or other applicable law. A party to a cooperative agreement who terminates the agreement shall notify the department bureau within fifteen days of the termination. If all parties terminate their participation in the cooperative agreement, the department bureau shall revoke the certificate of public advantage for the agreement."
SECTION 39. Section 44-7-1420(4) of the 1976 Code is amended to read:
"(4) It is the purpose of this article to empower the governing bodies of the several counties of the State under the terms and conditions of this article to finance the acquisition, enlargement, improvement, construction, equipping and providing of such hospital facilities to the end that the public health and welfare of the people of the State will be promoted at the least possible expense to those utilizing such hospital facilities so provided. In this connection, such governing bodies shall function under the guidance of the State Budget and Control Board of South Carolina and the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services and shall be vested with all powers necessary to enable them to accomplish the purposes of this article, which powers shall be in all respects exercised for the benefits of the inhabitants of the State and to promote the public health and welfare of its citizens.
It is specifically found and declared that all action taken by any county in carrying out the purposes of this article will perform an essential governmental function."
SECTION 40. That portion of Section 44-7-1440 of the 1976 Code before the colon is amended to read:
"Subject to obtaining approvals from the State Board required by Section 44-7-1590 and from the Department of Health and Environmental Control Bureau of Health Programs, required by Section 44-7-1490, the several counties of the State functioning through their respective county boards shall be empowered:"
SECTION 41. Section 44-7-1490 of the 1976 Code is amended to read:
"Section 44-7-1490. The county board shall not undertake the acquisition, construction, expansion, equipping or financing of any hospital facilities unless and until such approval of the Department of Health and Environmental Control Bureau of Health Programs for such undertaking as may be required under Article 3, Chapter 7, Title 44, shall have been obtained."
SECTION 42. Section 44-7-1590 of the 1976 Code is amended to read:
"Section 44-7-1590. (A) No bonds may be issued pursuant to the provisions of this article until the proposal of the county board to issue the bonds receives the approval of the state board. Whenever a county board proposes to issue bonds pursuant to the provisions of this article, it shall file its petition with the state board setting forth:
(1) a brief description of the hospital facilities proposed to be undertaken and the refinancing or refunding proposed;
(2) a statement setting forth the action taken by the Department of Health and Environmental Control Bureau of Health Programs in connection with the hospital facilities;
(3) a reasonable estimate of the cost of hospital facilities;
(4) a general summary of the terms and conditions of the proposed loan agreement; and
(5) such other information as the state board requires.
(B) Upon the filing of the petition the state board, as soon as practicable, shall conduct the review as it considers advisable, and if it finds that the proposal of the governing board is intended to promote the purposes of this article, it is authorized to approve the proposal. At any time following the approval, the county board may proceed with the issuance of the bonds in accordance with the proposal as approved by the state board. Notice of the approval of the proposal by the state board must be published at least once by the state board in a newspaper having general circulation in the county where the hospital facilities are or are to be located. The notice must set forth the action taken by the county board pursuant to Section 44-7-1480 and the action taken by the Department of Health and Environmental Control bureau pursuant to Section 44-7-1490.
(C) Any interested party, within twenty days after the date of the publication of the notice, but not afterwards, may challenge the action so taken by the state board, the county board, or the Department of Health and Environmental Control bureau by action de novo in the court of common pleas in any county where the hospital facilities are to be located."
SECTION 43. Section 44-7-1660(B) of the 1976 Code is amended to read:
"(B) The county board may not enter into a subsidiary loan agreement to finance the acquisition, construction, expansion, equipping, or financing of any hospital facilities until approval of the agreement by the South Carolina Department of Health and Environmental Control Bureau of Health Programs as may be required under Article 3 of Chapter 7 of Title 44."
SECTION 44. Section 44-7-1690 of the 1976 Code is amended to read:
"Section 44-7-1690. Notice of the approval by a county board of any intergovernmental loan agreement or subsidiary loan agreement must be published at least once in a newspaper having general circulation in each county by the respective county board prior to the execution of such agreements. With respect to a subsidiary loan agreement, the notice must set forth the action taken by the county board and the South Carolina Department of Health and Environmental Control Bureau of Health Programs pursuant to Section 44-7-1660. The intergovernmental loan agreement and subsidiary loan agreement must be filed with the clerk of court of the authorizing issuer and the clerk of court of the project county prior to the issuance of the bonds authorized thereby.
Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board of the authorizing issuer or the project county in approving the intergovernmental loan agreement by action de novo in the court of common pleas of the project county or the authorizing issuer.
Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board in approving the subsidiary loan agreement or the Department of Health and Environmental Control bureau with respect to the hospital facilities by action de novo in the court of common pleas in any county where the hospital facilities are to be located."
SECTION 45. Section 44-7-2940 of the 1976 Code, as added by Act 242 of 2002, is amended to read:
"Section 44-7-2940. The Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services shall verify that a direct care entity is conducting criminal record checks as required in this article before the department issues a renewal license for the direct care entity. The department shall act as the channeling agency for any federal criminal record checks required by this article."
SECTION 46. Section 44-7-2950 of the 1976 Code, as added by Act 242 of 2002, is amended to read:
"Section 44-7-2950. An individual who violates this article, or a regulation promulgated pursuant to this article, is subject to a civil fine of one hundred dollars for the first violation and five hundred dollars for each subsequent violation. A fine imposed pursuant to this section must be paid before a direct care entity's license is renewed. Fines collected pursuant to this section must be retained by the department Bureau of Health Programs to help offset the costs associated with carrying out the department's bureau's responsibilities under this article."
SECTION 47. Chapter 29, Title 44 of the 1976 Code is amended to read:
Section 44-29-20. (A) In all cases of known or suspected contagious or infectious diseases occurring within this State the attending physician must report these diseases to the county health department within twenty-four hours, stating the name and address of the patient and the nature of the disease. The county health department must report to the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services all such cases of infectious and contagious diseases as have been reported during the preceding month, these reports to be made upon blanks furnished by the Department of Health and Environmental Control bureau. The Department of Health and Environmental Control bureau must designate the diseases it considers contagious and infectious. The Department of Health and Environmental Control bureau may also designate other diseases for mandatory reporting by physicians. Any physician who fails to comply with the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not exceeding thirty days.
(B) A health care provider, coroner, medical examiner, or any person or entity that maintains a database containing health care data must report all cases of persons who harbor any illness or health condition that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The Department of Health and Environmental Control bureau must designate reportable illnesses and health conditions as set forth in subsection (A).
(C) A pharmacist must report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to:
(1) an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints;
(2) an unusual increase in the number of prescriptions for antibiotics;
(3) an unusual increase in the number of requests for information on over- the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and
(4) any prescription that treats a disease that is relatively uncommon and has bioterrorism potential.
(D) The reports of conditions must be made in the form and manner as prescribed by DHEC the bureau in regulations concerning infectious diseases. The reports must be made to the bureau of Disease Control in the manner required in the regulations. When available, clinical information supporting the diagnoses, including results of specific diagnostic tests, must be included.
(E) For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
Section 44-29-20. Prior to transportation of human remains known to be infected by any dangerous, contagious, or infectious disease into, through, or out of this State or any city, town, or county within this State, the hospital, health or medical clinic, physician, medical facility, person, or other entity in possession of the human remains shall inform any funeral director, ambulance driver, or any other person or entity who is to transport the remains that the remains are infected by a dangerous, contagious, or infectious disease.
In the event that human remains as described above are not to be moved immediately but are to be operated on for purposes of autopsy or otherwise handled, any doctor, technician, or other person charged with the responsibility of handling the remains known to be infected by any dangerous, contagious, or infectious disease must be informed that the remains are so infected.
For the purpose of enforcing this section, the Department of Health and Environmental Control (department) Bureau of Health Programs shall make and distribute, at intervals considered necessary by the department bureau, to all hospitals, health or medical clinics, other medical facilities, persons, or other entities who may normally be in possession of human remains a list declaring what diseases are regarded as dangerous, contagious, or infectious and shall classify these diseases and shall designate the diseases as are of so dangerous a character that transportation of human remains infected by them is forbidden except under conditions as prescribed by the department bureau which it considers proper for the transportation of those remains.
Section 44-29-40. The Department of Health and Environmental Control Bureau of Health Programs shall have general direction and supervision of vaccination, screening and immunization in this State in regard to contagious diseases. The Department of Health and Environmental Control bureau shall have the authority to promulgate rules and regulations concerning vaccination, screening and immunization requirements.
Section 44-29-50. Any person who shall fail, neglect or refuse to comply with any regulation of the Department of Health and Environmental Control Bureau of Health Programs relating to vaccination, screening or immunization shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
Section 44-29-60. Sexually transmitted diseases which are included in the annual Department of Health and Environmental Control Bureau of Health Programs List of Reportable Diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases include all venereal diseases. It is unlawful for anyone infected with these diseases to knowingly expose another to infection.
Section 44-29-70. Any physician or other person who makes a diagnosis of or treats a case of a sexually transmitted disease and any superintendent or manager of a hospital, dispensary, health care related facility, or charitable or penal institution in which there is a case of a sexually transmitted disease shall report it to the health authorities according to the form and manner as the Department of Health and Environmental Control Bureau of Health Programs directs.
Section 44-29-80. Any laboratory performing a positive laboratory test for a sexually transmitted disease shall make a report of the case or positive laboratory test for a sexually transmitted disease to the Department of Health and Environmental Control Bureau of Health Programs in the form and manner as the department bureau directs and shall cooperate with the Department of Health and Environmental Control bureau and local boards of health in preventing the spread of sexually transmitted diseases.
State, district, county, and municipal health officers, in their respective jurisdictions, when in their judgment it is necessary to protect the public health, shall make examination of persons infected or suspected of being infected with a sexually transmitted disease, require persons infected with a sexually transmitted disease to report for treatment appropriate for their particular disease provided at public expense, and request the identification of persons with whom they have had sexual contact or intravenous drug use contact, or both. The health officer may isolate persons infected or reasonably suspected of being infected with a sexually transmitted disease. To the extent resources are available to the Department of Health and Environmental Control Bureau of Health Programs for this purpose, when a person is identified as being infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency Syndrome (AIDS), his known sexual contacts or intravenous drug use contacts, or both, must be notified but the identity of the person infected must not be revealed. Efforts to notify these contacts may be limited to the extent of information provided by the person infected with HIV. Public monies appropriated for treatment of persons infected with a sexually transmitted disease must be expended in accordance with priorities established by the department, taking into account the cost effectiveness, curative capacity of the treatment, and the public health benefit to the population of the State.
Section 44-29-100. Any person who is confined or imprisoned in any state, county, or city prison of this State may be examined and treated for a sexually transmitted disease by the health authorities or their deputies. The state, county, and municipal boards of health may take over a portion of any state, county, or city prison for use as a board of health hospital. Persons who are confined or imprisoned and who are suffering with a sexually transmitted disease at the time of expiration of their terms of imprisonment must be isolated and treated at public expense as provided in Section 44-29-90 until, in the judgment of the local health officer, the prisoner may be medically discharged. In lieu of isolation, the person, in the discretion of the board of health, may be required to report for treatment to a licensed physician or submit for treatment provided at public expense by the Department of Health and Environmental Control Bureau of Health Programs as provided in Section 44-29-90.
Section 44-29-110. No person suffering from any of the sexually transmitted diseases described in Section 44-29-60 may be discharged from confinement unless he is pronounced cured of the disease by a state, county, or municipal health officer or, if no cure is available, upon the recommendation of the Department of Health and Environmental Control Bureau of Health Programs. If any person is released before a complete cure of the sexually transmitted disease of which he is suffering, the department bureau shall direct the individual as to whom to report for further treatment, and failure to report at the stated intervals as directed, in each instance, constitutes a violation of the provisions of Sections 44-29-60 to 44-29-140 and subjects him, upon conviction, to the penalty set forth in Section 44-29-140.
Section 44-29-115. If the Department of Health and Environmental Control Bureau of Health Programs believes that a person must be isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110, it shall file a petition with the probate court of the county where the person is located or where the person resides. The complaint must state the specific harm thought probable and the factual basis for this belief. If the court, after due notice and hearing, is satisfied that the petition is well-founded, it may order that the person must be isolated.
Any person isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110 has the right to appeal to any court having jurisdiction for review of the evidence under which he was isolated.
A court may not order isolation for more than ninety days. If the department bureau determines that the grounds for isolation no longer exist, it shall file a notice of intent to discharge with the court before the person isolated is released.
The person for whom isolation is sought must be represented by counsel at all proceedings and, if he cannot afford to hire an attorney, the court shall appoint an attorney to represent him. The attorney for the person isolated must have access to any documents regarding the isolation.
Every physician attending a pregnant woman in the State for conditions relating to her pregnancy during the period of gestation or at delivery shall, in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of his first examination or within three days thereafter and shall submit such sample to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Such an approved laboratory must participate in an appropriate proficiency testing program approved by the Department of Health and Environmental Control Bureau of Health Programs. Every person, other than a physician, permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause a sample of blood of each such pregnant woman to be taken by a physician duly licensed to practice medicine and surgery, registered nurse, laboratory technician or other person authorized to take blood for blood tests and have such sample submitted to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days. The provisions of this section shall not apply to any person who submits a sworn affidavit stating that she objects to the tests herein required on grounds such tests conflict with her religious tenets or beliefs.
Section 44-29-130. The Department of Health and Environmental Control Bureau of Health Programs shall promulgate regulations necessary to carry out the purposes of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, including regulations providing for labor on the part of isolated persons considered necessary to provide in whole or in part for their subsistence and to safeguard their general health and regulations concerning sexually transmitted diseases as it considers advisable. All regulations so made are binding upon all county and municipal health officers and other persons affected by Sections 44-29-60 to 44-29-140.
Section 44-29-135. All information and records held by the Department of Health and Environmental Control Bureau of Health Programs and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:
(a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or
(b) release is made of medical or epidemiological information with the consent of all persons identified in the information released;
(c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;
(d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or
(e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department bureau. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified.
Section 44-29-136. (A) A portion of a person's sexually transmitted disease test results disclosed to a solicitor or state criminal law enforcement agency pursuant to Section 44-29-135(c) must be obtained by court order upon a finding by the court that the request is valid under Section 44-29-135(c) and that there is a compelling need for the test results. In determining a compelling need, the court must weigh the need for disclosure against both the privacy interest of the test subject and the potential harm to the public interest if disclosure deters future Human Immunodeficiency Virus-related testing and counseling or blood, organ, and semen donation. No information regarding persons other than the subject of the test results must be released. The court shall provide the department and the person who is the subject of the test results with notice and an opportunity to participate in the court hearing.
(B) No court may issue an order solely on the basis of anonymous tips or anonymous information. A person who provides information relied upon by a law enforcement agency or solicitor to obtain records under Section 44-29-135(c) shall sign a sworn affidavit setting forth the facts upon which he bases his allegations. This person shall appear and be subject to examination and cross-examination at the hearing to determine whether an order requiring disclosure should be granted.
(C) Pleadings pertaining to disclosure of test results must substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name must be communicated in documents sealed by the court. Court proceedings must be conducted in camera unless the subject of the test results requests a hearing in open court. All files regarding the court proceedings must be sealed unless waived by the subject of the test results.
(D) Upon issuance of an order to disclose the test results pursuant to Section 44-29-135(c), the court may impose appropriate safeguards against the unauthorized disclosure of the information including, but not limited to, specifying who may have access to the information, the purposes for which the information must be used, and prohibitions against further disclosure of the information.
Section 44-29-140. Any person who violates any of the provisions of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, or any regulation made by the Department of Health and Environmental Control Bureau of Health Programs pursuant to the authority granted by law, or fails or refuses to obey any lawful order issued by any state, county, or municipal health officer, pursuant to Sections 44-29-60 to 44-29-140, or any other law or the regulations prescribed by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
Section 44-29-145. It is unlawful for a person who knows that he is infected with Human Immunodeficiency Virus (HIV) to:
(1) knowingly engage in sexual intercourse, vaginal, anal, or oral, with another person without first informing that person of his HIV infection;
(2) knowingly commit an act of prostitution with another person;
(3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids;
(4) forcibly engage in sexual intercourse, vaginal, anal, or oral, without the consent of the other person, including one's legal spouse; or
(5) knowingly share with another person a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from the other person's body without first informing that person that the needle, syringe, or both, has been used by someone infected with HIV.
A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years.
Section 44-29-146. A physician or state agency identifying and notifying a spouse or known contact of a person having Human Immunodeficiency Virus (HIV) infection or Acquired Immunodeficiency Syndrome (AIDS) is not liable for damages resulting from the disclosure.
'Contact' means the exchange of body products or body fluids by sexual acts or percutaneous transmission.
Section 44-29-150. No person will be initially hired to work in any public or private school, kindergarten, nursery or day care center for infants and children until appropriately evaluated for tuberculosis according to guidelines approved by the Board of Health and Environmental Control Bureau of Health Programs. Re-evaluation will not be required for employment in consecutive years unless otherwise indicated by such guidelines."
Section 44-29-160. Any person applying for a position in any of the public or private schools, kindergartens, nurseries, or day care centers for infants and children of the State shall, as a prerequisite to employment, secure a health certificate from a licensed physician certifying that such person does not have tuberculosis in an active stage.
Section 44-29-170. The physician shall make the aforesaid certificate on a form supplied by the Department of Health and Environmental Control Bureau of Health Programs, whose duty it shall be to provide such forms upon request of the applicant.
Section 44-29-180. (A) No superintendent of an institution of learning, no school board or principal of a school, and no owner or operator of a public or private child day care facility as defined in Section 20-7-2700 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Health and Environmental Control Bureau of Health Programs. Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted.
(B) The Department of Health and Environmental Control bureau shall monitor the immunization status of each child who is enrolled or retained in a licensed child day care facility or a registered church or religious child day care facility. The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Health and Environmental Control bureau for all infants and children.
(C) South Carolina Department of Health and Environmental Control The Bureau of Health Programs Regulation 61-8, as amended, 'Vaccination, Screening and Immunization Regarding Contagious Diseases', and its exemptions apply to this section.
(D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received. A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment. At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, or a valid South Carolina Certificate of Religious Exemption.
(E) Registered family day care homes are exempt from requirements of this section.
Section 44-29-190. Any person who violates the provisions of Section 44-29-180 is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 44-29-195. (A) A student sent home from school for having pediculosis (head lice) only may return to school upon presentation of evidence of treatment and upon a physical screening conducted by the school nurse or other person designated by the principal indicating an absence of pediculosis.
(B) The department Bureau of Health Programs shall make available to eligible families, through the county health departments, products or vouchers for products for the treatment of pediculosis.
For purposes of this subsection, a family is eligible if a child in the family is a student in the public school system and the child receives Medicaid or free or reduced school meals.
Section 44-29-200. Any board of education, school trustees, or other body having control of a school, on account of the prevalence of any contagious or infectious diseases or to prevent the spread of disease, may prohibit or limit the attendance of any employee or student at any school or school-related activities under its control. The decision to prohibit or limit attendance must be based on sound medical evidence and must comply with the official procedures adopted by the board for this purpose. Before lifting a prohibition or restriction on attendance, the board may require a satisfactory certificate from one or more licensed physicians that attendance is no longer a risk to others attending school.
Any board acting in good faith and in compliance with the provisions of this section is not liable for damages which may result from its decision. Nothing in this section relieves a board from its responsibilities to provide a student with educational programs and services appropriate to his needs as required by Section 59-20-30.
Section 44-29-210. (a) (A) Whenever the Board of the Department of Health and Environmental Control or the Director of the Department of Health and Environmental Control If the Bureau of Health Programs approves in writing a mass immunization project to be administered in any part of this State in cooperation with an official or volunteer medical or health agency, any authorized employee of the agency, any physician who does not receive compensation for his services in the project, and any registered nurse who participates in the project, except as provided in subsection (b) (B), is not liable to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine administered in the project by the employee, physician, or nurse. Neither the board nor the director The bureau may not approve the project unless either the bureau finds that the project conforms to good medical and public health practice.
For purposes of this section, a person is considered to be an authorized employee of an official or volunteer medical or health agency if he has received the necessary training for and approval of the Director of the Bureau of the Office of Preventive Health Services of the department bureau for participation in the project.
(b)(B) Nothing in this section exempts any physician, registered nurse, or authorized public health employee participating in any mass immunization project from liability for gross negligence nor do the provisions of this section exempt any drug manufacturer from any liability for any drug or vaccine used in the project.
Section 44-29-230. (A) While working with a person or a person's blood or body fluids, if a health care worker or emergency response employee is involved in an incident resulting in possible exposure to bloodborne diseases, and a health care professional based on reasonable medical judgment has cause to believe that the incident may pose a significant risk to the health care worker or emergency response employee, the health care professional may require the person, the health care worker, or the emergency response employee to be tested without his consent.
(B) The test results must be given to the health care professional who shall report the results and assure the provision of post-test counseling to the health care worker or emergency response employee, and the person who is tested. The test results also shall be reported to the Department of Health and Environmental Control Bureau of Health Programs in a manner prescribed by law.
(C) No physician, hospital, or other health care provider may be held liable for conducting the test or the reporting of test results under this section.
(D) For purposes of this section:
(1) 'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.
(2) 'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies.
(3) 'Bloodborne diseases' means Hepatitis B or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.
(4) 'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:
(a) nature of the risk;
(b) duration of the risk;
(c) severity of the risk;
(d) probabilities the disease will be transmitted and will cause varying degrees of harm.
(5) 'Health care professional' means a physician, an epidemiologist, or infection control practitioner.
(6) 'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.
(E) The cost of any test conducted under this section must be paid by the:
(1) person being tested;
(2) State in the case of indigents; or
(3) public or private entity employing the health care worker or emergency response employee if the cost is not paid pursuant to subitems (1) and (2) above.
Section 44-29-240. A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control Bureau of Health Programs, is scheduled to be performed, is encouraged to know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, is encouraged to have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care.
Section 44-29-250. Notwithstanding any other provision of this chapter or a regulation promulgated under this chapter, a person who collects and anonymously submits a sample of the person's own body fluid or tissue for Human Immunodeficiency Virus (HIV) infection testing is not required to report a positive test result, and the test results are confidential. However, the person or laboratory performing the test on an anonymous sample shall report a positive HIV infection test result to the Department of Health and Environmental Control Bureau of Health Programs, as well as certification to the Department of Health and Environmental Control bureau that counseling options, including community-based resources, and referrals to appropriate medical providers have been made or offered to the positive subject, but the report must not contain any information identifying the subject of the report or any information that may lead to the identification of the subject of the report."
SECTION 48. Article 1, Chapter 31, Title 44 of the 1976 Code is amended to read:
Section 44-31-10. Every attending physician and chief administrative officer having charge of any hospital, clinic, dispensary or other similar private or public institution in the State shall make a report in writing, on a form to be furnished by the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, on every person known by the physician to have tuberculosis or on every patient in the care of such administrator. Such report shall be filed within twenty-four hours after the patient is known by the physician to have tuberculosis or after such patient comes into the care of the administrator.
The report shall contain the name, age, sex, race, occupation, place where last employed if known, and the address or previous address in the case of a patient reported on, and the reporting physician or officer shall also give evidence upon which the diagnosis of tuberculosis has been made, the part of the body affected, and the stage of the disease. All cases in which sputum, urine, feces, pus, or any other bodily discharge, secretion, or excretion contains the tubercle bacillus, shall be regarded as active infectious cases of tuberculosis.
Section 44-31-20. (1) All bacteriological and pathological laboratories rendering diagnostic service shall report to the Department of Health and Environmental Control Bureau of Health Programs, within twenty-four hours after diagnosis, the full name and other available data relating to the person whose sputa, gastric contents, or other specimens submitted for examination reveal the presence of tubercle bacilli. Such report shall include the name and address of the physician or of any other person or agency referring such positive specimen for clinical diagnosis.
(2) All reports and records of clinical or laboratory examination, for the presence of tuberculosis, shall be confidential and recorded in a register maintained by the Department of Health and Environmental Control bureau.
Section 44-31-30. Authorized personnel of the Department of Health and Environmental Control Bureau of Health Programs may inspect all medical records of all public and private institutions and clinics where tuberculosis patients are treated, and shall provide consultation services to officers of State educational, correctional, and medical institutions regarding the control of tuberculosis and the care of patients or inmates having tuberculosis."
SECTION 49. Articles 7 and 9 of Chapter 31, Title 44 of the 1976 Code are amended to read:
Section 44-31-510. All powers, duties, personnel, funds and personal property of the State Park Health Center are hereby transferred to the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services. The title to all real property is hereby vested in the State of South Carolina, to be administered by the State Budget and Control Board.
Section 44-31-520. Patients who are able to pay for their medical care and hospitalization shall be required to do so.
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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
The Committee shall consist of six 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; and one representative from the South Carolina Bureau Vocational Rehabilitation Department both in the Department of Health and Human Services, Division of Human Services; and one representative from the South Carolina Tuberculosis Association.
The 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 50. Section 44-53-10 of the 1976 Code is amended to read::
"Section 44-53-10. The Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services shall take cognizance of the interest of the public health as it relates to the sale of drugs and the adulteration thereof and shall make all necessary inquiries and investigations relating thereto. For such purpose it may appoint inspectors, analysts and chemists who shall be subject to its supervision and removal. The department bureau shall adopt such measures as it may deem necessary to facilitate the enforcement of this chapter. It shall prepare rules and regulations with regard to the proper method of collecting and examining drugs."
SECTION 51. Section 44-53-50 of the 1976 Code is amended to read:
"Section 44-53-50. (A) Except as otherwise provided in this section, a person may not use, sell, manufacture, or distribute for use or sale in this State any cleaning agent that contains more than zero percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding five-tenths of one percent that is incidental to manufacturing. For the purposes of this section, 'cleaning agent' means a laundry detergent, dishwashing compound, household cleaner, metal cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes.
(B) A person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than zero percent phosphorus by weight but does not exceed eight and seven-tenths percent phosphorus by weight that is:
(1) a detergent used in a dishwashing machine, whether commercial or household; and
(2) a substance excluded from the zero percent phosphorus limitation of this section by regulations adopted by the Department of Health and Environmental Control Bureau of Health Programs which are based on a finding that compliance with this section would:
(i) create a significant hardship on the user; or
(ii) be unreasonable because of the lack of an adequate substitute cleaning agent.
(C) This section does not apply to a cleaning agent that is:
(1) used in dairy, beverage, or food processing equipment;
(2) a product used as an industrial sanitizer, brightener, acid cleaner, or metal conditioner, including phosphoric acid products or trisodium phosphate;
(3) used in hospitals, veterinary hospitals, clinics, or health care facilities or in agricultural or dairy production or in the manufacture of health care supplies;
(4) used by a commercial laundry or textile rental service company or any other commercial entity:
(a) to provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;
(b) to clean textile products owned by a commercial laundry or textile rental service company and supplied to industrial or commercial users of the products on a rental basis; or
(c) to clean military, professional, industrial, or commercial work uniforms;
(5) used by industry for metal, fabric, or fiber cleaning or conditioning;
(6) manufactured, stored, or distributed for use or sale outside of this State;
(7) used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (8) used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, ovens, tubs, or other food preparation surfaces and plumbing fixtures;
(9) used as a water softening chemical, antiscale chemical, or corrosion inhibitor intended for use in closed systems such as boilers, air conditioners, cooling towers, or hot water heating systems.
(D) The Department of Health and Environmental Control Bureau of Health Programs shall promulgate regulations to administer and enforce the provisions of this section. Any cleaning agent held for sale or distribution in violation of this section may be seized by appropriate administrative or law enforcement personnel. The seized cleaning agents are considered forfeited.
(E) A person who knowingly sells, manufactures, or distributes any cleaning agent in violation of the provisions of this section shall receive a written warning from the Department of Health and Environmental Control Bureau of Health Programs for the first violation. For a subsequent violation, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year. Each unlawful sale constitutes a separate violation."
SECTION 52. The definitions of 'Commission', 'Department' and 'Depressant or stimulant drug' and 'Immediate precursor' in Section 44-53-110 of the 1976 Code are amended to read:
'Commission' means the South Carolina Commission on Alcohol and Drug Abuse.
'Department' 'Bureau' means the State Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs.
'Depressant or stimulant drug' means :
(a) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid which has been designated as habit forming by the appropriate federal agency or by the department Bureau of Health Programs;
(b) a drug which contains any quantity of amphetamine or any of its optical isomers, any salt of amphetamine or any salt of any optical isomer of amphetamine, or any other substance which the appropriate federal agency, or the department Bureau of Health Programs, after investigation, as found to be capable of being, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or
(c) lysergic acid diethylamide or mescaline, or any other substance which the appropriate federal agency or the department Bureau of Health Programs, after investigation, has found to have, and by regulation designates as having a potential for abuse because of its stimulant or depressant effect on the central nervous system or its hallucinogenic effect.
'Immediate precursor' means a substance which the appropriate federal agency or the department Bureau of Health Programs has found to be and by regulation has designated as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture."
SECTION 53. Section 44-53-160 of the 1976 Code is amended to read:
"Section 44-53-160. (1) Annually, within thirty days after the convening of each regular session of the General Assembly, the department Bureau of Health Programs shall recommend to the General Assembly any additions, deletions or revisions in the schedules of substances, enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250 and 44-53-270, which it deems necessary. The department bureau shall not make any additions, deletions or revisions in such schedules until after notice and an opportunity for a hearing is afforded all interested parties. In making a recommendation to the General Assembly regarding a substance, the department bureau shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) State of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under this Division.
(2) After considering the above factors, the department bureau shall make a recommendation to the General Assembly, specifying to what schedule the substance should be added, deleted or rescheduled, if it finds that the substance has a potential for abuse.
(3) During the time the General Assembly is not in session, the department bureau may by rule add, delete or reschedule a substance as a controlled substance after providing for notice and hearing to all interested parties. Upon the adoption of such rule, the department bureau shall forward copies to the chairmen of the Medical Affairs Committee of the Senate, and the Military, Public and Municipal Affairs Committee of the House of Representatives and to the Clerks of the Senate and House and to the Chairman of the Joint Legislative Committee on Drugs and Narcotics.
(4) If any substance is added, deleted, or rescheduled as a controlled substance under Federal law and notice of the designation is given to the department bureau, the department bureau shall recommend that a corresponding change in South Carolina law be made by the next regular session of the General Assembly not less than thirty days after publication in the Federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless the department bureau objects to the change. In that case, the department bureau shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department bureau shall announce its decision and shall notify the General Assembly in writing of the change in Federal law or regulations and of the department's bureau's recommendation that a corresponding change in South Carolina law be made, or not be made, as the case may be.
If the department bureau does not object to the change of schedule, it shall by rule, at its first regular or special meeting after the final order by the Bureau or its successor agency is published in the Federal register, reschedule the substance into the appropriate schedule, such rule having force of law unless overturned by the General Assembly; in such case, no hearing need be given unless requested by an interested party. This rule issued by the department bureau shall be in substance identical with the order published in the Federal register effecting the change in Federal status of the substance.
(5) The department bureau shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act and the law of this State, be lawfully sold over the counter without a prescription."
SECTION 54. Section 44-53-180 of the 1976 Code is amended to read:
"Section 44-53-180. The department Bureau of Health Programs shall place a substance in Schedule I if it finds that the substance has:
(a) A high potential for abuse;
(b) No accepted medical use in treatment in the United States; and
(c) A lack of accepted safety for use in treatment under medical supervision."
SECTION 55. Section 44-53-200 of the 1976 Code is amended to read:
"Section 44-53-200. The department Bureau of Health Programs shall place a substance in Schedule II if it finds that:
(a) It has a high potential for abuse;
(b) It has a currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(c) Abuse may lead to severe psychic or physical dependence."
SECTION 56. Section 44-53-220 of the 1976 Code is amended read:
"Section 44-53-220. The department Bureau of Health Programs shall place a substance in Schedule III if it finds that:
(a) It has a potential for abuse less than the substances listed in Schedules I and II;
(b) It has a currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence."
SECTION 57. Section 44-53-240 of the 1976 Code is amended to read:
"Section 44-53-240. The department Bureau of Health Programs shall place a substance in Schedule IV if it finds that:
(a) It has a low potential for abuse relative to the substances in Schedule III;
(b) It has a currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III."
SECTION 58. Section 44-53-260 of the 1976 Code is amended to read:
"Section 44-53-260. The department Bureau of Health Programs shall place a substance in Schedule V if it finds that:
(a) It has a low potential for abuse relative to the substances listed in Schedule IV;
(b) It has a currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule IV."
SECTION 59. Section 44-53-280(A) and (E) of the 1976 Code are amended to read:
"(A) The department Bureau of Health Programs Control may promulgate regulations and may charge reasonable fees relating to the license and control of the manufacture, distribution, and dispensing of controlled substances.
(E) Refusal by the department Bureau of Health Programs to reinstate a canceled registration after payment of the renewal fee and penalty and presentation of an explanation constitutes a refusal to renew and the procedures under Section 44-53-320 apply."
SECTION 60. Section 44-53-290 through 44-53-360 are amended to read:
"Section 44-53-290. (a) Every person who manufactures, distributes, or dispenses any controlled substance or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance, shall obtain a registration issued by the department Bureau of Health Programs in accordance with its rules and regulations.
(b) Persons registered by the department bureau under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
(c) The following persons need not register and may lawfully possess controlled substances under this article:
(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d) The department bureau may, by regulation, waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.
(e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.
(f) The department bureau is authorized to inspect the establishment of a registrant or an applicant for a registration in accordance with the rules and regulations promulgated by it.
(g) The department bureau may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
(h) The department bureau may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from State prosecution for possession and distribution of controlled substances to the extent of the authorization.
(i) Practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The Board shall register an applicant to dispense but not prescribe narcotic drugs to individuals for maintenance treatment or detoxification treatment, or both,
(1) if the applicant is a practitioner who is otherwise qualified to be registered under the provisions of this article to engage in the treatment with respect to which registration has been sought;
(2) if the Board determines that the applicant will comply with standards established by the Board respecting security of stocks of narcotic drugs for such treatment, and the maintenance of records in accordance with Section 44-53-340 and the rules issued by the Board on such drugs; and
(3) if the Board determines that the applicant will comply with standards established by the Board after consultation with the South Carolina Methadone Council respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.
(j) Pursuant to the procedures set forth in Section 44-53-300, the department bureau may issue a registration in Schedule V to a nurse practitioner certified to prescribe Schedule V controlled substances by the State Board of Nursing for South Carolina and to a physician's assistant certified to prescribe Schedule V controlled substances by the State Board of Medical Examiners. A nurse practitioner or a physicians' assistant registered by the department bureau pursuant to this subsection may not acquire, possess, or dispense, other than by prescription, a controlled substance except as provided by law.
Section 44-53-300. (a) The department Bureau of Health Programs shall register an applicant to manufacture, distribute, or dispense controlled substances included in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250 and 44-53-270 if it determines that the issuance of such registration is consistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable state or federal law;
(3) Promotion and technical advances in the art of manufacturing these substances and the development of new substances;
(4) Prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution or dispensing of such substances;
(5) Past experience in the manufacture, distribution, and dispensing of controlled substances and the existence in the establishment of effective controls against diversion;
(6) Such other factors as may be relevant to and consistent with the public health and safety; and
(7) Licensing by a federal agency.
(b) A registration granted under subsection (a) of this section shall not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Within the discretion of the department bureau, practitioners may be registered to dispense one or more controlled substances in Schedules II through V if they are authorized to dispense drugs under the law of this State. Such practitioners, properly registered with the department bureau to dispense controlled substances, may also conduct research with non-narcotic controlled substances in Schedules II through V without additional registration as a researcher, provided that prior to engaging in such research, the practitioner shall notify the department bureau in writing of the scope of such research and the name of the controlled substances to be utilized. Practitioners desiring to conduct research with Schedule I controlled substances or with narcotic controlled substances in Schedules II through V shall first obtain a separate researcher registration from the department bureau.
(d) The department of Health and Environmental Control shall permit persons to apply for registration within sixty days after June 17, 1971 who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substances prior to June 17, 1971 and who are registered by the State.
(e) Compliance by manufacturers and distributors with the provisions of the Federal law respecting registration (excluding fees) entitles them to be registered under this article.
Section 44-53-310. (a) An application for a registration or a registration granted pursuant to Section 44-53-300 to manufacture, distribute, or dispense a controlled substance, may be denied, suspended, or revoked by the Board upon a finding that the registrant:
(1) Has materially falsified any application filed pursuant to this article;
(2) Has been convicted of a felony or misdemeanor under any State or Federal law relating to any controlled substance;
(3) Has had his Federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; or
(4) Has failed to comply with any standard referred to in Section 44-53-290(i).
(b) The department Bureau of Health Programs 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 Office of Mental Health, Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.
(c) The department bureau may suspend, deny, or revoke the registration of any registrant or applicant for the conviction of any felony or misdemeanor involving moral turpitude.
(d) The department bureau may suspend, deny, or revoke the registration of any registrant or applicant for violation of any of the rules and regulations issued by the department bureau relating to controlled substances.
(e) The department bureau may suspend, deny, or revoke the registration of any registrant or applicant if it finds that the security provided for the storage of controlled substances is inadequate to the extent that repeated diversions by theft have occurred.
(f) The department bureau may suspend, deny, or revoke the registration of any registrant or applicant upon a finding by the department bureau that the registrant or applicant has violated any statutory provision of this article.
Section 44-53-320. (a) Order to show cause.--Before denying, suspending or revoking a registration, or refusing a renewal of registration, the department Bureau of Health Programs shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the department bureau at a time and place not less than thirty days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty days before the expiration of the registration. These proceedings shall be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
(b) The department bureau, without an order to show cause, may suspend any registration simultaneously with the institution of proceedings under Section 44-53-310, or where renewal of registration is refused if it finds that there is an imminent danger to the public health or safety which warrants this action. A failure to comply with a standard referred to in Section 44-53-290(i) may be treated under this subsection as grounds for immediate suspension of a registration granted under such section. The suspension shall continue in effect until withdrawn by the Board or dissolved by a court of competent jurisdiction.
(c) In the event the department bureau suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the suspension or revocation is withdrawn by the department bureau or dissolved by a court of competent jurisdiction, unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances shall be forfeited to the State.
(d) After proper hearing of either a formal or informal nature, the department bureau, upon its own motion or otherwise, may tender to any respondent in an action brought under subsection (a) of this section, an offer of an administrative consent order if it is found that such administrative consent order properly serves the interests of justice. Such order may contain total or partial revocation of a portion or all of the registration to be affected; assessment of a civil fine and a probationary registration period as provided in Section 44-53-310; terms of any probationary registration; and any other terms affecting such registration as may be agreed upon and consented to by the parties to the order. Such order shall become effective on the date signed by the administrative hearing officer designated by the department bureau unless another date is specified within the order. Violation of such order by the respondent thereto at any time subsequent to the effective date of the order and prior to the expiration of the order or the probationary registration period set forth therein shall cause the registration affected by such order to be revoked, after notice of such revocation is mailed to the respondent at his last known address.
Section 44-53-330. Upon the conviction of any person of the violation of any provision of this article, a certified copy of the judgment of conviction shall be sent by the clerk of the court to the licensing board by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. Upon final order of the department Bureau of Health Programs suspending, denying, modifying, or revoking the controlled substances registration of any registrant or applicant under this article, or upon the execution and approval of an administrative consent order provided for by Section 44-53-320, the department bureau shall forward a copy thereof to the licensing board by whom the affected registrant or applicant has been licensed or registered to practice his profession or carry on his business, if such licensing board be in existence.
Section 44-53-340. Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of Federal law and with any additional rules the department Bureau of Health Programs issues.
Section 44-53-350. (a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form prescribed by the department Bureau of Health Programs. Compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this section.
(b) Nothing contained in subsection (a) shall apply:
(1) To the administering or dispensing of such substances to a patient by a practitioner in the course of his professional practice, however, such practitioner shall comply with the requirements of Section 44-53-340;
(2) To the distribution or dispensing of such substances by a pharmacist to an ultimate user pursuant to a written prescription issued by a practitioner authorized to issue such prescription, however, such pharmacist shall comply with the requirements of Section 44-53-340.
Section 44-53-360. (a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, or in emergency situations as prescribed by the department Bureau of Health Programs by regulation, no controlled substance included in Schedule II may be dispensed without the written prescription of a practitioner. Prescriptions shall be retained in conformity with the requirements of Section 44-53-340. No prescription for a controlled substance in Schedule II may be refilled.
(b) Except in emergency situations as prescribed by the department bureau by regulation, and except when distributed to a registrant or dispensed by a practitioner, other than a pharmacist, no controlled substance included in Schedule III or IV shall be dispensed without a written or oral prescription, reduced promptly to writing and filed by the pharmacist. Such prescription, when authorized, may not be refilled more than five times or later than six months after the date of the prescription unless renewed by the practitioner.
(c) No controlled substances included in any schedule may be distributed or dispensed for other than a medical purpose. No practitioner may dispense a Schedule II narcotic controlled substance for the purpose of maintaining the addiction of a narcotic dependent person outside of a facility or program approved by the Department of Health and Environmental Control bureau. No practitioner may dispense a controlled substance outside of a bona fide practitioner-patient relationship.
(d) Unless specifically indicated in writing on the face of the prescription that it is to be refilled, and the number of times specifically indicated, no prescription may be refilled. The indication of 'PRN' or 'ad lib' or phrases, abbreviations, or symbols of like meaning shall not be construed as to exceed five refills or six months, whichever shall first occur. Preprinted refill instructions on the face of a prescription shall be disregarded by the dispenser unless an affirmative marking or other indication is made by the prescriber.
(e) Prescriptions for controlled substances in Schedules II through V, inclusive, with the exception of transdermal patches, must not exceed a thirty-one day supply. Prescriptions for Schedule II substances must be dispensed within sixty days of the date of issue, after which time they are void.
(f) Preprinted prescriptions for controlled substances in any schedule are prohibited.
(g) The board shall, by rules and regulations, specify the manner by which prescriptions are filed.
(h) A prescription, in order to be effective in legalizing the possession of a controlled substance and eliminating the need for registration of the recipient, must be issued for legitimate medical purposes. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding liability rests with the pharmacist who fills and ultimately dispenses the prescription. An order purporting to be a prescription issued to a drug dependent person, not in the course of generally accepted medical treatment, but for the purpose of providing the user with controlled substances sufficient to maintain his dependence upon the substance, or to provide him with quantities of controlled substances in great excess of normal dosage ranges as recommended by the manufacturer of the substance, is not a prescription within the meaning and intent of this article; and the person filling or dispensing such an order, as well as the person issuing it, shall be deemed in violation of this section.
(i) A prescription for a controlled substance in Schedules II through V may not be filled unless the dispenser knows the recipient or requires proper identification and notes the identification source on the prescription."
SECTION 61. Section 44-53-395(A)(2) of the 1976 Code is amended to read:
"(2) for any person other than a practitioner registered with the department Bureau of Health Programs under this article to possess a blank prescription not completed and signed by the practitioner whose name appears printed thereon;"
SECTION 62. Section 44-53-430 of the 1976 Code is amended to read:
"Section 44-53-430. Any person may appeal from any order of the department Bureau of Health Programs within thirty days after the filing of the order, to the court of common pleas of the county in which the aggrieved party resides or in which his place of business is located. The department bureau shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions."
SECTION 63. 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 Office 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 64. Section 44-53-480 of the 1976 Code is amended to read:
"Section 44-53-480. (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 Office 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 Office 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. (b) The Department of Health and Environmental Control Bureau of Health Programs shall be primarily responsible for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, health care facilities and other practitioners as well as in the possession of any individuals or institutions authorized to have possession of such substances and shall also be primarily responsible for such other duties in respect to controlled substances as shall be specifically delegated to the Department of Health and Environmental Control bureau by the General Assembly. Drug inspectors and special agents of the Department of Health and Environmental Control bureau as provided for in Section 44-53-490, while in the performance of their duties as prescribed herein, shall have:
(1) Statewide police powers;
(2) Authority to carry firearms;
(3) Authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses;
(4) Authority to make investigations to determine whether there has been unlawful dispensing of controlled substances or the removal of such substances from regulated establishments or practitioners into illicit traffic;
(5) Authority to seize property; and
(6) Authority to make arrests without warrants for offenses committed in their presence.
(c) The Department of Health and Environmental Control bureau may contract with the Board of Pharmaceutical Examiners for the Chief Drug Inspector of the Board of Pharmacy and his assistants, to enforce the provisions of this article with respect to inspections and audits which apply to pharmacists or pharmacies whether located in drugstores, hospitals or other health care facilities."
SECTION 65. Section 44-53-490 of the 1976 Code is amended to read:
"Section 44-53-490. The Department of Health and Environmental Control Bureau of Health Programs 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 bureau and a copy to the Commission on Office 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 bureau may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the department Bureau of Health Programs by this article.
SECTION 66. Section 44-53-500(b) of the 1976 Code is amended to read:
"(b) The Department of Health and Environmental Control Bureau of Health Programs 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 Office 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 bureau 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 67. Section 44-53-520(b), (d), (g), and (k) of the 1976 Code are amended to read:
"(b) Any property subject to forfeiture under this article may be seized by the department Bureau of Health Programs having authority upon warrant issued by any court having jurisdiction over the property. Seizure without process may be made if:
(1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon this article;
(3) the department bureau has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) the department bureau has probable cause to believe that the property was used or is intended to be used in violation of this article.
(d) Any property taken or detained under this section is not subject to replevin but is considered to be in the custody of the department bureau making the seizure subject only to the orders of the court having jurisdiction over the forfeiture proceedings. Property described in Section 44-53-520(a) is forfeited and transferred to the government at the moment of illegal use. Seizure and forfeiture proceedings confirm the transfer.
(g) The failure, upon demand by the department bureau having authority to make the demand, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(k) Property or conveyances seized by a law enforcement agency or department bureau must not be used by officers for personal purposes."
SECTION 68. Section 44-53-560 of the 1976 Code is amended to read:
"Section 44-53-560. All agents of the Department of Health and Environmental Control Bureau of Health Programs who, sixty days after June 17, 1971, are either engaged in the enforcement of laws or regulations relating to controlled or counterfeit substances, except whose primary responsibility is making accountability audits, are hereby transferred to and shall be considered part of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division."
SECTION 69. Articles 4 and 5 of Chapter 53, Title 44 of the 1976 Code are amended to read:
Section 44-53-610. This article may be cited as the "South Carolina Controlled Substances Therapeutic Research Act of 1980".
Section 44-53-620. As used in this article unless the context clearly indicates otherwise:
(a) 'Director' means the Director of the Department of Health and Environmental Control Bureau of Health Programs;
(b) 'Marijuana' means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol;
(c) 'Practitioner' means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the 1976 Code.
Section 44-53-630. (A) There is established in the Department of Health and Environmental Control Bureau of Health Programs a controlled substances therapeutic research program. The program shall be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department bureau shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department bureau shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health.
(B) Except as provided in subsection (c) of Section 44-53-640, the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects.
Section 44-53-640. (a) The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be comprised of:
(1) a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology;
(2) a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology;
(3) a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and
(4) a pharmacologist holding a Doctoral degree or its equivalent. Members of the board shall be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.
(b) The department Bureau of Health Programs shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners and certify their participation in the program.
(c) The department bureau, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department bureau and after necessary approval is received by the appropriate federal agencies.
Section 44-53-650. (a) The director shall obtain marijuana through whatever means he deems most appropriate consistent with federal law.
(b) The director shall cause such analyzed marijuana to be transferred to various locations throughout the State that provide adequate security as set forth in federal and state regulations for the purpose of distributing such marijuana to the certified patient in such manner as is consistent with federal law. The patient shall not be required to pay for such marijuana but the director may charge for ancillary medical services provided by the department Bureau of Health Programs to compensate the department bureau for the cost, if any, of securing such marijuana, and providing it to the patient.
Section 44-53-660. The director shall annually report to the General Assembly his opinion as to the effectiveness of this program and his recommendations for any changes thereto.
Section 44-53-710. The South Carolina Department of Health and Environmental Control Bureau of Health Programs has exclusive control over the controlled substance methadone.
Section 44-53-720. Methadone and its salts are restricted to: (1) use in treatment, maintenance, or detoxification programs as approved by the Department of Health and Environmental Control Bureau of Health Programs.
(2) dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control bureau.
(3) dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5.
Section 44-53-730. No supplier, distributor, or manufacturer may sell or distribute methadone or its salts to an entity for use, except as provided for in Section 44-53-720.
Section 44-53-740. The Board of the Department of Health and Environmental Control Bureau of Health Programs shall promulgate regulations necessary to carry out the provisions of this article.
Section 44-53-750. An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control Bureau of Health Programs. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.
Section 44-53-760. Parental consent shall be obtained for all persons under eighteen years of age prior to admission to a methadone maintenance program;
provided, that if any court of competent jurisdiction declares a person under eighteen years of age an emancipated minor, then such person may be admitted to the program without parental consent."
SECTION 70. Section 44-53-930 of the 1976 Code is amended to read:
"Section 44-53-930. Sales at retail of hypodermic needles or syringes shall be made only by a registered pharmacist or registered assistant pharmacist through a permitted pharmacy as authorized by Section 40-43-370, except that syringes and hypodermic needles may be sold by persons lawfully selling veterinary medicines as authorized by item (8) of Section 40-69-220 if they register annually with the Department of Health and Environmental Control Bureau of Health Programs and pay such registration fee as may be required by the department bureau and they shall be subject to the provisions of Section 44-53-920."
SECTION 71. Section 44-53-1320(a) and (k) of the 1976 Code are amended to read:
"(a) 'Department' 'bureau' means the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs.
(k) 'Director' means the Director of the Department of Health and Environmental Control Bureau of Health Programs."
SECTION 72. Sections 44-53-1360, 44-53-1370, 44-53-1380, and 44-53-1390 of the 1976 Code are amended to read:
"Section 44-53-1360. The director shall establish a program for early diagnosis of cases of lead poisoning. The program shall provide for systematic examination for lead poisoning of all children at risk under six years of age residing within the State. Examinations shall be made by such means and at such intervals as the director shall determine to be medically necessary and proper. The program, to the extent that all children residing within the State are not systematically examined, shall give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found. When the department Bureau of Health Programs is informed of a case of lead poisoning pursuant to Section 44-53-1380 or otherwise, the director or his representative shall cause to have examined within thirty days all other children under six years of age, and such other children as he may find advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim unless the parents or guardian of the child objects to the examination because it conflicts with his religious beliefs or practices. The department bureau shall maintain comprehensive records of all examinations conducted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of the persons examined shall not be included. A summary of the results of all examination conducted pursuant to this section shall be released yearly to all interested parties or more frequently if the director so determines. All cases or probable cases of lead poisoning, as defined by regulation of the director, found in the course of examinations conducted pursuant to this section shall be reported immediately to the affected person, to his parent or legal guardian if he is a minor, and to the director. The director or his representative shall inform such persons or agencies as he deems advisable of the existence of such case or probable case. The name of any person contracting lead poisoning shall not be included unless the director determines that the inclusion is necessary to protect his health and well-being.
Section 44-53-1370. The department Bureau of Health Programs shall institute an educational and publicity program in order to inform the general public, and particularly parents of children residing in areas of significant exposure to sources of lead poisoning; teachers, social workers and other human service personnel; owners of residential property, particularly property constructed previous to 1945; and health services personnel, particularly interns, residents and other intake personnel at major hospitals, of the dangers, frequency and sources of lead poisoning and the methods of preventing such poisoning.
Section 44-53-1380. Whenever any physician, hospital, public health nurse or other diagnosing person or agency knows or has reason to believe that any person he examines or treats has or is suspected of having lead poisoning, such person shall within seven days give notice thereof to the department Bureau of Health Programs. The department bureau shall specify the procedure to be followed in making the reports and shall provide the necessary forms. When the reports are received, the department bureau shall, by laboratory work and otherwise, assist the attending physician or other person in determining whether the case is one of lead poisoning and, if so, the source of the poison. The director shall maintain comprehensive records of all reports submitted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of any person contracting lead poisoning shall not be included.
Section 44-53-1390. When the department Bureau of Health Programs is informed of a case of lead poisoning pursuant to Sections 44-53-1360 and 44-53-1380, or otherwise, any authorized representative of the department bureau upon presentation of the appropriate credentials to the householder and with the consent of the householder or his agent may enter and inspect a private dwelling or child care facility at reasonable times and in a reasonable manner for the purpose of ascertaining the presence of lead base substances and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the inspector shall obtain an inspection warrant before he can inspect the premises. Upon the request of any occupant, the director or his representative shall cause to have the occupant's premises inspected within a reasonable time, not to exceed ten days, unless systematic inspection of the areas in which the person requesting the inspection resides is scheduled within thirty days, in which case the inspection may be deferred up to twenty additional days."
SECTION 73. Section 44-53-1430 of the 1976 Code is amended to read:
"Section 44-53-1430. Whenever a child under six years of age resides in any dwelling unit or child care facility in which any paint or other similar surface-coating material contains dangerous levels of lead which is on an exposed surface, as defined pursuant to Section 44-53-1320:
(a) The department bureau shall post in or upon the dwelling, dwelling unit or child care facility, in conspicuous places, notice of the existence of the substances which constitute a public health nuisance. Notice shall not be removed until the department bureau states that the lead base substances no longer constitute a public health nuisance.
(b) The department bureau shall give notice of the existence of the substances to all persons residing in the dwelling, dwelling unit or child care facility.
(c) The department bureau shall give notice of the existence of the substances to the owner or managing agent and order that the lead base substance on the exposed surface be removed, replaced or securely and permanently covered within thirty days of receipt of notice. If, at the discretion of the director, the condition cannot be corrected within thirty days, an extension of reasonable time may be granted. The owner, agent or person in control of any building subject to this article shall have the right to appeal within thirty days from the decision of the department bureau to any court of competent jurisdiction, stating in the notice of appeal the grounds therefor, and the court shall affirm, modify or revoke the decision of the department bureau within thirty days of receipt of the notice of appeal. If, before the end of the thirty-day period or extension, the owner sells the dwelling or child care facility, he shall notify the prospective buyer of the lead problem and the new owner shall assume the responsibility of carrying out the requirements of this section within the specified time period."
SECTION 74. Chapter 61, Title 44 of the 1976 Code is amended to read:
Section 44-61-10. This chapter may be cited as 'The Emergency Medical Services Act of South Carolina'.
Section 44-61-20. As used in this chapter, and unless otherwise specified, the term:
(a) 'Ambulance' means any vehicle that is intended to be used for and is maintained or operated for transportation of persons who are sick, injured, wounded or otherwise incapacitated.
(b) 'Attendant' means a trained and qualified individual responsible for the operation of an ambulance and the care of the patients, whether or not the attendant also serves as driver.
(c) 'Attendant-driver' means a person who is qualified as an attendant and a driver.
(d) 'Driver' means an individual who drives or otherwise operates an ambulance.
(e) 'Permit' means an authorization issued for an ambulance vehicle which meets the standards adopted pursuant to this chapter.
(f) 'License' means an authorization to a person, firm, corporation or governmental division or agency to provide emergency medical services in the State.
(g) 'Licensee' means any person, firm, corporation or governmental division or agency possessing authorization, permit, license or certification to provide EMS service in this State.
(h) 'Certificate' means official acknowledgment by the Department that an individual has successfully completed one of the appropriate emergency medical technician training courses referred to in this chapter which entitles that individual to perform the functions and duties as delineated by the classification for which the certificate was issued.
(i) 'Board' means the governing body of the Department of Health and Environmental Control or its designated representative 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(j) 'Emergency medical service system' means the arrangement of personnel, facilities and equipment for the delivery of health care services under emergency conditions.
(k) 'Emergency medical technician' (technician) means an individual possessing a valid certificate issued pursuant to the provisions of this chapter.
(l) 'Standards' means the required measurable components of an EMS system having permanent and recognized value which provide adequate emergency health care delivery.
(m) 'Authorized agent' means any individual designated to represent the Department.
(n) 'Patient' means an individual who is sick, injured, wounded or otherwise incapacitated or helpless.
(o) 'Operator' means an individual, firm, partnership, association, corporation, company, group or individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States.
(p) "Department" means the administrative agency known as the Department of Health and Environmental Control Reserved.
(q) 'National Registry of Emergency Medical Technicians license' means that an individual has passed a technician's examination in his state of residence, meeting the minimum training requirements deemed necessary, and is a member of the National Registry of Emergency Medical Technicians.
(r) 'In-service training' means a course of training approved by the department that is conducted by the licensed provider for his personnel at his prime location.
(s) 'Convalescent vehicle' means a vehicle that is used for making nonemergency calls such as scheduled visits to a physician's office or hospital for treatment, routine physical examinations, x-rays or laboratory tests, or is used for transporting patients upon discharge from a hospital or nursing home to a hospital or nursing home or residence, or other nonemergency calls.
(t) 'EMT First Responder Agency' means a licensed agency providing medical care at the EMT Basic level or above, as a nontransporting first responder.
Section 44-61-30. (a) The Department of Health and Environmental Control Bureau of Health Programs, with the advice of the Emergency Medical Services Advisory Council, shall develop standards and prescribe regulations for the improvement of emergency medical services (hereinafter referred to as EMS) in the State. All administrative responsibility for this program is vested in the department.
(b) The EMS program shall include:
(1) the regulation and licensing of public, private, volunteer, or other type ambulance services; however, in developing these programs for regulating and licensing ambulance services, the programs must be formulated in such a manner so as not to restrict or restrain competition;
(2) inspection and issuance of permits for ambulance vehicles;
(3) the licensing of EMT first responder agencies;
(4) training and certification of EMS personnel;
(5) development, adoption, and implementation of EMS standards and state plan;
(6) the development and coordination of an EMS communications system; and
(7) designation of trauma centers and the categorization of hospital emergency departments.
(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control Bureau of Health Programs, 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 44-61-40. (a) No person, firm, corporation, association, county, district, municipality, or metropolitan government or agency, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to engage in the business or service of providing EMT first response or ambulance service, or both, without obtaining a valid license and ambulance permit issued by the department Bureau of Health Programs.
(b) Initial license applications shall be filed with the appropriate official of the Department bureau having authority over emergency services. As a minimum, license applications shall contain evidence of ability to conform to the standards and regulations established by the Board and such other information as may be required by the Department bureau. Upon receipt of the application, the Department bureau official shall approve the application if the applicant demonstrates ability to conform to the duly published standards and regulations within thirty days. If the application is approved, the license shall be issued. If the application is disapproved the applicant shall have the right to appeal such decision to the Board bureau within thirty days after receiving the notice required below. The Department bureau official shall notify the applicant in writing of the reasons for such disapproval and of his right to appeal to the Board bureau. If the applicant appeals to the Board bureau, the decision to grant or deny the license application shall be by majority vote of the total membership of the Board bureau at a full evidentiary hearing to be conducted within thirty days from receipt of the applicant's appeal. The decision of the Board bureau shall be mailed to the applicant within thirty days after the hearing together with a statement as to the reasons for denial in the event the Board bureau denies such appeal. Such decision shall constitute final administrative action and be subject to review by the circuit court upon petition filed by the applicant with the court and a copy thereof served upon the secretary of the Board bureau within thirty days from the date of delivery of the decision of the Board bureau to the applicant.
(c) License and permits shall be renewable every two years, upon compliance with Section 44-61-80(d).
Section 44-61-50. Hereafter, no vehicle may be operated as an ambulance, except its licensed owner apply for and receive an ambulance permit issued by the Department Bureau of Health Programs for that vehicle. Prior to issuing an original permit for an ambulance, the vehicle for which the permit is issued shall meet all requirements as to vehicle design, construction, staffing, medical and communication equipment and supplies, and sanitation as set forth in this chapter or in the standards and regulations established by the Board bureau. Permits issued for ambulances shall be valid for a period not to exceed two years.
Section 44-61-60. (a) Such equipment as deemed necessary by the Department of Health and Environmental Control Bureau of Health Programs shall be required of organizations applying for ambulance permits. Each licensee of an ambulance shall comply with such regulations as may be promulgated by the Board bureau and shall maintain in each such ambulance at all times, when it is in use as such, all such equipment as may be prescribed by the Board bureau.
(b) The transportation of patients and the provision of emergency medical services shall conform to standards adopted by the Board bureau.
Section 44-61-65. Organizations applying for first responder licensure must comply with equipment, training, and certification standards and other requirements promulgated by the department Bureau of Health Programs in regulation.
Section 44-61-70. (a) The appropriate official of the department bureau having authority over emergency services shall have authority to recommend suspension of the license, certificate or permit of any person, firm, corporation, association, county, district, municipality or metropolitan government or agency for noncompliance with this chapter or the standards or the rules and regulations promulgated pursuant thereto.
The department bureau official, if he has reason to believe that reasonable grounds exist, shall recommend to the board bureau the suspension or revocation of the authorization, license, permit or certification of the licensee and shall notify the licensee of his recommendation not less than thirty days before the board bureau shall consider such recommendation. The notice shall specify the alleged grounds therefor and the licensee shall be offered an opportunity to be heard at the hearing of the board bureau in answer thereto. The board bureau, at a full evidentiary hearing, shall determine whether or not the authorization, license, permit or certification shall be suspended or revoked. The decision to suspend or revoke shall be by majority vote of the total membership of the board bureau. Such decision shall constitute final administrative action and shall be subject to review by the Circuit Court upon petition filed with the court and a copy thereof served upon the secretary of the board bureau within thirty days from the date of delivery of the decision of the board from which such person is appealing.
No suspension or revocation of a license, authorization, permit or certification shall be effective until such time as the question of suspension or revocation has been finally resolved and if a decision of the board is appealed in court, no such suspension or revocation shall be effective until a final court determination is made. Provided, however, that if the Director of the Department of Health and Environmental Control bureau determines that a clear and present danger would exist to the public health, safety or welfare if the license, authorization, permit or certification were not immediately suspended or revoked, the suspension or revocation shall be immediate.
(b) Grounds for revocation or suspension of an authorization, license, permit or certification shall exist for violation of any rule or regulation prescribed by the Board bureau if such rule or regulation has been duly filed with the Secretary of State.
(c) Whoever hinders, obstructs or interferes with an officer, inspector or duly authorized agent of the Department bureau while in the performance of his duties or violates any provision of this chapter or rule or regulation of the Board promulgated pursuant thereto shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two thousand dollars or by imprisonment for not less than ten days nor more than six months for each offense. Any certificate of the Department bureau in regard to the records of the Department bureau shall be admissible in evidence in all prosecutions under this chapter.
Section 44-61-80. (a) All ambulance attendants shall obtain a valid emergency medical technician certificate unless an exception is granted pursuant to regulations promulgated by the department Bureau of Health Programs.
(b) The Department bureau shall develop and approve curricula for the necessary classification of emergency medical technicians and approve the training program for the necessary classifications of emergency medical technicians.
(c) Any person desiring certification as an emergency medical technician must complete the appropriate emergency medical technician course and apply to the Department bureau. The Department bureau shall make a determination of the applicant's qualifications and shall issue the appropriate certificate to the applicant. The National Registry of Emergency Medical Technicians licenses shall be acceptable to obtain a state emergency medical technician's certificate.
(d) A certificate is valid for a period not exceeding three years from the date of issuance and may be renewed every three years from the date of original certification subject to the holder completing a refresher course and examination during the three-year certification period as required by the department and provided for by this chapter. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after two attempts will require completion of the refresher course and reexamination. The curriculum for in-service training programs required in this subsection shall include but not be limited to subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at ambulance services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, and all others are required to take the prescribed written exam before renewal.
(e) The department bureau shall suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department or has failed to provide to patients emergency medical treatment of a quality deemed acceptable by the department bureau or is guilty of misconduct as outlined by the rules and regulations.
(f) All instructors of emergency medical technician training courses shall be certified by the Department bureau pursuant to requirements established by the Board bureau; and all such training courses shall be supervised by certified instructors.
Section 44-61-90. Each licensee shall maintain records that include approved patient care report forms, employee/member rosters, time sheets, call rosters, and training records. These records must be available for inspection by the department Bureau of Health Programs at any reasonable time and copies must be furnished to the department bureau upon request.
Section 44-61-100. The following are exempted from the provisions of this chapter:
(a) Ambulances owned and operated by the Federal Government.
(b) A vehicle or vehicles rendering assistance to community ambulances in the case of a catastrophe when licensed ambulances in the locality are insufficient to render the required services.
(c) The use of a privately or publicly owned vehicle, not ordinarily utilized in the transportation of persons who are sick, injured or otherwise incapacitated and operating under the provisions of Section 15-1-310 (Good Samaritan Act) in the prevention of loss of life and alleviation of suffering.
Section 44-61-105. The governing body of any county may exempt, by ordinance, any ambulances used primarily as convalescent transport units from the size provisions of this chapter or any regulations relating to size requirements promulgated pursuant to this chapter.
Any vehicle which does not meet the size requirements named in federal specification KKK-A-1822 may be used as a convalescent transport unit provided it meets the following requirements:
1. There shall be no restrictions concerning the painted color of convalescent transport units.
2. No emblems or markings detailed in Section 7-V(A) of Regulation 61-7 of the department may be employed by convalescent transport units, except that the name of the operating company or organization shall be allowed on the vehicle.
3.(a) The minimum inside length from the back of the driver's seat to the closed rear door of the vehicle is one hundred eight inches.
(b) The minimum inside width is sixty-six inches from window to window.
(c) The minimum inside height from floor to ceiling is fifty-two inches.
4.(a) Rear doors shall swing clear of the opening to permit full access to the patient compartment.
(b) All patient compartment doors shall incorporate a holding device to prevent the door closing unintentionally from wind or vibration. When doors are open the holding device shall not protrude into the access area.
(c) The spare tire shall be secured and stored in such a position that it may be removed without disturbing the patient.
5.(a) Lighting must be available for both the driver and an attendant, if riding in the driving compartment, to read maps, records, etc. There must be shielding of the driver's area from the lights in the patient compartment.
(b) Illumination must be sufficient throughout the compartment for adequate observation of vital signs, such as skin color and pupillary reflex, and for care in transit. Controls will be located in the patient compartment.
6.(a) There shall be at least one flood light mounted above the rear door of the vehicle.
(b) Convalescent transport units are prohibited from using emergency lights. Yellow warning lights may be installed, however, with use limited to emergencies that may develop while transporting convalescent patients.
7. All safety factors for the patient compartment detailed in Section 7-V(A) 10 of Regulation 61-7 of the department shall be employed by convalescent transport units with the exception of 7-V(A)10(a).
8. All environmental equipment and specifications detailed in Section 7-V(A)11 of Regulation 61-7 of the department shall be employed by convalescent transport units with the exception that there need not be separate heating and air conditioning controls in the patient compartment unless a bulkhead or other physical boundary prevents adequate circulation.
9. A spare wheel with appropriate size, inflated, mounted tire shall be provided in addition to a jack and wheel lug wrench.
10. Convalescent transport units shall have storage cabinets of sufficient size and configuration to store all required equipment. All equipment must be accessible to the attendant at all times.
11. All convalescent transport units are prohibited the use of any siren or public address system.
12. All windows, windshield and door glass must be shatterproof.
13. Convalescent transport units must be equipped with the minimum ambulance medical equipment detailed in Section 7-VI of Regulation 61-7 of the department.
14. There must be at least one certified Emergency Medical Technician in the patient compartment each time a patient is transported.
Nothing in this section shall be interpreted as prohibiting those ambulances meeting the requirements of federal specification KKK-1822 from operating as both convalescent and emergency vehicles.
Section 44-61-110. No financial grants or funds administered by the State for emergency medical services pertinent to this chapter shall be made available to counties or municipalities not in compliance with the provisions of this chapter.
Section 44-61-120. The Department Bureau of Health Programs shall develop a comprehensive statewide emergency medical services plan to implement and insure the delivery of adequate emergency medical services to every citizen.
Section 44-61-130. A duly certified emergency medical technician may perform any function consistent with his certification, according to such rules and regulations as the board may prescribe.
Emergency Medical Technicians, trained to provide advanced life support and possessing current Department of Health and Environmental Control Bureau of Health Programs certification, are authorized to possess limited quantities of drugs, including controlled substances, as may be approved by the Department of Health and Environmental Control bureau for administration to patients during the regular course of duties of such Emergency Medical Technicians, pursuant to the written or verbal order of a physician possessing a valid license to practice medicine within this State provided such physician is registered under the State and federal laws pertaining to controlled substances.
Section 44-61-140. Nothing in this chapter may be construed as limiting presently operating rescue units from utilizing their existing equipment and performing the functions they are now allowed to do so long as they do not conflict with licensed agencies contained in subsection (a) of Section 44-61-40.
Section 44-61-150. All rules and Regulations must be promulgated by the Board shall be filed with the Secretary of State Bureau of Health Programs in accordance with the Administrative Procedures Act.
Section 44-61-300. This article may be cited as the Children's Emergency Medical Services Act.
Section 44-61-310. As used in this article:
(1) 'Advanced life support' means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized by the department pursuant to regulations.
(2) 'Basic life support' means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the department pursuant to regulations.
(3) '"Coordinator' means the person coordinating the EMSC Program within the Department of Health and Environmental Control Bureau of Health Programs, Department of Health and Human Services, Division of Health Services.
(4) "Department" means the Department of Health and Environmental Control 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(5) 'Director' means the director of the Department of Health and Environmental Control Reserved.
(6) 'EMSC Program' means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children.
(7) 'Emergency medical services personnel' means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.
(8) 'Pre-hospital care' means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
Section 44-61-320. There The Emergency Medical Services for Children (EMSC) Program is established within the Department of Health and Environmental Control, Division Department of Health and Human Services, Division of Health Services Bureau of Health Programs, Office of Emergency Medical Services, the Emergency Medical Services for Children Program.
Section 44-61-330. (A) The EMSC Program shall include, but is not limited to, the establishment of:
(1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;
(2) guidelines for referring children to the appropriate emergency treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) pediatric equipment guidelines for emergency departments;
(5) guidelines for pediatric trauma centers;
(6) an interhospital transfer system for critically ill or injured children;
(7) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;
(8) injury prevention programs for parents;
(9) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive.
(B) In gathering statewide pediatric emergency and critical care medical services data, the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to Chapter 115. Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics.
Section 44-61-340. (A) The identities of patients, emergency and critical care medical services personnel, and emergency and critical care medical services facilities mentioned, referenced, or otherwise appearing in information or data collected or prepared by or in connection with the EMSC Program must be treated as strictly confidential. The identities of these persons or entities are not available to the public under the Freedom of Information Act or discoverable or admissible in any administrative, civil, or criminal proceeding. An individual in attendance at any such proceeding may not be required to testify as to the identity of any such person or entity. No person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.
(B) The identity of a patient, physician, or hospital is confidential and may not be released except that the identity of a patient may be released upon informed written consent of the patient or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.
(C) Information must not be released except to:
(1) appropriate staff of the Division Office of Emergency Medical Services within the Department of Health and Environmental Control Bureau of Health Programs, South Carolina Data Oversight Council, and State Budget and Control Board, Office of Research and Statistics;
(2) submitting hospitals or their designees;
(3) a person engaged in an approved research project, except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section.
(D) For purposes of maintaining the data base collected pursuant to this article, the department and the Office of Research and Statistics may both access and provide access to appropriate confidential data reported in accordance with Section 44-6-170.
(E) A person subject to this article who intentionally fails to comply with reporting, confidentiality, or disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a violation the first time a person fails to comply and not more than five thousand dollars for a subsequent violation."
SECTION 75. Section 44-63-10 of the 1976 Code is amended to read:
"Section 44-63-10. The Department of Health and Environmental Control Office of Vital Statistics Department of Health and Human Services, Division of Health Services, Bureau of Health Programs shall prepare the necessary methods and forms for obtaining vital statistics."
SECTION 76. Section 44-63-20 of the 1976 Code is amended to read:
"Section 44-63-20. The Department of Health and Environmental Control Bureau of Health Programs shall establish a bureau an Office of Vital Statistics and provide an adequate system for the registration and certification of births, deaths, marriages, and divorces by formulating, promulgating, and enforcing regulations prescribing the method and form of making the registration and certification."
SECTION 77. Section 44-63-30 of the 1976 Code is amended to read:
"Section 44-63-30. The Director of the Department of Health and Environmental Control Chief of the Bureau of Health Programs is the State Registrar of the Office Vital Statistics and shall carry into effect the regulations and orders of the department bureau. The department bureau shall provide suitable apartments properly equipped with fireproof vaults and filing cases for the permanent preservation of all official records."
SECTION 78. 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 Bureau of Health Programs 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 79. Section 44-63-80 of the 1976 Code is amended to read:
"Section 44-63-80. Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and 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. The registrar shall include a copy of the pamphlet "South Carolina Family Respect", as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.
When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."
SECTION 80. 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 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 81. 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 Office of Vital Statistics 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 82. 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 Office of Vital Statistics 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 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 83. Section 44-63-160 of the 1976 Code is amended to read:
"Section 44-63-160. To amend a birth record of a child legitimized under the provisions of Section 20-1-60 or 20-1-70, the Bureau Office of Vital Statistics shall require an affidavit of both parents and a certified copy of the parents' marriage record. However, if either the mother or the reputed father is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the family court. The original birth certificate and documents authorizing the amendment must be placed in a sealed file not to be subject to inspection except upon order of the family court."
SECTION 84. Section 44-63-161 of the 1976 Code, as amended by Act 64 of 2003, is further amended to read:
"Section 44-63-161. (A) It is unlawful for a person:
(1) other than the Department of Health and Environmental Control Bureau of Health Programs and county health departments to issue copies or certified copies of birth and death certificates or a document purporting to be a birth or death certificate;
(2) to wilfully make a false statement in a certificate, record, or report required to be filed by this chapter or a regulation, or in an application for an amendment to or for a certified copy of the certificate, record, or report, or to wilfully supply false information intending that the information be used in the preparation or amendment of the certificate, record, or report;
(3) without lawful authority to wilfully make, sell, counterfeit, alter, amend, or mutilate a certificate, record, or report required to be filed by this chapter or a regulation or a certified copy of the certificate, record, or report;
(4) to wilfully obtain, possess, use, sell, furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, for the purpose of deception, a certificate, record, report required to be filed by this chapter or a regulation, or a certified copy of these, including a certificate, record, or report or certified copy that has been counterfeited, altered, amended, or mutilated or a document purporting to be the certificate, record, or report;
(5) to wilfully violate a regulation or an order of the department bureau relative to recording, reporting, or filing information for the Bureau Office of Vital Records.
(B) A person who violates a provision of item (1), (2), (3), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) A person who violates a provision of item (5) of subsection (A) 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 85. Section 44-75-20 of the 1976 Code is amended to read:
"Section 44-75-20. As used in this chapter:
(a) 'Athletic trainer' means a person with specific qualifications as set forth in Section 44-75-50 who, upon the advice and consent of a licensed physician, carries out the practice of care, prevention, and physical rehabilitation of athletic injuries, and who, in carrying out these functions, may use physical modalities, including, but not limited to, heat, light, sound, cold, electricity, or mechanical devices related to rehabilitation and treatment.
(b) 'Certificate' means official acknowledgment by the department Bureau of Health Programs that an individual has successfully completed educational and other requirements referred to in this act which entitle that individual to perform the functions and duties of an athletic trainer.
(c) 'Department' means the Department of Health and Environmental Control 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(d) 'Board' means the Board of Health and Environmental Control Reserved."
SECTION 86. Section 44-75-30 of the 1976 Code is amended to read:
"Section 44-75-30. (a) The department Bureau of Health Programs, with the advice of the Athletic Trainers' Advisory Committee, must develop standards and prescribe regulations for the improvement of athletic training services in the State. All administrative responsibility for this program is vested in the department.
(b) An Athletic Trainers' Advisory Committee is created consisting of nine members appointed by the board. Two members must be from the department bureau, one must be from the State Board of Medical Examiners, four must be certified athletic trainers, and two must be from the general public who are not certified or licensed in any health care field and are not connected in any way with athletic trainers.
Membership on the committee is by appointment by the board bureau. The terms of the members are for four years or until successors are appointed except that of those first appointed four are appointed to a term of two years.
The committee must meet at least once each year to review the standards and regulations for improving athletic training services and make recommendations to the department bureau."
SECTION 87. Section 44-75-40 of the 1976 Code is amended to read:
"Section 44-75-40. (a) No person may hold himself out as an athletic trainer or perform, for compensation, any activities of an athletic trainer as defined in Section 44-75-20 without obtaining certification.
(b) Any person desiring certification as an athletic trainer must apply to the department Bureau of Health Programs. The department bureau must make a determination of the applicant's qualifications and issue the appropriate certificate to the applicant.
(c) A certificate so issued is valid for a period not to exceed two years from the date of issuance and may be renewed subject to any requirements of this chapter.
(d) The department bureau must suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department bureau or has failed to provide athletic training services of a quality acceptable by the department bureau.
(e) Any person whose application is denied, suspended, or revoked is entitled to a hearing before the board if he submits a written request to the board pursuant to the Administrative Procedures Act. Proceedings for denial, revocation, or suspension of a certificate must be conducted consistent with Act 176 of 1977 (Administrative Procedures Act)."
SECTION 88. Section 44-75-70 of the 1976 Code is amended to read:
"Section 44-75-70. The department Bureau of Health Programs may levy fees in an amount sufficient to administer the requirements of this chapter."
SECTION 89. Section 44-89-30(2), (4), and (5) of the 1976 Code is amended to read:
"(2) 'Board' means the South Carolina Board of Health and Environmental Control 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs, Department of Health and Human Services, Division of Health Services.
(4) 'Department' means the South Carolina Department of Health and Environmental Control Reserved.
(5) 'Lay midwife' means an individual so licensed by the department Bureau of Health Programs."
SECTION 90. Section 44-89-40 of the 1976 Code is amended to read:
"Section 44-89-40. No person may establish, conduct, or maintain a birthing center without first obtaining a license from the department Bureau of Health Programs. The license is effective for a twelve-month period following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter or the regulations promulgated thereunder."
SECTION 91. That portion of Section 44-89-60 of the 1976 Code preceding the colon is amended to read:
"The department Bureau of Health Programs shall require reports from, regulate, investigate, and inspect all birthing centers and records of these facilities as necessary and promulgate regulations in accordance with the Administrative Procedures Act to carry out the purposes of this chapter. The regulations must include, but not be limited to, the following requirements"
SECTION 92. Section 44-89-70 of the 1976 Code is amended to read:
"Section 44-89-70. Information received by the department Bureau of Health Programs through inspection or as otherwise authorized must not be disclosed publicly in a manner as to identify individuals, facilities, or programs except in a proceeding involving the question of licensing or the revocation of a license or unless ordered to do so by a court of competent jurisdiction."
SECTION 93. Section 44-89-80 of the 1976 Code is amended to read:
"Section 44-89-80. (A) The department Bureau of Health Programs upon proper notice and opportunity for hearing in accordance with the Administrative Procedures Act and department bureau regulations may deny, suspend, or revoke licenses or assess a monetary penalty on any of the following grounds:
(1) failure to establish or maintain proper standards of care and service as prescribed by the department bureau;
(2) conduct or practice detrimental to the health or safety of patients, families, or employees of any facility or programs. This provision does not apply to any healing practices authorized by law;
(3) violations of any provisions of this chapter or the regulations promulgated under this chapter.
(B) If an existing facility has conditions or practices which, in the department's bureau's judgment, provide an immediate threat to the safety and welfare of the patients served, the department bureau may suspend immediately the license of the facility. After the suspension, proper notice and opportunity for hearing must be provided."
SECTION 94. Section 44-89-90 of the 1976 Code is amended to read:
"Section 44-89-90. Any applicant or licensee who is aggrieved with a final decision of the department Bureau of Health Programs as a result of the hearing provided for by Section 44-85-80 may appeal to the appropriate court for judicial review pursuant to the Administrative Procedures Act."
SECTION 95. Section 44-89-100 of the 1976 Code is amended to read:
"Section 44-89-100. The department Bureau of Health Programs, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against any person for establishing, conducting, managing, or operating any birthing center without obtaining a license as provided in this chapter. In charging any defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did establish, conduct, manage, or operate the birthing center without a license, without averring any further or more particular facts concerning the charge.
Any person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for a first offense and five hundred dollars for each subsequent offense. Each day the facility or program operates without a license after notice is considered a subsequent offense."
SECTION 96. Section 44-30-20 of the 1976 Code is amended to read:
"Section 44-30-10. This chapter may be cited as the 'South Carolina Health Care Professional Compliance Act'.
Section 44-30-20. As used in this chapter:
(1) 'CDC' means the Centers for Disease Control of the Public Health Service.
(2) 'CDC recommendations' means the July 12, 1991, CDC document (MMWR, Volume 40, No. RR-8) entitled 'Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures' or equivalent guidelines developed by the department bureau and approved by the CDC and any appropriate supplements or revisions thereto.
(3) 'Department' 'Bureau' means the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(4) 'Educational institutions' means the health professional schools of dentistry, medicine, and nursing and any other educational program or institution providing training for health care professionals.
(5) 'Expert review panel' means a panel of experts in composition and function as defined in the CDC recommendations and appointed or approved by the department bureau.
(6) 'Health care professional' means a physician, physician's assistant, dentist, dental hygienist, registered nurse, licensed practical nurse, or podiatrist practicing or licensed to practice in South Carolina.
(7) 'Licensing board' means these health professional licensing boards which are state agencies and which license and regulate specific health care professions: the State Board of Medical Examiners, the State Board of Nursing for South Carolina, the South Carolina State Board of Dentistry, and the State Board of Podiatry Examiners.
(8) 'Public law' means Public Law 102-141, Section 633, enacted October 28, 1991, applicable to health care professionals.
(9) 'State public health official' means the director Chief of the department Bureau of Health Programs or the director's his designee."
SECTION 97. Section 44-30-30 of the 1976 Code is amended to read:
"Section 44-30-30. (A) The department Bureau of Health Programs is authorized to ensure and oversee the implementation of Public Law 102-141, Section 633, and applicable CDC recommendations and any appropriate supplements and revisions to the CDC recommendations which apply to health care professionals.
(B) The department bureau shall provide consultation and assistance to licensing boards, as appropriate, to ensure compliance with CDC recommendations.
(C) The department bureau shall appoint at least one or approve an existing expert review panel, consistent with the CDC recommendations in composition and function, whose recommendations must be considered requirements and must be binding upon the affected health care professionals."
SECTION 98. Section 44-30-60 of the 1976 Code is amended to read:
"Section 44-30-60. An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, 'Liability of Members of Professional Committees'. Proceedings, records, and information acquired or produced by the panel is confidential pursuant to Section 40-71-20, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 44-30-30(3), and must notify the appropriate licensing board and the department Bureau of Health Programs of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel."
SECTION 99. Section 44-30-70 of the 1976 Code is amended to read:
"Section 44-30-70. A health care professional who violates a recommendation of the expert review panel as set forth in Section 44-30-40 and related regulations is subject to disciplinary action by the appropriate licensing board. Nothing in this chapter prohibits the department Bureau of Health Programs from taking any action it considers necessary to protect the public health pursuant to Section 44-1-140."
SECTION 100. Section 44-30-80 of the 1976 Code is amended to read:
"Section 44-30-80. An educational institution providing basic training programs for health care professionals in preparation for licensure in the State shall certify annually to the department Bureau of Health Programs that it provides curricula for infection control, universal precautions, and sterilization and disinfection techniques appropriate for health care professionals participating in its education programs."
SECTION 101. Section 44-30-90 of the 1976 Code is amended to read:
"Section 44-30-90. The department Bureau of Health Programs and each licensing board shall promulgate regulations necessary to accomplish the purposes set forth in this chapter and to comply with public law no later than October 1, 1992. All orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time, and name of persons who gave the order, and the signature of the person taking the order. The Department of Health and Environmental Control bureau shall promulgate regulations consistent with this provision."
SECTION 102. Chapter 32, Title 44 of the 1976 Code is amended to read:
Section 44-32-10. As used in this chapter:
(1) 'Body piercing' means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. 'Body piercing' for the purpose of this chapter does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
(2) 'Department' 'Bureau' or 'Bureau of Health Programs' means the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(3) 'Body piercing facility' means any room, space, location, area, structure, or business, or any part of any of these places, where body piercing is practiced or where the business of body piercing is conducted.
(4) 'Body piercing technician' means a person who practices body piercing and who meets the requirements of this chapter.
Section 44-32-20. (A) The Department of Health and Environmental Control Bureau of Health Programs shall establish sterilization, sanitation, and safety standards for persons engaged in the business of body piercing. The department bureau shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.
(B) Prior to applying to the department bureau for a permit, a body piercing facility must ensure that all body piercing technicians obtain a certificate attesting to the successful completion of a course in blood- borne pathogens and body piercing infection control as approved by the department bureau; the body piercing facility must then apply for and obtain a permit issued by the department bureau who shall issue such permits, renewable annually, upon presentation of a certificate of each body piercing technician's initial and annual certification of successful completion of a course in blood-borne pathogens and body piercing infection control and payment of an annual permitting fee of three hundred dollars per body piercing facility.
Section 44-32-30. A body piercing technician must observe the following infection control precautions at all times:
(1) The technician must wash his hands thoroughly with water and a germicide soap approved by the department Bureau of Health Programs before and after each client's procedure.
(2) When necessary for the technician to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.
(3) The technician must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect.
(4) All needles, instruments and other surgical equipment, and body piercing items or jewelry must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.
(5) Prior to any direct contact with the client, the technician must sterilely place all sterile instruments and body piercing items or jewelry on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Re-gloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments, jewelry, or field must immediately result in cessation of the procedure and nonuse of all equipment until re-sterilized.
(6) The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department bureau and used in accordance with the manufacturer's direction.
(7) The use of gauze, alum, styptic pencils, or medical supplies deemed necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.
(8) The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department bureau; these used containers must be disposed of in a manner prescribed by the department Bureau of Health Programs.
(9) All used surgical equipment intended for reuse must be properly scrubbed clean of visible materials and soaked for a minimum of twenty minutes in a germicidal solution approved by the department bureau and used in accordance with the manufacturer's direction prior to being re-sterilized by autoclave.
(10) Each body piercing facility must keep a written log for two years of autoclave use, to include (but not be limited to) date and time of use and sterilization spore test strip results done at least monthly.
(11) The technician must allow and cooperate with on-site inspections as deemed necessary by the department bureau.
(12) A body piercing facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for body piercing procedures to avoid cross-contamination of equipment.
Section 44-32-40. (A) Every person engaged in the business of body piercing shall register by October 1, 2000, with the department Bureau of Health Programs. Upon completion of all the requirements of permitting, the body piercing facility shall receive a body piercing permit. A permitted facility shall:
(1) obtain a copy of the department's bureau's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;
(2) provide the department bureau with its business address and the address at which the permittee performs any activity regulated by this chapter;
(3) pay an annual permit fee of three hundred dollars to the department bureau;
(4) post the body piercing facility permit in a conspicuous place on the premises of a licensed body piercing facility.
(B) The department bureau may charge an additional amount if necessary to cover the cost of inspection.
(C) Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.
Section 44-32-50. (A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification. The Red Cross First Aid Certification must be renewed every three years, and the Adult CPR Certification must be renewed annually. A body piercing technician must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department Bureau of Health Programs; and
(2) the annual permit issued by the department bureau.
(B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.
(C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department bureau.
Section 44-32-60. (A) The department Bureau of Health Programs may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:
(1) an initial inspection which must be successfully completed as a condition of permitting;
(2) an inspection after any complaint is filed with the department bureau; and
(3) no-notice inspections which may be conducted by the department bureau at any time without previous notification to the body piercing facility.
(B) Each body piercing location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which body piercing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a body piercer uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific piercing site.
(C) A body piercing technician shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, 'picture identification' means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
(D) A person who has his or her body pierced while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.
Section 44-32-70. (A) A department may adopt regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department Bureau of Health Programs and promulgated by regulations by the department bureau.
(B) This chapter does not limit the department's bureau's ability to require a registrant to obtain any business license or permit that the department bureau finds appropriate.
Section 44-32-80. The department Bureau of Health Programs may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a body piercing facility on probation upon proof that the operator of the facility under this chapter has:
(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department bureau regulations;
(3) obtained a body piercing facility license through fraud or deceit; or
(4) violated any applicable law or regulation.
Section 44-32-100. On or after October 1, 2000, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.
Section 44-32-110. This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.
Section 44-32-120. (A) It is unlawful for a person to perform or offer to perform body piercing upon a person under the age of eighteen years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.
(B) This section does not apply to the body piercing of an emancipated minor.
(C) The minor upon whom body piercing is performed, or the parent or legal guardian of that minor or any other minor, is not liable for punishment pursuant to this section.
(D) Body piercing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to body piercing and incapable of understanding body piercing procedures and aftercare suggestions.
(E) Body piercing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.
(F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.
(G) All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control Bureau of Health Programs in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter."
SECTION 103. Chapter 35, Title 44 of the 1976 Code is amended to read:
Section 44-35-5. Sections 44-35-10 through 44-35-100 may be cited as the Central Cancer Registry.
Section 44-35-10. The Department of Health and Environmental Control Cancer Center Registry, in conjunction with hospitals and entities throughout the State, shall formulate a plan for cancer prevention, detection, and surveillance programs and for care of persons suffering from cancer to meet standards of care set forth by nationally recognized and approved accrediting bodies.
As used in this chapter:
(1) 'Cancer Center Registry' means the Cancer Center Registry in the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs;
(2) 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Bureau of Health Programs.
Section 44-35-20. (A) There is established the South Carolina Central Cancer Registry and, to the extent funds are available, the Department of Health and Environmental Control Central Cancer Registry shall administer this as a statewide population-based registry of cancer cases with a diagnosis date after December 31, 1995.
(B) The purpose of the registry is to provide statistical information that will reduce morbidity and mortality of cancer in South Carolina. This information must be used to guide cancer control effort in the State by assisting in prevention and early detection of cancer, extending the life of the cancer patient, identifying high-risk groups or areas in the State with cluster of cancer cases, and improving cancer treatment.
(C) The registry shall receive, compile, analyze, and make available epidemiological and aggregate clinical cancer case information collected from all health care providers who diagnose and/or treat cancer patients in this State. The registry shall meet national standards of completeness and timeliness of case reporting and quality of data. Annual reports of aggregate cancer data must be provided to reporting facilities and physicians in the State.
Section 44-35-30. (A) A provider who diagnoses and/or treats cancer patients and does not report to a regional cancer registry shall report specific case information to the registry in accordance with regulations promulgated by the Department of Health and Environmental Control Bureau of Health Programs. These regulations shall include, but are not limited to, the reportable case listing, data elements to be collected, the content and design of forms and reports required by this section, the procedures for disclosure of information gathered by the registry, and other matters necessary to the administration of this section. The regulations shall include these data elements:
(1) complete demographic information;
(2) occupational and industrial information to the extent available;
(3) date and confirmation of initial diagnosis;
(4) pathological information characterizing the cancer, including cancer site and cell type, stage of disease, and initial treatment information, to the extent available, in the medical record.
A provider participating in a regional registry is not required to report to the Central Cancer Registry. Reporting providers must not incur additional expense in providing information to the registry.
(B) Regional registries shall report data on behalf of providers in their area to the Central Cancer Registry.
Section 44-35-40. Information that could identify the cancer patient must be kept strictly confidential in accordance with the administrative policy of the Department of Health and Environmental Control Bureau of Health Programs. This information must not be open for inspection except by the individual patient or the patient's authorized representative. Procedures for the disclosure of confidential information to researchers for the purposes of cancer prevention, control, and research must be promulgated in regulations. The data release protocol developed in coordination with the South Carolina Budget and Control Board, Office of Research and Statistical Services, must be utilized by the registry to determine appropriate use and release of cancer registry data.
Section 44-35-50. The registry shall coordinate, to the fullest extent possible, with the State Budget and Control Board, Office of Research and Statistical Services, for the complete, timely, and accurate collection and reporting of cancer data.
Section 44-35-60. A provider or regional registry making a case report or providing access to cancer case information to the registry is immune from any civil or criminal liability that might otherwise be incurred or imposed.
Section 44-35-70. The Department of Health and Environmental Control Bureau of Health Programs may, to the extent of and within the available funds which may be provided, acquire laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the department bureau considers advisable to afford proper treatment and care to cancer patients in this State and to carry out the intent and purpose of this chapter.
Section 44-35-80. The Department of Health and Environmental Control Bureau of Health Programs may furnish aid to cancer patients who are residents of this State to the extent of and within the available funds as the department bureau considers proper. The department bureau may administer this aid in any manner which, in its judgment and with the approval of the Cancer Control Advisory Committee, provided for in Section 44-35-90, will afford greater benefit for the prevention, detection, and control of cancer throughout the State.
Section 44-35-90. There is established within the Department of Health and Environmental Control Bureau of Health Programs the Cancer Control Advisory Committee. The department Chief of the Bureau of Health Programs shall appoint the members of the committee which must consist of qualified physicians, researchers, other experts engaged professionally in cancer prevention and care in South Carolina, and health care consumers. The committee shall advise and make recommendations to the department bureau about the formulation and implementation of a comprehensive cancer prevention and control program through its review of cancer control services throughout the State. The committee shall:
(1) advise the department bureau on professional issues pertaining to cancer prevention, detection, care, and surveillance;
(2) participate in the evaluation of cancer programs and services offered through the department bureau;
(3) serve as advocates for the poor and underserved patients through support of the state-aid cancer clinics;
(4) assist the department bureau in maintaining liaison with the community and other health care providers; and
(5) advise the department bureau on the administration of available funds for the prevention, detection, care, and surveillance of cancer.
Section 44-35-100. The reporting requirements provided for in Section 44-35-30 are suspended if adequate funding is not provided to the Department of Health and Environmental Control Bureau of Health Programs."
SECTION 104. Section 44-36-20 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 Office of Disabilities and Special Needs in the Department of Health Services, Bureau of Special Needs;
(5) Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services;
(6) Department Office of Mental Health in the Department of Health Services, Bureau 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) 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 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 105. Section 44-36-30(B) of the 1976 Code is amended to read:
"(B) Except for use in collecting data on deaths from the Bureau Office of Vital Statistics in the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs Department of Health and Environmental Control, no identifying information collected or maintained by the registry may be released unless consent is obtained from the subject or the subject's legal representative."
SECTION 106. 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 of the Governor, Division Office in the Department of Health and Human Services, Division of Human Services, Bureau of Senior Services on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center, the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, and the Budget and Control Board, Division Office of Research and Statistics, Health Statistics."
SECTION 107. 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 Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services;
(5) Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services;
(6) Department Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral 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 108. Section 44-36-520 of the 1976 Code is amended to read:
"Section 44-36-520. A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery."
SECTION 109. Chapter 37, Title 44 of the 1976 Code, as last amended by Act 225 of 2002, is further amended to read:
Section 44-37-10. Should one or both eyes of an infant become reddened or inflamed at any time after birth, the midwife, nurse, or person having charge of such infant shall report such condition at once to the county health department. Any person who fails to comply with the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days.
Section 44-37-20. Every doctor, midwife, nurse, or other person attending the delivery at birth of a child in this State shall instill, or have instilled, into the eyes of the baby, within one hour after birth, some effective prophylactic approved by the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, for prevention of blindness from ophthalmia neonatorum. A record of such administration or instillation shall be reported on the birth certificate, showing the time with respect to the birth and the kind of prophylactic administered.
Section 44-37-30. (A) A child born in this State, except a child born of a parent who objects on religious grounds and indicates this objection before testing on a form promulgated in regulation by the Department of Health and Environmental Control Bureau of Health Programs, shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies.
(B) Information obtained as a result of the tests conducted pursuant to this section is confidential and may be released only to a parent or legal guardian of the child, the child's physician, and the child when eighteen years of age or older when requested on a form promulgated in regulation by the department bureau.
(C) A blood sample obtained pursuant to this section is confidential and may be released only as the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, directs the department bureau at the time of testing or at any time after that on a form promulgated in regulation by the department bureau.
(D)(1) Unless otherwise directed pursuant to this subsection, a blood sample obtained pursuant to this section must be stored by the department bureau at minus 20 centigrade and may be released for purposes of confidential, anonymous scientific study. The release of a blood sample must conform with regulations promulgated by the department bureau. At the time of testing or at any time after that, on a form promulgated in regulation by the department bureau, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department bureau to:
(a) return a blood sample in its entirety and any test results not less than two years after the date of testing;
(b) destroy a blood sample in a scientifically acceptable manner not less than two years after the date of the testing; or
(c) store a blood sample at minus 20 centigrade but not release the blood sample for confidential, anonymous scientific study.
(2) A blood sample released for confidential, anonymous study pursuant to this section must not contain information which may be used to determine the identity of the donor. A blood sample released pursuant to this section may contain demographic or other statistical information. If scientific study identifies genetic information that may benefit the child, the department bureau may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.
(E)(1) A blood sample that has not been stored at minus 20 centigrade before the effective date of this section must be destroyed in a scientifically acceptable manner six months from the effective date of this section unless a parent or legal guardian of a child from whom a blood sample was obtained, or the child if eighteen years of age or older, requests return of the blood sample on a form provided by the department bureau.
(2) A blood sample stored at minus 20%C centigrade pursuant to this section before the effective date of this section must be retained as prescribed in subsection (D) unless directed by the parent or legal guardian of the child from whom a blood sample was obtained to destroy or return the blood sample.
(F) The department bureau shall promulgate regulations necessary for the implementation of this section. All forms must include information concerning the benefits of neonatal testing and storage of a blood sample.
(G) A person who violates this section or the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined not more than fifty thousand dollars or imprisoned for not more than three years.
Section 44-37-40. (A) This section may be cited as the 'Universal Newborn Hearing Screening and Intervention Act'.
(B) For purposes of this section:
(1) 'Advisory council' means the Newborn Hearing Screening and Intervention Advisory Council.
(2) 'Audiologist' means an individual licensed to practice audiology by the South Carolina Board of Examiners in Speech-Language Pathology and Audiology.
(3) 'Audiologic evaluation' means an evaluation consisting of procedures to assess the status of the auditory system; to establish the site of an auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options for evaluation should include linkage to state Part C 'Individuals with Disabilities Education Act' coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent and education organizations, and other family centered services.
(4) 'Auditory habilitation' means intervention which includes the use of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss.
(5) 'Birth admission' means the time after birth that the newborn remains in the hospital nursery before discharge.
(6) 'Commissioner' means the Commissioner of the South Carolina Department of Health and Environmental Control Reserved.
(7) 'Department' 'Bureau' or 'Bureau of Health Programs' means the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(8) 'Early intervention' means providing appropriate services for a child with hearing loss and ensuring that the family of the child is provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and communication options and is given the opportunity to consider the full range of educational and program placements and options for this child.
(9) 'Hearing loss' for newborns and neonates means failure to pass the brainstem auditory evoked response performed at the audiologic evaluation. Current hearing screening technology detects levels of hearing loss as low as 35 decibels.
(10) 'Hearing screening' means newborn and infant hearing screening consisting of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations.
(11) 'Infant' means a child twenty-nine days to twenty-four months old.
(12) 'Medical intervention' means the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or related medical disorders associated with hearing loss.
(13) 'Newborn' means a child up to twenty-eight days old.
(14) 'Normal hearing' for newborns and infants is 0-15 decibels hearing level. Any hearing level greater than 15 decibels can adversely affect speech and language development. The greater the hearing level the greater the adverse impact on speech and language development.
(15) 'Parent' means a natural parent, step-parent, adoptive parent, legal guardian, or other legal custodian of a child.
(16) Part C of 'Individuals with Disabilities Education Act' means the federal 'Early Intervention Program for Infants and Toddlers with Disabilities and Developmental Delay Act' which encourages exemplary practices that lead to improved teaching and learning experiences for children with developmental delay, and that can result in more productive independent adult lives, including employment.
(C)(1) Beginning no later than June 30, 2001, newborn hearing screenings must be conducted during birth admission on all newborns born in hospitals in this State using procedures recommended or approved by the department bureau. However, when a newborn is delivered in a hospital with an average of less than one hundred deliveries a year, the screening is not required, but the parents must be given the information required pursuant to subsection (C)(3).
(2) Beginning no later than April 1, 2001, every hospital in this State shall provide educational information for the parents of newborns born in that hospital concerning the hearing screening procedure and the importance of the screening. Education may not be considered a substitute for the hearing screening.
(3) When a newborn is delivered in a hospital where the hearing screening is not required pursuant to subsection (C)(1) or somewhere other than a hospital, the parents must be instructed on the importance of a hearing screening and of having the screening performed within one month of the child' s birth date. Parents also must be given information to assist them in having the screening performed. The department bureau shall determine the appropriate screening venue for newborns not receiving a hospital-conducted screening.
(D)(1) Newborns referred as a result of the screening process shall receive an audiologic evaluation by an audiologist and a medical evaluation by a physician or otolaryngologist, or both, as indicated.
(2) Newborns and infants referred as a result of the evaluation process shall receive medical intervention, audiologic habilitation, early intervention services, and augmentative hearing devices.
(3)(a) The department bureau, upon consultation with the South Carolina Health Alliance, shall establish newborn hearing screening reporting procedures which must be followed by hospitals, audiologists, and early interventionists.
(b) The department bureau also shall establish procedures to monitor and measure the effectiveness of newborn and infant hearing screening and intervention and shall report annually to the General Assembly and to participating hospitals.
(c) Subject to available appropriations, the department bureau shall make reports required pursuant to this subsection available throughout the State, specifically to physicians whose practice includes the practice of obstetrics, neonatology, or the care of newborns and infants, to consumer groups, managed care organizations, other third party payers, and the media.
(E) The department bureau shall establish the Newborn Hearing Screening and Intervention Advisory Council, consisting of representatives of agencies, professional disciplines, hospitals, and consumers to advise the department bureau on matters related to the implementation of this section and duties of the department bureau under this section.
(F) The department bureau may promulgate regulations to the extent necessary to implement the provisions of this section.
(G) The department and the Department of Health and Human Services 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.
(H) Responsibilities of the department bureau under this section including, but not limited to, reimbursements authorized pursuant to subsection (G) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998."
SECTION 110. Section 44-40-20 of the 1976 Code is amended to read:
"Section 44-40-20. As used in this chapter:
(1) 'Agent Orange' means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD).
(2) 'Bureau' or 'Bureau of Health Programs' means the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(2)(3) 'Chemical agent' means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents.
(3)(4) 'Council' means the South Carolina Agent Orange Advisory Council.
(4) 'Program' means the Agent Orange Information and Assistance Program.
(5) 'Veteran' means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975."
SECTION 111. Section 44-40-30 of the 1976 Code is amended to read:
"Section 44-40-30. There is created the South Carolina Agent Orange Advisory Council to assist and advise the South Carolina Department of Health and Environmental Control Bureau of Health Programs in its duties and functions as provided in this chapter and to assist and advise the Veterans Affairs Division of the Governor's Office in its duties and functions as provided in Section 25-11-70. The council is composed of five voting members and five nonvoting ex officio members. The voting members must be veterans who served in Vietnam, Cambodia, Laos, or Thailand. Voting members are appointed by the Governor for terms of four years and until their successors are appointed and qualify. The Governor shall designate a chairman who shall serve for a term of two years. Vacancies on the council are filled by appointment in the same manner as the original appointment for the remainder of the unexpired term. Voting members of the council are paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. The following shall serve as ex officio members without voting rights:
(1) the Director chief of the Department of Health and Environmental Control Bureau of Health Programs;
(2) the Director of Veterans Affairs' Division or his designee;
(3) one faculty member of the Medical University of South Carolina with expertise in a field relevant to the purpose of the council;
(4) one faculty member of the University of South Carolina with expertise in a field relevant to the purpose of the council."
SECTION 112. 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 Bureau of Health Programs 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 bureau 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 113. Section 44-41-10(c), (d), and (e) of the 1976 Code are amended to read:
"(c) 'Department' 'Bureau' or 'Bureau of Health Programs' means the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health Services, Division of Health Services.
(d) 'Hospital' means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department Bureau of Health Programs to be suitable facilities for the performance of abortions.
(e) 'Clinic' shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department bureau, and which has also been certified by the Department bureau to be suitable for the performance of abortions."
SECTION 114. Section 44-41-20 of the 1976 Code is amended to read:
"Section 44-41-20. Abortion shall be a criminal act except when performed under the following circumstances:
(a) During the first trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician pursuant to his professional medical judgment.
(b) During the second trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician in a hospital or clinic certified by the Department Bureau of Health Programs.
(c) During the third trimester of pregnancy, the abortion is performed with the pregnant woman's consent, and if married and living with her husband the consent of her husband, in a certified hospital, and only if the attending physician and one additional consulting physician, who shall not be related to or engaged in private practice with the attending physician, certify in writing to the hospital in which the abortion is to be performed that the abortion is necessary based upon their best medical judgment to preserve the life or health of the woman. In the event that the preservation of the woman's mental health is certified as the reason for the abortion, an additional certification shall be required from a consulting psychiatrist who shall not be related to or engaged in private practice with the attending physician. All facts and reasons supporting such certification shall be set forth by the attending physician in writing and attached to such certificate."
SECTION 115. 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 116. 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 117. Section 44-41-60 of the 1976 Code is amended to read:
"Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control Office of Vital Records in the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent."
SECTION 118. Section 44-41-70 of the 1976 Code is amended to read:
"Section 44-41-70. (a) The department Bureau of Health Programs shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.
(b) The department bureau shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)."
SECTION 119. Section 44-41-75 of the 1976 Code is amended to read:
"Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department Bureau of Health Programs to operate as an abortion clinic and must comply with the provisions of Article 3.
(B) The department bureau shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."
SECTION 120. Section 44-41-340 of the 1976 Code is amended to read:
"Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying a fetus to full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available from the South Carolina Department of Health and Environmental Control Bureau of Health Programs upon request and in appropriate number to any person, facility, or hospital."
SECTION 121. Chapter 69, Title 44 of the 1976 Code is amended to read:
Section 44-69-10. This chapter may cited as the 'Licensure of Home Health Agencies Act".
Section 44-69-20. As used in this chapter:
(1) 'Board' shall mean the South Carolina Board of Health and Environmental Control. (Reserved)
(2) 'Branch office' shall mean a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the conditions of participation as a home health agency.
(3) 'Department' 'Bureau' or 'Bureau of Health Programs' shall mean South Carolina Department of Health and Environmental Control the Bureau of Health Services in the Department of Health and Human Programs, Division of Health Services.
(4) 'Home health agency' shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services.
(5) 'Home health services' shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection (e) below, in a place of temporary or permanent residence used as the individual's home as follows:
(a) Part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision of a registered nurse and at least one other service listed below;
(b) Physical, occupational or speech therapy;
(c) Medical social services, home health aide services and other therapeutic services;
(d) Medical supplies and the use of medical appliances;
(e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services.
(6) 'License' shall mean a license issued by the Department Bureau of Health Programs.
(7) 'Licensee' shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency.
(8) 'Parent Home Health Agency' shall mean the agency that develops and maintains administrative controls of subunits or branch offices.
(9) 'Physician' shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State.
(10) 'Registered Nurse' shall mean an individual who is currently licensed as such in this State.
(11) Subunit' shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency and must, therefore, independently meet the conditions of participation for home health agencies.
Section 44-69-30. No person, private or public organization, political subdivision, or other governmental agency shall establish, conduct, or maintain a home health agency or represent itself as providing home health services without first obtaining a license from the Department of Health and Environmental Control Bureau of Health Programs. This license is effective for a twelve-month period following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this act. Subunits of parent home health agencies must be separately licensed.
The department Bureau of Health Programs may enter into public and private joint partnerships or enter into other appropriate cooperative agreements or arrangements or negotiate and effect these partnerships and agreements to include the sale of the entity and/or the transfer of licenses held by the department bureau or its subdivisions to other qualified providers, if appropriate, when doing so would result in continued high quality patient care, continued provision of services to indigent patients, assurance of the employment of the department's bureau's home health employees, and provision of home care services adequate to meet the needs of the State. The department bureau may facilitate the negotiation, contracting, or transfer of these activities through licensure and without requirement of a Certificate of Need as set out in Section 44-69-75 and without regard to the Procurement Code, Section 11-35-10, et. seq. However, a sale of the entity is subject to the provisions of the Procurement Code.
At least thirty days before entering any negotiations regarding a contractual agreement or a public/private partnership concerning the provision of home health services, the department bureau shall place a public notice in a newspaper of general circulation for a period of no less than three consecutive days within the area where the services will be performed.
The department bureau may establish requirements and conditions upon those entities joined in partnership or receiving transfer of the home care services, licensing, and Certificate of Need including, but not limited to, transfer of employees, coverage of indigent patients, and payments or contributions to the department bureau to continue the provision of basic public health services as determined by the department bureau. All agreements must be reviewed and approved by the board of the department bureau. The department bureau may monitor and enforce the contract or partnership provisions and/or conditions of transfer or any other conditions or requirements of agreements entered into pursuant to this section.
All funds paid to or received by the department bureau pursuant to this section must be deposited in an account separate and distinct from the general fund entitled the Public Health Fund (PHF). The funds deposited in this fund must be used solely by the department bureau to support basic public health services determined to be necessary by the department bureau. The appropriation of the funds must be through the General Appropriations Act.
Notwithstanding any of the provisions of this section, the department bureau may continue to provide public health services in the clinic, the home, and the community necessary to ensure the protection and promotion of the public's health.
Section 44-69-40. A person desiring to obtain a license shall file with the Department Bureau of Health Programs an application on a form prescribed, prepared and furnished by the Department.
Section 44-69-50. Reasonable fees shall be established by the Board Bureau of Health Programs. Such fees shall be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.
Section 44-69-60. The Department Bureau of Health Programs shall promulgate regulations which define standards for the care, treatment, health, safety, welfare and comfort of patients served by home health agencies and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall include, but not be limited to, provisions for the geographical area to be served, giving consideration to underserved areas, provisions requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The Department is authorized to issue, deny, suspend or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.
Section 44-69-70. Each home health agency for which a license has been issued shall be inspected by an authorized representative of the department Bureau of Health Programs at least once a year. Such inspections shall be for the purpose of ensuring that the provisions of this chapter are being followed. The department bureau is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.
Section 44-69-75. (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the 'State Certification of Need and Health Facility Licensure Act'. No certificate is required for home health agencies providing home health services before July 1, 1980.
(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:
(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;
(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;
(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.
Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.
If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.
For purposes of this subsection 'resident', 'living unit', and 'continuing care contract' have the same meanings as provided in Section 37-11-20.
(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.
(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.
Section 44-69-77. If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department Bureau of Health Programs shall:
(1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department bureau determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and
(2) coordinate, to the extent feasible, annual licensing inspections.
Section 44-69-80. Home health agencies shall not discriminate based on age, sex, race, color, or source of payment in the recruitment, location of patient, acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.
Section 44-69-90. Home health agencies shall not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-69-100. Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both."
SECTION 122. Section 44-74-50(A) of the 1976 Code is amended to read:
"(A) Any person employing or allowing a person to operate x-ray machinery without possessing a certificate must be reported to the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Human and Health Services, Division of Health Services. The South Carolina Department of Health and Environmental Control bureau must take appropriate action against the registrant of the x-ray machinery pursuant to regulations of the South Carolina Department of Health and Environmental Control bureau. Reports of violations can be made to the South Carolina Department of Health and Environmental Control bureau by members of the public, licensed health care professionals, hospitals, or the South Carolina Radiation Quality Standards Association. The South Carolina Department of Health and Environmental Control bureau must act on these complaints within ninety days. A current copy of the operators' certificate must be reviewed by the South Carolina Department of Health and Environmental Control bureau at the time of inspection. The registrant of the equipment must display the current operators' certificates in public view."
SECTION 123. Section 44-74-60(B) of the 1976 Code is amended to read:
"(B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated, who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a nonvoting representative from the South Carolina Department of Health and Environmental Control Bureau of Health Programs, ex officio, and from the Radiological Health Branch."
SECTION 124. Section 44-78-15(2) of the 1976 Code is amended to read:
"(2) 'EMS personnel' means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, and for purposes of this chapter, 'EMS personnel' includes first responders who have completed a Department of Health and Environmental Control bureau approved medical first responder program;"
SECTION 125. Section 44-78-65 of the 1976 Code is amended to read:
"Section 44-78-65. The South Carolina Department of Health and Environmental Control Bureau of Health Programs shall promulgate regulations necessary to provide direction to emergency personnel in identifying patients who have a 'do not resuscitate order for emergency services'."
SECTION 126. Section 44-113-20(3) of the 1976 Code is amended to read:
"(3) 'Department' 'Bureau' or 'Bureau of Health Programs' means the South Carolina Department of Health and Environmental Control the Bureau of Health Programs in the Department of Health and Human Services Division of Health Services."
SECTION 127. Section 44-113-30(G) through (I) of the 1976 Code is amended to read:
"(G) A violation of this section by a health care provider constitutes grounds for disciplinary action to be taken by the applicable board. A hospital licensed under Title 44, Chapter 7 found in violation of this section is subject to the regulations promulgated by the department Bureau of Health Programs.
(H) A hospital licensed under Title 44, Chapter 7 that discriminates against or otherwise penalizes a health care provider for compliance with this chapter is subject to a civil penalty of not more than one hundred thousand dollars to be imposed and collected by the department bureau.
(I) Each board, and in the case of hospitals, the department bureau, shall encourage the use by licensees of an advisory opinion procedure to determine the applicability of this section or any regulation promulgated pursuant to this section as it applies solely to the licensee."
SECTION 128. Section 44-113-50 of the 1976 Code is amended to read:
"Section 44-113-50. The results of an action taken by the respective boards pursuant to this chapter must be reported promptly to the department Bureau of Health Programs with a full description of the proceedings."
SECTION 129. Section 44-113-80 of the 1976 Code is amended to read:
"Section 44-113-80. A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department Bureau of Health Programs, including the professional's name, name of the entity, and the percentage of the health care professional's ownership."
SECTION 130. Chapter 128, Title 44 of the 1976 Code is amended to read:
Section 44-128-10. This chapter may be cited as the 'South Carolina Youth Smoking Prevention Act'.
Section 44-128-20. (A) The Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors.
(B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors and may include but is not limited to:
(1) media campaigns;
(2) school based youth programs;
(3) community based youth programs;
(4) business, community, and school partnerships;
(5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education;
(6) surveillance and evaluations;
(7) chronic disease and health-related programs.
(C)(1) To assist in carrying out the purposes of the plan, the department Bureau of Health Programs may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the department bureau.
(2) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the advisory commission, as to the following:
(a) amount received as a grant and the expenditures made with the proceeds of the grant;
(b) a description of the program offered and the number of youths who participated in the program; and
(c) specific elements of the program meeting the criteria set forth in the state plan.
(D) The state plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12. This survey shall:
(1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth;
(2) not include any individual who is eighteen years of age or older; and
(3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date.
Section 44-128-30. The department Bureau of Health Programs shall report annually by January first of each year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee on the activities and effectiveness of the Youth Smoking Prevention Plan.
Section 44-128-40. Responsibilities of the department Bureau of Health Programs under this chapter including, but not limited to, funding grants authorized pursuant to Section 44-128-20(C) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.
Section 44-128-50. (A) There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department Bureau of Health Programs 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 bureau;
(b) one representative of the Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 131. Section 44-5-20 of 1976 Code is amended to read:
"Section 44-5-20. As used in this chapter:
(1) The 'state health planning and development agency' or 'state agency' means the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(2) The 'federal act' means Public Law 93-641, known as the National Health Planning and Resources Development Act of 1974 (Titles XV and XVI of the Public Health Services Act).
(3) 'State program' means the state administrative program.
(4) SHCC' means the South Carolina Statewide Health Coordinating Council.
(5) 'The secretary' means the Secretary of the United States Department of Health, Education and Welfare.
(6) 'Health systems agency' (HSA) means an entity which is organized, operated and designated in accordance with the federal act."
SECTION 132. Section 44-81-30(1) of the 1976 Code is amended to read:
"(1) 'Long-term care facility' means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department) Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services."
SECTION 133. Section 59-32-10(5) of the 1976 Code is amended to read:
"(5) 'Local school board' means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. For purposes of this chapter, programs or services provided by the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services in educational settings must be approved by the local school board."
SECTION 134. Section 44-33-10 of the 1976 Code is amended to read:
"Section 44-33-10. The Department of Health and Environmental Control Bureau of Health Programs, in the Department of Health and Human Services, Division of Health Services is hereby authorized to initiate a sickle cell education and prevention program based entirely upon voluntary cooperation of the individuals involved. The program shall provide:
(a) Laboratory testing of black citizens in the reproductive ages to determine the presence of the sickle cell gene;
(b) Counseling for persons identified as carriers of the sickle cell gene, for the purpose of preventing sickle cell anemia in the future offspring of such carriers;
(c) Referral of persons with sickle cell anemia, as necessary, so that they may obtain proper medical care and treatment;
(d) Basic education to the general public about sickle cell disease, so as to eradicate the stigma attached to this malady."
SECTION 135. Chapter 71, Title 44 of the 1976 Code is amended to read:
Section 44-71-10. This chapter may be cited as the 'Hospice Licensure Act'.
Section 44-71-20. As used in this chapter:
(1) 'Board' means the South Carolina Board of Health and Environmental Control Reserved.
(2) 'Department' 'Bureau' or 'Bureau of Health Programs' means the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(3) 'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.
Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.
(4) 'Hospice facility' means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.
(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility.
Section 44-71-30. No person, private or public organization, political subdivision, or other governmental agency may establish, conduct, or maintain a hospice or represent itself as a hospice without first obtaining a license from the department Bureau of Health Programs. This license is effective for a twelve-month period following the date of issue and must prescribe by county the geographic area authorized to be served. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
Section 44-71-40. A person desiring to obtain a license must file with the department Bureau of Health Programs an application on a form prescribed, prepared, and furnished by the department bureau.
Section 44-71-50. The department Bureau of Health Programs is authorized to establish reasonable fees to be used in the administration of the program.
Section 44-71-60. The department Bureau of Health Programs shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice facilities, which will promote safe and adequate care and treatment of the patients and their families.
Section 44-71-65. Hospice to comply with department Bureau of Health Programs regulations; not subject to nursing home or community residential care facility licensure and regulation.
Notwithstanding any other provision of law, a hospice facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities.
Section 44-71-70. The department Bureau of Health Programs is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations must include hearing procedures related to denial, suspension, or revocation of licenses.
Section 44-71-80. Each hospice for which a license has been issued must be inspected by an authorized representative of the department Bureau of Health Programs at least once a year for the purpose of ensuring that the provisions of this chapter are being followed.
Section 44-71-90. Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients of potential patients.
Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.
Section 44-71-100. Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-71-110. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both."
SECTION 136. Chapter 99, Title 44 of the 1976 Code is amended to read:
Section 44-99-10. This chapter may be cited as the 'Insect Sting Emergency Treatment Act'.
Section 44-99-20. As used in this chapter:
(1) 'Certificate' means official acknowledgment by the department Bureau of Health Programs that an individual has completed the required training program pursuant to this chapter.
(2) 'Department Bureau' or 'Bureau of Health Programs' means the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services.
(3) 'Program' means the program established by the department for training and certifying individuals to administer treatment to persons suffering a severe adverse reaction to an insect sting which involves the administration of epinephrine.
Section 44-99-30. (A) The department Bureau of Health Programs is authorized to establish a program to provide for the training and certification of individuals to administer certain forms of emergency treatment for medical hazards caused by insect stings. The department bureau shall develop standards, guidelines, and prescribe regulations for the implementation of the program. All administrative responsibility of the program is vested in the department bureau.
(B) In the development of the curriculum for training and certification under the program, the department bureau shall include the following subjects:
(1) techniques on how to recognize symptoms of systemic reactions to insect stings;
(2) standards and procedures for administering a subcutaneous injection of epinephrine.
Section 44-99-40. (A) A person desiring certification for the administration of emergency treatment insect sting, pursuant to this chapter, shall apply to the department Bureau of Health Programs and complete the program established by the department bureau for training and certification.
(B) The department bureau shall determine and establish the validation and expiration periods for certificates issued pursuant to this chapter and requirements and procedures for renewals if the department bureau considers it necessary.
(C) The department bureau may suspend or revoke a certificate at any time it determines that the holder no longer meets the prescribed qualifications established by the department bureau or has failed to provide services or treatment of a quality acceptable to the department bureau pursuant to this chapter.
Section 44-99-50. (A) An applicant for certification shall meet the following requirements:
(1) be eighteen years of age or older;
(2) have, or reasonably expect to have, responsibility for at least one other person as a result of one's occupational or volunteer status, such as camp counselors, scout leaders, school teachers, forest rangers, tour guides, or chaperones;
(3) successfully complete the training program established by the department Bureau of Health Programs.
(B) A person, who meets the qualifications of this section and is certified by the department bureau pursuant to this chapter, is authorized to administer in an emergency situation prescribed epinephrine to persons suffering adverse reaction to an insect sting.
(C) A person, who is certified by the department bureau to administer emergency services for insect stings as provided in this chapter, is authorized to obtain from a physician, pharmacist, or any other person or entity authorized to prescribe or sell prescribed medicines or drugs, a prescription for premeasured doses of epinephrine and the necessary supplies for the administration of the drug.
Section 44-99-60. Licensed, registered, and certified physicians, nurses, and other such certified professionals are not required to obtain certification for the administration of emergency treatment to persons suffering a severe adverse reaction to an insect sting as prescribed in this chapter.
Section 44-99-70. The department Bureau of Health Programs may collect fees from applicants for the training program for administration of this chapter.
Section 44-99-80. No cause of action may be brought against a certificate holder authorized by the department Bureau of Health Programs pursuant to this chapter for an act or omission of the certificate holder when acting in good faith while rendering emergency treatment pursuant to the authority granted by this chapter, except in cases of gross negligence."
SECTION 137. Section 44-115-130 of the 1976 Code is amended to read:
"Section 44-115-130. A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners.
Before a physician may sell medical records, he must cause to be published a public notice of his intention to sell the records in a newspaper of general circulation in the area of his practice at least three times in the ninety days preceding the sale. The notice shall advise patients that they may retrieve their records if they prefer that their records not be included in the sale."
SECTION 138. Section 44-117-50(d) of the 1976 Code is amended to read:
"(d) the authority of the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services to obtain medical records or patient prescription drug information as provided by state and federal law."
SECTION 139. Section 44-125-20(A) of the 1976 Code is amended to read:
"(A) There is established the Osteoporosis Education Fund, separate and distinct from the general fund, in the State Treasury and to be administered by the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services. The purpose of the fund is to promote public awareness, prevention, and treatment of osteoporosis."
SECTION 140. Section 44-11-10 of the 1976 Code is amended to read:
"Section 44-11-10. (A) The following facilities shall continue in existence and shall be maintained for the following purposes:
(1) those inpatient facilities as authorized by the Department Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau 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.
(B) For purposes of this chapter, 'Mental health facilities' include long-term care facilities under the jurisdiction of the Bureau of Long-term Care Facilities in the Department of Health and Human Services, Division of Health Services.
SECTION 141. 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 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 142. Section 44-11-60 of the 1976 Code is amended to read:
"Section 44-11-60. The Office Mental Health Commission shall establish mental health clinics throughout the State and shall supervise them."
SECTION 143. Section 44-11-70 of the 1976 Code is amended to read:
"Section 44-11-70. The Office 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 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 mental health facilities and have them tried in any court of competent jurisdiction."
SECTION 144 . Section 44-11-80 of the 1976 Code is amended to read:
"Section 44-11-80. The Office 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 their respective State mental health facilities."
SECTION 145. 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 Office 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 Office 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 Office 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 146. Chapter 49, Title 44 of the 1976 Code is amended to read:
Section 44-49-10. (A) There is established the Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services. The department office 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 Office of Alcohol and Other Drug Abuse Services 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 office, 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 office 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 office 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 office to agencies designated under Section 61-12-20(a).
Section 44-49-20. The Department Office of Alcohol and Other Drug Abuse Services shall be headed by a the State Director appointed by the Governor, upon the advice and consent of the Senate Chief of the Bureau of Behavioral Health Services. The state director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240 bureau chief.
Section 44-49-40. (A) The department Office 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 Bureau of Health Programs in the Department of Health and Human services, Division of Health Services 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 office in conformance with its administration and coordinating duties under this Chapter and Article 3 of Chapter 53.
(C)(1) The department office shall: 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 office 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 office may enter into contracts for educational and research activities without performance bonds.
(F) The department office 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 office. The department office 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 Office 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 Office 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 office 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 Office of Mental Health, Department of Health and Human Services, Division of Health Services, Bureau 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 Office 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 Office 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 office 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 office of Alcohol and Other Drug Abuse Services from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct."
SECTION 147. 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 Office 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 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 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 Office 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 Office 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 not be endangered.
(E) The department and the Department Office 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 148 . 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 Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau 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 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 149. Chapter 9, Title 44 of the 1976 Code is amended to read:
Section 44-9-10. There is hereby created the State Department Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau 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 Office 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 office of Mental Health.
Section 44-9-30. (A)(1) There is created the governing advisory board for the State Department Office 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. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The commission advisory board shall determine policies and promulgate regulations governing the operation of the Department Office 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 Chief of the Bureau of Behavioral Health Services in the Department of Health and Human Services, Division of Health Services shall appoint and remove a the State Director of the Office of Mental Health, who is the chief executive of the State Department Office of Mental Health. Subject to the supervision and control of the Mental Health Commission Chief of the Bureau of Behavioral Health Services Office, the State Director shall administer the policies and regulations established by the commission of the office. The State Director must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The State Director must appoint and remove all other officers and employees of the Department Office of Mental Health, subject to the approval of the Mental Health Commission bureau chief.
Section 44-9-50. The Department Office 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 State Director of the Department Office 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 Office 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. The director may serve as superintendent of one or more hospitals or other mental health facilities.
Section 44-9-70. The State Department Office 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 Office 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 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 herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control Bureau of Health Programs, in the Department of Health and Human Services, Division of Health Services, 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 Office of Mental Health to improve South Carolina's comprehensive mental health program.
Section 44-9-90. The Commission Office 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;
(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 Office 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 Office 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 office. The Commission office 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 office 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 Office 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 office 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 a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean the superintendent or his designee; wherever reference is made to the Department of Mental Health it shall mean the Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services; and wherever reference is made to the State Commissioner of Mental Health, it shall mean the State Director of the Department Office of Mental Health."
SECTION 150. 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 Office of Mental Health in the Department of Health and Human Services, Division of Behavioral Health Services prior to the issuance by the Department Office 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 Office of Mental Health, and the Department Office 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 Office 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 Office of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department Office 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 Office 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 Office 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 Office 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 Office 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 Office 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 Office 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 Office 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 151. Chapter 17, Title 44 of the 1976 Code is amended by adding:
"Section 44-17-305. For the purposes of this Chapter, 'Office of Mental Health' means the Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services."
SECTION 152. 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 Office of Mental Health."
SECTION 153. Sections 44-17-450 and 14-17-460 of the 1976 Code are amended to read:
"Section 44-17-450. The Department Office 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 Office 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 154. 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 Office 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 155. 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 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 Office 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 Office of Mental Health is absent without proper authorization, the Department 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 Office of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department 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. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department 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 pursuant to Chapter 24, Title 17."
SECTION 156. 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' means the State Director of the Department Office of Mental Health.
(3) 'Court' means probate court.
(4) 'Department' 'Office' or 'Office of Mental Health' means the State Department Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services.
(5) 'Facility' means a residential program operated by the Department office.
(6) 'Independent examination' means an examination of a patient by a qualified employee of the Department office.
(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 Office of Mental Health; however, the term does not include a person committed to the Department Office 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 Office 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 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 Office 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 Office of Mental Health and the Department Office 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 Office 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 Office 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 disclosure of information to the Governor's Bureau of Ombudsman office Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination 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 Office of Mental Health or the Department Office 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 disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of his family, or the Governor's Bureau of Ombudsman office Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination; 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 Office 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 Office 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 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 Office 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 Bureau of Employment Security Commission and the Department Bureau of Vocational Rehabilitation, both in the Department of Health and Human Services, Division of Human Services shall work with the Department Office of Mental Health 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 Bureau 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 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 Office 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 Office 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 157. 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' means the Director of the Department Office of Mental Health;
(10) 'Department' 'Office' or 'Office of Mental Health' means the South Carolina Department Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral 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 Office 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.;
(27) 'Office of Disabilities and Special Needs' means the Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services.
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 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 Office 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 Office of Mental Health or the director of a treatment facility under the jurisdiction of the Department Office 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 Office 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 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 Office of Mental Health and unless the Department Office 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 Office of Mental Health or the Department Office 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 Office of Mental Health if the person is suspected of having a mental illness or designated by the Department Office 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 Office of Mental Health or the Department Office 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 Office of Mental Health find indications of mental retardation or a related disability but not mental illness, the department Office 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 Office of Disabilities and Special Needs. If the examiners designated by the Department Office of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department Office 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 Office of Mental Health. If either the Department Office of Mental Health or the Department Office 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 Office of Mental Health and one examiner from the Department Office 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 Office 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 Office of Mental Health access to these items or who attempts to furnish these items to patients or prisoners of the department Office 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 Office 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 Office 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 Office of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department Office 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 Office 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 Office 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 Office 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 Office 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 Office 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 158. 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 and Probation, 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 Office of Mental Health."
SECTION 159. Section 44-48-30(11) of the 1976 Code is amended by adding at the end:
"(11) 'Office of Mental Health' means the Office of Mental Health in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services."
SECTION 160. Section 44-48-100(A) of the 1976 Code is amended to read:
"(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 Office 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 Office of Mental Health. At all times, a person committed for control, care, and treatment by the Department Office 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 Office of Mental Health. The Department Office of Mental Health may enter into an interagency agreement with the Department of Corrections and Probation for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections and Probation 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 and Probation. 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 Office 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 161. 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 Office 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 Office 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 Office 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 162. The last paragraph of Section 44-20-20 of the 1976 Code is amended to read:
"Admission to services of the South Carolina Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department office to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client."
SECTION 163. Section 44-20-30(1), (2), (3), (6), and (7) of the 1976 Code is further amended to read:
"(1) 'Applicant' means a person who is believed to have mental retardation, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department Office of Disabilities and Special Needs.
(2) 'Client' is a person who is determined by the Department Office of Disabilities and Special Needs to have mental retardation, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.
(3) 'Commission Advisory board' means the South Carolina Commission on Disabilities and Special Needs, the policy-making and governing body of the Department an advisory board to the Office of Disabilities and Special Needs.
(6) 'Department Office' or "Office of Disabilities and Special Needs' means the South Carolina Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services.
(7) 'Director' means the South Carolina State Director of the Department Office of Disabilities and Special Needs, the chief executive director appointed by the commission. Chief of the Bureau for Special Needs Services"
SECTION 164. Article 3, Chapter 20, Title 44 of the 1976 Code is amended to read:
"Section 44-20-210. (A) There is created the South Carolina Commission Office of on Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services. The commission office is supported by the Advisory Board on Disabilities and Special Needs which consists of seven members. One member must be a resident of each congressional district and one must be from the State at large to be appointed by the Governor upon the advice and consent of the Senate. They shall serve for four years and until their successors are appointed and qualify. Members of the commission are subject to removal by the Governor pursuant to the provisions of Section 1-3-240. A vacancy may be filled by the Governor for the unexpired portion of the term.
(B) On July 1, 1993 the Commission on Mental Retardation becomes the Commission on Disabilities and Special Needs. The commissioners continue to serve until their terms expire and their successors are appointed and qualify.
Section 44-20-220. The commission shall determine the policy and promulgate regulations governing the operation of the department and the employment of professional staff and personnel. The members of the commission advisory board shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission shall appoint and in its discretion remove a South Carolina Director of Disabilities and Special Needs who is the chief executive officer of the department. The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its responsibilities. The commission advisory board may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries.
The commission is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to mental retardation, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the commission must consult with the advisory committee of the division for which the regulations shall apply.
Section 44-20-222. The Chief of the Bureau for Special Needs Services shall appoint the State Director of the Office of Disabilities and Special Needs who is the chief executive officer of the office, responsible for governing the office and for employment of professional staff and personnel. The office is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to mental retardation, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the Office of Disabilities and Special Needs must consult with the advisory committee for which the regulations apply.
Section 44-20-225. The Governor shall appoint a seven-member consumer advisory board with the advice and consent of the Senate for each of the following divisions program areas: the Mental Retardation Division Program, the Autism Division Program, and the Head and Spinal Cord Injury Division Program. One member must be a resident of each congressional district, and one must be from the State at large.
The membership of each consumer advisory board must consist of persons with knowledge and expertise in the subject area of that division respective program area. In making such the appointments, race, gender, and other demographic factors should be considered to 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.
The members of the commission advisory boards shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions.
Terms of the members shall be are for four years and until their successors are appointed and qualify, except that of the original appointees, two shall be appointed for a period of two years, two shall be appointed for a period of three years, and three shall be appointed for a period of four years.
Section 44-20-230. Subject to the supervision, direction, and control of the commission Chief of the Bureau for Special Needs, the Director of the Office of Disabilities and Special Needs shall administer the policies and regulations established by the commission office. The director may appoint and in his discretion remove all other officers and employees of the department office subject to the approval of the commission bureau chief.
Section 44-20-240. There is created the South Carolina Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services which has authority over all of the state's services and programs for the treatment and training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department office must be comprised of a Mental Retardation Division Program, an Autism Division Program, and a Head and Spinal Cord Injuries Division Program. The department office may be divided into additional divisions services as may be determined by the director and approved and named by the commission. Responsibility for all autistic services is transferred from the Department of Mental Health to the Department of Disabilities and Special Needs.
Section 44-20-250. The department Office of Disabilities and Special Needs shall coordinate services and programs with other state and local agencies for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. The department office may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department office has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental office services. The department office shall develop service standards for programs of the department office and for programs for which the department office may contract and shall review and evaluate these programs on a periodic basis.
Section 44-20-255. (A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the South Carolina Department of Disabilities and Special Needs as the successor agency to the South Carolina Department of Mental Retardation.
(B) The State Budget and Control Board shall cause to be executed and recorded an appropriate deed conveying the tract to the South Carolina Department of Disabilities and Special Needs.
(C) As of July 1, 2004, all real property, is deemed transferred from the South Carolina Department of Disabilities and Special Needs to the Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services.
(D) Proceeds of a subsequent sale of the tract that is the subject of this section may be retained by the South Carolina Department Office of Disabilities and Special Needs.
Section 44-20-260. The department Office of Disabilities and Special Needs, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of mental retardation, related disabilities, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180.
Section 44-20-270. The department Office of Disabilities and Special Needs is designated as the state's mental retardation, related disabilities, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for mental retardation programs, related disability programs, head injury programs, and spinal cord injury programs. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services or to the South Carolina Department Bureau of Vocational Rehabilitation in the Department of Health and Human Services, Division of Human Services or the administration of the 'State Hospital Construction and Franchising Act'.
Section 44-20-280. The department Office of Disabilities and Special Needs may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and may expend the grants under the terms and conditions of the award.
Section 44-20-290. The director or his designee Office of Disabilities and Special Needs may employ at regional centers security guards who are vested and charged with the powers and the duties of peace officers. They may arrest felons and misdemeanants, eject trespassers, and, without warrant, arrest persons for disorderly conduct who are trespassers on the grounds of the regional center and have them tried in a court of competent jurisdiction. Officers so employed must be bonded and under the direct supervision of the South Carolina Law Enforcement Division and shall report directly to the office director or his designee.
Section 44-20-300. The department Office of Disabilities and Special Needs may acquire motor vehicle liability insurance for employees operating department office vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44-20-310. The department Office of Disabilities and Special Needs may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44-20-320. The department Office of Disabilities and Special Needs or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with mental retardation, related disabilities, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department office with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department office for services rendered. The commission office may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department they must remain and be used for that program service only or to its successor program.
Section 44-20-330. The department Office of Disabilities and Special Needs may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department office for the construction of water, sewer, drainage, natural gas, telephone, telegraph, and electric power lines.
Section 44-20-340. (A) A person, hospital, or other organization may provide information, interviews, reports, statements, written memoranda, documents, or other data related to the condition and treatment of a client or applicant to the department Office of Disabilities and Special Needs, and no liability for damages or other relief arises against the person, hospital, or organization for providing the information or material.
(B) All records pertaining to the identity of a person whose condition or treatment has been studied by the department office are confidential and privileged information. However, upon the written request of the client, the client's or applicant's parent with legal custody, legal guardian, or spouse with the written permission of the client or applicant or under subpoena by a court of law, the department office may furnish pertinent records in its possession to appropriate parties.
Section 44-20-350. (A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department Office of Disabilities and Special Needs or any other agency authorized by the department office to offer services to clients is a just obligation of the person with mental retardation, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section.
(B) The department office or an agency authorized by the department office to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the department's office's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the department office initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The commission Chief of the Bureau of Special Needs Services shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon its findings.
(C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the department office for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The department office with the approval of the commission Chief of the Bureau of Special Needs Services may determine for which services it charges.
(D) The department office shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the department office information or evidence to be considered in establishing charges. The department office may utilize legal procedures to collect lawful claims.
(E) The department office may establish by regulation charges for other services it renders.
Section 44-20-355. The department Office of Disabilities and Special Needs shall assess and collect a fee on all Intermediate Care Facilities for the Mentally Retarded, as defined in Section 44-7-130(19). Providers holding licenses on these facilities shall pay to the department office a fee equal to eight dollars and fifty cents a patient day in these facilities. The department office shall pay all proceeds from the fee into the general fund of the State.
Section 44-20-360. (A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent school districts in general.
(B) The commission State Director of the Office of Disabilities and Special Needs operates as the board of trustees for these districts for administrative purposes, including the receipt and expenditure of funds granted to these districts for any purpose.
Section 44-20-365. No regional center of the department Office of Disabilities and Special Needs may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed.
Section 44-20-370. (A) The department Office of Disabilities and Special Needs shall:
(1) notify applicants when they have qualified under the provisions of this chapter;
(2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the department office or through other fiscal resources under its control;
(3) review service plans submitted by county advisory boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds;
(4) review county programs covered in this chapter;
(5) offer consultation and direction to county boards;
(6) take other action not inconsistent with the law to promote a high quality of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families.
(B) The department office shall seek to develop and utilize the most current and promising methods for the training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The department office shall disseminate these methods to county boards and programs providing related services.
Section 44-20-375. (A) Before July 1, 1992, county boards of disabilities and special needs must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law and the process for appointing board members which existed on January 1, 1991, must be preserved in the ordinance. However, where the county legislative delegation or county council recommends board members to the appointing authority, the delegation may transfer its authority to recommend to the council or the council may transfer its authority to the delegation. If there is a transfer, preservation of the authority to recommend existing on January 1, 1991, is not required, and the new recommending authority must be contained in the ordinance.
(B) County boards of disabilities and special needs established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).
(C) After June 30, 1992, the department Office of Disabilities and Special Needs shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with mental retardation, related disabilities, head injuries, spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).
(D) A county board of disabilities and special needs is a public entity.
(E) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(F) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
Section 44-20-378. A county board of disabilities and special needs established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
Section 44-20-380. (A) County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families.
(B) County boards may apply to the department Office of Disabilities and Special Needs for funds for community services development under the terms and conditions as may be prescribed by the department office. The department office shall review the applications and, subject to state appropriations to the department office or to other funds under the department's office's control, may fund the programs it considers in the best interest of service delivery to the citizens of the State with mental retardation, related disabilities, head injuries, or spinal cord injuries.
(C) Subject to the approval of the department office, county boards may seek state or federal funds administered by state agencies other than the department office, funds from local governments or from private sources, or funds available from agencies of the federal government. The county boards may not apply directly to the General Assembly for funding or receive funds directly from the General Assembly.
Section 44-20-385. Subject to the provisions of this chapter and the regulations of the department Office of Disabilities and Special Needs each county disabilities and special needs board:
(1) is the administrative, planning, coordinating, and service delivery body for county disabilities and special needs services funded in whole or in part by state appropriations to the department office or funded from other sources under the department's office's control. It is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real and mortgage property and erect and maintain buildings. The department office shall approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State. However, the department office has no responsibility for the debt so approved;
(2) shall submit an annual plan and projected budget to the department office for approval and consideration of funding;
(3) shall review and evaluate on at least an annual basis the county disabilities and special needs services provided pursuant to this chapter and report its findings and recommendations to the department office;
(4) shall promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources;
(5) shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county mental retardation, related disabilities, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department office;
(6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies;
(7) shall provide the department office records, reports, and access to its sponsored services and facilities the department office may require and submit its sponsored services and facilities to licensing requirements of the department office or to the licensing requirements of other state or local agencies having this legal authority;
(8) shall represent the best interest of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations.
Section 44-20-390. (A) In order to provide assistance to families and individuals the department Office of Disabilities and Special Needs shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the department office. If upon completion of the assessment the applicant is determined to have mental retardation, a related disability, head injury, or spinal cord injury and be in need of services, he may become a client of the department office and eligible for services. A service plan must be designated for each person assessed. A person determined to have mental retardation, a related disability, head injury, or spinal cord injury and who chooses to become a client of the department office, must be provided with the delivery or coordination of services by the department office. A person determined not to have mental retardation, a related disability, head injury, or spinal cord injury may be provided by the department office with referral and assistance in obtaining appropriate services or further evaluation.
(B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The department office shall determine the 'least restrictive environment' and may contract with individuals or organizations for a reasonable sum as determined by the department office to provide the services. The department office shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The department office shall develop standards prescribing the service plan review.
(C) No individual believed to have mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the department office until he has been examined at a diagnostic center of the department office or a diagnostic center approved by the department office and certified by the department office on the basis of acceptable data to have mental retardation, a related disability, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's office's services.
(D) The applicant shall meet residency requirements in at least one of the following categories:
(1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina.
(2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the department's office's satisfaction his intent to return to South Carolina.
(3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.
Section 44-20-400. Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the for department Office of Disabilities and Special Needs evaluation and diagnosis and shall remain in the residential services of the department office for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental office policies as regular admissions. The department office may prescribe the form of the written application for diagnostic services.
Section 44-20-430. The director of the Office of Disabilities and Special Needs or his designee has the final authority over applicant eligibility, determination, or services and admission order, subject to policies adopted by the commission.
Section 44-20-440. Subject to the availability of suitable services and programs and subject to the provisions of 'Requirement for Admission to Services', 'Order in which Person May be Admitted', and 'Final Authority over Eligibility', the Director of the Office of Disabilities and Special Needs or his designee may admit a client to the services of the department office upon the written request of the parents of the person with mental retardation, a related disability, head injury or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with mental retardation, a related disability, head injury, or spinal cord injury seeking to be admitted to the department's office's services if the person is twenty-one years of age or over and competent to make the decision. The department office shall prescribe the form of the application for services.
Section 44-20-450. (A) Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department Office of Disabilities and Special Needs may be initiated by the filing of a verified petition with the probate or the family court by:
(1) the spouse;
(2) a relative;
(3) the parents;
(4) a parent with legal custody;
(5) the legal guardian of the person;
(6) the person in charge of a public or private institution in which the individual is residing at the time;
(7) the director of the county department office of social services of the county in which the person resides; or
(8) a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).
Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department office must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing.
(B) The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have mental retardation or a related disability or at another place considered appropriate by the court. The person alleged to have mental retardation or a related disability does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have mental retardation or a related disability or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present.
(C) A report of the person in charge of the examination of the person alleged to have mental retardation or a related disability at the diagnostic center referred to in "Requirement for Admission" must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced.
(D) If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have mental retardation or a related disability to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition.
(E) If the person is found by the court to have mental retardation or a related disability and be in need of placement in a facility or service program of the department office, the court shall order that he be admitted to the jurisdiction of the department office as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court.
(F) The department office shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with mental retardation or a related disability. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with mental retardation or a related disability to a program the department office designates.
(G) A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with mental retardation or a related disability must be placed in protective custody in either a facility of the department office or in some other suitable place designated by the court. No person with mental retardation or a related disability must be confined in jail unless there is a criminal charge pending against him.
Section 44-20-460. (A) A person admitted or committed to the services of the department Office of Disabilities and Special Needs remains a client and is eligible for services until discharged. When the department office determines that a client admitted to services is no longer in need of them, the director or his designee may discharge him. When the only basis of the department's office's provision of services to a client is that he is a person with mental retardation or a related disability and it is determined that he is no longer in that condition, the director or his designee shall discharge him as soon as practical. A client of the department office who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the director or his designee may prescribe.
(B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's office's services requests discharge in writing, the client may be detained by the department office for no more than ninety-six hours. However, if the condition of the person is considered by the director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the probate court or family court of the county in which the facility where the person with mental retardation or a related disability resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with mental retardation or a related disability placed in protective custody in either a facility of the department office or in some other suitable place designated by the court.
Section 44-20-470. (A) The department Office of Disabilities and Special Needs may return a nonresident person with mental retardation or a related disability admitted to a service or program in this State to the proper agency of the state of his residence.
(B) The department office is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with mental retardation or a related disability in this State or other states.
(C) The department office may detain a person with mental retardation or a related disability returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State.
(D) The expense of returning persons with mental retardation or a related disability to other states must be paid by this State, and the expense of returning residents of this State with mental retardation or a related disability must be paid by the state making the return when interstate agreements to that effect have been negotiated.
Section 44-20-480. When the department Office of Disabilities and Special Needs determines that the welfare of a client would be facilitated by his placement out of the home, the client must be evaluated by the department office, and the least restrictive level of care possible for the client must be recommended and provided when available. The department office shall determine which levels of care are more restrictive and is responsible for providing a range of placements offering various levels of supervision. The department office may pay an individual or organization furnishing residential alternatives to clients under this section a reasonable sum for services rendered, as determined by the department office.
Section 44-20-490. (A) When the department Office of Disabilities and Special Needs determines that a client may benefit from being placed in an employment situation, the department office shall regulate the terms and conditions of employment, shall supervise persons with mental retardation, a related disability, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served.
(B) The department office may operate sheltered employment and training programs at its various facilities and in communities and may pay clients employed in these settings from earnings of the program or from other funds available for this purpose.
(C) Clients who receive job training and employment services from the department office must be compensated in accordance with applicable state and federal laws and regulations.
Section 44-20-500. When a client is absent from a facility or program and there is probable cause the client may be in danger, the director or his designee may issue an order of confinement for the client. This order, when endorsed by the judge of the probate, family, or circuit court of the county in which the client is present or residing, authorizes a peace officer to take the client into custody for not more than twenty-four hours and to return him or cause him to be returned to the place designated by the director or his designee.
Section 44-20-510. Placement of a person with mental retardation, a related disability, head injury, or spinal cord injury in a program of the department Office of Disabilities and Special Needs does not preclude his attendance in community-based public school classes when the individual qualifies for the classes."
SECTION 165. Article 5, Chapter 20, Title 44 of the 1976 Code is amended to read:
Section 44-20-710. No day program in part or in full for the care, training, or treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department Office of Disabilities and Special Needs. For the purpose of this article 'in part' means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article.
Section 44-20-720. The department Office of Disabilities and Special Needs shall establish minimum standards of operation and license programs provided for in 'Facilities and Programs must be Licensed'.
Section 44-20-730. In determining whether a license may be issued the department Office of Disabilities and Special Needs shall consider if the program for which the license is applied conforms with the local and state service plans and if the proposed location conforms to use.
Section 44-20-740. No day program may accept a person who has mental retardation, a related disability, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department Office of Disabilities and Special Needs in a form and under conditions the department office may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned.
Section 44-20-750. The department Office of Disabilities and Special Needs shall make day program inspections as it may prescribe by regulation. The day programs subject to this article may be visited and inspected by the director or his designees no less than annually and before the issuance of a license. Upon request, each program shall file with the department office a copy of its bylaws, regulations, and rates of charges. The records of each licensed program are open to the inspection of the director or his designees.
Section 44-20-760. Information received by the department Office of Disabilities and Special Needs through licensing inspections or as otherwise authorized may be disclosed publicly upon written request to the department office. The reports may not identify individuals receiving services from the department office.
Section 44-20-770. The department Office of Disabilities and Special Needs shall deny, suspend, or revoke a license on any of the following grounds:
(1) failure to establish or maintain proper standards of care and service as prescribed by the department office;
(2) conduct or practices detrimental to the health or safety of residents or employees of the day program. This item does not apply to healing practices authorized by law;
(3) violation of the provisions of this article or regulations promulgated under it.
Section 44-20-780. (A) The department Office of Disabilities and Special Needs shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the department office determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department office and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant.
(B) If an existing program has conditions or practices which, in the department's office's judgment, provide an immediate threat to the safety and welfare of the person with mental retardation, a related disability, head injury, or spinal cord injury served, the department office may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in 'Injunctions; Penalties'.
Section 44-20-790. The procedures governing hearings authorized by 'Notice of Deficiencies . . .' must be in accordance with regulations promulgated by the department Office of Disabilities and Special Needs. The director may appoint a review team, including consumers, to assist in the collection of information pertinent to the hearing.
Section 44-20-800. An applicant or licensee who is dissatisfied with the decision of the department Office of Disabilities and Special Needs as a result of the hearing provided for by 'Procedures Governing Disciplinary Hearings . . .' may appeal to a South Carolina administrative law judge as provided in Article 5 of Chapter 23 of Title 1.
Section 44-20-900. (A) The department Office of Disabilities and Special Needs, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge.
(B) A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and two thousand dollars for a subsequent offense. Each day the day program operates after a first conviction is considered a subsequent offense.
Section 44-20-1000. Licensing by the department Office of Disabilities and Special Needs must be done in conjunction with and not in place of licensing by an agency having responsibilities outside the department's office's jurisdiction. However, nothing in this section prevents the department office from entering into cooperative agreements or contracts with an agency which has or may have licensing responsibilities in order to accomplish the licensing of programs."
SECTION 166. Article 7, Chapter 20, Title 44 of the 1976 Code is amended to read:
Section 44-20-1110. The department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs has authority for all of the state's disabilities and special needs services and programs.
Section 44-20-1120. The commission Office of Disabilities and Special Needs with the approval of the Chief of the Bureau of Disabilities and Special Needs Services may raise monies for the construction of improvements under the terms and conditions of this article.
Section 44-20-1130. The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the commission office may not exceed twenty million dollars.
Section 44-20-1140. If the commission office determines that improvements are required for a residential regional center or community facility, it may make application for them to the State Budget and Control Board. The application must contain:
(1) a description of the improvements sought and their estimated cost;
(2) the number of paying clients receiving services from the department office, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year;
(3) the revenues derived from the paying clients during the preceding three fiscal years;
(4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of monies to be made available to the commission for state capital improvement bonds;
(5) a statement showing the debt service requirements of other outstanding obligations.
Section 44-20-1150. The State Budget and Control Board may approve, in whole or in part, or may modify an application received from the commission office. If it finds that a need for the improvements sought by the commission office exists, it may contract to make available to the commission office funds to be realized from the sale of state capital improvements bonds if it finds that the revenues for the preceding fiscal year, if multiplied by the number of years, which may not exceed twenty, contemplated by the suggested or revised maturity schedule for the repayment of the monies to be made available to the commission office, result in the production of a sum equal to not less than one hundred twenty-five percent of the aggregate principal and interest requirement of all outstanding obligations and all obligations to be incurred by the commission office.
Section 44-20-1160. Upon receiving the approval of the State Budget and Control Board the commission office shall obligate itself to apply all monies derived from its revenues to the payment of the principal and interest of its outstanding obligations and those to be issued and to deliver to the board its obligations.
Section 44-20-1170. (A) Following the execution and delivery of its obligations, the commission shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the commission office under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds.
(B) If the accumulation of revenues of the commission office in the special fund exceeds the payment due or to become due during the then current fiscal year and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Budget and Control Board may permit the commission office to withdraw the excess and apply it to improvements that have received the approval of the board or to transfer the excess out of the special fund for contract awards to local disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards."
SECTION 167. Chapter 26, Title 44 of the 1976 Code is amended to read;
Section 44-26-10. As used in this chapter:
(1) 'Aversive stimuli' means a clinical procedure which staff apply, contingent upon the exhibition of maladapted behavior, startling, unpleasant, or painful stimuli or stimuli that have a potentially noxious effect.
(2) 'Client' means a person who is determined by the South Carolina Department Office of Disabilities and Special Needs to have mental retardation or a related disability and is receiving services or is an infant at risk of having mental retardation or a related disability and is receiving services.
(3) 'Client's representative' means the client's parent, guardian, legal counsel, or other person who acts on behalf or in the best interest of a person with mental retardation or a related disability.
(4) 'Director' means the South Carolina Director of the Office of Disabilities and Special Needs.
(5) 'Court' means a probate court of appropriate jurisdiction unless specified otherwise.
(6) 'Department Office' or 'Office of Disabilities and Special Needs' means the South Carolina Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services.
(7) 'Facility' means a residential setting operated, assisted, or contracted out by the department office that provides twenty-four hour care and supervision.
(8) 'Habilitation' means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills.
(9) 'Interdisciplinary team' means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan.
(10) 'Major medical treatment' means a medical, surgical, or diagnostic intervention or procedure proposed for a person with mental retardation or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include routine diagnosis or treatment such as the administration of medications or nutrition or the extractions of bodily fluids for analysis or dental care performed with a local anesthetic or a nonpermanent procedure designed for the prevention of pregnancy.
(11) 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
(12) 'Mental retardation professional' means a person responsible for supervising a client's plan of care, integrating various aspects of the program, recording progress, and initiating periodic review of each individual plan of habilitation.
(13) 'Plan of habilitation' means a written plan setting forth measurable goals or behaviorally stated objectives in prescribing an integrated program of individually designed activities or therapies necessary to achieve the goals and objectives.
(14) "Planned exclusionary time-out" means the technique of behavior modification in which a client is removed from the immediate environment to a physically safe, lighted, and normal temperature room for a specific period of time not to exceed one hour under the direct continued observation of staff.
Section 44-26-20. Clients have the right to a writ of habeas corpus.
Section 44-26-30. A mentally retarded person has the right to be represented by counsel when involuntarily committed to the department Office of Disabilities and Special Needs pursuant to Section 44-20-450.
Section 44-26-40. If a client resides in a facility operated by or contracted to by the department Office of Disabilities and Special Needs, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20(6) of the Adult Health Care Consent Act. The department office shall abide by the decision of a client found competent to consent.
Section 44-26-50. If the client is found incompetent to consent to or refuse major medical treatment, the decisions concerning his health care must be made pursuant to Section 44-66-30 of the Adult Health Care Consent Act. An authorized designee of the department Office of Disabilities and Special Needs may make a health care decision pursuant to Section 44-66-30(8) of the Adult Health Care Consent Act. The person making the decision must be informed of the need for major medical treatment, alternative treatments, and the nature and implications of the proposed health care and shall consult the attending physician before making decisions. When feasible, the person making the decision shall observe or consult with the client found to be incompetent.
Section 44-26-60. (A) If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority:
(1) legal guardian;
(2) parent;
(3) grandparent or adult sibling;
(4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client;
(5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client;
(6) authorized designee of the department Office of Disabilities and Special Needs.
(B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client 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 client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in Section 44-66-20(6) of the Adult Health Care Consent Act.
(D) In an emergency health care may be provided without consent pursuant to Section 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority.
Section 44-26-70. (A) Human rights committees must be established for each regional center and for each county/multi-county program to:
(1) review and advise the regional center or the county/multi-county board on the policies pertaining to clients' rights policies;
(2) hear and make recommendations to the regional center or county/multi-county board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260;
(3) review and advise the regional center or county/multi-county board on program plans for behavior management which may restrict personal freedoms or rights of clients;
(4) advise the regional center or county/multi-county board on other matters as requested pertaining to the rights of clients.
(B) Human rights committees must be appointed by the director or his designee. Each committee consists of not less than the following five persons, except employees or former employees of the regional center or county/multi-county board must not be appointed:
(1) a family member of a person with mental retardation or a related disability;
(2) a client of the department Office of Disabilities and Special Needs, if appropriate;
(3) a representative of the community at large with expertise or a demonstrated interest in the care and treatment of persons with mental retardation or related disabilities.
(C) The department office shall establish policy and procedures for the operations of the committees.
(D) Members of the committees serve in an advisory capacity only and are exempt from liability.
Section 44-26-80. A client or his representative has the right to appeal decisions concerning the services or treatment provided by the department Office of Disabilities and Special Needs, county/multi-county board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The department office shall establish policies and procedures for the review of grievances and the appeal of decisions. The director has final authority.
Section 44-26-90. Unless a client has been adjudicated incompetent, he must not 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 office facilities reasonably shall assist clients 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;
(8) exercise rights of citizenship in the same manner as a person without mental retardation or a related disability.
Section 44-26-100. (A) Except to the extent an interdisciplinary team of a residential program determines that it is required by the medical needs, safety, or habilitative goals of the client to impose restrictions, a client 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, envelopes, and telephones, including reasonable funds or means by which to use telephones, must be provided;
(2) receive visitors. A facility must have a designated area where clients and visitors may speak privately;
(3) wear his clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his money, and keep and use his personal possessions, including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental retardation professional or physician to be dangerous or otherwise inappropriate to the habilitation regimen. If clothing is provided by the facility, clients must have the opportunity to select from neat, clean, seasonal clothing that allows the client to appear normal in the community. The clothing must be considered to be the client's throughout his stay in the facility;
(4) have access to individual storage space for private use. Personal property of a client brought into the facility and placed in storage by the facility must be inventoried. Receipts must be given to the client and at least one other interested person. The personal property may be reclaimed only by the client or his guardian as long as he is living unless otherwise ordered by the court;
(5) follow or abstain from religious practices. Religious practices may be prohibited by the facility supervisor if they lead to physical harm to the client or to others, harassment of other clients, or damage to property.
(B) The department Office of Disabilities and Special Needs shall determine what constitutes reasonable access for the rights provided in this section. Limitations imposed on the exercise of the rights by the client and the reasons for the limitations must be made part of the client's record. The limitations are valid for no more than thirty days. The time may be extended an additional thirty days if, upon review, it is determined the client's safety or habilitation warrants limitations of the rights. If the department office restricts rights, the reasons for the restriction and why the condition cannot be resolved in a less restrictive manner must be recorded in the client's record.
Section 44-26-110. Clients have the right to daily physical exercise. Operators of a facility shall provide indoor and outdoor areas and equipment for this purpose. Clients determined able to be outdoors on a daily basis pursuant to Section 44-26-150 must be allowed this privilege in the absence of contrary medical considerations or during periods of inclement weather.
Section 44-26-120. (A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing.
(B) A client or his representative may be refused access to information in the medical and habilitative records if:
(1) provided by a third party under assurance that the information remains confidential;
(2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information.
(C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department State Director of the Office of Disabilities and Special Needs. The director of the residential program shall notify the client or his representative of the right to appeal.
(D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record.
Section 44-26-130. (A) Communications between clients and mental retardation professionals, including general physicians, psychiatrists, psychologists, nurses, social workers, members of interdisciplinary teams, or other staff members employed in a client-therapist capacity or an employee under supervision of them are considered confidential. Certificates, applications, records, and reports made for the purpose of this chapter that directly or indirectly identify a client, as well as privileged communications, must be kept confidential and must not be disclosed by a person unless:
(1) the identified client or his representative consents;
(2) a court directs disclosure upon its determination 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 Office of Disabilities and Special Needs;
(4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state agencies, schools, and county entities;
(5) disclosure is necessary to carry out this chapter.
(B) Nothing in this section precludes disclosure:
(1) upon proper inquiry, of information as to a client's current medical condition, to appropriate next of kin;
(2) if the information is used in an educational or informational capacity if the identity of the client is concealed;
(3) of information to the Governor's Bureau of Ombudsman Office Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination or the South Carolina Protection and Advocacy System for the Handicapped, Inc., as consistent with state law.
Section 44-26-140. (A) Clients receiving services for mental retardation shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department Office of Disabilities and Special Needs shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients.
(B) In emergency admissions when the least restrictive setting is not available a client must be admitted to the nearest proper facility until he may be moved to the least restrictive setting.
(C) In judicial or emergency admissions to the department office every attempt must be made by the court to ensure a client's placement in the least restrictive alternative of services available.
(D) No client may remain at a level of care that is more restrictive than is warranted to meet his needs if alternative care is available. A residential program must attempt to move clients from:
(1) more to less structured living;
(2) larger to smaller facilities;
(3) larger to smaller living units;
(4) group to individual residence;
(5) segregated from the community to integrated into the community;
(6) dependent to independent living.
Section 44-26-150. (A) Before or at the time of admission to a mental retardation residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client's rights while under the care of the facility.
(B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client's attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain:
(1) a statement of the nature and degree of the client's mental retardation and the needs of the client;
(2) if a physical examination has been conducted, the client's physical condition;
(3) a description of intermediate and long-range habilitative goals and, if possible, future available services;
(4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why.
(C) A mental retardation professional shall review each client's individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client's record. The interdisciplinary team shall conduct a full review of the client's records and habilitation program annually.
(D) Included in a review must be a reassessment of the client's plan of habilitation. If the reassessment indicates a need for revisions in the client's plan of habilitation, the revisions must be implemented.
(E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to Section 44-26-120.
(F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to Section 44-26-80.
Section 44-26-160. (A) No client residing in a mental retardation facility may be subjected to chemical or mechanical restraint or a form of physical coercion or restraint unless the action is authorized in writing by a mental retardation professional or attending physician as being required by the habilitation or medical needs of the client and it is the least restrictive alternative possible to meet the needs of the client. Emergency restraints require the written authorization of the attending physician or designated staff member and must be noted in the client's record.
(B) Each use of a restraint and justification for it must be entered into the client's record. The authorization is not valid for more than twelve hours during which the client's condition must be charted at thirty-minute intervals. If the orders are extended beyond the twelve hours, the extension must have written authorization by a mental retardation professional or attending physician. Within twenty-four hours a copy of the authorization must be forwarded to the facility supervisor for review. Clients under a form of restraint must be allowed no less than ten minutes every two hours for motion and exercise. Mechanical restraint must be employed in a manner that lessens the possibility of physical injury and ensures the least possible discomfort.
(C) No form of restraint may be used for the convenience of staff, as punishment, as a substitute for a habilitation program or in a manner that interferes with the client's habilitation program.
(D) In an emergency such as a serious threat of extreme violence, injury to others, personal injury, or attempted suicide, if the attending physician or a mental retardation professional is not available, staff may authorize mechanical restraint or physical restraint, in conjunction with state and federal regulations, when these means are necessary for as long as the behavior that warrants restraint persists. The use must be reported immediately to the attending physician or mental retardation professional who shall authorize its continuance or cessation and make a written record of the reasons for its use and his review. The records and review must be entered into the client's record. The facility must have written policies and procedures governing the use of mechanical and physical restraints.
(E) The client's family or his representative, or both, must be notified immediately of the use of restraints.
(F) The appropriate human rights committees must be notified of the use of emergency restraints.
(G) Documentation of less restrictive methods that have failed must be entered into the client's record when applicable.
Section 44-26-170. (A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of:
(1) prior written approval for the technique by the director;
(2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client's record;
(3) documentation of less restrictive methods that have failed must be entered into the client's record.
(B) Seclusion must not be used on mentally retarded clients.
(C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping.
(D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness.
Section 44-26-180. A client or his representative shall give informed consent in every case before participation in research conducted by, for, or in cooperation with the department Office of Disabilities and Special Needs. The department office shall promulgate regulations to obtain informed consent and to protect the dignity of the individual.
Section 44-26-190. (A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with mental retardation. It shall utilize the assistance, service, and findings of other state and federal agencies.
(B) School-aged mentally retarded clients have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged mentally retarded person in a facility of the department Office of Disabilities and Special Needs does not preclude his attendance in community-based public schools. It is the goal of each mental retardation facility to effect a move of each resident client from facility-based educational programs to community-based public schools.
Section 44-26-200. The South Carolina State Employment Service Division Office of the South Carolina Bureau of Employment Security Commission and the State Agency Bureau of Vocational Rehabilitation, both in the Department of Health and Human Services, Division of Human Services shall work together to find employment for citizens with mental retardation. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the division and the agency.
Section 44-26-210. A person who wilfully causes, or conspires with or assists another to cause, the denial to a client of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, upon actual knowledge or information thought by him to be reliable, is exempt from criminal liability.
Section 44-26-220. (A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision.
(B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment.
(C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.
(D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner."
SECTION 168. Article 21, Chapter 7, Title 44 of the 1976 Code is amended to read:
Section 44-7-2510. This article may be cited as the 'Infants and Toddlers with Disabilities Act'.
Section 44-7-2515. The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter VIII.
Section 44-7-2520. As used in this article unless the context otherwise requires:
(1) 'Department Office of Babynet Services' or 'Office' means the Office of Babynet Services in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs and is the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated.
(2) 'Infants and toddlers with disabilities' means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(3) 'Early intervention services' are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services.
(4) 'Council' means the State Interagency Coordinating Council which must be established in conformance with federal regulations.
Section 44-7-2530. (A) The department The Office of Babynet Services must:
(1) monitor programs and activities to ensure compliance with federal law and regulations;
(2) identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources;
(3) develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers;
(4) develop procedures to ensure resolution of intraagency and interagency disputes;
(5) develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes.
(B) To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department shall assign financial responsibility among agencies providing early intervention services.
(C) All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.
Section 44-7-2540. (A) The State Interagency Coordinating Council shall advise and assist the department The Office of Babynet Services in developing a comprehensive interagency system to provide early intervention services for all eligible infants and toddlers with disabilities and their families.
(B) The comprehensive interagency system must implement:
(1) a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with disabilities in the State, including the needs of their families relating to enhancing the child's development;
(2) a written individualized family service plan for each eligible infant or toddler with a disability;
(3) a comprehensive method of identifying infants and toddlers with disabilities;
(4) a public awareness program focusing on early identification of infants and toddlers with disabilities;
(5) access to a central directory which includes early intervention services, resources, and experts available in the State;
(6) a comprehensive system of personnel development for those who serve eligible infants and toddlers with disabilities;
(7) formal interagency agreements which:
(a) define the responsibility of each agency for providing and paying for early intervention services;
(b) coordinate programs so as to permit children and their families to move easily among agencies in the system;
(c) adopt uniform program, health, and safety standards;
(d) contain procedures for resolving disputes;
(8) procedural safeguards as required by federal and state law;
(9) a method for compiling data on the number of infants and toddlers with disabilities in the State in need of early intervention services, the number served, the types of disabilities, the types of services provided, and other information required by the federal government or needed to deliver services effectively.
(C) Early intervention services must be available through the comprehensive interagency system and provided by appropriate state agencies in accordance with time requirements of Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the individual family service plan for each eligible infant or toddler.
Section 44-7-2550. The department Office of Babynet Services shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement, when appropriate, the department office may develop standards addressing the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.
Section 44-7-2560. (A) Based on the assessment provided for in Section 44-7-2540 an individualized family service plan must be developed by a multidisciplinary team of appropriate qualified personnel which also must include the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:
(1) a statement of the present levels of physical, cognitive, psychosocial, communication, and self-help skill development for the infant or toddler with disabilities;
(2) a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;
(3) with concurrence of the family, a statement of the family's resources relating to enhancing the child's development;
(4) a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;
(5) a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services and payment arrangement, if any;
(6) the projected dates for initiation of services and the anticipated duration of services;
(7) the name of the service coordinator. The service coordinator is responsible for the implementation of the plan and coordination with other agencies and persons;
(8) the steps necessary to support transition of the child to other programs, if appropriate.
(B) The individualized family service plan must be developed within the time established by the department Office of Babynet Services after the child initially is referred and after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan, provided an interim plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department office, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at three-month intervals or more frequently, if appropriate.
Section 44-7-2570. (A) Families must not be charged for early intervention services provided pursuant to this article.
(B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities.
(C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department Office of Babynet to the Joint Legislative Committee on Children Chief of the Bureau of Special Needs Services on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request.
Section 44-7-2590. All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
Section 44-7-2600. By August first of each year the department Office of Babynet shall submit an annual report to the Joint Legislative Committee on Children Chief of the Bureau of Special Need Services regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.
Section 44-7-2610. (A) County or multicounty local interagency coordinating councils (ICC) representing each county in the State must be established. Membership on each council must consist of parents, providers, local agencies, and government agencies.
(B) The function of the local ICC will be to advise and assist the state council and the department Office of Babynet Services in planning and implementing a system of early intervention services at the local community level.
(C) Each local ICC shall report to the state council on the status of early intervention services in its county.
(D) With prior approval by the department office and the state council, local ICC's may enter into local interagency agreements. Local ICC's may give advice and assistance to local early intervention projects. No member of a local ICC may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state law."
SECTION 169. 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 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 and is cause for the state director'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. The 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.
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 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 170 . 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 State Director of the State Department Chief of the Bureau of Social Services.
SECTION 171. 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 172 . 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 in the discharge of their functions or in the use of any funds provided by the state department Bureau of Social Services."
SECTION 173. 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 174 . 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 175. 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 43-5-20. (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 Bureau of Health and Environmental Control Programs in the Department of Health and Human Services, Division of Health Services 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 Bureau of Health Programs. 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 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 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 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 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 176. 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 177. 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 bureau of Social Services 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 bureau may 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 bureau may 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 department bureaus; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department bureau may 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 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 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 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 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 Bureau of 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 Bureau of 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 Bureau of 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 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 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 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 178. 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 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 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 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 Bureau 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 Bureau 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 Bureau of 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 Bureau of Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department 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 Bureau of 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 Office 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 Bureau of Health Programs, in the Department of Health and Human Services, Division of Health Services 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 Bureau of Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department bureau of Social Services 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 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 179. 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 180. 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 181. 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 182. 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 183. 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 184. 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 nonthreatening 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 bureau of Social Services 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 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 Bureau 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.
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 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 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 bureau 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 bureau 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 bureau 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 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 20-7-646. 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 bureau may 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 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 bureau of Social Services 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 bureau of Social Services 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services or operated by the Department Office of Mental Health.
(G) The Department bureau of Social Services 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 Bureau of Ombudsman Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination;
(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 Department of Health and Human Services, Division of Advocacy and Service Coordination 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 preplacement 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 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 185. Subarticles 1 through 3 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 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 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 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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. "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 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 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. 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. 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 186 . 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 187 . 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 188. 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 189. 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 190. 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 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 191. Section 20-7-952 A.(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 192. 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 193. 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 194 . 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 195. 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 196. 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 Environment and 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 of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division 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 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 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 197. 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 198 . 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 Bureau of 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 199. 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 200. 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 201. 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 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 Bureau of 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 Bureau of 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 202. 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 203. 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 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 204. 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 205. 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 206. 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 207. 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 208. 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 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 209. 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 210. 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 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 211. 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 212. 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 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 213. 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 214. 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 215. 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 216. 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 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 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 217. 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.
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 218. 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.
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 219. 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 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 and report the number of children kept at the facility with the State Department Bureau of Social Services 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 bureau may 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 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 220. 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 the provisions of this item shall 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 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 221. 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 222. 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 Department of Health and Human Services, Division of Human Services, 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 223. 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 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 office may 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 office's 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 224. 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 Office on Aging in the Department of Health and Human Services, Division of Human Services, Bureau of Senior 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 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 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 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 Chief of the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, the State Director Chief of the Bureau of Social Services in the Department of Health and Human Services, Division of Human Services, the State Director of the Department Office of Mental Health in the Department of Health And Human Services, Division of Health Services, Bureau of Behavioral Health Services, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director Chief of the South Carolina State Bureau of Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department Chief of the Bureau 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 Chief of the Commission Bureau of Services for the Blind, the Director Undersecretary of the Division of Health Care Financing in the Department of Health and Human Services, the State Director of the Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 Chief of the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services;
(4) the Director of the Department Office of Mental Health, in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services;
(5) the Director of the Department Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services;
(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 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 225. Section 43-35-10(5) of the 1976 Code is amended to read:
"(5)(a) 'Investigative entity' means the Long Term Care Ombudsman Program or the Office of Adult Protective Services Program in the Department of Health and Human Services, Division of Human Services, Bureau of Senior 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 Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination;
(c) 'Office 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 Services."
SECTION 226. 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 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 Services filing the petition, excluding Saturdays, Sundays, and legal holidays."
SECTION 227. 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 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 Chief of the Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, or a designee;
(g) State Department Office of Mental Health in the Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services, Commissioner Director, or a designee;
(h) South Carolina Department of Mental Retardation, Commissioner Director of the Office of Disabilities and Special Needs in the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services, or a designee;
(i) Office Adult Protective Services Program, Director, or a designee;
(j) Health and Human Services Finance Commission, Executive Director, or a designee 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 228. Chapter 29, Title 41 of the 1976 Code is amended to read:
Section 41-29-10. (A) Chapters 27 through 41 of this Title shall be administered by the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services. The bureau is supported by a commission shall consist which consists 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 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.
(B) For purposes of this chapter, 'bureau' means the Bureau of Employment Security in the Department of Health and Human Services, Division of Human Services.
Section 41-29-20. The commission shall elect one of its members as chairman. Any two commissioners shall constitute a quorum and no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of assigned to the Commission through action of a quorum.
Section 41-29-30. The Commission Undersecretary of the Division of Human Services shall appoint in accordance with Section 41-29-70 an administrator a bureau chief who shall act as secretary and chief executive officer of the Commission Bureau of Employment Security and who shall, when the commission is not in session, exercise the powers and authority of the Commission, subject to the approval or disapproval of the Commission at its next meeting bureau except for any powers or duties exclusively provided to the commission.
Section 41-29-40. There are created under the Commission bureau two coordinate divisions offices, the South Carolina State Employment Service Division Office created pursuant to Section 41-5-10, and a division an office to be known as the Unemployment Compensation Division Office. Each division shall office must be administered by a full-time salaried director, who shall be subject to the supervision and direction of the Commission bureau chief. The Commission bureau chief may appoint, fix the compensation of and prescribe the duties of the directors of said divisions these offices. Such appointments shall be made on a nonpartisan merit basis in accordance with the provisions of Section 41-29-90. The director of each division shall office must be responsible to the Commission bureau chief for the administration of his particular division office and shall have such powers and authority as may be vested in him by the Commission bureau chief.
Section 41-29-50. The Commission bureau chief shall appoint a state advisory council and may appoint local or industry advisory councils, composed in each case of equal numbers of employer representatives and employee representatives, who may fairly be regarded as representatives because of their vocation, employment or affiliations, and of such members representing the general public as the Commission bureau chief may designate. Such councils shall aid the Commission bureau chief in formulating policies and discussing problems relating to the administration of Chapters 27 through 41 of this Title and in assuring impartiality and freedom from political influence in the solution of such problems. Such advisory councils shall serve without compensation, but shall be reimbursed for any necessary expenses.
Section 41-29-60. The Commission bureau chief shall determine its own organization and methods of procedure for the bureau in accordance with the provisions of Chapters 27 through 41 of this Title and shall have an official seal, which shall be judicially noticed.
Section 41-29-70. Subject to the provisions of Chapters 27 through 41 of this Title, the Commission Undersecretary of the Division of Human Services may appoint and fix the compensation (subject to the approval of the State Budget and Control Board unless otherwise provided by the General Assembly) and prescribe the duties and powers of such officers, accountants, attorneys, experts and other persons as may be necessary in the performance of its duties under Chapters 27 through 41 of this Title.
Section 41-29-80. The Commission bureau chief shall classify all positions under Chapters 27 through 41 of this Title, except those exempted by the Federal Social Security Act or regulations of the Secretary of Labor or his successors under authority thereof, and shall establish salary schedules and minimum personnel standards. Such standards shall conform to the minimum standards prescribed under the provisions of Section 303(a)(1) of the Federal Social Security Act, as amended.
Section 41-29-90. The Commission bureau shall adopt and enforce fair and reasonable regulations for appointment, promotion and demotion of its employees based upon ratings of efficiency and fitness. Such regulations shall provide:
(1) for the establishment of a merit system council composed of three persons who do not hold political office, are not officers of a political party or organization, are of recognized standing and are in sympathy with the improvement of public administrations and the impartial selection of efficient government personnel on a merit basis, such council members to be selected for terms of five years, their initial appointment have been for terms of one, three and five years respectively, and to be removable only for cause;
(2) that no employee of the Commission bureau shall be dismissed except for good cause, that any employee who is dismissed may appeal to the merit system council and that the decision of the council as to whether or not the termination was for proper cause in accordance with the regulations prescribed under this section shall be binding upon the Commission bureau except in cases of dismissal due to reduction of force or curtailment of funds;
(3) for the holding of examinations to determine the qualification of applicants for vacancies in classified positions and that, except for temporary appointments not to exceed six months in duration, all personnel shall be appointed from registers set up as a result of such examinations; and
(4) that the merit system council shall be vested with the control of administration of merit examinations to determine fitness and efficiency and shall be charged with the selection and supervision of a supervisor of examinations to conduct actively and administer the merit system of personnel administration set up in accordance with the requirements of this section.
The provisions of this section relating to the merit system shall not operate to repeal any prior act of the General Assembly which may provide for a state personnel board or which may provide for a joint administration of the merit system for this Commission bureau and any other department and agency of the State, and in so far as the provisions of this section are in conflict with any such act they shall be inoperative. The Commission bureau shall not employ or pay any person who is an officer or committee member of any political party or organization.
Section 41-29-100. The Commission bureau chief may delegate to any person employed pursuant to Section 41-29-70 such power and authority as it he deems reasonable and proper for the effective administration of Chapters 27 through 41 of this Title and may in its his discretion bond any person handling moneys or signing checks under such chapters.
Section 41-29-110. The Commission bureau shall administer Chapters 27 through 41 of this Title and it may adopt, amend, or rescind such rules and regulations, employ such persons, make such expenditures, require such reports as are not otherwise provided for in such chapters, make such investigations and take such other action as it deems necessary or suitable to that end.
Section 41-29-120. (A) The commission bureau, with the advice and aid of its advisory councils and through its appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment, to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance, to investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in times of business depression and unemployment and to promote the reemployment of unemployed workers throughout the State in every other way that may be feasible and to these ends shall carry on and publish the results of statistical surveys, investigations, and research studies.
(B) The commission bureau may require from an employing unit for the commission's bureau's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the following reports:
(1) The United States Bureau of Labor Statistics report to assign industry codes to South Carolina employers under the ES-202 Covered Employment and Wages Program;
(2) The United States Bureau of Labor Statistics report to collect employment information on multiple worksites for South Carolina employers under the ES-202 Covered Employment and Wages Program;
(3) The United States Bureau of Labor Statistics report to collect monthly employment, hours, and earnings from South Carolina employers under the BLS-790 Current Employment Statistics Program;
(4) The United States Bureau of Labor Statistics report to collect employment information from federal employers under the ES-202 Covered Employment and Wages Program;
(5) The United States Bureau of Labor Statistics report to collect occupational employment and wage information from South Carolina employers under the Occupational Employment Statistics Program.
(C) As used in this section, 'employing unit' means those entities employing more than twenty individuals.
Section 41-29-130. General and special rules may be adopted, amended or rescinded by the Commission bureau only after public hearing or opportunity to be heard thereon, of which proper notice has been given. Such notice shall be given by mail to the secretaries of the various commercial, business and trade organizations of the State who keep on file with the Commission bureau their names and addresses for the purpose of receiving such notices. General rules shall become effective ten days after filing with the Secretary of State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended or rescinded by the Commission bureau and shall become effective in the manner and at the time prescribed by the Commission bureau.
Section 41-29-140. The Commission bureau may enter into arrangements with the appropriate agencies of other states or of the Federal Government with respect to the combination of wages, viz.:
(1) The Commission bureau may enter into an agreement with the Federal Government whereby wages or services, upon the basis of which an individual may become entitled to benefits under any unemployment compensation law of the Federal Government shall be deemed to be wages for employment by employers for the purpose of Sections 41-35-10 to 41-35-100; provided, such agency of the Federal Government has agreed to reimburse the fund for such portion of benefits paid under Chapters 27 through 41 of this Title upon the basis of such wages or services as the Commission bureau finds will be fair and reasonable and the Commission bureau will reimburse such agency of the Federal Government with such reasonable portion of benefits paid under any law of the Federal Government upon the basis of employment or wages for employment by employers as the Commission bureau finds will be fair and reasonable to all affected interests.
(2) The Commission bureau shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under Chapters 27 through 41 of this Title with his wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for:
(a) Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws, and
(b) Avoiding the duplicate use of wages and employment by reason of such combining.
(3) Reimbursement so payable shall be deemed to be benefits for the purpose of Section 41-35-50 and Article 1 of Chapter 33 of this Title. The Commission bureau may make to other state or Federal agencies and receive from such state or Federal agencies reimbursements from or to the fund, in accordance with arrangements made pursuant to this section.
Section 41-29-150. Each employing unit shall keep true and accurate work records, containing such information as the Commission bureau may prescribe. Such records shall be open to inspection and be subject to being copied by the Commission bureau or its authorized representatives at any reasonable time and as often as may be necessary. The Commission bureau, or the commission, and the chairman of any appeal tribunal may require from any employing unit any sworn or unsworn report with respect to persons employed by it which he or it deems necessary for the effective administration of Chapters 27 through 41 of this Title. Information thus obtained, or obtained from an individual pursuant to the administration of such chapters, shall, except to the extent necessary for the proper administration of such chapters, be held confidential and shall not be published or be open to public inspection, other than to the public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity, but any claimant or his legal representative at a hearing before an appeal tribunal shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any employee or member of the Commission bureau who violates any provision of this section shall be fined not less than twenty dollars nor more than two hundred dollars, or imprisoned for not longer than ninety days or both.
Section 41-29-160. Except as otherwise provided in Chapters 27 through 41 of this Title information obtained from any employing unit or individual pursuant to the administration of such chapters and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.
Section 41-29-170. (A) A claimant or a claimant's legal representative must be supplied with information from the records, to the extent necessary for the proper presentation of the claim in any proceeding under Chapters 27 through 41 subject to restrictions the commission may by regulation prescribe.
(B) Upon written request the commission bureau may furnish information obtained through the administration of Chapters 27 through 42 including, but not limited to, the name, address, ordinary occupation, wages, and employment status of each covered worker or recipient of benefits and the recipient's rights to further benefits under Chapters 27 through 41, to:
(1) an agency or agent of the United States charged with the administration of public works or assistance through public employment;
(2) a state agency similarly charged; or
(3) an agency or entity to which disclosure is permitted or required by federal statute or regulation or by state law.
This disclosure must be made subject to restrictions the commission may by regulation prescribe.
(C) The State Employment Office shall furnish, upon request of a public agency administering the Temporary Assistance to Needy Families (TANF) and child support programs, a state agency administering food stamp coupons, the state or federal agency administering the new hire directory, or any public housing authority, any information in its possession relating to:
(1) individuals who are receiving, have received, or have applied for unemployment insurance;
(2) the amount of benefits being received;
(3) the current home address of these individuals;
(4) whether any offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay;
(5) in the case of requests from a public housing authority, a listing of the current employer and previous employers for the available preceding six calendar quarters;
(6) in the case of requests from the state or federal agency which issues food stamp coupons or the new hire directory, a listing of the current employer and address and any previous employers and their addresses, including wage information, for the available preceding six calendar quarters.
The requesting agency is responsible for reimbursing the South Carolina Bureau of Employment Security Commission for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible.
Section 41-29-180. The Commission bureau shall endeavor, both for the relief of the clerical work of employers and its own office, to confine reporting to the minimum necessary for the proper administration of the law, and, except for necessary separation, low earnings, special reports or notices, or wage and employment reports required under Section 41-29-140, it shall not require reports as to the earnings of individual employees more frequently than quarterly.
Section 41-29-190. In the discharge of the duties imposed by Chapters 27 through 41 of this Title the commission or any duly authorized representative thereof as designated by its rules may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of such chapters.
Section 41-29-200. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records before the commission, an appeal tribunal or any duly authorized representative of either of them or in obedience to the subpoena of either of them in any cause or proceeding before the commission or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Section 41-29-210. (1) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any court of this State or judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the commission or any duly authorized representative may issue to such person an order requiring him to appear before the commission or any duly authorized representative there to produce evidence if so ordered or to give testimony touching the matter under investigation or in question. Any failure to obey an order of the court may be punished as a contempt thereof.
(2) Any person who shall, without just cause, fail or refuse to attend and testify, to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do so in accordance with a subpoena of the commission or any duly authorized representative shall be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena shall constitute a separate offense.
Section 41-29-220. The Commission bureau may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of Chapters 27 through 41 of this Title and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Federal Internal Revenue Code.
Section 41-29-230. (1) In the administration of Chapters 27 through 41 of this Title, the Commission bureau shall cooperate with the United States Secretary of Labor to the fullest extent consistent with the provisions of such chapters, and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State and its citizens all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.
(2) In the administration of the provisions in Chapter 35, Article 3 of this Title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Commission bureau shall take such action as may be necessary (a) to ensure that the provisions are so interpreted and applied as to meet the requirements of such Federal act as interpreted by the United States Secretary of Labor, and (b) to secure to this State the full reimbursement of the Federal share of extended benefits paid under this Title that are reimbursable under the Federal act.
Section 41-29-240. The Commission bureau may make the State's record relating to the administration of Chapters 27 through 41 of this Title available to the Railroad Retirement Board and may furnish the Railroad Retirement Board, at the expense of such Board, such copies thereof as the Railroad Retirement Board deems necessary for its purposes. The Commission bureau may afford reasonable cooperation with every agency of the United States charged with the administration of an unemployment insurance law.
Section 41-29-250. The commission bureau shall cause to be printed for distribution to the public the text of Chapters 27 through 41 of this Title, the Commission's bureau's regulations, its general and special rules, its annual reports to the Governor and General Assembly and any other material the Commission bureau deems relevant and suitable and shall furnish such material to any person upon application therefor.
Section 41-29-260. Each commissioner of the Employment Security Commission may file with the official minutes or decisions his opinion or reasons for his vote on any matters arising in the administration of the commissions' responsibilities under Chapters 27 through 41 of this Title.
Section 41-29-270. Notwithstanding the provisions of Chapters 27 through 41 of this Title, the Commission bureau may issue such regulations as deemed necessary for the operation of an emergency unemployment compensation system in the event of an enemy attack which disrupts or endangers the usual procedures or facilities of the Commission bureau.
Section 41-29-280. Not later than the fifteenth day of January of each year the Commission bureau shall submit to the Governor and to the General Assembly a report covering the administration and operation of Chapters 27 through 41 of this Title during the preceding fiscal year and shall make such recommendations for amendments to such chapters as the Commission bureau deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves shall be set up by the Commission bureau in accordance with accepted actuarial principles on the basis of statistics of employment, business activity and other relevant factors for the longest possible period."
Section 41-29-290. Whenever the Commission bureau believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund it shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto."
SECTION 229. Section 41-27-30 of the 1976 Code is amended to read:
"Section 41-27-30. Nothing in Chapters 27 through 41 of this Title shall be construed to cause the Bureau of Employment Security, the Employment Security Commission, or the courts of this State in interpreting such chapters to be bound by interpretations as to liability or nonliability of employers by Federal administrative agencies, nor is it the intent of the General Assembly to require an identical coverage of employers under such chapters with that under Section 3101 et seq. of the Federal Internal Revenue Code."
SECTION 230. Section 41-27-150 of the 1976 Code is amended to read:
"Section 41-27-150. 'Base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, that in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the Commission Bureau of Employment Security under the provision of Section 41-29-140(2) the base period shall be that applicable under the law of the paying state."
SECTION 231. Section 41-27-160 of the 1976 Code is amended to read:
"Section 41-27-160. 'Benefit year' means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and thereafter the one-year period beginning with the day as of which he next files such request after the end of his last preceding 'benefit year'; provided, that in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the commission under the provisions of Section 41-29-140(2) the benefit year shall be that applicable under the law of the paying state. The filing of a notice of unemployment shall be deemed a request for determination of insured status if a current benefit year has not previously been established. Requests for determination of insured status shall be made in accordance with such regulations as the Commission Bureau of Employment Security may prescribe."
SECTION 232. Section 41-27-190 of the 1976 Code is amended to read:
"Section 41-27-190. 'Commission Bureau' means the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services."
SECTION 233. Section 41-27-210(11) of the 1976 Code is amended to read:
"(11) For purposes of paragraphs (2), (6), (7) and (8), employment shall include service which would constitute employment but for the fact that such service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into in accordance with Section 41-27-550 by the Commission Bureau of Employment Security and an agency charged with the administration of any other state or federal unemployment compensation law."
SECTION 234. Section 41-27-230(10) of the 1976 Code is amended to read:
"(10) Services not covered under Item 7 of this section and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to Chapters 27 through 41 of this Title if the individual performing such services is a resident of this State and the Commission bureau approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to Chapters 27 through 41 of this Title."
SECTION 235. Section 41-27-235(C)(2) of the 1976 Code is amended to read:
"(2) Native American tribes or tribal units that elect to pay benefits attributable to service in their employ but fail to reimburse the required payments, including interest and penalty assessments, within ninety days of the receipt of a bill, cause the Native American tribe or tribal unit to lose the option to make payments in lieu of contributions for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The commission Bureau of Employment Security shall notify the United States Internal Revenue Service and the United States Department of Labor of a tribe or tribal unit's failure to make required payments within ninety days of a final notice of delinquency."
SECTION 236. Section 41-27-260(4) and (6) of the 1976 Code are amended to read:
"(4) Service performed in the employ of the United States Government or any instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by Chapters 27 through 41 of this Title, except that to the extent that the Congress of the United States shall permit states to require instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, all of the provisions of Chapters 27 through 41 of this Title shall be applicable to such instrumentalities and to services performed for such instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers; provided, that if this State shall not be certified for any year by the Secretary of Labor or his successors under the Federal Internal Revenue Code, the payments required of such instrumentalities with respect to such year shall be refunded by the Commission Bureau of Employment Security from the funds in the same manner and within the same period as is provided in Section 41-31-360 with respect to contributions erroneously collected;
(6) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress; provided, that the Commission Bureau of Employment Security shall enter into agreements with the proper agencies under such act of Congress, which agreements shall become effective ten days after publication thereof in the manner provided in Section 41-29-130 for general rules, to provide reciprocal treatment to individuals who have after acquiring potential rights to benefits under Chapters 27 through 41 of this Title, acquired rights to unemployment compensation under such act of Congress or who have, after acquiring potential rights to unemployment compensation under such act of Congress, acquired rights to benefits under Chapters 27 through 41 of this Title;"
SECTION 237. Section 41-27-280 of the 1976 Code is amended to read:
"Section 41-27-280. 'Hospital' means an institution which has been licensed or approved by the South Carolina Department Division of Health and Environmental Control Services in the Department of Health and Human Services as a hospital."
SECTION 238. Section 41-27-360 of the 1976 Code is amended to read:
"Section 41-27-360. 'Statewide average weekly wage' means the amount computed by the Commission Bureau of Employment Security as of July first of each year which shall be the aggregate amount of wages (irrespective of the limitation on the amount of wages subject to contributions by reason of Section 41-27-380(2)) reported by employers as paid during the first four of the last six completed calendar quarters prior to such date, divided by a figure representing fifty-two times the twelve-month average of the number of employees in the pay period containing the twelfth day of each month during the same four calendar quarters as reported by such employers."
SECTION 239. Section 41-27-370(1), (3), and (4) of the 1976 Code is amended to read:
"(1) An individual is deemed 'unemployed' in any week during which he performs no services and with respect to which no wages are payable to him or in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount. The commission Bureau of Employment Security must prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the commission bureau deems necessary.
(3) No individual may be considered as unemployed in any week in which the commission finds that his unemployment is due to a vacation week with respect to which the individual is receiving or has received his regular wages. This subsection is not applicable to any claimant whose employer fails to comply, in respect to such vacation period, with the requirements of all regulations or procedures of the commission Bureau of Employment Security regarding the filing of notices, reports, information, or claims in connection with individual, group, or mass separations arising from the vacation.
(4) No individual may be considered as unemployed in any week (not to exceed two in any benefit year) in which the commission bureau finds that his unemployment is due to a vacation week which is constituted a vacation period without pay by reason of a written contract between the employer and the employees or by reason of the employer's vacation policy and practice to his employees. This provision applies only if it is found by the commission bureau that employment will be available for the claimant with the employer at the end of a vacation period as described in this section. This subsection is not applicable to any claimant whose employer fails to comply, in respect to such vacation period, with the requirements of all regulations or procedures of the commission bureau regarding the filing of notices, reports, information, or claims in connection with individual, group, or mass separations arising from the vacation."
SECTION 240. Section 41-27-390 of the 1976 Code is amended to read:
"Section 41-27-390. 'Week' means calendar week or such period of seven consecutive days as the Commission Bureau of Employment Security may by regulation prescribe. The Commission Bureau of Employment Security may likewise determine that a week shall be deemed to be 'in' 'within' or 'during' that benefit year which includes the greater part of such week."
SECTION 241. Article 5, Chapter 27, Title 41 of the 1976 Code is amended to read:
Section 41-27-510. The Commission Bureau of Employment Security shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of the individuals attached to their regular jobs and other forms of short-time work as the Commission bureau deems necessary.
Section 41-27-520. If the services performed during one half or more of any pay period by an individual for the person employing him constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one half of any such pay period by an individual for the person employing him do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment. As used in this section the term "pay-period" means a period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing him. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing him when any such service is excepted by item (8) of Section 41-27-260.
Section 41-27-530. All individuals performing services within this State for any employing unit which maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all the purposes of Chapters 27 through 41 of this Title.
Section 41-27-540. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of Chapters 27 through 41 of this Title, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.
Section 41-27-550. The Commission Bureau of Employment Security may enter into agreements with the appropriate agencies of other states or the Federal Government whereby individuals performing services in this and other States for a single employing unit under circumstances not specifically provided for in Section 41-27-230 or under similar provisions in the unemployment compensation laws of such other states shall be deemed to be engaged in employment performed entirely within this State or within one of such other states and whereby potential rights to benefits accumulative under the unemployment compensation laws of one or more states or under such law of the Federal Government or both may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Commission bureau finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund, and the Commission bureau may enter into agreements with appropriate agencies of other states or the Federal Government administering unemployment compensation laws to provide that contributions on wages for services performed by an individual in more than one state for the same employer may be paid to the appropriate agency of one state.
Section 41-27-560. No report, communication or any other such matter either oral or written from an employee or employer to the other or to the Commission Bureau of Employment Security or any of its agents, representatives or employees which shall have been written, sent, delivered or made in connection with the requirements and the administration of Chapters 27 through 41 of this Title shall be made the subject matter or basis of any suit for slander or libel in any court of the State.
Section 41-27-570. In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this Title, to test the validity of such chapters or for any other purpose connected with its duties, the Commission Bureau of Employment Security shall be made a party thereto and the Attorney General or counsel for the Commission bureau shall defend such suit in accordance with the provisions of Section 41-27-580.
Section 41-27-580. In any civil action to enforce the provisions of Chapters 27 through 41 of this Title the Commission Bureau of Employment Security and the State may be represented by any qualified attorney who is employed by the Commission bureau and is designated by it for this purpose or, at the Commission's bureau's request, by the Attorney General.
Section 41-27-590. All criminal actions for violation of any provision of Chapters 27 through 41 of this Title or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or at his request and under his direction by the solicitor of any circuit or any prosecuting attorney in any court of competent jurisdiction in the county in which the employer has a place of business or the violator resides.
Section 41-27-600. The Commission Bureau of Employment Security may compromise any civil penalty or cause or action arising under the provisions of Chapters 27 through 41 of this Title instead of commencing suit thereon and may compromise any such case after suit thereon has been commenced. In such cases the Commission bureau shall keep on file in its office the reasons for settlement by compromise, together with a statement on the amount of contribution imposed, the amount of additional contribution, penalty or interest imposed by law in consequence of neglect or delinquency and the amount actually paid in accordance with the terms of the compromise.
Section 41-27-610. The failure to do any act required by or under the provisions of Chapters 27 through 41 of this Title shall be deemed an act committed in part at the office of the Commission Bureau of Employment Security in Columbia.
Section 41-27-620. The certificate of the Commission Bureau of Employment Security to the effect that a contribution has not been paid, that a report has not been made, that information has not been furnished or that records have not been produced or made available for inspection, as required under Chapters 27 through 41 of this Title, shall be prima facie evidence thereof.
Section 41-27-630. Benefits shall be deemed to be due and payable under Chapters 27 through 41 of this Title only to the extent provided in such chapters and to the extent that moneys are available therefor to the credit of the unemployment compensation fund and neither the State nor the Commission Bureau of Employment Security shall be liable for any amount in excess of such sums.
Section 41-27-640. Notwithstanding the provisions of this act, any extension of unemployment insurance coverage to political subdivisions in this State mandated by P.L. 94-566 shall be continued in effect at the option of the governing body of the political subdivision to the extent any part of the coverage mandated in P.L. 94-566 upon state and local government is either declared unconstitutional by the Supreme Court of the United States, or is repealed by an act of Congress. If P.L. 94-566 or the federal acts it amends is stayed pendente lite as to the employees of this State or one of its cities or counties by any court of competent jurisdiction, the coverage of all employees under this law is automatically stayed."
SECTION 242. Sections 41-31-20 and 41-31-30 of the 1976 Code are amended to read:
"Section 41-31-20. The Commission Bureau of Employment Security in the Department of Health and Human Services, Division of Human Services shall maintain a separate account for each employer and shall credit the account of each with all the contributions paid on his behalf, but nothing in Chapters 27 through 41 of this Title shall be construed to grant any employer or individual in his service prior claims or rights to the amounts paid by him into the fund either on his behalf or on behalf of such individuals. Benefits paid to an eligible individual shall be charged, in the amounts provided in Chapters 27 through 41 of this Title, against the accounts of his most recent employer. No employer shall be deemed as the most recent employer for the purpose of this section unless the eligible person to whom benefits are paid shall have earned wages in the employ of the employer equal to at least eight times the weekly benefit amount of the eligible claimant.
Any two or more qualified employers in the same or a related trade, occupation, profession, or enterprise, or having a common financial interest may apply to the Commission bureau to establish a joint account or to merge their several individual accounts in a joint account. The Commission bureau shall promulgate regulations for the establishment, maintenance, and dissolution of joint accounts. A joint account shall be maintained as if it constituted a single employer's account.
The Commission bureau shall by general rules prescribe the manner in which benefits shall be charged against the accounts of several employers for whom an individual performed employment at the same time. Provided, however, in the event benefits paid to an individual are based on wages paid by one or more employers who were liable for payments in lieu of contributions and on wages paid by one or more employers who were liable for payment of contributions, the amount in benefits which shall be charged to the account of the most recent employer shall not exceed the amount of benefits which would have been paid solely by reason of the base period wages paid by employers who were liable for payment of contributions.
Nothing in this article shall be construed to limit benefits payable pursuant to Chapter 35 of this Title.
Section 41-31-30. The Commission Bureau of Employment Security shall for each calendar year classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts with a view to fixing such contribution rates as will reflect such experience. The Commission bureau shall determine the contribution rate of each employer in accordance with the requirements of Sections 41-31-20 to 41-31-80."
SECTION 243. Section 41-31-70 of the 1976 Code is amended to read:
"Section 41-31-70. If the Commission Bureau of Employment Security finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the majority stockholders into the armed forces of the United States, or any of its allies, or of the United Nations after January 1, 1951, such employer's account shall not be terminated; and, if the business is resumed and employment rendered within two years after the discharge or release from active duty in the armed forces of such person or persons, the employer's experience shall be deemed to have been continuous throughout such period. The reserve ratio of any such employer shall be the total contributions paid by such employer minus all benefits, including benefits paid to any individual during the period such employer was in the armed forces, charged against such employer's account, divided by his annual payroll for the most recent year during the whole of which such employer has been in business and has rendered employment. This provision shall not be construed to authorize cash refunds and any adjustments required hereunder shall be only by credit certificate."
SECTION 244. Sections 41-31-90 and 41-31-100 of the 1976 Code are amended to read:
"Section 41-31-90. In the event of a change of name by a corporation, without any change of ownership interest therein, the Commission Bureau of Employment Security may provide that the experience rating of the old corporation be continued by the new corporation.
Section 41-31-100. Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for the purpose of this article and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition and shall succeed to the employment benefit experience record of the predecessor. The Commission Bureau of Employment Security shall prescribe by regulation the notice to be given of such acquisition. For the purposes of Chapters 27 through 41 of this Title the term 'substantially all' shall be deemed to mean ninety-five percent or more of the business as determined by the Employment Security Commission in a particular case."
SECTION 245. Sections 41-31-120, 41-31-130, 41-31-140 of the 1976 Code are amended to read:
"Section 41-31-120. In the event that any person acquires by purchase, merger, consolidation, devise, inheritance or otherwise, a distinct, severable, identifiable and segregable part of the business of an employer and continues such an acquired part of the business of the predecessor, the successor shall succeed to that portion of the employment benefit experience record of the predecessor which is attributable solely to the portion of the business which was acquired, except that such a succession to the reserve account attributable to an identifiable portion of the business of the predecessor shall not occur unless the successor is an employer at the time of the acquisition or becomes an employer within the quarter in which the succession occurs. Provided, however, no partial transfer of any employment benefit experience record shall be made unless a request is entered therefor by both the predecessor and the successor employer. The Commission Bureau of Employment Security shall prescribe by regulation a period within which notification of such acquisition shall be given and the method by which the experience to be transferred shall be computed.
Section 41-31-130. Nothing in Sections 41-31-110 and 41-31-120 shall be construed to authorize or require the refund of any sums lawfully paid into the unemployment compensation trust fund or to use otherwise any of such sums except to pay unemployment compensation benefits. But the Commission bureau may make the necessary adjustments in conformity with the provisions of this law by deductions of future contribution payments as though such payments or assessments had been made erroneously by any person coming within the provisions of said sections.
Section 41-31-140. No transfer of experience rating accounts, in whole or in part, is permitted under the provisions of Sections 41-31-100 to 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of the transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the commission Bureau of Employment Security that the transfer cannot be allowed because of unpaid unemployment compensation taxes. If the experience rating account of the predecessor employer contains a debit balance (excess of total benefits charged over total contributions paid), the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120."
SECTION 246. Sections 41-31-160 and 41-31-170 of the 1976 Code are amended to read:
"Section 41-31-160. The commission Bureau of Employment Security shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2003, every employer with two hundred fifty or more employees and every individual or organization that, as an agent, reports wages on a total of two hundred fifty or more employees on behalf of one or more subject employers, and effective with the quarter ending March 31, 2005, every employer with one hundred or more employees and every individual or organization that, as an agent, reports wages on a total of one hundred or more employees on behalf of one or more subject employers, shall file that portion of the 'Employer Quarterly Contribution and Wage Reports' containing the employee's social security number, name, and total wages on magnetic tapes, diskettes, or electronically, in a format approved by the commission bureau. The commission bureau may waive the requirement to file using magnetic media if hardship is shown. In determining whether a hardship has been shown, the commission shall take into account, among other relevant factors, the ability of the taxpayer to comply with the filing requirement at a reasonable cost.
Section 41-31-170. The commission Bureau of Employment Security shall report annually to any employer the status of his account showing his reserve balance at the beginning of the period, total contributions he has made and total charges against it for benefits paid during the annual period, and his reserve balance at the end of such period. No employer may contest any charge against his account or the status of his account unless he makes protest within thirty days after such report has been mailed by the Commission bureau."
SECTION 247. Article 3, 5, 7, and 9 of Chapter 31, Title 41 of the 1976 Code are amended to read:
Section 41-31-310. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to Chapters 27 through 41 of this Title with respect to wages for employment. Such contributions shall become due and be paid by each employer to the commission Bureau of Employment Security for the fund in accordance with such regulations as the Commission bureau may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. Provided, however, no determination and assessment of contributions, interest, or penalties shall be made, and no action for the collection of contributions, interest, and penalties shall be instituted more than four years after the last day of the month immediately following the calendar quarter for which such contributions, interest or penalties were payable. Provided, further, that this proviso shall not apply to any employer if the Commission bureau finds that the employer willfully failed to report, when required to do so by the provisions of this law or the rules and regulations of the Commission bureau, or has knowingly made a false statement or has intentionally failed to disclose a material fact.
Section 41-31-320. As soon as practicable after a contribution report is filed, the commission Bureau of Employment Security shall examine it and compute the contribution due. If the amount so computed shall be greater than the amount theretofore paid the excess shall be paid to the Commission bureau within ten days after notice of the amount shall be mailed by the Commission bureau.
Section 41-31-330. If the Commission Bureau of Employment Security finds that an additional contribution is due, that the report was made in good faith and that the understatement of the contribution is not deliberate, no penalty shall be added because of such understatement, but the amount of the deficiency shall bear interest at the rate of one per cent for each month or fraction thereof that it remains unpaid. If the Commission bureau finds that the understatement is due to negligence on the part of the employer, but without intent to defraud, there shall be added to the amount of the deficiency, in addition to interest, ten per cent thereof. If the Commission bureau finds that the understatement is false or fraudulent, with intent to evade the payment of the contribution due, there shall be added to the amount of the deficiency, in addition to interest, one hundred per cent thereof.
Section 41-31-340. If any employing unit which has failed to make reports as required under Chapters 27 through 41 of this Title or has filed incorrect or insufficient reports and has been notified by the Commission Bureau of Employment Security of its failure and refuses or neglects within fifteen days after such notice has been mailed to it to file a proper report, the Commission bureau shall determine the amount of the wages payable for employment by such employing unit for the period for which the report is required according to its best information and belief and shall thereupon determine the amount of contribution due, if any, computing it at double the rate which would otherwise apply. The Commission bureau in such a case may allow further time, not to exceed fifteen days, for the filing of the report.
Section 41-31-350. If any employer fails to file any report as required of him under Chapters 27 through 41 of this title with respect to wages or contributions within fifteen days from the date upon which the Commission Bureau of Employment Security has mailed to him a demand for the report, the Commission bureau shall assess upon the employer a penalty of ten percent of the contributions due but no less than twenty-five nor more than one thousand dollars which is in addition to the contributions payable with respect to the report.
Section 41-31-360. If, not later than four years after the date on which any contributions or interest or employment security administrative contingency assessments became due, an employer who has paid the contributions or interest or employment security administrative contingency assessments shall make application for an adjustment in connection with subsequent contribution or employment security administrative contingency assessments payments or for a refund because the adjustment cannot be made and the commission Bureau of Employment Security shall determine that the contributions or interest or employment security administrative contingency assessments or any portion was erroneously collected, the commission bureau shall make an adjustment, without interest, in connection with subsequent contribution or employment security administrative contingency assessments payments by him or, if the adjustment cannot be made, shall refund the amount from the fund. For like cause and within the same period an adjustment or refund may be made on the commission's bureau's own initiative.
A refund or adjustment must be made in any case where the commission bureau finds that contributions or interest or employment security administrative contingency assessments were erroneously paid by an employing unit to this State upon wages earned by individuals in employment in another state. The refund or adjustment must be made upon satisfactory proof to the commission bureau that the payment of the contributions or interest or employment security administrative contingency assessments has been made to the other state.
Section 41-31-370. (1) Contributions unpaid on the date on which they are due and payable, as prescribed by the Commission Bureau of Employment Security, shall bear interest at the rate of one percent for each month or fraction thereof for which they remain unpaid but contributions as have accrued prior to the establishment of an employer's liability shall bear interest at the rate of one half of one percent a month or fraction thereof, to the date on which liability is established, unless it is found by the Commission bureau that the delay in the establishment of liability resulted from wilful negligence of the employer, and shall bear interest at the rate of one percent a month or fraction thereof for which they remain unpaid thereafter.
(2) If any employer's amount of contributions which is due and payable, as prescribed by the Commission bureau, is unpaid ten days following the date on which an assessment or debit memorandum has been issued therefor, a penalty of ten percent of the amount of contributions due and payable, not to exceed one thousand dollars, must be paid in addition to any other interest or penalty which may be applicable.
(3) The Commission bureau may, for good cause, extend the time for the filing of reports and the payment of contributions. Any person to whom the extension is granted shall pay in addition to the contribution due, interest thereon at the rate of one percent per month or fraction thereof from the due date of the contribution to the date of payment.
Section 41-31-380. The contributions, interest, penalties, employment security administrative contingency assessments, and costs prescribed in this chapter are considered taxes owing the State by the persons against whom they are charged, and are a lien upon the real property or chattels of the person by whom the contributions are due, only after the warrant described in Section 41-31-390 is indexed as prescribed in Section 41-31-400.
Section 41-31-390. (A) If an employer defaults in any payment of contributions, interest, penalties, or employment security administrative contingency assessments, the commission Bureau of Employment Security shall notify the employer of the amount of contributions, interest, penalties, or employment security administrative contingency assessments due. If the amount is not paid within ten days after notice to the employer, the Employment Security Commission shall issue a warrant of execution, directed to its authorized representative, commanding the representative to levy upon and sell the real and personal property of the employer found within that county for the payment of the amount, with interest, the cost of executing the warrant, and any reasonable costs incurred in collecting these amounts, to return the warrant to the commission and to pay it the money collected.
(B) The commission bureau may contract with a collection agency or the Department of Revenue for the purpose of collecting delinquent payments of contributions, interest, penalties, employment security administrative contingency assessments, and any other reasonable costs authorized by subsection (A).
(C) The commission bureau shall promulgate regulations to effectuate the provisions of this section.
Section 41-31-400. (A) The Employment Security Commission or its authorized representative shall file with the clerk of court of the county or counties of the State in which the employer does business a copy of the execution, and thereupon the clerk of court shall enter in his abstract of judgments the name of the employer mentioned in the warrant and in the proper columns the amount of the contributions, interest, penalties, and employment security administrative contingency assessments and costs for which the warrant is issued and the date and hour when the copy is filed and shall index the warrant upon the index of judgments. The commission or its authorized representative shall proceed upon the warrant in all respects and with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record and is entitled to the same fees for service in executing the warrant to be collected in the same manner.
(B) The powers now or hereafter conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes are incorporated herein by reference and are conferred upon the commission and its authorized representative for the collection of unpaid contributions, interest, penalties, and employment security administrative assessments and costs, mutatis mutandis.
(C) The commission Bureau of Employment Security shall promulgate regulations to effectuate the provisions of this section.
Section 41-31-410. Any clerk of court or register of deeds, as the case may be, or county treasurer shall be entitled to the fees provided in Section 14-19-100 for filing and enrolling and satisfying a tax warrant or execution issued by the Employment Security Commission.
Section 41-31-420. In the event of any distribution of any employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for the benefits of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full on the same basis as all other tax claims but on a parity with claims for wages of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. In the event of an employer's adjudication in bankruptcy or judicially confirmed extension proposal or composition under the Federal Bankruptcy Act, contributions then or thereafter due shall be entitled to such priority as is provided in that act.
Section 41-31-610. Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this article. For the purpose of this section and Section 41-31-670, a 'nonprofit organization' is an organization (or group of organizations) described in Section 501 (c) (3) of the U.S. Internal Revenue Code which is exempt from income tax under Section 501 (a) of such Code.
Section 41-31-620. Any nonprofit organization which, pursuant to item (6) of Section 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this title after December 31, 1971, shall pay contributions under provisions of Section 41-31-10 unless it elects, in accordance with this section, to pay the Commission Bureau of Employment Security for the unemployment fund an amount equal to the amount of regular benefits and one-half the extended benefits paid for any reason, including but not limited to payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in the employ of the nonprofit organization. After January 1, 1979, the State or any political subdivision or any instrumentality of the political subdivision as defined in subitem (b) of item (2) of Section 41-27-230 is required to reimburse the amount of regular benefits and all extended benefits paid for any reason, including but not limited to payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in its employ during the effective period of the elections.
(1) Any nonprofit organization which is, or becomes, subject to Chapters 27 through 41 of this title on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1972, provided, it files with the Commission bureau a written notice of its election within the thirty-day period immediately following that date.
(2) Any nonprofit organization which becomes subject to Chapters 27 through 41 of this title after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which the subjectivity begins by filing a written notice of its election with the Commission bureau not later than thirty days immediately following the date of the determination of the subjectivity.
(3) Any nonprofit organization which makes an election in accordance with item (1) or item (2) of this section will continue to be liable for payments in lieu of contributions until it files with the Commission bureau a written notice terminating its election not later than thirty days prior to the beginning of the calendar year for which the termination is first effective.
(4) Any nonprofit organization which has been paying contributions under Chapters 27 through 41 of this title for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Commission bureau not later than thirty days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election is not terminable by the organization for that and the next calendar year.
(5) The Commission bureau may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1969.
(6) The Commission bureau, in accordance with the regulations as may be prescribed, shall notify each nonprofit organization of any determination made with respect to its status as an employer and of the effective date of any election which it makes and of any termination of the election. The determinations are subject to reconsideration, appeal, and review in accordance with the provisions of item (5) of Section 41-31-630.
Section 41-31-630. Payments in lieu of contributions shall be made in accordance with the provisions of paragraphs (1) and (2) of this section.
(1) At the end of each calendar quarter the Commission Bureau of Employment Security shall bill each non-profit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of regular and extended benefits attributable to services performed in its employ.
(2) Each non-profit organization that has elected payment of benefits in lieu of contributions shall further elect for the same period to make such payments in accord with one of the following two methods:
(a) Payment of any bill rendered under paragraph (1) of this section in accordance with paragraph (3) of this section; or
(b) Payment of two per cent of the quarterly taxable payroll of the non-profit organization to the Commission bureau within thirty days after the close of each such calendar quarter. The Commission bureau shall apply such funds to the payment of bills rendered to the non-profit organization under paragraph (1) of this section. At the end of each calendar year, the Commission bureau shall determine whether the total of payments for such year made by the non-profit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such calendar year, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of all regular and extended benefits paid to individuals during such calendar year based on wages attributable to service in its employment. Each non-profit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the fund in accordance with paragraph (3) of this section. If the total payments exceed the amount so determined for the calendar year, all or a part of the excess may, at the discretion of the Commission bureau, be refunded from the fund or retained in the fund as part of the payments which may be required for the next calendar year.
(3) Payment of any bill rendered under either paragraph (2)(a) or paragraph (2)(b) of this section shall be made not later than thirty days after such bill is mailed to the last known address of the nonprofit organization or is otherwise delivered to it, unless there has been an application for review and redetermination in accordance with paragraph (5) of this section.
(4) Payments made by any nonprofit organization under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.
(5) The amount due specified in any bill from the commission bureau shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Employment Security Commission setting forth the grounds for the application. After affording the organization a reasonable opportunity for a fair hearing consonant with the provisions of Section 41-35-720, the Employment Security Commission shall by its decision make findings of fact and conclusion of law and upon the basis thereof affirm, modify, or reverse its original ruling with respect to the amount originally specified in the bill. Within fifteen days after the date upon which the decision is issued the organization may procure judicial review of the decision by commencing an action in the court of common pleas in any county in which the organization has a place of business against the commission bureau for the review of it's the commission's decision. In such action a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon a member of the commission or upon a person as the commission shall designate. With its answer the commission shall certify and file with the court all evidence and a transcript of all testimony taken in the matter together with its findings of fact and decision therein. In any judicial proceeding under this section the decision of the court shall be based upon the evidence introduced and the testimony received at the hearing before the commission. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. A petition for judicial review shall act as a supersedeas or stay of any action by the commission directed toward the collection of the amount involved in the controversy or the imposition of any penalty or forfeiture by reason of the nonpayment thereof.
(6) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Section 41-31-370, apply to past due contributions.
(7) All of the provisions of Section 41-31-360, applicable to the adjustment or refund of contributions and interest paid or collected, and not inconsistent with the provisions of this section, shall be applicable to payments in lieu of contributions and interest erroneously paid by a nonprofit organization.
(8) All of the remedies, powers and means available to the Employment Security Commission under the provisions of Sections 41-31-380, 41-31-390, 41-31-400, 41-31-410, and 41-31-420 to enforce the payment of contributions, interest, penalties and costs are applicable to the enforcement of payments in lieu of contributions and interest due under the provisions of this section, and for the purposes of this item the term "contributions" which appears in any such sections means "payment in lieu of contributions" in all particulars.
(9) In the event any governmental entity which is a covered employer under the terms of this chapter and Article 5 of Chapter 35 becomes delinquent in payments due under this chapter and Article 5 of Chapter 35, upon due notice, and upon certification of the delinquency by the South Carolina Employment Security Commission bureau to the State Treasurer or any other department or agency of the State holding funds that may be payable to the delinquent governmental entity, the amount of such delinquency shall be deducted from any such funds in the hands of the State Treasurer or other department or agency and paid to the South Carolina Employment Security Commission bureau in satisfaction of such delinquency. This remedy shall be in addition to any other collection remedies in this chapter and Article 5 of Chapter 35 or otherwise provided by law.
Section 41-31-640. The Commission Bureau of Employment Security in its discretion may adopt regulations requiring any nonprofit organization or group of organizations described in Section 41-31-660 (3) which does not possess title to real property and improvements valued in excess of two million dollars to post a surety bond, money deposit, securities, or other security as the Commission bureau may require to insure the payments in lieu of the contributions required under such election.
(1) The amount of the surety bond, money deposit, securities, or other security required by this paragraph shall bear such relationship as the Commission bureau shall determine to the organization's total wages paid for employment as defined in Section 41-27-380 for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the nonprofit organization did not pay wages in each of such four calendar quarters, the amount of the surety bond, cash deposit, securities, or other security shall be as determined by the Commission bureau.
(2) Any bond deposited under this paragraph shall be in force for a period of not less than two calendar years and shall be renewed with the approval of the Commission bureau, at such times as the Commission bureau may prescribe, but not less frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The Commission bureau shall require adjustments to be made in a previously filed bond as it deems appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within thirty days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in Section 41-31-630 (6), shall render the surety liable on such bond to the extent of the bond, as though the surety was such organization.
(3) Any deposit of money in accordance with this paragraph shall be retained by the Commission bureau in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commission bureau may deduct from the money deposited under this paragraph by a nonprofit organization to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in Section 41-31-630 (6). The Commission bureau shall require the organization within fifteen days following any deduction from a money deposit under the provisions of this subparagraph to deposit sufficient additional money to make whole the organization's deposit at the prior level. The Commission bureau may, at any time, review the adequacy of the deposit made by any organization. If, as a result of such review, it determines that an adjustment is necessary, it shall require the organization to make additional deposit within fifteen days of written notice of its determination or shall return to the organization such portion of the deposit as it no longer considers necessary, whichever action is appropriate.
Section 41-31-650. If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this section, the Commission Bureau of Employment Security may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than two calendar years beginning with the quarter in which such termination becomes effective; provided, that the Commission bureau may extend for good cause the applicable filing, deposit or adjustment period by not more than thirty days.
Section 41-31-660. Each employer that is liable for payment in lieu of contributions shall pay the Commission Bureau of Employment Security for the fund an amount equal to the amount of regular benefits and one half the extended benefits paid that are attributable to service in the employ of such employer except that after January 1, 1979, the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) shall be required to reimburse the full amount of regular and extended benefits attributable to service in its employment. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (1) or (2).
(1) If the benefits paid to an individual are based both on base period wages paid by one or more employers that are liable for contributions and on base period wages paid by one or more employers that are liable for payments in lieu of contributions, the amount payable by each employer that is liable for payments in lieu of contributions shall bear the same ratio to the sum of the amounts payable by such employers as the total base period wages paid to the individual by each employer that is liable for payments in lieu of contributions bear to the total base period wages paid to the individual by all such employers.
(2) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employer.
(3) Two or more employers that have been liable for payments in lieu of contributions, in accordance with the provisions of Section 41-31-620 may file a joint application to the Commission bureau for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this section. Upon its approval of the application, the Commission bureau shall establish a group account for such employers effective as of the beginning of the calendar quarter in which it receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the Commission bureau or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The Commission bureau shall prescribe such regulations as it deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this paragraph by members of the group and the time and manner of such payments.
Section 41-31-670. (1) Any nonprofit organization that prior to January 1, 1969, paid contributions required by Section 41-31-10 and, pursuant to Section 41-31-620, elects within thirty days after January 1, 1972, to make payments in lieu of contributions, is not required to make any such payment on account of any regular or extended benefits paid, on the basis of wages paid by the organization to individuals for weeks of unemployment which begin on or after the effective date of the election until the total amount of the benefits equals the amount of the positive balance in the experience rating account of the organization.
(2) Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's base rate thereafter may be less than two and sixty-four hundredths percent until there have been twenty-four consecutive calendar months of coverage after so becoming liable for the payment of contributions. If the employer has been an employer liable for the payment of contributions prior to election to become liable for payments in lieu of contributions, the balance in the experience rating account of the employer as of the termination date of the election to become liable for payments in lieu of contributions is transferred to the new experience rating account then established for the employer.
Section 41-31-810. Benefits paid to employees of a governmental entity as provided for by Sections 41-27-210(5), 41-27-230(2), and 41-35-10, shall be financed to the same extent, in similar manner, and by like procedure as is set out in Article 5 of this chapter with respect to the financing of benefits paid to employees of nonprofit organizations, except that the provisions of Section 41-31-640 shall not be applicable thereto, and except that for the purposes of Section 41-31-670 no governmental entity as defined in Section 41-27-230(2) may use any credit balance in its experience rating account for payment, credit, set off, or reduction of reimbursement of any amount of regular or extended benefits attributable to service in its employment.
Section 41-31-820. (A) Unemployment Compensation premiums collected from state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.
(B) Notwithstanding the amounts annually appropriated as 'Unemployment Compensation Insurance' to cover unemployment benefit claims paid to employees of the State Government who are entitled under federal law, the State Treasurer and the Comptroller General, are hereby authorized and directed to pay from the general fund of the State to the South Carolina Bureau of Employment Security Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions subject to unemployment compensation claims. The Employment Security Commission bureau must certify quarterly to the Budget and Control Board the state's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under federal law. The amount so certified must be remitted to the Employment Security Commission bureau.
Section 41-31-910. Employment security administrative contingency assessments must accrue and become payable by each employer who is subject to the assessments as defined in Section 41-27-410 for each calendar year in which he is subject to Chapters 27 through 41 of this title with respect to wages for employment. The assessments are due and payable by each subject employer to the commission Bureau of Employment Security for the employment security administrative contingency fund and are not deductible, in whole or in part, from the wages of individuals in the employer's employ. No determination and assessments may be instituted more than four years after the last day of the month immediately following the calendar quarter for which the assessments were payable. This proviso does not apply to any employer if the commission bureau finds that the employer wilfully failed to report when required to do so by the provisions of this section or the rules of the commission bureau, or has knowingly made a false statement or has intentionally failed to disclose a material fact.
Section 41-31-920. Employment security administrative contingency assessments must be reported on the employer's quarterly contribution report according to the same rules as the commission Bureau of Employment Security may prescribe for contributions.
Section 41-31-930. If any employer's amount of employment security administrative contingency assessment which is due and payable, as prescribed by the commission Bureau of Employment Security, is unpaid ten days following the date on which an assessment or debit memorandum has been issued therefor, a penalty of ten dollars may be assessed."
SECTION 248. Section 8-11-120 of the 1976 Code is amended to read:
"Section 8-11-120. (A) All state offices, agencies, departments, and other divisions and branches of the state government shall notify, at least five working days prior to the close of the application period, the Columbia Metro Job Service Office of the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services and the Recruitment Section, Division of Human Resource Management of the Budget and Control Board of a vacancy in any employment position for which recruitment will be undertaken, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270. Notification of such vacant position must include the following:
(a) the title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;
(b) the entry salary and/or salary range for the vacant position;
(c) the name of the agency where the vacant position exists;
(d) a description of the application process for the vacant position;
(e) residency requirements, if any, for the vacant position;
(f) the classification code, the slot, and the position number, if any, of the vacant position;
(g) the minimum requirements for the vacant position, as well as preferred qualifications, if any;
(h) the opening and closing dates for applying for the vacant position;
(i) a statement certifying that the employer is an equal employment opportunity/affirmative action employer;
(j) the Merit System status of the vacancy; and
(k) the normal work schedule and whether the position is full-time or part-time.
The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (k).
If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five working days, and the notice of vacancy does not have to be sent to the Bureau of Employment Security Commission or to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board.
If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency director or the director's designee waiving the posting requirement at the agency and state level.
(B) If a position classification continually is vacant an agency has an open recruitment policy for a position classification, one announcement at the beginning of each fiscal year is sufficient notification to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board and the Columbia Metro Job Service Office of the South Carolina Bureau of Employment Security Commission.
(C) The Recruitment Section, Division of Human Resource Management of the Budget and Control Board must report all filled positions to the South Carolina Bureau of Employment Security Commission."
SECTION 249. RESERVED
SECTION 250 RESERVED
SECTION 251. RESERVED
SECTION 252. Section 13-1-1710 of the 1976 Code is amended to read:
"Section 13-1-1710. There is created the Coordinating Council for Economic Development. The membership consists of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Chief of Bureau of the Employment Security Commission in the Department of Health and Human Services, Division of Human Services, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs-Economic Development Authority, the Director of the South Carolina Department of Revenue, and the Chairman of the South Carolina Research Authority. The Secretary of Commerce serves as the chairman of the coordinating council."
SECTION 253. Section 15-78-60(32) of the 1976 Code is amended to read:
"(32) a pre-occupancy housing inspection contracted for by the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services pursuant to Section 46-43-40."
SECTION 254. Section 16-17-610 of the 1976 Code is amended to read:
"Section 16-17-610. No person other than the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services shall carry on the business of emigrant agent in this State without having first obtained a license therefor from the State Treasurer and the county treasurer of each county in which he solicits emigrants. The term "emigrant agent," as used in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the State. Any person shall be entitled to State and county licenses, which shall be good for one year, upon payment into the State Treasury for the use of the State of five hundred dollars for each county in which he operates or solicits emigrants for each year so engaged and upon payment into the county treasury of each county in which he operates or solicits emigrants, for the use of each such county, of two thousand dollars for each year so engaged. Any person other than the South Carolina Bureau of Employment Security Commission doing business as an emigrant agent without having first obtained each such license shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars in case of failure to obtain a State license and one thousand dollars in case of failure to obtain a county license and not more than five thousand dollars in either such case or may be imprisoned in the county jail or, in case of failure to obtain a county license, upon the public works not less than four months or confined in the State Prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court."
SECTION 255. Section 20-7-1315(L)(6) of the 1976 Code is amended to read:
"(6) Information received by the South Carolina Bureau of 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 Bureau of 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."
SECTION 256 Section 31-3-50 of the 1976 Code is amended to read:
"Section 31-3-50. a public housing authority may obtain information from the Department of Revenue and the Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services for the purpose of assisting in verifying the eligibility of a person for any public housing program. The request for this information may be by electronic means and the request must specify the exact information requested, together with sufficient information to allow these agencies positively to identify the correct person. The authority may forward the request either to the main agency address or to a local branch and the agency shall provide an expeditious response which may be by electronic means. Where requests or responses have been made by electronic means, a written copy of the request or response must be subsequently forwarded to the appropriate party."
SECTION 257. Section 38-55-530(A) of the 1976 Code is amended to read:
"(A) 'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue; the Department of Public Safety; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Human Services; the Department of Labor, Licensing and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of South Carolina; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity."
SECTION 258. Section 40-68-120(H) of the 1976 Code is amended to read:
"(H) Licensees, within thirty days, shall notify the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services of the start and termination of the licensee's relationship with a client company."
SECTION 259. Section 41-33-710(b)(2) of the 1976 Code is amended to read:
"(2) undertake any program or activity which furthers the goal of the Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services as provided for in Chapter 42 of this title;"
SECTION 260. Sections 42-1-40 and 42-1-50 of the 1976 Code are amended to read:
"Section 42-1-40. 'Average weekly wages' means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, including the subsistence allowance paid to veteran trainees by the United States Government if the amount of the allowance is reported monthly by the trainee to his employer. 'Average weekly wage' must be calculated by taking the total wages paid for the last four quarters immediately preceding the quarter in which the injury occurred as reported on the Bureau of Employment Security Commission's in the Department of Health and Human Services, Division of Human Services Employer Contribution Reports divided by fifty-two or by the actual number of weeks for which wages were paid, whichever is less. When the employment, prior to the injury, extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, as long as results fair and just to both parties will be obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as defined in this section, regard is to be had to the average weekly amount which during the fifty-two weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.
When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.
Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed a part of his earnings.
Section 42-1-50. As used in this Title, the term "average weekly wage in this State for the preceding fiscal year" shall mean the average weekly wage for that period determined by the Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services for employment covered by the employment security compensation law."
SECTION 261. Chapter 42, Title 41 of the 1976 Code is amended to read:
Section 41-42-10. The South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services shall create a division an office to be known as the 'South Carolina State Employment Service Office' which shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of Chapters 27 through 42 of this title and for the purpose of performing such duties as are within the purview of the act of Congress, entitled 'An Act to Provide for the Establishment of a National Employment System and for Cooperation With the States in the Promotion of Such System, and for Other Purposes', approved June 6, 1933 (48 Stat. 113, U. S. Code, Title 29, Section 49(c) as amended). All duties and powers formerly conferred upon any other department, agency or officer of this State relating to the establishment, maintenance and operation of free public employment offices shall be vested in such division office.
Section 41-42-20. The division State Employment Office shall be administered by a full-time salaried director, who shall cooperate with any official or agency of the United States having powers or duties under provisions of such act of Congress and shall do and perform all things necessary to secure to this State the benefits of that act of Congress in the promotion and maintenance of a system of public employment offices. The Commission Chief of the Bureau of Employment Security shall appoint the director and other officers and employees of the State Employment Service Office. Such appointments shall be made in accordance with regulations issued under Section 41-29-90.
Section 41-42-30. The provisions of the act of Congress mentioned in Section 41-42-10 are hereby accepted by this State, in conformity with Section 4 of that act and this State will observe and comply with the requirements thereof. The South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services is hereby designated and constituted the agency of this State for the purposes of that act.
Section 41-42-40. For the purpose of establishing and maintaining free public employment offices the division State Employment Office may enter into agreement with any political subdivision of this State or with any private nonprofit organization and as a part of any such agreement the Commission Bureau of Employment Security may accept moneys, services or quarters as a contribution to the unemployment compensation administration fund."
SECTION 262. Section 46-43-40(B) of the 1976 Code is amended to read:
"(B) If adequate state funds are available, the South Carolina Bureau of Employment Security Commission in the Department of Health and Human Services, Division of Human Services shall contract to provide a pre-occupancy housing inspection program and shall report the results of any inspections to the Migrant and Seasonal Farm Workers Commission before October first of each year. However, the Migrant and Seasonal Farm Workers Commission and the South Carolina Bureau of Employment Security Commission are immune from liability, pursuant to Section 15-78-60, for any action that may be brought in connection with the inspection program."
SECTION 263. The Undersecretary of the Division of Human Services shall convene a study committee to evaluate and make recommendations to the General Assembly regarding the compensation of the commissioners on the Employment Security Commission in light of revisions to their duties and responsibilities pursuant to this act.
SECTION 264. Chapter 31, Title 43 of the 1976 Code is amended to read:
Section 43-31-10. This chapter shall be cited as 'The Vocational Rehabilitation Act of South Carolina'.
Section 43-31-20. It is hereby declared to be the policy of this State to provide rehabilitation services to the extent needed and feasible, to eligible handicapped individuals throughout the State, to the end that they may engage in useful and remunerative occupations to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this State and nation, also thereby reducing the burden of dependency on families and taxpayers.
Section 43-31-30. For the purposes of this chapter:
(1) The term "Agency Bureau" means the State Agency Bureau of Vocational Rehabilitation in the Department of Health and Human Services, Division of Human Services.
(2) The term 'Commissioner Bureau Chief' means the Commissioner Chief of the Bureau of Vocational Rehabilitation appointed by the Agency.
(3) The term 'vocational rehabilitation services' means diagnostic and related services (including transportation) incidental to the determination of eligibility for, and the nature and the scope of, services to be provided; training, guidance and placement services for physically handicapped individuals; and, in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such individual fit to engage in a remunerative occupation (including remunerative homebound work), including the following physical restoration and other goods and services:
(a) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap within a reasonable length of time;
(b) Necessary hospitalization in connection with surgery or treatment specified in paragraph (a) of this subsection;
(c) Such prosthetic devices as are essential to obtaining or retaining employment;
(d) Maintenance shall be furnished only in order to enable an individual to derive the full benefit of other vocational rehabilitation services being provided;
(e) Tools, equipment, initial stocks and supplies (including equipment and initial stocks and supplies for vending stands), books and training materials, to any or all of which the State may retain legal title; and
(f) Transportation (except where necessary in connection with determination of eligibility or nature and scope of services) and occupational licenses.
Such term also includes:
(g) The acquisition of vending stands or other equipment and initial stocks and supplies for use by severely handicapped individuals in any type of small business, the operation of which will be improved through management and supervision by the State Agency bureau; and
(h) The establishment of public and other nonprofit rehabilitation facilities to provide services for physically handicapped individuals and the establishment of public and other nonprofit workshops for the severely handicapped.
(4) The term 'physically handicapped individual' means any individual, except an individual qualifying under vocational rehabilitation of the blind, who is under a physical or mental disability which constitutes a substantial handicap to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in a remunerative occupation, and persons who are severely handicapped and who are of employable age with a physical or mental disability so handicapping as to require that they be institutionalized or have the services of an attendant in order to provide themselves with their daily living requirements.
(5) The term 'remunerative occupation' includes employment as an employee or self-employed; practice of a profession; homemaking, farm or family work for which payment is in kind rather than in cash; sheltered employment, and home industry or other homebound work of a remunerative nature.
(6) The term 'rehabilitation facility' means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:
(a) Which provides for one or more of the following types of services:
(i) testing, fitting, or training in the use of prosthetic devices,
(ii) prevocational or conditional therapy,
(iii) physical or occupational therapy,
(iv) adjustment training or
(v) evaluation or control of special disabilities; or
(b) Through which is provided an integrated program of medical, psychological, social, and vocational evaluation and services under competent professional supervision; provided, that the major portion of such evaluation and services is furnished within the facility and that all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the State.
(7) The term 'workshop' means a place where any manufacture or handiwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals who cannot be readily absorbed in the competitive labor market.
(8) The term 'nonprofit', when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1954.
(9) 'Establishment of a workshop or rehabilitation facility' means:
(a) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings necessary to adapt such buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops; and
(b) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, and initial equipment of such buildings, necessary to adapt such buildings to rehabilitation facility purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary of the Department of Health, Education, and Welfare may by regulations prescribe in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance to states in the construction of such facilities) and initial staffing thereof (for a period not exceeding one year).
(10) he term "eligible physically handicapped individual," when used with respect to diagnostic and related services, training, guidance and placement, means any physically handicapped person, except a person qualifying under vocational rehabilitation for the blind, whose vocational rehabilitation or self-care rehabilitation is determined feasible by the Commissioner director, and when used with respect to other vocational rehabilitation services means an individual meeting the above requirement who is also found by the Commissioner director to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by the way of pension, compensation and insurance.
(11) The term 'self care rehabilitation services' means such diagnostic, psychological, medical, surgical, physical restoration, guidance, training and related services including equipment and prosthetic appliances and training in their use needed to enable a severely handicapped person to dispense with or largely dispense with the need for institutional care or for the services of an attendant and to achieve, in so far as practicable, the ability for independent living.
(12) The term 'eligible' or 'eligibility' when used in relation to an individual's qualification for vocational rehabilitation services means a certification that (1) a physical or mental disability is present; (2) a substantial handicap to employment exists; and (3) vocational rehabilitation services may reasonably be expected to render the individual fit to engage in a gainful occupation.
Section 43-31-40. The Governor shall appoint a State Agency an advisory board to the Bureau of Vocational Rehabilitation to be composed of seven members, which Agency shall provide for the administration of this chapter. The members of the Agency advisory board shall consist of one member from each congressional district and one member at large. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members first appointed having been designated by the Governor to serve for terms of one, two, three, four, five, six and seven years respectively, each member of the Agency thereafter shall be appointed for a term of seven years. The terms of office shall always remain staggered so that the term of one member shall expire every year with appointments to fill unexpired terms caused by death, resignation or disability.
Section 43-31-50. The Agency advisory board shall elect a chairman and shall meet quarterly in regular session and on call by the chairman when necessary for the transaction of Agency business. Agency Bureau members shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees.
Section 43-31-60. The Agency Bureau of Vocational Rehabilitation shall provide the vocational rehabilitation services authorized by this chapter to every physically handicapped individual determined by the Commissioner director to be eligible therefor, as defined by Section 43-31-30, subsection (10), and in carrying out the purposes of this chapter, the Agency bureau is authorized, among other things:
(1) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned;
(3) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals;
(4) To enter into contractual arrangements with the Federal Government and with other authorized public agencies or persons for performance of services related to vocational rehabilitation;
(5) To contract with schools, hospitals, and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services;
(6) To take such action as may be necessary to enable the Agency bureau to apply for, accept and receive for the State and its residents the full benefits available under the Vocational Rehabilitation Act of Congress and any amendments thereto, and under any other Federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services.
The Agency bureau shall not assume responsibility for permanent custodial care of any individual and shall provide rehabilitation services only for a period long enough to accomplish the rehabilitation objective or to determine that rehabilitation is not feasible through the services which can be made available to the individual being served.
Section 43-31-70. The Agency Undersecretary of the Division of Human Services shall appoint a the Chief of the Bureau of Vocational Rehabilitation, in accordance with established personnel standards and on the basis of his education, training, experience and demonstrated ability. The Commissioner Bureau Chief shall serve as secretary and the executive officer of the Agency Bureau of Vocational Rehabilitation.
Section 43-31-80. In carrying out his duties under this chapter, the Commissioner Bureau Chief:
(1) shall, with the approval of the Agency, make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination therefor, for vocational rehabilitation and other services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this chapter;
(2) shall, with the approval of the Agency, establish appropriate subordinate administrative units;
(3) shall, with the approval of the Agency, appoint such personnel as he deems necessary for the efficient performance of the functions of the Agency bureau;
(4) shall prepare and submit to the Agency undersecretary annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) shall make certification for disbursement, in accordance with regulations, of funds available, for carrying out the purposes of this chapter;
(6) shall, with the approval of the Agency, take such other action as he deems necessary or appropriate to carry out the purposes of this chapter;
(7) may, with the approval of the Agency, delegate to any officer or employee of this Agency bureau such of his powers and duties, except the making of regulations and the appointment of personnel, as he finds necessary to carry out the purposes of this chapter.
Section 43-31-90. This chapter shall be administered under the general supervision and direction of the Agency by the Commissioner Chief of the Bureau of Vocational Rehabilitation.
Section 43-31-100. Pursuant to the policy declared in Section 43-31-20, the vocational rehabilitation services shall be provided under this chapter to persons throughout the State, and the vocational rehabilitation plan adopted pursuant to this chapter shall be in effect in all political subdivisions of the State.
Section 43-31-110. Rehabilitation services provided under the State plan shall be available to any civil employee of the United States disabled while in the performance of his duty, on the same terms and conditions as apply to other persons.
Section 43-31-120. There is created a special fund, to be known as the vocational rehabilitation fund. The fund shall consist of all moneys appropriated by this State and all moneys received from the United States or any other source for such purpose, as provided by this chapter. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as provided by law for other public funds in the State Treasury. All moneys in this fund are appropriated and made available to the Agency Bureau of Vocational Rehabilitation, and shall be expended solely for the purposes of this chapter. Any balances in the fund shall not lapse at any time but shall be continuously available to the Agency bureau for expenditure consistent with this chapter. The Agency bureau, acting through the Commissioner bureau chief, shall issue its requisition for payment of all costs of administering this chapter to the Comptroller General, who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the vocational rehabilitation fund.
Section 43-31-130. (1) The Commissioner bureau chief may, with the approval of the Agency, accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the Agency bureau chief are proper and consistent with the provisions of this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the condition of the gift.
(2) The acceptance of Federal funds and other funds, and their use for vocational rehabilitation, subject to such restrictions as may be imposed by the donor and not inconsistent with this chapter, is hereby authorized.
(3) Federal grants and donations for vocational rehabilitation services, unless otherwise restricted, shall be available for all vocational rehabilitation services provided under the State plan, and also for the purpose, whenever Federal funds are made available to the State under Section 3 of the Federal Vocational Rehabilitation Amendments of 1954, for the extension and improvement of vocational rehabilitation services, or under Section 4 of such act for projects for research, demonstrations, training and traineeships, and for the planning for and initiating expansion of vocational rehabilitation services under the State plan.
Section 43-31-140. The General Assembly shall appropriate for vocational rehabilitation such sums as are necessary, along with available Federal and other funds, to carry out the purposes of this chapter.
Section 43-31-145. As required by the Federal Vocational Rehabilitation Acts, and any amendments thereto, including rules and regulation issued pursuant to such acts, the State Agency bureau of Vocational Rehabilitation shall give full consideration to any similar benefits available to a handicapped individual, including private, group or other insurance benefits, to meet, in whole or in part, the cost of any vocational rehabilitation services prior to expenditure of public funds. To the extent that an individual is eligible for other benefits, including private, group or other insurance benefits, such benefits shall be utilized insofar as possible. Insurance carriers shall not deny payment of benefits otherwise available solely on the basis that a handicapped individual has applied for, or has been deemed eligible to receive, vocational rehabilitation services as provided by the State Agency Bureau of Vocational Rehabilitation.
Section 43-31-150 It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, communications of the State or subdivisions or agencies thereof, or acquired in the course of the performance of official duties without the written consent of each such applicant and recipient. The records, papers, files and communications shall be regarded as confidential information and privileged.
Section 43-31-160 In addition to the duties of the Department Bureau of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department bureau shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment."
SECTION 265. Chapter 25, Title 43 of the 1976 Code is amended to read:
Section 43-25-10. There is hereby created the South Carolina Commission Bureau of Services for the Blind in the Department of Health and Human Services, Division of Human Services. The Commission bureau must shall consist have an advisory board consisting of seven members, one from each of the six Congressional Districts and one from the State at large, of whom three shall have a visual acuity not to exceed 20/200. The Governor shall, with the advice and consent of the Senate, appoint the members of the Commission advisory board for terms of four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the Commission advisory board shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the Commission advisory board to be held at least once each month. The chairman may call a meeting when he deems it necessary to be held at a time to be determined by the Commission advisory board. The Commission Undersecretary of the Division of Human Services shall appoint a commissioner and such other officers as it deems necessary, none of whom shall be a member of the Commission, bureau chief and shall fix the compensation and prescribe the duties of such appointees bureau chief. The members of the Commission advisory board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards.
For purposes of this Chapter, 'Bureau' means the Bureau of Services for the Blind in the Department of Health and Human Services, Division of Human Services.
Section 43-25-20. 'Blindness' and 'severe visual disability' as criteria for acceptance for services for persons who qualify.
For purposes of this chapter, 'blindness' and 'severe visual disability' are the criteria for acceptance for services for persons who qualify.
(1) 'Blindness' is defined as that level of central visual acuity, 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees and which is sufficient to incapacitate him for self-support, or an eighty per cent loss of visual efficiency resulting from visual impairment in more than one function of the eye, including visual acuity for distance and near, visual fields, ocular, mobility, and other ocular functions and disturbances.
(2) 'Severe visual disability' is defined as any progressive pathological condition of the eye or eyes supported by acceptable eye examination, which in the opinion of the examiner may or will result in legal blindness within twenty-four months.
Section 43-25-30. The Commission Bureau of Services for the Blind shall:
(1) Promulgate rules and regulations as may be necessary to carry out the provisions of this chapter.
(2) Apply for, receive and expend moneys from all governmental agencies, both State and Federal; and accept gifts, grants, donations, devises and bequests made for providing aid to the visually handicapped, including expenses of administration. All such funds shall be paid into the State Treasury.
(3) Submit to the Governor Undersecretary of the Division of Health Services and publish an annual report showing the total amount of money disbursed, the total number of blind and visually handicapped persons who received services, and such other information as may be deemed advisable.
(4) Maintain a complete register of persons whose vision, with correcting lenses, does not exceed 20/200 which shall also include the conditions, cause of loss of sight, capacity for educational and industrial training of each, and other pertinent facts.
(5) Maintain bureaus of information and industrial aid to assist the visually handicapped in finding employment and to teach them industries which may be followed in their homes, and to assist them in whatever manner may seem advisable to the Commission in disposing of the products of their home industry.
(6) Make inquiries concerning the cause of loss of sight, learn what proportion of these cases are preventable and inaugurate and cooperate with the State in any measure as may seem wise.
(7) Cooperate with the State Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services in the adoption and enforcement of proper preventive measures.
(8) Establish, equip and maintain a center for vocational, industrial and other training and employ qualified instructors. The center shall provide for orientation and adjustment for the visually handicapped. Training in such centers shall be limited to persons deemed eligible by the Commission bureau.
(9) Supervise and control all concession stands established and operated formerly by the State Department Bureau of Social Services in the Department of Health and Human Services, Division of Human Services and all concession stands established by the Commission bureau.
(10) Have the authority to enter into contracts with owners of private property for the purpose of installing concession stands which shall be under the control of the Commission bureau.
(11) Establish, supervise and render totally operative and effective prevention of loss of sight programs using such facilities in the State as the Commission bureau may deem necessary including a mobile ophthalmological laboratory and office.
(12) Assist in the furtherance of the purposes of Sections 44-43-110 to 44-43-160 and 44-7-10.
Section 43-25-40. The Commission Bureau of Services for the Blind shall designate the procedure to be followed and shall establish a register of ophthalmologists from which the applicant may select one to conduct a competent medical examination for determining the extent of his visual handicap. The Commission bureau shall pay for such examination.
Section 43-25-50. The Commission Bureau of Services for the Blind may arrange for the examination of the eyes of visually handicapped persons and may secure and pay for medical and surgical treatment for such persons whenever in the judgment of an ophthalmologist the eyes of such person may be benefited thereby. Whenever, upon examination by an ophthalmologist any person is found to have no vision or vision with glasses which is so defective as to prevent the performance of ordinary activities for which eyesight is essential, such examining ophthalmologist shall, within thirty days, report the results of the examination to the Commission bureau.
Section 43-25-60. The Commission Bureau of Services for the Blind may employ qualified itinerant teachers to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students. The itinerant teacher shall assist the public or private school teacher by providing methods and materials for teaching such student. The State Department of Education shall report to the Commission bureau the schools having visually handicapped students. All principals or heads of private schools shall report to the Commission bureau the names of visually handicapped students in attendance.
Section 43-25-70. The Commission Bureau of Services for the Blind is empowered to operate concession stands in any State, county or municipal building and in any State park and shall negotiate with the proper agency or governing body regarding the establishment of a concession on such property. In buildings where a stand existed on May 25, 1940, the person who was then operating such a stand shall not be removed, but when such operator ceases to operate such stand the concession for further operation shall be granted to the Commission bureau. No rental or other charge shall be required by the Commission bureau for the granting of an operation permit. Any rental payment or commission bureau charged by the owner of private property for the location of such a stand shall be collected from the operator of the stand by the Commission bureau. No charge shall be made for the installation or operation of a concession stand or for the maintenance of equipment of a concession stand regardless of location.
Section 43-25-80. Any sums appropriated by the General Assembly for treatment and training of the visually handicapped shall be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped and shall be used to carry out the particular purpose assigned to it.
Section 43-25-90. Every person aggrieved by an action of the Commission Bureau of Services for the Blind shall be granted, upon request, a hearing before a hearing officer assigned by the Commission bureau. The hearing officer shall not be a member of the Commission bureau. The hearing officer shall have authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission bureau for the blind. The Commission bureau shall hold a hearing on the matter which shall be attended by at least three members. An appeal may be taken from the decision of the Commission bureau to the court of common pleas for the county where the appellant resides and the matter shall be heard de novo in the court as a matter of equity. The appellant shall, within ten days after notice of the decision of the Commission bureau, serve notice of appeal upon the chairman of the Commission bureau, stating grounds upon which the appeal is founded and file such notice with the clerk of court to which such appeal is taken. Such appeal shall act as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial.
Section 43-25-100. The powers and duties of the Division for the Blind of the State Department of Social Services including, but not limited to, the distribution of talking book machines, vocational rehabilitation and other special services for the visually handicapped except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be devolved upon the South Carolina Commission Bureau of Services for the Blind."
SECTION 266. Chapter 47, Title 59 of the 1976 Code is amended to read:
Section 59-47-10. (A) There is established the South Carolina School for the Deaf and Blind in the Department of Health and Human Services, Division of Human Services, Bureau of Enhanced Educational Services.
(B) The board of commissioners of the South Carolina School for the Deaf and the Blind shall consist has an advisory board of ten members appointed by the Governor for terms of six years and until their successors are appointed and qualify. Each congressional district must be represented by one board member, who must be a resident of that district, and four members must be appointed at large from the State. Of the members appointed at large, one must be deaf, one must be blind, one must represent the interests of persons with multiple handicaps, and one shall represent the general public. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. The State Superintendent of Education and the executive officer of the Department of Health and Environmental Control Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services are ex officio members of the board.
Section 59-47-20. The advisory board shall receive no compensation for its services. It shall be allowed actual expenses, to be paid by the superintendent of the school.
Section 59-47-30. The board of commissioners Chief of the Bureau of Enhanced Educational Services shall employ a director of the school who is vested with the supervision and control of the affairs and government of said the school, with power to regulate salaries of officers and teachers, to establish conditions, forms and regulations for the admission of pupils therein and to prescribe such rules and bylaws as in its his judgment shall be necessary for the management and good government thereof.
Section 59-47-40. The advisory board of commissioners shall elect a chairman, vice chairman and secretary from their number and shall meet annually at the institution and at such other times and places as the chairman of the board shall direct.
Section 59-47-50. The president director of the school shall be elected by the board of commissioners and shall be the immediate executive head of the school. He shall be responsible to the board of commissioners bureau chief.
Section 59-47-60. The president shall nominate all his subordinate officers and director of the school shall hire all teachers and employees, subject to the approval of the board of commissioners bureau chief. He shall be the official medium of communication between the board bureau chief and the subordinate officers teachers and employees, shall make all regulations of internal policy, shall authorize the purchase of ordinary supplies and shall examine and certify to the correctness of all bills of such supplies.
Section 59-47-70. All deaf, hard of hearing, blind, and visually impaired persons of the State who are eligible, each case to be decided reviewed by the advisory board of commissioners and finally decided by the director of the director, must be admitted to the benefits of the school.
Section 59-47-80. The whole or part of the expenses of the several applicants shall be paid, according to the opinion which the commissioners may form as to the pecuniary condition of the applicants. In case there are more applicants than would exhaust the annual appropriation, the commissioners shall make selection according to their opinion of the deserts of the various applicants.
Section 59-47-90. Pursuant to the authority of Section 59-47-80, the board of commissioners director of the school shall establish a maintenance fee schedule to be charged students attending the school. Such schedule may, in the discretion of the board director, be graduated in accordance with the financial resources and income of the parent or guardian of the student concerned, or may be excused entirely in proper cases. Failure to pay maintenance fees in accordance with the schedule prescribed by the board director may result in the discharge of a student from the school when the board director determines that payment of fees would not be an unreasonable burden upon those persons obligated to pay such fees. All funds collected as maintenance fees, including any such fees collected prior to July 1 1970, shall be remitted to the State Treasurer for deposit in a special fund to be used for capital improvements at the school.
Section 59-47-100. The board of commissioners director of the school, with the approval of the bureau chief shall draw the annual appropriations as made by the General Assembly for the support and maintenance of said school and shall annually report to the General Assembly an exact statement of their various acts and doings during the past year, showing exactly how they disbursed the money received and expended, the names of the persons who have received the bounty, the ages and places of residence of such persons and information as to their progress. Vouchers covering all such disbursements shall be filed in the office of the Comptroller General.
Section 59-47-110. (1) The board of commissioners of the South Carolina Director of the School for the Deaf and the Blind is hereby empowered to employ campus police to police the buildings and grounds of the school. Such campus police shall work under the supervision of the South Carolina Law Enforcement Division, and shall not enter into such employment unless and until they have been appointed Governor's constables with general authority as peace officers.
(2) All traffic laws of the State shall be in full force and effect on the streets and roads of the school, whether such streets and roads are deemed public or private.
(3) The board is hereby director is empowered to promulgate reasonable additional rules and regulations relating to vehicular traffic within the grounds of the school including, but not limited to, parking of vehicles and reduced vehicular speeds, notwithstanding any other provision of law; and to provide penalties for the violation thereof, not to exceed a fine of one hundred dollars; and such rules and regulations, when duly promulgated, shall have the full force and effect of law and violations thereof shall be triable in magistrate's court.
Section 59-47-120. (A) Teaching or clinical staff employed by the school who attend advanced training paid for by the school may be required to enter a contract with the school to remain in the employment of the school for a minimum of one year beyond completion of the training. If an employee breaches this contract, the employee shall reimburse the school for all expenses incurred by the school in providing this training for the employee.
(B) For purposes of this section, "advanced training" means an educational course or program as defined by the school in regulation.
Section 59-47-130. July 1, 2004 powers and duties of the Board of Commissioners of the South Carolina School for the Deaf and Blind are devolved upon and all property, real and personal, held by the board of commissioners is transferred to the South Carolina School for the Deaf and Blind in the Department of Health and Human Services, Division of Human Services, Bureau of Enhanced Educational Services."
SECTION 267. Chapter 49, Title 59 of the 1976 Code is amended to read:
Section 59-49-10. There is hereby established under the provisions of this chapter an institution to be known as the John De La Howe School in the Department of Health and Humans Services, Human Services, Bureau of Enhanced Educational Services.
Section 59-49-20. The business, property, and affairs of the John De La Howe school must be under the control of a has an advisory board of trustees, consisting of nine members, appointed by the Governor, subject to confirmation by the Senate. The terms of the members of the advisory board must be for terms of five years. Appointments to fill vacancies must be for the remainder of the terms in the same manner of original appointments.
Section 59-49-30. The members of the advisory board may at any time be removed by the Governor for good cause. The failure of any member of the board to attend at least one meeting thereof in any year, unless excused by formal vote of the board, may be construed by the Governor as the resignation of such nonattending member.
Section 59-49-40. The said advisory board shall meet quarterly and oftener more often as may be required, at least one meeting each year being held at the school.
Section 59-49-60. All members of the advisory board shall receive per diem and mileage as provided by law for members of state boards, committees, and commissions.
Section 59-49-70. The John De La Howe School is hereby declared to be a body corporate and, as such, may sue and be sued and plead and be impleaded in its corporate name, may have and use a proper seal, which it may alter at its pleasure and may acquire by purchase, deed, devise, lease for a term of years, bequest or otherwise such property, real and personal, in fee simple without limitations as may be necessary or proper for carrying out the purposes of its organization as herein declared.
Section 59-49-80. The board Chief of the Bureau of Enhanced Educational Services shall elect employ a superintendent director for said the school at such salary and for such term as it the bureau chief may fix. The superintendent bureau chief shall employ and discharge all employees of the school, subject to the approval of the board bureau chief.
Section 59-49-90. All of the members of the advisory board and the superintendent director of the school shall, before entering upon the discharge of their duties, take an oath faithfully to perform any and all duties imposed upon them under this chapter. The superintendent director shall execute a bond payable to the State in such sum as shall be required by the board bureau chief, with sufficient security, which shall be filed in the office of the Secretary of State.
Section 59-49-100. It is declared to be the purpose and policy of the State to maintain and develop the school property in accordance with the purposes of the will of Dr. John De La Howe as interpreted by the Supreme Court of South Carolina, Mars v. Gibert, 93 SC 455, which for historical reference reads: 'First, the establishment and maintenance of an agricultural and mechanical school as an institution in Abbeville County, stimulating and improving the industrial life of the entire community; second, the training, free of charge, of twenty-four boys and girls, not as college men and women, but in the beginning of school life; and, third, the like training of the children of the neighborhood not supported by the fund.' It is declared that the term 'Abbeville County' shall be understood to mean that portion of South Carolina known as Abbeville County at the time the will of Dr. John De La Howe was dated, namely January 2, 1797. The property is now in McCormick County. It is further declared that, given the above historical perspective, the Board of Trustees of John De La Howe School shall instruct the Superintendent director of the school to implement programs which shall meet the needs of children from all of South Carolina who for some urgent reason need to be separated from their home or community.
Section 59-49-110. The trustees of the John De La Howe School may carry out improved forestry and farm practices on the timber holdings and farmland of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and farmlands and for other school purposes.
Section 59-49-120. All of the money in the hands of trustees of the estate of Dr. John De La Howe shall by them be delivered to the board of trustees director created by this chapter when so requested to do by the board of trustees director. All amounts received from said estate and its operation shall be appropriated for the support and development of the school, in the discretion of the board of trustees director.
Section 59-49-130. The John De La Howe School may use all moneys received by it through condemnation or otherwise for land and other properties of the school used in connection with the development of what is known as the Clark's Hill Project or for the development of any other similar project in the construction, erection and building of permanent improvements of and for the school and for the equipping of such improvements.
Section 59-49-140. In accordance with the purposes of the school as herein defined the board of trustees director shall make such rules and regulations for its own government and for the management of the school as it may deem necessary, consistent with the laws of this State and with the terms of the will of Dr. John De La Howe.
Section 59-49-150. Pupils at the school whose estates are sufficient or the relatives of the pupils liable in law for their support whose estates are sufficient shall pay for the maintenance of the pupils in whole or in part. Policies concerning the manner and method of determining financial ability and the collecting and retention of amounts required to be paid must be determined by the Board of Trustees director, in accordance with state policy.
Section 59-49-160. July 1, 2004 powers and duties of the Board of Trustees of the John De La Howe School are devolved upon and all property, real and personal, held by the board of trustees are transferred to the John De Le Howe School Jin the Department of Health and Human Services, Bureau of Enhanced Educational Services."
SECTION 268. Chapter 51, Title 59 of the 1976 Code is amended to read:
Section 59-51-10. The Wil Lou Gray Opportunity School is established in the Department of Health and Human Services, Division of Health and Human Services, Bureau of Enhanced Educational Services and must be located in Lexington County on the property formerly occupied by the Army Air Force and known as the Columbia Air Base, which property the State received by quitclaim deed in September 1947 for the joint use of the Opportunity School and the South Carolina Trade School.
Section 59-51-20. The school shall:
(1) serve as an alternative school cooperating with other agencies and organizations;
(2) provide training for persons interested in continuing their elementary or high school education or in taking refresher courses preparatory to college, with emphasis on personal development, vocational efficiency, and effective citizenship;
(3) disseminate information concerning practices that have proven to be effective in working with its students; and
(4) cooperate with the vocational rehabilitation department in providing personal and social adjustment and prevocational and vocational courses for persons with disabilities.
Section 59-51-30. The Opportunity School is under the management and control of a has an advisory board of fourteen trustees members, twelve of whom must be elected by the General Assembly. The trustees members so elected must be citizens of the State who are interested in the aims and ambitions of the school. The thirteenth member is the State Superintendent of Education, who shall serve ex officio. The fourteenth member is the Governor who is a member of the board, ex officio. Members of the board who are elected by the General Assembly shall serve for terms of four years and until their successors are elected and qualify. The board shall elect a chairman, vice-chairman, secretary, and treasurer. In case a vacancy occurs on the board among the elected members for any reason other than expiration of a term when the General Assembly is not in session, the Governor may fill it by appointment until the next session of the General Assembly at which time a successor must be elected for the remainder of the unexpired term. Elections to fill vacancies which are caused for any reason other than expiration of a term may be held earlier than the first day of April of the year the vacancy is filled.
A quorum of the board is seven members.
Section 59-51-40. The board of trustees school is a body politic, under the name and style of the Wil Lou Gray Opportunity School. It shall have a seal, which it may change at its discretion, and in its name it may contract for, purchase, and hold property for the purposes provided for in this chapter. It may take any property or money given or conveyed by deed, devised, or bequeathed to the school, and hold it for its benefit and use. The conditions of the gifts or conveyances in no case may be inconsistent with the purposes of the school, and the board school may not by the acceptance thereof incur any obligation on the part of the State. It shall securely invest all funds and keep all property which may come into its possession. It may sue and be sued in its name and may do all things necessary to carry out the provisions of this chapter.
Section 59-51-50. The board of trustees Chief of the Bureau of Enhanced Educational Services shall employ a director who shall serve under conditions as prescribed by the board bureau chief. The director shall recommend and employ all personnel, as approved by the board of trustees bureau chief, and shall define their duties. The director shall prescribe the courses of study and make all rules and regulations for the government of the school, within board policy, and is responsible for its operation and management within the limitations of appropriations provided by the General Assembly.
Section 59-51-60. July 1, 2004 powers and duties of the Board of Trustees of the Wil Lou Gray Opportunity School are devolved upon and all property, real and personal, held by the board of trustees are transferred to the Wil Lou Gray Opportunity School in the Department of Health and Human Services, Division of Human Services, Bureau of Enhanced Educational Services."
SECTION 269. 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 270. 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 the 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 not be construed to provide for subpoena authority."
SECTION 271. 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 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 or serving on a board is in violation of subsection (A)(1). The division bureau may not be charged by the Department Bureau of Social Services for these records checks."
SECTION 272. Section 20-7-121 of the 1976 Code is amended to read:
"Section 20-7-121. There is created the South Carolina Bureau of Guardian ad Litem Program Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination 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 Office of the Governor."
SECTION 273. 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 274. 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 and Managed Treatment Services 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 275. 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 276. 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 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 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 277. 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 Bureau' or 'Bureau of Childcare Regulation' means the State Department of Social Services Bureau of Childcare Regulation in the Department of Health and Humans Services, Division of Advocacy and Service Coordination, 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.
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 of Social Services Bureau of Childcare Regulation 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 Children's Case Resolutions 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 Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Bureau of Behavioral Health 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, 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 overenrollment, 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Bureau of Children's Case Resolutions Services may 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 bureau may 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 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, 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 Children's Case Resolutions 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 Bureau of Health Programs in the Department of Health and Human Services, Division of Health Services, 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 Children's Case Resolutions 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 for licensing, approval, or statement of registration within six months of June 13, 1977. The department 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 20-7-3090. 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 Children's Case Resolutions 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 Childcare Regulation 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 Children's Case Resolutions 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 278. 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 Health and Human Services, Division of Advocacy and Service Coordination, 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 279. 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 Program of the Department Office of Disabilities and Special Needs. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, in the Bureau of the Developmental Disabilities Council, Department of Health and Human Services, Division of Advocacy and Service Coordination, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Director of the State Department Office of Mental Health, the Commissioner Chief of the Department Office of Vocational Rehabilitation, the State Director of the State Department Office of Disabilities and Special Needs, the Director Chief of the South Carolina Department Bureau of Health and Environmental Control Programs, 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 280. Section 44-38-380(A)(1)(e) of the 1976 Code is amended to read:
"(e) Director Chairman of the South Carolina Bureau of the Developmental Disabilities Council in the Department of Health and Human Services, Division of Advocacy and Service Coordination."
SECTION 281. Section 43-33-340(8) of the 1976 Code is amended to read:
"(8) 'Ombudsman Bureau Services' means the office provided for pursuant to Section 43-38-10 et. seq. Bureau of Ombudsman Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination."
SECTION 282. Section 43-33-370(4) of the 1976 Code is amended to read:
"(4) Refer a complaint to the Bureau of Ombudsman Services, law enforcement agencies or any other public or private programs or facilities, as it deems appropriate."
SECTION 283. 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) 'Bureau of Ombudsman Services' or 'ombudsman' means the Bureau of Ombudsman Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination.
Section 43-38-20. The Long Term Care Bureau of 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 Bureau of 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 Long Term Care Bureau of Ombudsman Program Services may designate entities in accordance with the federal Older Americans Act."
SECTION 284. 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 Bureau of Ombudsman Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination. 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 285. Section 44-77-40(A)(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 Bureau of Ombudsman, Office of the Governor, Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination 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 286. 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 Bureau of Ombudsman, Office of the Governor Services in the Department of Health and Human Services, Division of Advocacy and Service Coordination.
____________________
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 1. Section 1-1-110 of the 1976 Code, as last amended by Section 2, Act 181 of 1993, is further amended to read:
"Section 1-1-110. The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor, and Lieutenant Governor, the Secretary of State, the State Treasurer, the and Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."
SECTION 2. Section 1-1-120 of the 1976 Code is amended to read:
"Section 1-1-120. In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, or Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy."
SECTION 3. Section 1-1-1210 of the 1976 Code, as last amended by Section 9, Part II, Act 189 of 1989, is further amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
SECTION 4. Section 1-7-110 of the 1976 Code is amended to read:
"Section 1-7-110. He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other elected or appointed state officer or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business."
SECTION 5. Section 1-9-30 of the 1976 Code is amended to read:
"Section 1-9-30. In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, President pro tempore of the Senate, and the Speaker of the House of Representatives be for any of the reasons specified in the Constitution not able to exercise the powers and discharge the duties of the office of Governor, or be unavailable, the Secretary of State, State Treasurer or Attorney General shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Governor."
SECTION 6. The amendment to Sections 1-1-120 and 1-1-1210 of the 1976 Code in this Part are effective after the end of the term of the Secretary of State elected in November 2002.
SECTION 7. Section 7-1-20(7) and (15) of the 1976 Code, as last amended by Act 346 of 1986, are further amended to read:
"(7) 'Political party' means a political party, organization, or association certified as such by the State Election Commission Division of Elections in the manner provided for in this title;
(15) 'Voter', 'Registered voter', 'Elector', 'Registered elector', 'Qualified elector', or 'Qualified registered elector' means any person whose name is contained on the active roster of voters maintained by the State Election Commission Division of Elections and whose name has not been removed from the roster for any of the reasons named in items (2) and (3) of subsection (C) of Section 7-3-20 and who possesses a valid registration certificate."
SECTION 8. Section 7-3-20 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-3-20. (A) The State Election Commission Secretary of State shall elect appoint an executive director who shall be is directly responsible to the Commission Secretary of State and who shall serve at the pleasure of the Commission Secretary of State. The executive director shall be is the chief administrative officer for the State Election Commission Division of Elections.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission Secretary of State, as may be provided by law.
(C) The executive director shall:
(1) maintain a complete master file of all qualified electors by county and by precincts;
(2) delete the name of any elector
(a) who is deceased,
(b) who is no longer qualified to vote in the precinct where currently registered,
(c) who has been convicted of a disqualifying crime,
(d) who is otherwise no longer qualified to vote as may be provided by law, or
(e) who requests in writing that his name be removed;
(3) enter names on the master file as they are reported by the county registration boards;
(4) furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(5) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission Secretary of State;
(7) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned him by the State Election Commission Secretary of State;
(10) furnish at reasonable price any precinct lists to a qualified elector requesting them; and
(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993."
SECTION 9. Section 7-3-30 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-3-30. (a) The executive director shall notify by mail each elector at the address last filed in the office, whose name has been deleted. The notice shall state the reason for the deletion and inform the elector of his right to appeal to the county board of registration and the time in which to perfect such appeal. A copy of such notice shall be forwarded to the appropriate county board of registration.
(b) Each elector whose name has been deleted has twenty days from the date the notice is mailed to appeal. The appeal must be to the county board of registration from whose master file the deletion has been made. If the board determines that the elector's name should not have been deleted, it shall instruct the central registration office to restore his name to the registration books; however, if the deletion is for conviction, the appeal must be to the Executive Director of the State Election Commission Division of Elections."
SECTION 10. Section 7-3-40 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-3-40. The Bureau of Vital Statistics must furnish the executive director a monthly report of all persons eighteen years of age or older who have died in the State since making the previous report. All reports must contain the name of the deceased, county of residence, his social security or other identification number, and his date and place of birth. The bureau must provide that this information be furnished to it by each county."
SECTION 11. Section 7-3-50 of the 1976 Code, as last amended by Act 510 of 1984, is further amended to read:
"Section 7-3-50. Each county board of registration must furnish the executive director information as may be requested by him concerning each registered elector by the fifteenth day of each month and within five days after closing of the books prior to an election."
SECTION 12. Section 7-3-60 of the 1976 Code, as last amended by Act 289 of 1984, is further amended to read:
"Section 7-3-60. The clerks of the courts of common pleas and general sessions and every magistrate in the State must, annually on or before June first, make out under their respective hands and seals and report to the executive director a complete list as shown by the records of their respective offices for the preceding calendar year of all persons convicted in that year of felonies or crimes against the election laws, together with the social security or identification numbers of these persons and the month of conviction. Where there is no person to be reported, the report shall so state. Any clerk of the court or magistrate who fails or neglects to make any report required by this section must forfeit and pay to the county in which he holds office the sum of fifty dollars for each failure or neglect to make the report."
SECTION 13. 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 notify the State Election Commission Division of Elections 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 division. 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 14. Section 7-5-35 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-35. If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
Commissioners and such staff as designated by the commission must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission Division of Elections. Following initial certification, each commission member and staff person designated by the commission must take at least one training course each year."
SECTION 15. Section 7-5-125 of the 1976 Code, as added by Act 507 of 1988, is amended to read:
"Section 7-5-125. Any person who applies for registration to vote and is found to be qualified by the county board of registration to whom application is made must be issued a written notification of registration. This notification must be on a form prescribed and provided by the State Election Commission Division of Elections."
SECTION 16. Section 7-5-155 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-5-155. (a) Notwithstanding any other provision of law, the following procedures may be used in the registration of electors in addition to the procedure otherwise provided by law.
(1) Subject to the provision of Section 7-5-150, any qualified citizen may register to vote by mailing or having delivered a completed state registration by mail application form or a completed national registration by mail application form prescribed by the Federal Election Commission not later than thirty days before any election to his registration board. The postmark date of a mailed application is considered the date of mailing. If the postmark date is missing or illegible, the county board of voter registration must accept the application if it is received by mail no later than five days after the close of the registration books before any election.
(2) If the registration board determines that the applicant is qualified and his application is legible and complete, the registration board shall mail the voter written notification of approval on a form to be prescribed and provided by the State Election Commission Division of Elections pursuant to Section 7-5-180. When the county board of registration mails the written notification of approval, it must do so without requiring the elector to sign anything in the presence of a member of the board, a deputy member, or a registration clerk, and the attestation of the elector's signature is not required so long as the conditions set forth above are met.
(3) Any application must be rejected for any of the following reasons:
(i) any portion of the application is not complete;
(ii) any portion of the application is illegible in the opinion of a member and the clerk of the board;
(iii) the board is unable to determine, from the address stated on the application, the precinct in which the voter should be assigned or the election districts in which he is entitled to vote.
(4) Any person whose application is rejected must be notified of the rejection together with the reason for rejection. The applicant must further be informed that he still has a right to register by appearing in person before the board of registration or by submitting the information by mail necessary to correct his rejected application. The form for notifying applicants of rejection must be prescribed and provided by the State Election Commission division pursuant to Section 7-5-180.
(b) Every application for registration by mail shall contain spaces for the home and work telephone numbers of the applicant and the applicant shall enter the numbers on the application where applicable.
(c) The State Election Commission division shall furnish a sufficient number of application forms to the county boards of voter registration and voter registration agencies specified in Section 7-5-310(B) so that distribution of the application forms may be made to various locations throughout the counties and mailed to persons requesting them.
County boards of registration shall distribute application forms to various locations in their respective counties, including city halls and public libraries, where they must be readily available to the public.
(d) The original applications must remain on file in the office of the county board of registration.
(e) The State Election Commission division may promulgate regulations to implement the provisions of this section."
SECTION 17. Section 7-5-170(2) of the 1976 Code, as last amended by Act 510 of 1984, is further amended to read:
"(2) Form of application. -- The application must be on a form prescribed and provided by the executive director and shall contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, and location of prior voter registration. The applicant must affirm that he is not under a court order declaring him mentally incompetent, confined in any public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must take the following oath: 'I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' Any applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense."
SECTION 18. Section 7-5-180 of the 1976 Code, as last amended by Act 408 of 1996, is further amended to read:
"Section 7-5-180. Except as otherwise provided by law, a person who has not attained the age of eighteen years before the closing of the books of registration preceding any election, including presidential primary elections, but attains that age before the next ensuing election appears before the board of registration and makes application for registration, under oath as to the facts above stated entitling a person to registration, the board shall register the applicant, if he is otherwise qualified. Any person not laboring under the disabilities named in the Constitution and in Section 7-5-120 and whose qualification as an elector is completed after the closing of the registration books, but before the next ensuing election, has the right to apply for and secure registration at any time within one hundred twenty days immediately preceding the closing of the books for the election or for the primary election preceding the election. Written notification of approval or rejection must be issued personally or mailed by the board to each applicant on a form to be prescribed and provided by the State Election Commission Division of Elections. The decision of the board of registration may be appealed as provided by Section 7-5-230."
SECTION 19. Section 7-5-280 of the 1976 Code, as last amended by Act 510 of 1984, is further amended to read:
"Section 7-5-280. The applications provided for in this article as well as all other forms necessary for registration, must be furnished to each county by the State Election Commission Division of Elections."
SECTION 20. Section 7-5-310(F)(2)(a)(v) of the 1976 Code, as added by Act 466 of 1996, is amended to read:
"(v) the statement, 'If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Election Commission Division of Elections.' The name, address, and telephone number of the Executive Director of the State Election Commission Division of Elections must be printed on the form; and"
SECTION 21. A. Section 7-5-330(E)(2) of the 1976 Code, as added by Act 466 of 1996, is amended to read:
"(2) If the notice sent pursuant to the provisions of subitem (a) of this item is returned to the board of voter registration as undeliverable, the elector to whom it was sent must be reported by the board to the State Election Commission Division of Elections. The State Election Commission division must place the elector in an inactive status on the master file and may remove this elector upon compliance with the provisions of Section 7-5-330(F)."
B. Section 7-5-330(F)(1) of the 1976 Code, as added by Act 466 of 1996, is amended to read:
"(1) The State Election Commission Division of Elections may not remove the name of a qualified elector from the official list of eligible voters on the ground that the qualified elector has changed residence unless the qualified elector:
(a) confirms in writing that the qualified elector has changed residence to a place outside the county in which the qualified elector is registered; or
(b)(i) has failed to respond to a notice described in item (2); and
(ii) has not voted or appeared to vote and, if necessary, correct the county board of voter registration's record of the qualified elector's address, in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice."
SECTION 22. Section 7-5-340 of the 1976 Code, as added by Act 466 of 1996, is amended to read:
"Section 7-5-340. The State Election Commission Division of Elections shall:
(1) ensure that the name of a qualified elector may not be removed from the official list of eligible voters except:
(a) at the request of the qualified elector;
(b) if the elector is adjudicated mentally incompetent by a court of competent jurisdiction; or
(c) as provided under item (2);
(2) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of:
(a) the death of the qualified elector; or
(b) a change in the residence of the qualified elector;
(3) inform applicants under Sections 7-5-155, 7-5-310, and 7-5-320 of:
(a) voter eligibility requirements; and
(b) penalties provided by law for submission of a false voter registration application;
(4) complete, no later than ninety days before the date of a statewide primary or general election, a program to systematically remove the names of ineligible voters from the official lists of eligible voters in compliance with the provisions of Section 7-5-330(F); this subitem may not be construed to preclude:
(a) the removal of names from official lists of voters on a basis described in items (1) and (2); or
(b) correction of registration records pursuant to this article."
SECTION 23. Section 7-5-470 of the 1976 Code is amended to read:
"Section 7-5-470. The board of registration may divide the registration books into as many separate sections as shall be directed by the county committee of any political party, the cost of such additional separate section or sections to be borne by such county committee. The books constituting a separate section or sections shall first be approved by the State Election Commission Division of Elections."
SECTION 24. Section 7-5-660 of the 1976 Code, as last amended by Act 290 of 1984, is further amended to read:
"Section 7-5-660. The Executive Director of the State Election Commission Division of Elections must, along with the county board of registration in each county, prepare duplicate sets of books of registration for each ward or each precinct, showing the duly registered electors, according to the county registration books, living in each particular ward or precinct in the municipality."
SECTION 25. Chapter 7, Title 7 of the 1976 Code is amended to read:
Section 7-7-10. For the purpose of holding any general, primary, or special election in this State, the voting precincts and voting places in the several counties of the State shall be designated, fixed, and established by the General Assembly. Nothing in this chapter prohibits a county election commission from establishing multiple polling places within a precinct, provided that voters are assigned to these polling places alphabetically or geographically as determined by the county election commission and approved by a majority of that county's legislative delegation. A voter must be notified in writing of his transfer to a new polling place and the location of the new polling place.
Section 7-7-15. When a polling place established by statute or ordinance or by an entity allowed by law to establish polling places is changed the entity charged with conducting elections at the polling place shall post at the time of the first election held after the change a notice on or next to the door of the entrance of the previous polling place stating in printing with letters large enough to be read easily by a person with normal vision from a distance of at least twenty feet the location of the new polling place and the address and telephone number of the entity in charge of the conduct of the election.
Section 7-7-30. (A) In Abbeville County there are the following voting precincts:
Abbeville No. 1;
Abbeville No. 2;
Abbeville No. 3;
Abbeville No. 4;
Antreville;
Broadmouth;
Calhoun Falls;
Cold Springs;
Donalds;
Due West;
Hall's Store;
Keowee;
Lowndesville;
Lebanon.
(B) The precinct lines defining the above precincts are as shown on map document P-0195 and filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
(C) The polling places for the voting precincts in Abbeville County must be determined by the Abbeville County Election Commission with the approval of a majority of the Abbeville County Legislative Delegation.
Section 7-7-40. (A) In Aiken County there are the following voting precincts:
(1) Aiken #1
(2) Aiken #2
(3) Aiken #3
(4) Aiken #4
(5) Aiken #5
(6) Aiken #6
(7) Aiken #47
(8) Anderson Pond #69
(9) Ascauga Lake
(10) Bath
(11) Beech Island
(12) Belvedere #9
(13) Belvedere #44
(14) Belvedere #62
(15) Breezy Hill
(16) Carolina Heights
(17) Cedar Creek #64
(18) China Springs
(19) Clearwater
(20) College Acres
(21) Couchton
(22) Eureka
(23) Fox Creek
(24) Gem Lakes
(25) Gloverville
(26) Graniteville
(27) Hammond
(28) New Holland
(29) Hitchcock #66
(30) Hollow Creek
(31) Jackson
(32) Langley
(33) Levels
(34) Levels #72
(35) Lynwood
(36) Midland Valley #51
(37) Midland Valley #71
(38) Millbrook
(39) Misty Lakes
(40) Monetta
(41) Montmorenci
(42) New Ellenton
(43) North Augusta #25
(44) North Augusta #26
(45) North Augusta #27
(46) North Augusta #28
(47) North Augusta #29
(48) North Augusta #54
(49) North Augusta #55
(50) North Augusta #67
(51) North Augusta #68
(52) Oak Grove
(53) Perry
(54) Redds Branch
(55) Salley
(56) Sandstone #70
(57) Shaws Fork
(58) Shiloh
(59) Silver Bluff
(60) Six Points #35
(61) Six Points #46
(62) Sleepy Hollow #65
(63) Tabernacle
(64) Talatha
(65) Pine Forest
(66) Vaucluse
(67) Wagener
(68) Ward
(69) Warrenville
(70) White Pond
(71) Willow Springs
(72) Windsor
(B) The precinct lines defining the precincts provided in subsection (A) of this Section are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-03-01 and as shown on certified copies of the official map provided by the division to the State Election Commission Division of Elections and the Aiken County Board of Elections and Registration.
(C) The polling places for the precincts provided in subsection (A) of this Section must be established by the Aiken County Board of Elections and Registration with the approval of a majority of the county legislative delegation.
Section 7-7-50. In Allendale County there shall be the following voting precincts:
Allendale No. 1 Precinct 1 -- beginning at the city limits on U.S. 278; then north on 278 to Jackson Branch; then southeast on the branch to State Road 39; then northeast on 39 to State Road 162; then southeast on 162 to U.S. 301; then southwest on 301 to Jackson Branch; then east on Jackson Branch to State Road 331; then south on 331 to S.C. 641; then west on 641 to U.S. 301; then southwest on 301 to Gum Street; then southeast on Gum Street to Mill Street; then southwest on Mill to State Road 359 (Moore Street); then southeast on 359, then east (Robin Street) to unnamed, unpaved road; south on the road to Town of Allendale Recreation Field property line; then east and south along property line to State Road 129; then southeast on 129 to city limits; then west (clockwise) along city limits to State Road 22, then north on 22 to Maner Drive; then northwest on Maner Drive to U.S. 301; then northeast on U.S. 301 to Parkwood Terrace; then north on Parkwood to Water Street; then east on Water Street to old city limits; north on old city limits to city limits; north and east (clockwise) on city limits to point of origin.
Allendale No. 2 Precinct 2 -- Beginning at intersection of U.S. 301 and Gum Street; then northeast on 301 to city limits; then southeast and south (clockwise) around city limits to State Road 129; then northwest on 129 to Town of Allendale Recreation Field property line; then north and west on property line to unnamed, unpaved road; then north on road to State Road 359 (Robin Street); then west on 359; then northwest on 359 (Moore Street) to Mill Street; then northeast on Mill to Gum Street; then northwest on Gum to point of origin.
Fairfax No. 1 Precinct 3 -- Beginning at the intersection of State Road 331 and Jackson Branch; then east and southeast on Jackson Branch to the Allendale County line; southwest on the county line to U.S. 278; then northwest on 278 to unnamed, unpaved road across from intersection of State Road 183 and U.S. 278; then northeast on the road to State Road 240; then north on 240 to first intersection; then northwest on unnamed, unpaved road to S.C. 641; then west on 641 to State Road 331; then north on 331 to point of origin at Jackson Branch.
Fairfax No. 2 Precinct 4 -- Beginning at the intersection of U.S. 278 and State Road 103; then southeast on U.S. 278 to Allendale county line; then southwest and north on county line (clockwise) to Watchcaw Creek; then northeast on Watchcaw Creek to S.C. 3, then southeast on 3 to State Road 22; then northeast on 22 to State Road 47; then southeast then east on 47 to State Road 19; then northwest on 19 to Allendale city limits; then northeast then northwest (counter-clockwise) around city limits to U.S. 301; then northeast on 301 to S.C. 641; then east on 641 to unnamed, unpaved road opposite State Road 331; then south on the road to State Road 240, then south on 240 to first unnamed, unpaved road; then southwest on road to U.S. 278; then southeast on 278 to point of origin.
Martin Precinct 5 -- Beginning at the Savannah River and northern county line boundary; then northeast on county line to U.S. 278; then south on 278 to State Road 52; then southwest on 52 to State Road 53; then southwest on State Road 53 to State Road 102; then northwest on 102 to State Road 291; then west on 291 to Allendale county line at Savannah River; then north on river to point of origin.
Sycamore Precinct 6 -- Beginning at the intersection of State Road 162 and State Road 39 (Hays Crossroads); then northeast on State Road 39 to State Road 74; then east on State Road 74 to U.S. 301; then north on 301 to unnamed, unpaved county road; then east on the unnamed, unpaved road to U.S. 321; then south on 321 to State Road 133; then east on 133 to State Road 48; then southeast on 48 to a branch of the Salkehatchie River; then north on the branch to the Salkehatchie River and the Allendale County line; then southeast and southwest on the county line to Jackson Branch; northwest on Jackson Branch to U.S. 301; then northeast on 301 to State Road 162; then northwest on 162 to State Road 39, point of origin.
Ulmer Precinct 7 -- Beginning at the intersection of U.S. 278 (north) and Allendale County line; then east on county line to a branch of the Salkehatchie River (near State Road 133); then south on the branch to State Road 48; then northwest on 48 to State Road 133; then west on State Road 133 to U.S. 321; then north on 321 to unnamed, unpaved county road; then west on unnamed, unpaved county road to U.S. 301; then south on U.S. 301 to State Road 74; then west on State Road 74 to State Road 39; then southwest on State Road 39 to Jackson Branch; then northwest on Jackson Branch to U.S. 278; then north on 278 to point of origin.
Woods Precinct 8 -- Beginning at the intersection of the Allendale County line (Savannah River) and State Road 291 (Johnson's Landing); then east on State Road 291 to State Road 102; then southeast on 102 to State Road 53; then east on 53 to State Road 52; then northeast on 52 to U.S. 278; then south on 278 to Jackson Branch; then southeast on Jackson Branch to State Road 39; then southwest on 39 to U.S. 278; then south on 278 to Allendale City limits; then west (counterclockwise) on city limits to old city limits; then south on old city limits to Water Street; then west on Water Street to Parkwood Terrace; then south on Parkwood Terrace to U.S. 301; then east on the north right-of-way of U.S. 301 to the western right-of-way of Matthews Bluff Road; then south on the western right-of-way of Matthews Bluff Road to the southern boundary of the primary school property; then west and north on the property boundary of the primary school to the southern right-of-way of U.S. 301; then west on the southern right-of-way of U.S. 301 to Maner Drive; then southeast on Maner Drive to State Road 22; then south on 22 to city limits; then east on city limits to State Road 19; then south on 19 to State Road 47; then west on 47 to State Road 22; then south on 22 to S.C. 3; then north on 3 to Watchcaw Creek; then south on Watchcaw Creek to Savannah River; then north on river to point of origin.
Section 7-7-55. The polling places for the precincts provided in Section 7-7-50 must be established by the Registration and Elections Commission for Allendale County subject to the approval of the majority of the Allendale County Legislative Delegation.
Section 7-7-80. (A) In Anderson County there are the following voting precincts: Appleton-Equinox, Barker's Creek-McAdams, Belton, Bishop's Branch, Bowling Green, Broadview, Broadway, Brushy Creek, Cedar Grove, Centerville Station A, Centerville Station B, Chiquola Mill, Concrete, Craytonville, Denver-Sandy Springs, Edgewood Station A, Edgewood Station B, Five Forks, Flat Rock, Fork No. 1, Fork No. 2, Friendship, Gluck Mill, Green Pond Station A, Green Pond Station B, Grove School, Hall, Hammond School, High Point, Homeland Park Station A, Homeland Park Station B, Honea Path, Hopewell, Iva, Jackson Mill, LaFrance, Lakeside, Melton, Mount Tabor, Mountain Creek, Neal's Creek, Orr Mill, Pelzer, Pendleton, Piedmont, Piercetown, Rock Mill, Rock Spring, Shirley's Store, Simpsonville, Starr, Three and Twenty, Toney Creek, Townville, Varennes, West Pelzer, West Savannah, White Plains, Williamston, Williamston Mill, Wright's School, Ward 1 Precinct 1, Ward 1 Precinct 2, Ward 2 Precinct 1, Ward 2 Precinct 2, Ward 3 Precinct 1, Ward 3 Precinct 2, Ward 4 Precinct 1, Ward 4 Precinct 2, Ward 5 Station A, Ward 5 Station B, Ward 6 Precinct 1, Ward 6 Precinct 2.
(B) The precinct lines defining the above precincts in Anderson County are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-0700 and as shown on certified copies of the official map provided to the State Election Commission Division of Elections and the Anderson County Board of Voter Registration by the division.
(C) The polling places for the precincts provided in this Section must be established by the Anderson County Election Commission subject to the approval of the majority of the Anderson County Legislative Delegation.
Section 7-7-90. In Bamberg County there shall be voting precincts as follows: Colston; East Denmark; Edisto; Ehrhardt; Govan; Hightower's Mill; Hunter's Chapel; Kearse; Little Swamp; North Bamberg; Olar; South Bamberg; and West Denmark.
The precinct lines defining the above precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
The voting place for Edisto Precinct is the Edisto Rural Fire Department.
Section 7-7-100. (A) In Barnwell County there shall be voting precincts as follows: Barnwell No. 1; Barnwell No. 2; Barnwell No. 3; Barnwell No. 4; Blackville No. 1; Blackville No. 2; Elko; Friendship; Kline; Healing Springs; Hilda; Snelling; Williston No. 1; Williston No. 2; and Williston No. 3. The voting place for Barnwell No. 1; Barnwell No. 2; Barnwell No. 3; and Barnwell No. 4 shall be the Barnwell National Guard Armory.
(B) The precinct lines defining the precincts provided in subsection (A) are as shown on the official map prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board designated as P-11-01 and as shown on copies of the official map provided to the State Election Commission Division of Elections, the Barnwell County Board of Voter Registration, and the Barnwell County Election Commission.
(C) The polling places for the precincts listed in subsection (A) must be determined by the Barnwell County Election Commission with the approval of a majority of the Barnwell County Legislative Delegation.
Section 7-7-110. (A) In Beaufort County there are the following voting precincts:
Beaufort 1
Beaufort 2
Beaufort 3
Bluffton 1A
Bluffton 1B
Bluffton 1C
Bluffton 2A
Bluffton 2B
Bluffton 2C
Bluffton 3A
Bluffton 3B
Bluffton 4A
Bluffton 4B
Burton 1A
Burton 1B
Burton 1C
Burton 2A
Burton 2B
Burton 2C
Burton 3
Chechessee
Dale Lobeco
Daufuskie
Hilton Head 1A
Hilton Head 1B
Hilton Head 2A
Hilton Head 2B
Hilton Head 3
Hilton Head 4A
Hilton Head 4B
Hilton Head 4C
Hilton Head 4D
Hilton Head 5A
Hilton Head 5B
Hilton Head 5C
Hilton Head 6A
Hilton Head 6B
Hilton Head 7A
Hilton Head 7B
Hilton Head 8A
Hilton Head 8B
Hilton Head 9A
Hilton Head 9B
Hilton Head 10
Hilton Head 11
Hilton Head 12
Hilton Head 13
Hilton Head 14
Hilton Head 15A
Hilton Head 15B
Ladys Island 1A
Ladys Island 1B
Ladys Island 2A
Ladys Island 2B
Ladys Island 3A
Ladys Island 3B
Mossy Oaks 1A
Mossy Oaks 1B
Mossy Oaks 2
Port Royal 1
Port Royal 2
Seabrook 1
Seabrook 2
Seabrook 3
Sheldon 1
Sheldon 2
St. Helena 1A
St. Helena 1B
St. Helena 1C
St. Helena 2A
St. Helena 2B
St. Helena 2C
Sun City 1A
Sun City 1B
Sun City 2
Sun City 3
(B) The precinct lines defining the above precincts are as shown on the official map prepared by and on file with the Office of Research and Statistical Services of the Budget and Control Board designated as document P-13-02 and as shown on certified copies of the official map provided to the State Election Commission Division of Elections and the Beaufort County Board of Voter Registration by the Office of Research and Statistical Services.
Section 7-7-120. (A) In Berkeley County there are the following voting precincts:
(1) Alvin;
(2) Bethera;
(3) Bonneau;
(4) Bonneau Beach;
(5) Boulder Bluff No. 1;
(6) Boulder Bluff No. 2;
(7) Cainhoy;
(8) Carnes Cross Road No. 1;
(9) Carnes Cross Road No. 2;
(10) Cordesville;
(11) Cross;
(12) Daniel Island;
(13) Devon Forest;
(14) Eadytown;
(15) Goose Creek No. 1;
(16) Goose Creek No. 2;
(17) Goose Creek No. 3;
(18) Hanahan No. 1;
(19) Hanahan No. 2;
(20) Hanahan No. 3;
(21) Hanahan No. 4;
(22) Hilton Cross Roads;
(23) Howe Hall;
(24) Huger;
(25) Jamestown;
(26) Lebanon;
(27) Macedonia;
(28) McBeth;
(29) Moncks Corner No. 1;
(30) Moncks Corner No. 2;
(31) Moncks Corner No. 3;
(32) Moncks Corner No. 4;
(33) Pimlico;
(34) Pinopolis;
(35) Russellville;
(36) Sangaree No. 1;
(37) Sangaree No. 2;
(38) Sangaree No. 3;
(39) Shulerville;
(40) St. Stephen;
(41) Stratford No. 1;
(42) Stratford No. 2;
(43) Stratford No. 3;
(44) Stratford No. 4;
(45) Wassamassaw No. 1;
(46) Wassamassaw No. 2;
(47) Westview No. 1;
(48) Westview No. 2;
(49) Westview No. 3;
(50) Whitesville-Berkeley;
(51) Absentee.
(B) The precinct lines defining the precincts provided in subsection (A) are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-15-01 and as shown on certified copies of the official map provided by the division to the State Election Commission Division of Elections and the Board of Elections and Voter Registration of Berkeley County.
(C) The polling places for the precincts provided in this Section must be established by the Board of Elections and Voter Registration of Berkeley County subject to the approval of a majority of the Senators and a majority of the House members of the Berkeley County Delegation.
Section 7-7-130. In Calhoun County there shall be the following voting precincts: Bethel; Cameron; Center Hill; Creston; Dixie; Fall Branch; Fort Motte; Lone Star; Midway; Murph Mill; Sandy Run; and St. Matthews.
The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-140. (A) In Charleston County there are the following precincts:
Awendaw
Charleston 1
Charleston 2
Charleston 3A
Charleston 3B
Charleston 4A
Charleston 6
Charleston 7
Charleston 8
Charleston 9A
Charleston 10
Charleston 11A
Charleston 12A
Charleston 13A
Charleston 17
Charleston 18A
Charleston 20
Charleston 21
Charleston 22A
Charleston 24
Charleston 25A
Charleston 27
Charleston 28A
Charleston 30
Christ Church 1A
Christ Church 1B
Christ Church 2A
Christ Church 2B
Christ Church 3
Christ Church 4
Christ Church 5
Christ Church 6
Christ Church 7A
Christ Church 7B
Christ Church 7C
Christ Church 8A
Christ Church 8B
Christ Church 8C
Christ Church 8D
Christ Church 9A
Christ Church 9B
Deer Park 1A
Deer Park 1B
Deer Park 2A
Deer Park 2B
Deer Park 2C
Deer Park 3
Edisto Island
Folly Beach 1
Folly Beach 2
Isle of Palms 1A
Isle of Palms 1B
Isle of Palms 1C
James Island 1A
James Island 3
James Island 5A
James Island 5B
James Island 6
James Island 7
James Island 8
James Island 9
James Island 10
James Island 11
James Island 12
James Island 13
James Island 14
James Island 15
James Island 17
James Island 19
James Island 20
James Island 22
Johns Island 1A
Johns Island 1B
Johns Island 2
Johns Island 3A
Johns Island 3B
Johns Island 4
Kiawah Island
Ladson
Lincolnville
McClellanville
Mount Pleasant 1
Mount Pleasant 2
Mount Pleasant 3
Mount Pleasant 4
Mount Pleasant 5
Mount Pleasant 6
Mount Pleasant 7
Mount Pleasant 8
Mount Pleasant 9B
Mount Pleasant 9C
Mount Pleasant 9D
Mount Pleasant 10
Mount Pleasant 11
North Charleston 1A
North Charleston 1B
North Charleston 2A
North Charleston 3C
North Charleston 5
North Charleston 6
North Charleston 7
North Charleston 8
North Charleston 9C
North Charleston 10A
North Charleston 10B
North Charleston 11
North Charleston 12A
North Charleston 12C
North Charleston 13B
North Charleston 14A
North Charleston 14B
North Charleston 15A
North Charleston 16
North Charleston 17
North Charleston 19
North Charleston 20A
North Charleston 23
North Charleston 24
North Charleston 25A
North Charleston 27
North Charleston 28A
North Charleston 30
North Charleston 31
North Charleston 32
North Charleston 33B
Saint Andrews 1
Saint Andrews 2
Saint Andrews 3
Saint Andrews 4
Saint Andrews 5
Saint Andrews 6
Saint Andrews 8
Saint Andrews 9
Saint Andrews 10
Saint Andrews 11
Saint Andrews 12
Saint Andrews 13
Saint Andrews 14
Saint Andrews 15
Saint Andrews 16
Saint Andrews 17
Saint Andrews 18
Saint Andrews 19
Saint Andrews 20B
Saint Andrews 21
Saint Andrews 22
Saint Andrews 23
Saint Andrews 24
Saint Andrews 25
Saint Andrews 26
Saint Andrews 27A
Saint Andrews 27B
Saint Andrews 28
Saint Andrews 29A
Saint Andrews 29B
Saint Andrews 30A
Saint Andrews 31A
Saint Andrews 31B
Saint Andrews 31C
Saint Andrews 32A
Saint Andrews 32C
Saint Andrews 32D
St. Pauls 1
St. Pauls 2A
St. Pauls 2B
St. Pauls 3
St. Pauls 4
St. Pauls 5
St. Pauls 6
Sullivans Island
Town of Seabrook
Wadmalaw Island 1
Wadmalaw Island 2
Barrier Free
Absentee
Fail-Safe
(B) The precinct lines defining the above precincts in Charleston County are as shown on the official map of the United States Census Bureau designated as P-19-00 on file with the Division of Research and Statistical Services of the State Budget and Control Board. The Division of Research and Statistical Services shall provide revised certified copies of maps of the above precincts defining precinct changes incorporated pursuant to this act to the State Election Commission Division of Elections and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
(C) The Charleston County Election Commission shall designate, from time to time, the polling place in each precinct.
Section 7-7-160. (A) In Cherokee County there are voting precincts as follows:
Allens;
Alma Mill;
Antioch and King's Creek;
Ashworth;
Blacksburg Ward No. 1;
Blacksburg Ward No. 2;
Blacksburg Ward No. 3;
Blacksburg Ward No. 4;
Central;
Draytonville;
Ezells and Butler;
Gaffney Ward No. 1;
Gaffney Ward No. 2;
Gaffney Ward No. 3;
Gaffney Ward No. 4;
Gaffney Ward No. 5;
Gaffney Ward No. 6;
Goucher and Thicketty;
Grassy Pond;
Holly Grove and Buffalo;
Limestone Mill;
Littlejohn's and Sarratt's;
Macedonia;
Morgan;
Musgrove Mill;
Ninety Nine and Cherokee Falls;
Pleasant Grove;
Pleasant Meadows;
Ravenna and Brown's Mill;
Timber Ridge;
White Plains;
Wilkinsville and Metcalf; and
Wood's.
(B) The polling places of the various voting precincts in Cherokee County must be designated by the Cherokee County Election Commission. The precinct lines defining the above precincts are as shown on the official map designated as P-21-02 on file with the Office of Research and Statistical Services of the South Carolina Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the board of voter registration of the county by the Office of Research and Statistical Services. The official map may not be changed except by act of the General Assembly.
Section 7-7-170. (A) In Chester County there are the following voting precincts: Baldwin Mill; Baton Rouge; Beckhamville; Blackstock; Edgemoor; Eureka Mill; Fort Lawn; Halsellville; Hazelwood; Lando; Lansford; Lowrys; Richburg; Rodman; Rossville; Wilksburg; Great Falls Nos. 1 and 2; Great Falls No. 3; Chester, Ward 1; Chester, Ward 2; Chester, Ward 3; and Chester, Ward 4.
(B) The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
(C) The polling places for the above precincts must be determined by the Chester County Election Commission with the approval of a majority of the Chester County Legislative Delegation.
Section 7-7-180. In Chesterfield County there are the following voting precincts: Angelus-Catarrh; Bay Springs; Black Creek; Brocks Mill; Cash; Cat Pond; Center Grove-Winzo; Center Point; Cheraw No. 1; Cheraw No. 2; Cheraw No. 3; Court House; Cross Roads; Dudley-Mangum; Grants Mills; Jefferson; Middendorf; Mt. Crogan; McBee; Ousleydale; Pageland; Patrick; Pee Dee; Ruby; Shiloh; Snow Hill; Vaughn; Wesford; and White Oak.
The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-190. (A) In Clarendon County there are the following voting precincts:
Alcolu;
Barrineau;
Barrows Mill;
Bloomville;
Calvary;
Davis Station;
Harmony;
Hicks;
Home Branch;
Jordan;
Manning No. 1;
Manning No. 2;
Manning No. 3;
Manning No. 4;
Manning No. 5;
New Zion;
Oakdale;
Paxville;
Panola;
Sardinia-Gable;
Summerton No. 1;
Summerton No. 2;
Summerton No. 3;
Turbeville; and
Wilson-Foreston.
(B) The polling places for the above precincts must be determined by the Clarendon County Election Commission with the approval of a majority of the Clarendon County Legislative Delegation.
(C) The precinct lines defining the above precincts are as shown on map document P-2796 and filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-200. In Colleton County there shall be the following voting precincts: Ashton; Bells; Berea (the boundaries of Berea precinct are hereby extended to include the area formerly included in Pine Grove precinct); Canady's; Cottageville; Edisto; Green Pond; Hendersonville; Horse Pen; Hudson's Mill; Jacksonboro; Lodge; Maple Cane; Mashawville; Peniel; Peoples; Petits; Rice Patch; Ritter; Round O; Ruffin; Sidney; Smoaks; Sniders; Stokes; Walterboro No. 1; Walterboro No. 2; Walterboro No. 3; Walterboro No. 4; Williams; Edisto Beach; and Wolfe Creek.
The precinct lines defining the above precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-210. (A) In Darlington County there are the following voting precincts: Antioch; Auburn; Bethel; Burnt Branch; Black Creek-Clyde; Darlington No. 1; Darlington No. 2; Darlington No. 3; Darlington No. 4; Darlington No. 5; Darlington No. 6; Dovesville; Hartsville No. 1; Hartsville Nos. 2 and 3 (combined); Hartsville No. 4; Hartsville No. 5; Hartsville No. 6; Hartsville No. 7; Hartsville No. 8; Hartsville No. 9; High Hill; Indian Branch; Kelleytown; Lake Swamp; Lamar No. 1; Lamar No. 2; Lydia; Mechanicsville; New Market; Oates; Palmetto; Society Hill; and Swift Creek.
(B) The precinct lines defining the above precincts are as shown on map document P-3195 and filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
(C) The polling places for the precincts provided in this Section must be determined by the Darlington County Board of Elections and Registration with the approval of a majority of the Darlington County Legislative Delegation to include the member or members from that district.
Section 7-7-220. (A) In Dillon County there are the following voting precincts: Bermuda; Carolina; East Dillon; South Dillon; West Dillon; Floydale; Fork; Gaddy's Mill; Hamer; Kemper; Lake View; Latta; Little Rock; Manning; Minturn; Mt. Calvary; New Holly; Oak Grove; Oakland; and Pleasant Hill.
(B) The precinct lines defining these precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
(C) Polling places for the precincts provided in this Section must be determined by the Dillon County Election Commission with the approval of a majority of the Senators and a majority of the members of the House of Representatives representing Dillon County.
Section 7-7-230. (A) In Dorchester County there are the following voting precincts:
Precinct Name
Archdale
Ashborough East
Ashborough West
Ashley River
Beech Hill
Carolina
Clemson
Coastal
Delemars
Dorchester
Flowertown
Four Hole
German Town
Givhans
Greenwave
Greenhurst
Grover
Harleyville
Indian Field
Irongate
Knightsville
Newington
North Summerville
Reevesville
Ridgeville
Rosinville
Rosses
Saul Dam
Spann
St. George No. 1
St. George No. 2
Stallsville
Tranquil
Trolley
Tupperway
Windsor
(B) The precinct lines defining the above precincts are as shown on maps filed with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-3596 and as shown on certified copies provided to the State Election Commission Division of Elections and the Dorchester County Board of Voter Registration by the division.
(C) The polling places for the precincts provided in this Section must be established by the Dorchester County Election Commission.
Section 7-7-240. In Edgefield County there shall be the following voting precincts: Edgefield No. 1; Edgefield No. 2; Kendall; Johnston No. 1; Johnston No. 2; Trenton; Merriweather; West Side; Harmony; North Side; and Brunson.
The precinct lines defining the above precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-250. In Fairfield County there are the following voting precincts: Centerville; Feasterville; Horeb-Glenn; Mitford; Monticello; Ridgeway; Winnsboro, composed of Winnsboro Polling Place No. 1 (area west of Congress Street) and Winnsboro Polling Place No. 2 (area east of Congress Street); Woodward; Greenbrier; Lebanon; Jenkinsville; Winnsboro Mills; South Winnsboro; New Hope; Blairs; Gladden Grove; Hickory Ridge; White Oak; Simpson; Dutchman Creek; and Blackstock.
The precinct lines defining the above precincts are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the Budget and Control Board and as shown on copies of the official map provided to the State Election Commission Division of Elections and the Fairfield County Board of Voter Registration by the Division of Research and Statistical Services. The official date of the map is June 15, 1989.
The polling places for the above precincts must be determined by the Fairfield County Election Commission with the approval of a majority of the Fairfield County Legislative Delegation.
Section 7-7-260. (A) In Florence County there are the following voting precincts:
Back Swamp
Brookgreen
Cartersville
Claussen
Coles Crossroads
Coward 1
Coward 2
Delmae 1
Delmae 2
Ebenezer 1
Ebenezer 2
Ebenezer 3
Effingham
Elim-Glenwood
Evergreen
Florence Ward 1
Florence Ward 2
Florence Ward 3
Florence Ward 4
Florence Ward 5
Florence Ward 6
Florence Ward 7
Florence Ward 8
Florence Ward 9
Florence Ward 10
Florence Ward 11
Florence Ward 12
Florence Ward 14
Florence Ward 15
Friendfield
Gilbert
Greenwood
Hannah
High Hill
Johnsonville
Kingsburg-Stone
Lake City No. 1
Lake City No. 2
Lake City No. 3
Lake City No. 4
Leo
Mars Bluff No. 1
Mars Bluff No. 2
McAllister Mill
Mill Branch
Oak Grove-Sardis
Olanta
Pamplico No. 1
Pamplico No. 2
Prospect
Quinby
Salem
Savannah Grove
Scranton
South Florence 1
South Florence 2
Spaulding
Tans Bay
Timmonsville 1
Timmonsville 2
Vox
West Florence 1
West Florence 2
(B) The precinct lines defining the precincts in subsection (A) are as shown on the official map designated P-4199 and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
(C) The polling places for the precincts provided for in subsection (A) must be established by the Florence County Election Commission.
Section 7-7-270. (A) In Georgetown County there are the following voting precincts: Andrews; Andrews Outside; Bethel; Black River; Brown's Ferry; Carver's Bay; Cedar Creek; Choppee; Folly Grove; Georgetown No. 1; Georgetown No. 2-Dream Keepers; Georgetown No. 3; Georgetown No. 4; Georgetown No. 5; Grier's; Kensington; Murrell's Inlet No. 1; Murrell's Inlet No. 2; Murrell's Inlet No. 3; Murrell's Inlet No. 4; Myersville; Pawley's Island No. 1; Pawley's Island No. 2; Pawley's Island No. 3; Pawley's Island No. 4; Pawley's Island No. 5; Pennyroyal; Plantersville; Pleasant Hill; Potato Bed Ferry; Sampit; Santee; Spring Gulley; and Winyah Bay.
(B) The precinct lines defining the above precincts in Georgetown County are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on copies of the official map provided by the division to the State Election Commission Division of Elections and the Georgetown County Board of Voter Registration.
(C) The polling places for the precincts provided in this Section must be established by the Georgetown County Election Commission subject to approval by a majority of the Georgetown County Legislative Delegation.
Section 7-7-280. (A) In Greenville County there are the following voting precincts:
Precinct Name
Aiken
Altamont Forest
Asheton Lakes
Avon
Belle Meade
Bells Crossing
Belmont
Berea
Boiling Springs
Botany Woods
Brookglenn
Canebrake
Carolina
Chestnut Hills
Clear Creek
Cobblestone
Conestee
Darby Ridge
Del Norte
Devenger
Donaldson
Dove Tree
Dunklin
Eastside
Ebenezer
Edwards Forest
Enoree
Feaster
Fork Shoals
Fountain Inn 1
Fountain Inn 2
Frohawk
Furman
Garrison
Gilder Creek
Gowensville
Greenbriar
Greenville 1
Greenville 3
Greenville 4
Greenville 5
Greenville 6
Greenville 7
Greenville 8
Greenville 10
Greenville 14
Greenville 16
Greenville 17
Greenville 18
Greenville 19
Greenville 20
Greenville 21
Greenville 22
Greenville 23
Greenville 24
Greenville 25
Greenville 26
Greenville 27
Greenville 28
Greenville 29
Grove
Highland Creek
Hillcrest
Jennings Mill
Lakeview
Laurel Ridge
Leawood
Long Creek
Maple Creek
Maridell
Mauldin 1
Mauldin 2
Mauldin 3
Mauldin 4
Mauldin 5
Mauldin 6
Mauldin 7
Mission
Monaview
Mountain Creek
Mountain View
Neely Farms
Northwood
Oneal
Orchard Farms
Palmetto
Paris Mountain
Pebble Creek
Pelham Falls
Piedmont
Pineview
Poinsett
Raintree
Riverside
Riverwalk
Rock Hill
Rocky Creek
Rolling Green
Royal Oaks
Saluda
Sandy Flat
Sevier
Silverleaf
Simpsonville 1
Simpsonville 2
Simpsonville 3
Simpsonville 4
Simpsonville 5
Simpsonville 6
Skyland
Slater Marietta
Southside
Spaulding Farms
Spring Forest
Standing Springs
Stonehaven
Suber Mill
Sugar Creek
Sulphur Springs
Sycamore
Tanglewood
Taylors
Thornblade
Tigerville
Timberlake
Trade
Travelers Rest
Tubbs Mountain
Tyger River
Wade Hampton
Walnut Springs
Ware Place
Welcome
Wellington
Westcliffe
Westside
Woodmont
(B) The precinct lines defining the precincts in subsection (A) are as shown on maps filed with the Greenville County Board of Voter Registration and also on file with the State Election Commission Division of Elections as provided and maintained by the Office of Research and Statistics of the State Budget and Control Board designated as document P-45-03.
(C) The polling places for the precincts provided in subsection (A) must be established by the Greenville County Board of Voter Registration and the Greenville County Election Commission with the approval of a majority of the members of the Greenville County Legislative Delegation.
Section 7-7-290. (A) In Greenwood County there are the following voting precincts:
1-Greenwood No. 1
2-Greenwood No. 2
3-Greenwood No. 3
4-Greenwood No. 4
5-Greenwood No. 5
6-Greenwood No. 6
7-Greenwood No. 7
8-Greenwood No. 8
9-Glendale
10-Harris
11-Laco
12-Ninety-Six
13-Ninety-Six Mill
14-Ware Shoals
15-Hodges
16-Cokesbury
17-Coronaca
18-Greenwood High
19-Georgetown
20-Sandridge
21-Callison
22-Bradley
23-Troy
24-Epworth
25-Verdery
26-New Market
27-Emerald
28-Airport
29-Emerald High
30-Civic Center
31-Riley
32-Shoals Junction
33-Greenwood Mill
(B) The precinct lines defining the precincts are as shown on the official map P-4700 on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the Greenwood Board of Voter Registration. The official map may not be changed except by act of the General Assembly.
(C) The Greenwood County Election Commission shall designate the polling places of each precinct.
Section 7-7-300. In Hampton County there are the following voting precincts: Brunson, polling place at Brunson Town Hall; Hampton Courthouse No. 1, polling place at Ben Hazel School; Hampton Courthouse No. 2, polling place at County Courthouse; Varnville, polling place at Fire House at Town Hall; Early Branch, polling place at Early Branch grocery on Highway 68 (formerly McTeer's Store); Garnett, polling place at Garnett Learning Center; Gifford, polling place at Gifford Lodge Hall; Estill, polling place at Estill Town Hall; Bonnett, polling place at Bonnett Fire Department; Furman, polling place at Old Furman School; Yemassee, polling place at Yemassee Town Hall; Horse Gall, polling place at Vincent Smith's Garage; Rivers Mill, polling place at Hickory Grove Community Center; Hopewell, polling place at Hopewell Community Center; Crocketville-Miley, polling place at Crocketville Community Center; Cummings, polling place at Cummings Fire Department; Scotia, polling place at Scotia Town Hall; and Black Creek, polling place at Will Kinard's Home.
The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-310. The registration books for the Estill Precinct shall be prepared in such manner as to reflect the names of persons entitled to vote at the respective polling places.
Section 7-7-320. (A) In Horry County there are the following voting precincts:
Adrian;
Allsbrook;
Atlantic Beach;
Aynor;
Bayboro;
Brooksville;
Brownway;
Burgess;
Carolina Forest;
Cedar Grove;
Cherry Grove Beach 1;
Cherry Grove Beach 2;
Coastal Carolina;
Coastal Lane 1;
Coastal Lane 2;
Cool Springs;
Crescent Beach;
Daisy;
Deerfield;
Dog Bluff;
Dogwood;
Dunes 1;
Dunes 2;
Dunes 3;
East Conway;
East Loris;
Ebenezer;
Emerald Forest;
Enterprise;
Floyds;
Forest Brook;
Four Mile;
Galivants Ferry;
Garden City 1;
Garden City 2;
Garden City 3;
Garden City 4;
Glenns Bay;
Green Sea;
Gurley;
Hickory Grove;
Hickory Hill;
Homewood;
Horry;
Inland;
Jackson Bluff;
Jamestown;
Jernigan's Cross Roads;
Jet Port;
Jordanville;
Joyner Swamp;
Juniper Bay;
Lake Park;
Leon;
Little River 1;
Little River 2;
Live Oak;
Maple;
Marlowe;
Methodist Rehobeth;
Mill Swamp;
Mt. Olive;
Mt. Vernon;
Myrtlewood 1;
Myrtlewood 2;
Myrtlewood 3;
Nixon's Cross Roads 1;
Nixon's Cross Roads 2;
North Conway 1;
North Conway 2;
Norton;
Ocean Drive 1;
Ocean Drive 2;
Ocean Forest 1;
Ocean Forest 2;
Ocean Forest 3;
Pawley's Swamp;
Pleasant View;
Poplar Hill;
Port Harrelson;
Race Path 1;
Race Path 2;
Red Bluff;
Red Hill 1;
Red Hill 2;
Salem;
Sea Oats 1;
Sea Oats 2;
Sea Winds;
Shell;
Socastee 1;
Socastee 2;
Socastee 3;
Spring Branch;
Surfside Beach 1;
Surfside Beach 2;
Surfside Beach 3;
Surfside Beach 4;
Sweet Home;
Taylorsville;
Tilly Swamp;
Toddville;
Wampee;
West Conway;
West Loris;
White Oak;
Wild Wing; and
Windy Hill.
(B) The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Office of Research and Statistics of the State Budget and Control Board designated as document P-51-03.
(C) The polling places for the precincts listed in subsection (A) must be determined by the Horry County Board of Registration and Elections with the approval of a majority of the Horry County Legislative Delegation.
Section 7-7-330. (A) In Jasper County there are the following voting precincts:
Coosawhatchie
Gillisonville
Grahamville 1
Grahamville 2
Grays
Hardeeville 1
Hardeeville 2
Levy
Okatie
Pineland
Ridgeland 1
Ridgeland 2
Ridgeland 3
Tillman
(B) The precinct lines defining the precincts in subsection (A) are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-5399.
(C) The polling places for the precincts listed in subsection (A) must be determined by the Board of Elections and Voter Registration of Jasper County with the approval of a majority of the Jasper County Legislative Delegation.
Section 7-7-340. (A) In Kershaw County there are the following voting precincts: Airport, Antioch, Bethune, Buffalo, Camden No. 1, Camden No. 2, Camden No. 3, Camden No. 4, Camden No. 5, Camden No. 5-A, Camden No. 6, Cassatt, Charlotte Thompson, Doby's Mill, East Camden-Hermitage, Elgin No. 1, Elgin No. 2, Gates Ford, Liberty Hill, Lugoff No. 1, Lugoff No. 2, Lugoff No. 3, Malvern Hill, Rabon's Crossroads, Riverdale, Salt Pond, Shaylor's Hill, Springdale, Westville, and White's Gardens.
(B) The precinct lines defining the above precincts in Kershaw County are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on copies of the official map provided by the division to the State Election Commission Division of Elections and the Kershaw County Board of Voter Registration.
(C) The polling places for the precincts provided in this Section must be established by the Kershaw County Election Commission subject to approval by a majority of the Kershaw County Legislative Delegation.
Section 7-7-350. (A) In Lancaster County there are the following voting precincts:
Antioch;
Belaire;
Camp Creek;
Carmel;
Chesterfield Avenue;
Douglas;
Dwight;
Elgin;
Erwin Farm;
Gooch's Cross Road;
Heath Springs;
Hyde Park;
Jacksonham;
Kershaw North;
Kershaw South;
Lancaster East;
Lancaster West;
Lynwood Drive;
Midway;
Pleasant Hill;
Pleasant Valley;
Rich Hill;
Riverside;
Spring Hill;
Unity;
Van Wyck; and
Wylie Park.
(B) The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-5796.
(C) The polling places for the precincts provided in this Section must be established by the Lancaster County Board of Elections and Voter Registration subject to approval by a majority of the Lancaster County Legislative Delegation.
Section 7-7-360. (A) In Laurens County there are the following precincts:
Bailey;
Barksdale-Narnie;
Brewerton;
Clinton Mill;
Clinton No. 1;
Clinton No. 2;
Clinton No. 3;
Cooks;
Cross Hill;
Ekom;
Gray Court;
Greenpond;
Hickory Tavern;
Joanna;
Jones;
Long Branch;
Lydia Mill;
Madden;
Martins-Poplar Springs;
Mount Olive;
Mountville;
Ora-Lanford;
Owings;
Princeton;
Trinity Ridge;
Ward 1;
Ward 2;
Ward 3;
Ward 4;
Ward 5;
Ward 6;
Waterloo;
Wattsville; and
Youngs.
(B) The precinct lines defining the precincts in subsection (A) are as shown on the official map designated as P-59-02 and on file with the Office of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the Registration and Elections Commission for Laurens County by the Office of Research and Statistical Services.
(C) The polling places for the precincts listed in subsection (A) must be established by the Registration and Elections Commission for Laurens County with the approval of a majority of the Laurens County Legislative Delegation.
Section 7-7-370. In Lee County there shall be the following voting precincts: Ashland; Ashwood; Bishopville No. 1; Bishopville No. 2; Bishopville No. 3; Bishopville No. 4; Cedar Creek; Cypress; Elliott; Hickory Hill; Ionia; Lucknow; Lynchburg; Manville; Mt. Clio; Rattlesnake Springs; Shrocks Mill; South Lynchburg; Spring Hill; St. Charles; St. Matthews; Stokes Bridge; Turkey Creek; and Woodrow. The division line between the voting precincts at Bishopville shall be Main Street and Church Street, Bishopville No. 1 being the southwest corner. Bishopville No. 2 the southeast corner, Bishopville No. 3 the northeast corner and Bishopville No. 4 the northwest corner.
The precinct lines defining the above precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-380. (A)In Lexington County there are the following voting precincts:
Amicks Ferry
Barr Road
Batesburg
Beulah Church
Boiling Springs
Boiling Springs South
Bush River
Cayce No. 1
Cayce No. 2
Cayce No. 3
Cayce 2A
Chalk Hill
Challedon
Chapin
Coldstream
Congaree
Cromer
Dutchman Shores
Edenwood
Edmund
Emmanuel Church
Fairview
Faith Church
Gardendale
Gaston 1
Gaston 2
Gilbert
Grenadier
Hollow Creek
Hook's Store
Irmo
Kitti Wake
Lake Murray
Leaphart Road
Leesville
Lexington No. 1
Lexington No. 2
Lexington No. 3
Lexington No. 4
Mack-Edisto
Midway
Mims
Mount Horeb
Murraywood
Old Barnwell Road
Park Road
Pelion
Pilgrim Church
Pine Ridge
Pineview
Pond Branch
Providence Church
Quail Hollow
Quail Valley
Red Bank
Red Bank South
Ridge Road
Round Hill
Saluda River
Sandy Run
Seven Oaks
Sharpe's Hill
Springdale
Springdale South
St. Michael
Summit
Swansea
West Columbia No. 1
West Columbia No. 2
West Columbia No. 3
West Columbia No. 4
Westover
White Knoll
Whitehall
Woodland Hills
(B) The polling places of the various voting precincts in Lexington County must be designated by the Lexington County Election Commission. The precinct lines defining the above precincts are as shown on the official map on file with the Office of Research and Statistics of the State Budget and Control Board designated as document P-63-03 and as shown on certified copies provided to the State Election Commission Division of Elections and the Board of Voter Registration of the county by the Office of Research and Statistics. The official map may not be changed except by act of the General Assembly.
Section 7-7-390. In McCormick County there are voting precincts numbered and named as follows: Number 1 -- Mt. Carmel; Number 2 -- Willington; Number 3- Savannah; Number 4 -- McCormick No. 1; Number 5 -- Bethany; Number 6 -- McCormick No. 2; Number 7 -- Plum Branch; Number 8 -- Parksville; Number 9 -- Modoc; and Number 10- Clarks Hill.
The precinct lines defining the above precincts are as shown on official maps on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the McCormick County Board of Voter Registration by the Division.
Polling places must be determined by the McCormick County Election Commission with the approval of the McCormick County Legislative Delegation.
Section 7-7-400. In Marion County there shall be the following voting precincts: Britton's Neck; Friendship; Centenary; Rains; Marion No. 1; Marion No. 2; Marion North; Marion South; Marion West; Sellers; Temperance; Zion; Northwest; Mullins; Southwest Mullins; Northeast Mullins; Southeast Mullins; and Nichols.
The precinct lines defining the above precincts are as shown on maps filed with the Clerk of Court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
Section 7-7-410. (A) In Marlboro County there are the following precincts:
(1) Adamsville
(2) Blenheim
(3) Brightsville
(4) Brownsville
(5) Clio
(6) McColl
(7) East McColl
(8) Quick's Cross Roads
(9) Red Hill
(10) Tatum
(11) Wallace
(12) North Bennettsville
(13) South Bennettsville
(14) East Bennettsville
(15) West Bennettsville
(B) The precinct lines defining the precincts provided in subsection (A) of this Section are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-69-93 and as shown on certified copies of the official map provided by the division to the State Election Commission Division of Elections and the Marlboro County Board of Elections and Registration.
(C) The polling places for the precincts provided in subsection (A) of this Section must be established by the Marlboro County Board of Elections and Registration with the approval of a majority of the Marlboro County Legislative Delegation.
Section 7-7-420. (A) In Newberry County there are the following voting precincts:
Beth-Eden
Bush River
Chappells
Fairview
Hartford
Helena
Johnstone
Kinards-Jalapa
Little Mountain
Maybinton
Midway
Mt. Bethel-Garmany
Consolidated Number 5
Newberry Ward 1
Newberry Ward 2
Newberry Ward 3-1
Newberry Ward 3-2
Newberry Ward 4
Newberry Ward 5
Newberry Ward 6
Oakland
O'Neal
Peak
Pomaria
Prosperity
St. Phillips-Jolly Street
Silverstreet
Stoney Hill
Wheeland
Whitmire City
Whitmire Outside
(B) The precinct lines defining the precincts provided in subsection (A) in Newberry County are as shown on the official map prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board designated as document P-71-02 and as shown on certified copies of the official map provided by the office to the State Election Commission Division of Elections and the Newberry County Registration and Election Commission.
(C) The polling places for the precincts provided in this Section must be established by the Newberry County Registration and Election Commission subject to the approval of the majority of the Newberry County Delegation.
Section 7-7-430. (A) In Oconee County there are the following voting precincts:
Bounty Land
Earles Grove
Fair Play
Friendship
Holly Springs
Keowee
Long Creek
Madison
Mountain Rest
Newry-Corinth
Oakway
Ravenel
Return
Richland
Salem
Seneca No. 1
Seneca No. 2
Seneca No. 3
Seneca No. 4
Shiloh
South Union
Stamp Creek
Tamassee
Tokeena/Providence
Utica
Walhalla No. 1
Walhalla No. 2
Westminster No. 1
Westminster No. 2
West Union.
(B) The precinct lines defining the above precincts in Oconee County are as shown on the official map prepared by and on file with the Office of Research and Statistics of the State Budget and Control Board designated as document P-73-03 and as shown on certified copies of the official map provided to the State Election Commission Division of Elections and the Oconee Registration and Elections Commission by the division.
(C) The polling places for the precincts provided in this section must be established by the Oconee Registration and Elections Commission.
Section 7-7-440. (A) In Orangeburg County there are the following voting precincts:
Precinct Name
Orangeburg Ward 1
Orangeburg Ward 2
Orangeburg Ward 3
Orangeburg Ward 4
Orangeburg Ward 5
Orangeburg Ward 6
Orangeburg Ward 7
Orangeburg Ward 8
Orangeburg Ward 9
Orangeburg Ward 10
Suburban 1
Suburban 2
Suburban 3
Suburban 4
Suburban 5
Suburban 6
Suburban 7
Suburban 8
Suburban 9
Bethel
Bolentown
Bowman 1
Bowman 2
Branchville 1
Branchville 2
Brookdale
Cope
Cordova 1
Cordova 2
Edisto
Elloree 1
Elloree 2
Eutawville 1
Eutawville 2
Four Holes
Holly Hill 1
Holly Hill 2
Jamison
Limestone 1
Limestone 2
Neeses-Livingston
Nix
North 1
North 2
Norway
Pinehill
Providence
Rowesville
Santee 1
Santee 2
Springfield
Vance
Whittaker
(B) The precinct lines defining the precincts in subsection (A) are as shown on official maps on file with the Office of Research and Statistical Services of the Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the Orangeburg County Board of Voter Registration by the office and designated as P-75-02.
(C) The polling places for the precincts provided in this Section must be determined by the Orangeburg County Election Commission subject to the approval of a majority of the Orangeburg County Legislative Delegation.
Section 7-7-450. (A) In Pickens County there are the following voting precincts:
Albert R. Lewis
Arial Mill
Brushy Creek
Calhoun
Cedar Rock
Central 1
Central 2
Clemson 1
Clemson 2
Crossroads
Crosswell 1
Crosswell 2
Dacusville 1
Dacusville 2
Easley
Flat Rock
Forest Acres
Georges Creek
Glassy Mountain
Griffin
Holly Springs
Lawrence Chapel
Liberty 1
Liberty 2
McKissick
Morrison
Mountain View
Norris
Park Street
Pickens 1
Pickens 2
Pickens 3
Pickens 4
Pickensville
Pike
Powdersville 1
Powdersville 2
Praters Creek 1
Praters Creek 2
Pumpkintown
Rice's Creek
Rock Springs
Saluda
Simpson
Six Mile
Skelton
Smith Grove
Stone Church
University
Woodside
Zion
(B) The precinct lines defining the above precincts are as shown on official maps on file with the Office of Research and Statistical Services of the Budget and Control Board designated as document P-77-01 and as shown on certified copies provided to the State Election Commission Division of Elections and the Pickens County Board of Voter Registration by the office.
(C) The polling places for the precincts provided in this Section must be established by the Pickens County Registration and Elections Commission subject to the approval of the majority of the Pickens County Legislative Delegation.
Section 7-7-465. (A) In Richland County there are the following voting precincts:
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Ward 8
Ward 9
Ward 10
Ward 11
Ward 12
Ward 13
Ward 14
Ward 15
Ward 16
Ward 17
Ward 18
Ward 19
Ward 20
Ward 21
Ward 22
Ward 23
Ward 24
Ward 25
Ward 26
Gregg Park
Ward 29
Ward 30
Ward 31
Ward 32
Ward 33
Ward 34
Arcadia
Ardincaple
Ballentine
Barrier Free
Beatty Road
Bluff
Blythewood #1
Blythewood #2
Brandon
Briarwood
Caughman Road
College Place
Cooper
Dennyside
Dentsville
Dutch Fork
Eastover
Edgewood
Estates
Fairlawn
Fairwold
East Forest Acres
North Forest Acres
South Forest Acres
Friarsgate #1
Friarsgate #2
Old Friarsgate
Gadsden
Garners
Greenview
Hampton
Harbison
Hopkins
Horrell Hill
Hunting Creek
Keels
Keenan
Killian
Kingswood
Lincolnshire
Long Creek
Lykesland
Meadowfield
Meadowlake
McEntire
Midway
Mill Creek
Monticello
North Springs #1
North Springs #2
Oakwood
Olympia
Parkway
Pennington
Pine Lakes
Pinewood
Polo Road
Pontiac
Rice Creek
Ridgewood
Riverside
Riversprings
Riverwalk
St. Andrews
Satchelford
Skyland
South Beltline
Spring Valley
Springville
Trenholm Road
Valhalla
Valley State Park
Walden
Westminster
Whitewell
Wildewood
Woodfield
Woodlands
(B) The precinct lines defining the precincts provided in subsection (A) are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the South Carolina Budget and Control Board designated as document P-7901 and as shown on certified copies of the official map provided to the State Election Commission Division of Elections and the Richland County Board of Voter Registration by the Division of Research and Statistical Services.
Section 7-7-480. (A) In Saluda County there are the following voting precincts:
Centennial
Clyde
Delmar
Fruit Hill
Higgins/Zoar
Holly
Hollywood
Holstons
Mayson
Mt. Willing
Pleasant Cross
Pleasant Grove
Richland
Ridge Spring/Monetta
Saluda No. 1
Saluda No. 2
Sardis
Ward
(B) The precinct lines defining the above precincts are as shown on official maps on file with the Division of Research and Statistical Services of the Budget and Control Board designated as document P-81-94 and as shown on certified copies provided to the State Election Commission Division of Elections and the Saluda County Board of Voter Registration by the division.
(C) The polling places for the precincts provided in this Section must be established by the Saluda County Election Commission subject to the approval of a majority of the Saluda County Legislative Delegation.
Section 7-7-490. (A) In Spartanburg County there are the following voting precincts:
American Legion
Arcadia
Arkwright
Arlington
Arrowood
Ballenger
Beaumont Methodist Church
Ben Avon
Bishop
Bobo
Boiling Springs
Bowen
Brooklyn-Cooley Springs-Fingerville
Bunton Church
Camelot Fire Station
Campobello
Campton
Canaan
Cannon's Campground
Carver Junior High School
Cavins-Hobbysville
C. C. Woodson Center
Cedar Springs
Central Fire Station
Cherokee-Springs
Chesnee - Chesnee Mill
Cleveland Elementary School
Clifton
Converse
Cowpens
Crescent
Croft
Cross Anchor
Cunningham
DeYoung
Drayton
Duncan
East Greer
Enoree
Evans Human Resources Center
Fairforest
Fairmont
Glendale
Gramling
Hayne Shop
Hill Top
Holly Springs
Inman
Jackson Mill
Johnson City
Landrum
Lyman
Mayo
Memorial Auditorium Arena
Moore-Switzer
Motlow
New Prospect
Pacolet
Pacolet Mills
Park Hills Elementary School
Park Hills Baptist Church
Pauline-Glenn Springs
Pelham
Pine Street Elementary School
Poplar Springs
Powell Saxon
Reidville
Roebuck
Spartanburg High School
Startex
Trinity Methodist Church
Una
Union Street Fire Station
Victor Mill
Walnut Grove
Wellford
White Stone
Whitney Station A-I
Whitney Station A-II
Whitney Station B
Woodland Heights Recreation Center
Woodruff No. 1
Woodruff No. 2
Woodruff No. 3
Woods Chapel
Zion Hill
(B) The precinct lines defining the precincts in subsection (A) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board and as shown on certified copies provided to the State Election Commission Division of Elections and the Board of Voter Registration of the county by the Office of Research and Statistics designated as document P-83-03.
(C) The polling places for the precincts listed in subsection (A) must be determined by the Spartanburg County Election Commission with the approval of a majority of the Spartanburg County Legislative Delegation.
Section 7-7-501. (A) In Sumter County there are the following voting precincts:
Bates
Birnie
Burns-Downs
Causeway Branch
Cherryvale
Crosswell
Dalzell
Delaine
Ebenezer
Folsom Park
Furman
Green Swamp
Hampton Park
Hillcrest
Horatio
Lemira
Loring
Magnolia-Harmony
Manchester Forest
Mayesville
Mayewood
McCray's Mill 1
McCray's Mill 2
Millwood
Morris College
Mulberry
Oakland Plantation 1
Oakland Plantation 2
Oswego
Palmetto Park
Pinewood
Pocotaligo 1
Pocotaligo 2
Privateer
Rembert
Saint John
Saint Paul
Salem
Salterstown
Savage-Glover
Second Mill
Shaw
South Liberty
South Red Bay
Spectrum
Stone Hill
Sumter High 1
Sumter High 2
Sunset
Swan Lake
Thomas Sumter
Turkey Creek
Wilder
Wilson Hall.
(B) The precinct lines defining the above precincts are as shown on official maps on file with the Office of Research and Statistical Services of the Budget and Control Board designated as document P-85-01 and as shown on certified copies provided to the State Election Commission Division of Elections and the Sumter County Registration and Elections Commission by the office.
(C) The polling places for the precincts provided in this Section must be established by the Sumter County Registration and Elections Commission subject to the approval of a majority of the Sumter County Legislative Delegation.
Section 7-7-510. (A) In Union County there are the following voting precincts:
Adamsburg
Black Rock
Bonham
Buffalo, Box 1
Carlisle
Cross Keys
East Buffalo
Excelsior
Jonesville, Box 1
Jonesville, Box 2
Kelton
Lockhart
Monarch, Box 1
Monarch, Box 2
Putnam
Santuck
Union, Ward 1, Box 1
Union, Ward 1, Box 2
Union, Ward 2
Union, Ward 3
Union, Ward 4, Box 1
Union, Ward 4, Box 2
West Springs
(B) The precinct lines defining the precincts in subsection (A) are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Office of Research and Statistics of the State Budget and Control Board designated as document P-87-03.
(C) The polling places for the precincts listed in subsection (A) must be determined by the Board of Election and Registration of Union County with the approval of a majority of the Union County Legislative Delegation.
Section 7-7-520. In Williamsburg County there are the following voting precincts: Black River; Bloomingvale; Cades; Cedar Swamp; Central; Earls; Ebenezer; Greeleyville; Harmony; Hebron; Hemingway; Henry-Poplar Hill; Indiantown; Kingstree No. 1; Kingstree No. 2; Kingstree No. 3; Lane; Lenuds; Midway; Millwood; Morrisville; Mount Vernon; Muddy Creek; Nesmith; Oak Ridge; Pergamos; Piney Forest; Salters; Sanday Ray; Singletary; Suttons; Trio; and Workman.
The precinct lines defining the above precincts are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission Division of Elections as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.
The polling places for the precincts provided in this Section must be established by the Williamsburg County Election Commission subject to the approval of a majority of the Williamsburg County Delegation, including the Senators. The Williamsburg County Election Commission shall establish the following polling places:
Hemingway Precinct J.J. Mitcheom Building
Mt. Vernon Precinct Mt. Vernon Fire Station
Salters Precinct Salters Fire Department.
Section 7-7-530. (A) In York County there are the following voting precincts:
Allison Creek Church;
Anderson Road;
Bethany;
Bethel No. 1;
Bethel No. 2;
Bethel School;
Bowling Green;
Bullocks Creek;
Cannon Mill;
Catawba;
Clover No. 1;
Clover No. 2;
Cotton Belt;
Delphos;
Ebenezer;
Ebinport;
Edgewood;
Fewell Park;
Filbert;
Fort Mill No. 1;
Fort Mill No. 3;
Fort Mill No. 4;
Fort Mill No. 5 and No. 6;
Hickory Grove;
Highland Park;
India Hook;
Lakeshore;
Lesslie No. 1;
Lesslie No. 2;
McConnellsville;
Mt. Holly;
Museum;
New Home;
Newport;
Northside;
Northwestern;
Oak Ridge;
Oakwood;
Ogden;
Rock Hill No. 2;
Rock Hill No. 3;
Rock Hill No. 4;
Rock Hill No. 5;
Rock Hill No. 6;
Rock Hill No. 7;
Rock Hill No. 8;
Rosewood;
Sharon;
Smyrna;
Tega Cay 1;
Tega Cay 2;
Tirzah;
University;
York No. 1; and
York No. 2.
(B) The precinct lines defining the above precincts are as shown on the official map on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-9199 and as shown on certified copies provided to the State Election Commission Division of Elections and the Registration and Elections Commission for York County by the Division of Research and Statistical Services.
(C) The polling places for the above precincts must be determined by the Registration and Elections Commission for York County with the approval of a majority of the York County Legislative Delegation.
Section 7-7-710. The State Election Commission Division of Elections shall report the names of all polling precincts by county that have more than one thousand five hundred registered electors as of January first to the General Assembly not later than the fourth Tuesday of each odd-numbered year. If, by April first of the same year, the General Assembly has failed to alter the precincts so that no precinct shall have more than one thousand five hundred qualified electors the State Election Commission Division of Elections shall notify the respective county registration boards which shall make such alterations as necessary to conform all precincts to such limitations. Provided, that precincts isolated by water shall not be required to meet minimum requirements.
Section 7-7-720. (A) A person whose registration is transferred to another precinct by virtue of the provisions of this article must be notified by mail by the county board of voter registration of the transfer.
(B) A person whose notification is returned to the board of registration as undeliverable must be reported by the board to the State Election Commission Division of Elections. The State Election Commission Division of Elections must place the elector in an inactive status on the master file and may remove this elector's name from inactive status upon compliance with the provisions of Section 7-5-330(F).
Section 7-7-730. When a precinct has more than seven hundred fifty registered electors, the precinct list must be divided alphabetically so that no list contains more than seven hundred fifty electors and separate managers and facilities are provided within the polling place for each list of electors. Local registration boards dividing precincts alphabetically shall notify the State Election Commission Division of Elections of this division so that separate alphabetically arranged poll lists may be printed by the commission. Upon completion of the above, the provisions of Section 7-7-710 are considered to be complied with regardless of the number of electors in the precinct. Nothing in this Section prevents the alteration of precincts pursuant to Section 7-7-710 where the General Assembly or local registration boards consider this alteration advisable.
Section 7-7-910. Subject to the provisions of Section 7-7-920 and Section 7-5-440, every elector must be registered and, unless otherwise specified on his voting certificate, shall vote at the designated polling place within the precinct of his residence, but in incorporated municipalities in which officers are elected by wards or other municipal subdivisions, electors must be registered and shall vote at their designated polling places.
Section 7-7-920. In all municipal elections when the aldermen or councilmen are elected by wards, the electors shall vote at the voting place within their ward nearest their residences, and in all municipal elections when the aldermen, councilmen or other officials are elected by a vote at large within the municipality, the electors shall vote at the voting place in the precinct within which they reside which is nearest their residences.
In all municipal elections when the ward lines and the precinct lines coincide within the city limits of the municipality, electors shall vote at the nearest voting place within the ward or precinct.
In any city or town having not more than one polling precinct, established by ordinance, for municipal elections, all duly qualified electors shall be permitted to vote in municipal elections at such voting place if such electors are authorized to vote at any voting precinct within such city or town.
Section 7-7-940. In case of the moving of a registered elector from one precinct to another in the same county, the elector must notify the board of registration of the county. The board must note the fact upon the proper book and give the elector a notification of the precinct into which he is moved.
Section 7-7-950. When a new voting precinct is established by law, the board of registration must transfer from the books of registration the names of electors registered to vote in other voting precincts as should register and vote in the new voting precinct and shall notify electors of the change of polling precincts.
Section 7-7-960. (a) Any elector whose precinct or ward is changed by a change of ward or precinct boundaries must have notification mailed to him by the county registration board reflecting his new precinct or ward.
(b) Any area in the county annexed to a municipality which is divided into wards shall be made part of a ward to which it is contiguous by the county board of registration. In the event the annexed area in a municipality divided into wards contains at least five hundred qualified electors the area annexed shall be made a separate ward which must be given a numerical designation. As soon as practicable following annexation, the board must mail all registered electors of record residing in the annexed area notification designating the number of the ward, if appropriate, and precinct to which they have been assigned.
(c) The envelope in which notifications mailed out in conjunction with the provisions of subsections (a) and (b) must have printed on the front "DO NOT FORWARD". All electors whose precinct or ward is changed by boundary changes must be added to the records of the precinct or ward to which they are assigned and deleted from those of the precinct or ward to which they were formerly assigned.
Section 7-7-970. When one voting place has been changed to another in the same township or polling precinct, or when the name of the voting place has been changed since the last general election, the registration of electors for the former voting place shall be valid and effectual for the new voting place.
Section 7-7-980. Federal, state and county officers and their spouses temporarily residing at or near the capital or county seat may register and vote in their former home precincts if they so desire.
Section 7-7-990. (A) Notwithstanding any other provision of law, the county election commission in each county of the State is encouraged to make every polling place barrier free and shall provide at least one polling place, free of architectural barriers, which shall be known as the Countywide Barrier-Free Voting Precinct, for use by physically handicapped electors of the county. Such polling place may be within any existing polling place that now is barrier-free or that is made barrier-free. Any physically handicapped elector, regardless of his place of residence in the county, may vote in this polling place if he meets the following criteria:
(1) Elector either cannot ambulate without the aid of a wheelchair, leg braces, crutches or a walker, or elector suffers from a lung disease to such an extent that he is unable to walk without the aid of a respirator.
(2) Elector has applied in writing to and obtained from the county board of registration thirty days before the election a voting registration transfer authorizing the elector to vote at the county barrier-free polling place. An elector whose physical handicap, as defined in item (1) of this subsection, is permanent, as certified by a licensed physician, is not required to register once he has done so initially under the provisions of this item.
(B) For every election the State Election Commission Division of Elections shall furnish to the proper county or party officials a separate roster of those handicapped electors registered to vote at the barrier-free polling place, and the county election officials shall ensure that election managers are designated to staff the barrier-free polling place. Such roster shall also contain appropriate precinct and district references for each voter when practical and reasonable.
(C) The county election commission shall be authorized to use paper ballots in lieu of voting machines in the Countywide Barrier-Free Voting Precinct in those counties where voting machines are used.
(D) When the Countywide Barrier-Free Voting Precinct in the respective counties closes, the votes of the Countywide Barrier-Free Voting Precinct shall be tabulated and reported as a separate precinct when other ballots of the county are counted on election day.
(E) The provisions of this Section shall only apply to elections conducted by the county election commission or county executive committee of a political party and are in lieu of voting by absentee ballot.
Section 7-7-1000. For purposes of municipal elections only, a municipality may pool one or more precincts with other precincts and have one voting place for all of these pooled precincts upon the following conditions:
(1) Any precinct which contains five hundred or more registered voters within the municipality must have its own voting place.
(2) The total number of registered voters within the municipality in each group of pooled precincts cannot exceed one thousand five hundred.
(3) The voting place of any precinct pooled with others cannot be more than three miles from the nearest part of any pooled precinct.
(4) The notice requirements of Section 7-7-15 must be complied with and in addition to this requirement, the location of voting places for all precincts including those pooled must be published in a newspaper of general circulation in the municipality on the day of the election. If the newspaper is not published daily, then on the date of publication nearest and prior to the date of election.
(5) Whenever precincts are pooled in a municipal election, the voter registration lists, poll lists, and ballots for each precinct represented must be used by the managers of election. Results of the election must also be reported and certified by individual precinct."
SECTION 26. Section 7-9-10 of the 1976 Code is amended to read:
"Section 7-9-10. Political parties desiring to nominate candidates for offices to be voted on in a general or special election shall, before doing so, have applied to the State Election Commission (Commission) Division of Elections (division) for certification as such. Parties shall nominate candidates of that party on a regular basis, as provided in this title, in order to remain certified. Any certified political party that fails to organize on the precinct level as provided by Section 7-9-50, hold county conventions as provided by Sections 7-9-70 and 7-9-80, and hold a state convention as provided by Section 7-9-100; that fails to nominate candidates for national, state, multi-county district, countywide, or less than countywide office by convention or party primary as provided by Sections 7-11-20, 7-11-30, and 7-13-40; and that fails to certify the candidates as provided by Section 7-13-350 in at least one of two consecutive general elections held on the first Tuesday following the first Monday in November of an even-numbered year, or that fails to nominate and certify candidates in any other election which might be held within the period of time intervening between the two general elections, must be decertified by the State Election Commission division. The party must be notified in writing of its decertification at the last address of record. If the notification of decertification is returned as undeliverable, it must be placed on file in the office of the State Election Commission and with the division.
Any decertified party or any noncertified party, organization, or association may obtain certification as a political party at any time by filing with the Commission division a petition for the certification signed by ten thousand or more registered electors residing in this State, giving the name of the party, which must be substantially different from the name of any other party previously certified.
No petition for certification may be submitted to the Commission division later than six months prior to any election in which the political party seeking certification wishes to nominate candidates for public office.
At the time a petition is submitted to the Commission division for certification, the Commission division shall issue a receipt to the person submitting the petition which reflects the date the petition was submitted and the total number of signatures contained therein. Once the petition is received by the Commission division, the person submitting the petition shall not submit or add additional signatures.
If the Commission division determines, after checking the validity of the signatures in the petition, that it does not contain the required signatures of registered electors, the person submitting the petition must be notified and shall not submit any new petition seeking certification as a political party under the same name for one year from the date the petition was rejected.
Once a petition for certification has been submitted and rejected by the Commission division, the same signatures may not be submitted in any subsequent petition to certify a new political party.
Once submitted for verification, a petition for certification may not be returned to the political party, organization, or association seeking certification, but shall become a part of the permanent records of the Commission division."
SECTION 27. Section 7-9-80 of the 1976 Code is amended to read:
"Section 7-9-80. Each county convention shall be called to order by the county chairman and shall proceed to elect a temporary president, a temporary secretary and a committee on credentials for the purpose of organizing. When organized, it shall elect a permanent president, a secretary and treasurer. It shall also elect the county chairman, the county vice-chairman and a member of the State committee from the county and as many delegates to the State convention as triple the number of members from the county in the House of Representatives, plus one. But county conventions at their discretion may elect double the number of delegates in which case each delegate shall have one-half vote. The secretary of the convention shall keep a record of the proceedings in the minute book.
All officers except delegates shall be reported to the clerk of court of the county and to the Secretary of State Division of Elections prior to the state convention. The reports shall be public record."
SECTION 28. Section 7-9-100 of 1976 Code, as last amended by Act 136 of 1989, is further amended to read:
"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.
The officers of the state convention must be a president, vice president, two secretaries, and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission Division of Elections within fifteen days of their election and the reports must be public record."
SECTION 29. Section 7-11-15 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county shall file their statements of intention of candidacy with the State Executive Committee of their respective party.
(2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit them along with the applicable filing fees to the respective State Executive Committees. Provided, however, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The State Executive Committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.
Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission Division of Elections by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission Division of Elections, as the case may be, by the deadline. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission Division of Elections. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission Division of Elections, as the case may be.
If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION 30. Section 7-11-20 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:
"Section 7-11-20. Party conventions or party primary elections held by political parties certified as such by the State Election Commission Division of Elections under the provisions of this Title to nominate candidates for any of the offices to be filled in a general or special election shall be conducted in accordance with the provisions of this Title and in accordance with party rules not in conflict with the provisions of this Title or of the Constitution and laws of this State or of the United States.
A certified political party wishing to hold a presidential primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday."
SECTION 31. Section 7-11-40 of the 1976 Code is amended to read:
"Section 7-11-40. Notwithstanding any other provision of law, if a political party in this State shall nominate candidates by party primary election, the person with whom candidates of that party for the House of Representatives file shall report to the State Election Commission Division of Elections the names and addresses of all candidates so filing within twenty-four hours after the close of the filing period for the House of Representatives."
SECTION 32. Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:
"Section 7-11-50. If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman.
'Legitimate nonpolitical reason' as used in this section is limited to:
(a) reasons of health, which include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued;
(b) family crises, which include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business;
(c) substantial business conflict, which includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to carry out properly the functions of the office being sought.
A candidate who withdraws based upon a legitimate nonpolitical reason which is not covered by the inclusions in (a), (b) or (c) has the strict burden of proof for his reason. A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.
This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission Division of Elections if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission or Division of Elections to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. However, where this party nominee is unopposed each political party registered with the State Election Commission Division of Elections has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D)."
SECTION 33. Section 7-11-55 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:
"Section 7-11-55. If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election.
If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).
The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.
Where the party nominee was unopposed, each political party registered with the State Election Commission Division of Elections has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section."
SECTION 34. Section 7-11-70 of the 1976 Code, as last amended by Act 405 of 1984, is further amended to read:
"Section 7-11-70. A candidate's nominating petition for any office in this State shall contain the signatures of at least five percent of the qualified registered electors of the geographical area of the office for which he offers as a candidate; provided, that no petition candidate is required to furnish the signatures of more than ten thousand qualified registered electors for any office. The official number of qualified registered electors of the geographical area of any office must be the number of registered electors of such area registered one hundred twenty days prior to the date of the election for which the nomination petition is being submitted.
The petition must be certified to the State Election Commission Division of Elections in the case of national, state, circuit, and multicounty district offices; with the county election commission in the case of countywide or less than countywide offices with the exception of municipal offices; with the clerk of a municipality in case of a municipal office, and the certified petition shall constitute and be kept as a public record."
SECTION 35. Section 7-11-80 of the 1976 Code, as last amended by Act 510 of 1984, is further amended to read:
"Section 7-11-80. (A) All nominating petitions for any political office or petition of any political party seeking certification as such in the State of South Carolina shall be standardized as follows:
(1) Shall be on good quality original bond paper sized 8 1/2 '' X 14''.
(2) Shall contain a concise statement of purpose; in the case of nomination of candidates, the name of the candidate, the office for which he offers and the date of the election for such office shall be contained in such petition.
(3) Shall contain in separate columns from left to right the following:
(a) Signature of voter and printed name of voter;
(b) Address of residence where registered; and
(c) Precinct of voter.
(4) No single petition page shall contain the signatures of registered voters from different counties.
(5) All signatures of registered voters shall be numbered consecutively.
(6) Petitions with more than one page must have the pages consecutively numbered upon filing with the appropriate authority.
(B) The State Election Commission Division of Elections may furnish petition forms to the county election officials and to interested persons."
SECTION 36. Section 7-11-85 of the 1976 Code, as added by Act 263 of 1984, is amended to read:
"Section 7-11-85. Every signature on a petition requiring five hundred or less signatures must be checked for validity by the respective county board of voter registration against the signatures of the voters on the original applications for registration on file in the registration board office. When a petition requires more than five hundred signatures, every one of the first five hundred signatures must be checked for validity and at least one out of every ten signatures thereafter beginning with the five hundred and first signature must be checked for validity. If the projected number of valid signatures, using this percentage method for the signatures over five hundred plus the number of valid signatures in the first five hundred, total at least the number of signatures required by law on the petition, it must be certified as a valid petition. No petition, however, may be rejected if the number of signatures over five hundred checked using the percentage method plus the number of valid signatures in the first five hundred does not total at least the number required by law. If insufficient signatures are found using the percentage method in order to certify as a valid petition, the board of voter registration must check every signature over five hundred separately, or such number over five hundred until the required number of valid signatures is found.
If it is a petition seeking to certify a new political party or if the office for which the petition has been submitted comprises more than one county, and using the percentage method of checking does not result in the required number of valid signatures, the executive director of the Commission Division of Elections shall designate which counties must check additional signatures.
No signatures on a petition may be rejected if the address of a voter, registration certificate number of a voter, or the precinct of a voter, as required by Section 7-11-80, is missing or incorrect if the signature is otherwise valid. The signature of a voter may only be rejected if it is illegible and cannot be found in the records of the board of voter registration, is missing from the petition, or is not that of the voter, or if the registration of the voter has been deleted for any of the reasons named in items (2) or (3) of Subsection (C) of Section 7-3-20.
The board of voter registration shall complete a summary form containing the results of checking any petition and must give the completed form to the requesting authority. The form used for this purpose must be prescribed and provided by the executive director."
SECTION 37. Section 16 of Act 253 of 1992, codified as Section 7-13-15 of the 1976 Code, is designated as Section 7-13-15 and amended to read:
"Section 16 Section 7-13-15. Except for municipal primaries, all primaries for national offices, excluding the Office of President, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission Division of Elections and the county election commissions on the second Tuesday in June of each general election year."
SECTION 38. Section 7-13-40 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission Division of Elections and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission Division of Elections or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission or Division of Elections of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission Division of Elections and placed by the executive director of the commission Division of Elections in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 39. Section 7-13-50 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county election commission or the State Election Commission Division of Elections, as appropriate."
SECTION 40. Section 7-13-70 of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission Division of Elections in writing of the appointments. The division must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission division."
SECTION 41. Section 7-13-72 of the 1976 Code, as added by Act 465 of 1996, is amended to read:
"Section 7-13-72. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place.
For primary elections held on the second Tuesday in June of each general election year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners must also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct.
For all other primary, special, or municipal elections, the authority charged by law with conducting the primary, special, or municipal elections must appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election must also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election.
Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause.
No person may be appointed as a manager in a primary, general, or special election who has not completed a training program approved by the State Election Commission Division of Elections concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the managers and clerks must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: "I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God".
The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the managers and clerks are appointed, or if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election must take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 42. Section 7-13-180 of the 1976 Code is amended to read:
"Section 7-13-180. Whenever an amendment to the Constitution of this State shall be voted upon at any election, the commissioners of election of each county in the State shall have such amendment conspicuously posted at each voting precinct in the county upon the day of the election. Such printed amendments shall be furnished to the commissioners of election by the Secretary of State Division of Elections."
SECTION 43. Section 7-13-310 of the 1976 Code is amended to read:
"Section 7-13-310. In the general elections provided for in Section 7-13-10, there shall be four kinds of ballots called, respectively: "Official Ballot for Presidential Elector"; "Official Ballot for State Offices, United States Senator and Members of Congress"; "Official Ballot for State Senator, Member of the House of Representatives, County, Circuit and Other Offices" and "Official Ballot on Constitutional Amendments or other Propositions Submitted." Each such kind of ballot shall be printed upon different colored paper as shall be provided for by the executive director."
SECTION 44. Section 7-13-320 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-13-320. General election ballots shall conform to the following standards and specifications:
(A) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall be of such size and color as directed by the State Election Commission Division of Elections. If more than one ballot is to be used in any election, each such ballot shall be printed upon different colored paper;
(B) Across the top of the ballot shall be printed 'Official Ballot, General Election,' beneath which shall be printed the date of the election, the county and the precinct. Above the caption of each ballot shall be one stub, with a perforated line between the stub and the top of the ballot. The stub shall have printed thereon 'Official Ballot, General Election' and then shall appear the name of the county, the precinct and the date of the election. On the right side there shall be a blank line under which there shall be 'Initials of Issuing Officer.' Stubs on ballots for each precinct shall be renumbered consecutively, beginning with No. 1;
(C) On the ballot for presidential electors there shall be printed, under the titles of the offices, the names of the candidates for President and Vice President of the United States nominated by each political party qualified under the provisions of Section 7-9-10 and those nominated by petition. A separate column shall be assigned to each political party with candidates and to each separate petition slate of candidates on the ballot and each party and each petition candidate's columns shall be separated by distinct black lines. At the head of each column the party or petition name shall be printed in large type and below it a circle, one-half inch in diameter, and below the circle the names of the party's and petition candidates for President and Vice President in that order. On the face of the ballot above the party and petition candidate's column division the following instruction shall be printed in heavy black type:
a. To vote this ballot make a cross (X) mark in the circle below the name of the political party or petition column for whose candidates you wish to vote.
b. A vote for the names of a political party's candidates or petition candidates for President and Vice President is a vote for the electors of that party or petition candidates, the names of whom are on file with the Secretary of State.
On the bottom of the ballot shall be printed an identified facsimile of the signature of the Executive Director of the State Election Commission Division of Elections.
The official ballot for presidential electors shall not be combined with any other official ballots.
(D) The names of candidates offering for any other office shall be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county or other office.
(E) The names of the several officers to be voted for and the tickets of the parties and petition candidates shall be placed on the ballots in an order as arranged by the State Election Commission division as to those ballots for which it is responsible for distribution and by the commissioners of election for the respective counties as to the ballots for which they are responsible for distribution, including those for State Senator and member of the House of Representatives. If the State Senator or member of the House of Representatives or any other officer is to be elected from more than one county, the commissioners of election from the various counties from which they are to be elected shall assure that there shall be uniformity of placement on the ballots of their respective counties and should the commissioners fail to agree within sixty days prior to the general election, and upon receipt of written certification by at least one commissioner, that they have failed to act, the State Election Commission division shall determine the order of placing the names on the ballots.
(F) Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in the county to the Executive Director of the State Election Commission Division of Elections not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the regular ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."
SECTION 45 Section 7-13-325 of the 1976 Code, as last amended by Act 106 of 1989, is further amended to read:
"Section 7-13-325. The name of a candidate authorized by law to appear on a ballot in a general, special, or primary election in this State for any office may be one of the following or a combination of them:
(1) the candidate's given name;
(2) a derivative of the candidate's given name properly acquired under the common law and used in good faith for honest purposes; or
(3) a nickname which bears no relation to the candidate's given name but which is used in good faith for honest purposes and does not exceed fifteen letters on the ballot.
The derivative name or nickname may not imply professional or social status, an office, or military rank.
A candidate wanting to use a derivative name or a nickname, as permitted by items (2) and (3), respectively, of this section, shall notify the authority responsible by law for conducting the election, in writing, before a deadline for receiving or certifying candidates' names for inclusion on the ballot, the name he wishes to have appear and shall present evidence required by the authority conducting the election that the name indicated is his derivative name or nickname. In deciding whether the name indicated is the candidate's derivative name or nickname, the authority conducting the election shall consider appropriate criteria, including, but not limited to, the following:
(a) whether the name is the designation by which the candidate is usually and commonly known in the community in which he resides or called by other persons;
(b) whether the name is the designation by which the candidate calls himself or which he has adopted;
(c) whether the name is the designation under which the candidate transacts private and official business.
The State Election Commission Division of Elections may promulgate regulations to carry out the provisions of the section, including, but not limited to, forms to be completed by the candidate and the deadline by which a candidate shall indicate the name he wished to have appear on the ballot."
SECTION 46. Section 7-13-335 of the 1976 Code, as added by Act 242 of 1996, is amended to read:
"Section 7-13-335. The State Election Commission Division of Elections or the local entity responsible for printing general or special election ballots or the arrangement of a ballot by mechanical or electronic means shall conform these ballots to the requirements of Section 7-13-330. The names of candidates in nonpartisan and at-large, multi-seat races must be listed in alphabetical order."
SECTION 47. Section 7-13-340 of the 1976 Code is amended to read:
"Section 7-13-340. All ballots cast in general elections for national, State, county, municipal, district and circuit officers in the towns, counties, districts, circuits, cities and other political divisions shall be printed and distributed at public expense. The printing and distribution of all ballots, other than the county, State Senator, member of the House of Representatives, local or circuit ballots herein designated, the ballots for elections in cities and towns and the ballots for election on bonds or other local measures, shall be arranged and handled by the State Election Commission Division of Elections and shall be paid for by the State. The State Election Commission division shall have all necessary ballots for elections for presidential electors, State officers, United States Senators and members of Congress printed, and shall deliver such ballots to the various county commissioners of election at least ten days prior to the date of the election and the county commissioners of election shall place such ballots in ballot boxes for distribution to the election managers of the various precincts.
The printing and distribution of ballots in all State Senate, member of the House of Representatives, county, local and circuit elections shall be arranged and handled by the commissioners of election of the several counties and shall be paid for by the respective counties, and the commissioners of election shall place such ballots in ballot boxes for distribution to the election managers of the various precincts. The printing and distribution of ballots in all municipal elections shall be arranged and handled by the municipal authorities conducting such elections and shall be paid for by the municipalities.
The terms 'municipal' and 'municipalities' as used in this section shall be construed to include school districts, public service districts and like political subdivisions."
SECTION 48. Section 7-13-350(B) of the 1976 Code, as last amended by Act 392 of 2000, is further amended to read:
"(B) Candidates for President and Vice President must be certified not later than twelve o'clock noon on August thirtieth to the State Election Commission Division of Elections, or if August thirtieth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION 49. The second paragraph of Section 7-13-351 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date the petition was submitted and the total number of signatures contained in the petition. The candidate submitting the petition must certify, on a form designed and provided by the State Election Commission Division of Elections, that he meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.
SECTION 50. Section 7-13-355 of the 1976 Code, as last amended by Act 131 of 1987, is further amended to read:
"Section 7-13-355. No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission or Division of Elections to be placed on the ballot no later than 12:00 noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than 12:00 noon on the following business day."
SECTION 51. Section 7-13-420 of the 1976 Code is amended to read:
"Section 7-13-420. The printer with whom the executive director, commissioners of election or other authority, as the case may be, shall contract for the printing of official ballots shall, before the work is commenced, take an oath before the Executive Director of the State Election Commission Division of Elections or the chairman of the commissioners or other authority, as the case may be, who may administer such oath, to the following effect: "I, __________, do solemnly swear that I will print (here insert number) ballots according to the instructions of the __________ of __________; that I will not print or permit to be printed, directly or indirectly, more than the above number; that I will at once destroy all imperfect and perfect impressions other than those required to be delivered to the electoral board; that as soon as said number of ballots is printed I will distribute the type used for such work and that I will not communicate to anyone whomsoever, in any manner whatsoever, the size, style or contents of such ballots.
The above oath shall be reduced to writing and signed by the person taking it and also a similar affidavit shall be required of any employee or other person engaged upon the work or who shall have access to it. Any intentional violation of such oath shall constitute the crime of perjury. Any other violation of the provisions of this section shall be a misdemeanor and punished by a fine of one hundred dollars or imprisonment for thirty days in jail.
Nothing herein contained shall be construed to prohibit the executive director, the commissioners or other authority from publishing or otherwise disclosing the contents, style and size of ballots required to be printed by them which they are respectively authorized and empowered to publish or otherwise disclose."
SECTION 52. Section 7-13-610 of the 1976 Code, as last amended by Act 242 of 1996, is further amended to read:
"Section 7-13-610. (A) The State Election Commission Division of Elections and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party must contain in print only the names of the candidates who have filed to run in that particular party primary and must have a stub at the top perforated so as to be easily detached. On the stub must be printed 'Official state (or county) Ballot, (name of party) Primary', the name of the county and the precinct, and the date of the primary. On the right side there must be a blank line under which must be printed 'Initials of Issuing Officer'. Stubs on ballots for each precinct must be numbered consecutively, beginning with 'No. 1'. The ballots must be furnished by the State Election Commission division for all except members of the General Assembly, county officers, less than county officers, and circuit solicitors, for which the county election commission shall furnish the ballots. One ballot must contain the names of all persons in alphabetical order running for state and federal offices. The other ballot must contain, in alphabetical order, the names of all persons running for the General Assembly, county offices, less than county officers, and solicitors.
(B) Ballots furnished by the State Election Commission division under this section must have marked on them in plain type, both on the stub and on the ballot, the words 'Official State Ballot'. Ballots furnished by the county election commission under this section must have marked on them in plain type, both on the stub and on the ballot, the words 'Official County Ballot'.
(C) The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission division. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The State Election Commission division may establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."
SECTION 53. The last paragraph of Section 7-13-611 of the 1976 Code is amended to read:
"The State Election Commission Division of Elections is hereby empowered to promulgate such rules and regulations under Chapter 23 of Title 1 as are necessary for the arrangement of the official county ballot."
SECTION 54. Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 7-13-710. When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Public Safety, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission Division of Elections. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers."
SECTION 55. Section 7-13-1160 of the 1976 Code is amended to read:
"Section 7-13-1160. Within twenty-four hours of the completion of the canvassing and counting of ballots, the persons in charge of each such election in each county shall notify the State Election Commission Division of Elections of the unofficial results of such election in each such county; provided, however, that failure to comply with the provisions of this section shall not invalidate the votes cast therein."
SECTION 56. Section 7-13-1330 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1330. (A) Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it shall be approved by the State Election Commission Division of Elections which shall examine the vote recorder and shall make and file in the commission's division's office a report, attested by the signature of the executive director, stating whether, in the opinion of the commission division, the kind of vote recorder so examined can be accurately and efficiently used by electors at elections, as provided by law. No vote recorder or optical scan voting system may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission Division of Elections as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder can be so used, the recorder shall be considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided.
(B) No kind of vote recorder not approved pursuant to this section shall be used at any election and if, upon the reexamination of any type vote recorder previously approved, it appears that the vote recorder so reexamined can no longer be accurately and efficiently used by electors at elections as provided by law, the approval of the vote recorder must immediately be revoked by the State Election Commission Division of Elections, and no such type vote recorder shall thereafter be purchased for use or used in this State.
(C) If a vote recorder, including an optical scan voting system, which was approved for use before July 1, 1999, is improved or otherwise changed in a way since its approval that does not impair its accuracy, efficiency, or capacity, the vote recorder may be used in elections. However, if the software, hardware, or firmware of the system is improved or otherwise changed, the system must comply with the requirements of subsection (A).
(D) Any person or company who requests an examination of any type of vote recorder or optical scan voting system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system and a nonrefundable examination fee of five hundred dollars for an upgrade to any existing system to the State Election Commission Division of Elections. The State Election Commission Division of Elections may at any time, in its discretion, reexamine any vote recorder or optical scan voting system when evidence is presented to the commission division that the accuracy or the ability of the system to be used satisfactorily in the conduct of elections is in question.
(E) Any person or company who seeks approval for any vote recorder or optical scan voting system in this State must file with the State Election Commission Division of Elections a list of all states or jurisdictions in which the system has been approved for use. This list must state how long the system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and must disclose any reports compiled by state or local government concerning the performance of the system. The vendor is responsible for filing this information on an ongoing basis.
(F) Any person or company who seeks approval for any vote recorder or optical scan voting system must file with the State Election Commission Division of Elections copies of all contracts and maintenance agreements used in connection with the sale of the voting system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission Division of Elections.
(G) Any person or company who seeks approval for any vote recorder or optical scan voting system must conduct, under the supervision of the State Election Commission Division of Elections and any county election commission, a field test for any new voting system, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the voting system must be borne by the vendor. The test must be designed to gauge voter reaction to the system, problems that voters have with the system, and the number of voting units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes cast and reported on the system.
(H) Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA. These source codes must be available to the State Election Commission Division of Elections in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission Division of Elections determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission Division of Elections that this requirement has been met.
(I) After a vote recorder or optical scan voting system is approved, an improvement or change in the system must be submitted to the State Election Commission Division of Elections for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer or reader to electronically count and record votes or to a printer to accurately reproduce vote totals.
(J) If the State Election Commission Division of Elections determines that a vote recorder or optical scan voting system that was approved no longer meets the requirements set forth in subsections (A) and (C) or Section 7-13-1340, the commission division may decertify that system. A decertified system shall not be used in elections unless the system is reapproved by the commission division under subsections (A) and (C).
(K) Neither a member of the State Election Commission Division of Elections, any county election commission or custodian, nor a member of a county governing body shall have any pecuniary interest in any vote recorder, or in the manufacture or sale of the vote recorder."
SECTION 57. Item (k) of Section 7-13-1340 of the 1976 Code, as added by Act 103 of 1999, is amended to read:
"(k) If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission Division of Elections in a format and time frame specified by the commission division."
SECTION 58. Section 7-13-1360(c) of the 1976 Code is amended read:
"(c) The form and arrangement of ballot labels shall be prescribed and prepared by the State Election Commission Division of Elections."
SECTION 59. Section 7-13-1370 of the 1976 Code is amended to read:
"Section 7-13-1370. Ballot cards shall be of suitable design, size and stock, as prescribed by the State Election Commission Division of Elections, to permit processing by a tabulating machine. A serially-numbered stub and strip shall be attached to each ballot card in a manner and form similar to that prescribed by law for paper ballots."
SECTION 60. Section 7-13-1371(B) of the 1976 Code is amended to read:
"(B) The State Election Commission Division of Elections must establish the form of a sign to be displayed in any polling place utilizing an optical scanning device. This sign must notify voters to vote both sides of the ballot card and must be displayed in three conspicuous places in the polling place."
SECTION 61. Section 7-13-1380 of the 1976 Code is amended to read:
"Section 7-13-1380. Electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers in counting the write-in votes to determine readily whether an elector has cast any write-in vote not authorized by law. The State Election Commission Division of Elections in specifying the form of the ballot shall provide for ballot secrecy in connection with write-in votes."
SECTION 62. Section 7-13-1390(c) of the 1976 Code is amended to read:
"(c) On or before the third day preceding an election, the county election officials shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards clearly marked for such purpose, not to exceed fifty for each candidate or question, so punched or marked as to record a predetermined number of valid votes for each candidate and on each question, and shall include for each office one or more ballot cards which have votes in excess of or less than the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless counting. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The county election officials or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the election. In preparing the vote recorders, they shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate, as prescribed by the State Election Commission Division of Elections, in the office of the county election officials that the recorders are in proper order with correct ballot labels."
SECTION 63. Section 7-13-1400(b)(3) of the 1976 Code is amended to read:
"(3) A seal for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary or as may be required by law or by rules and regulations of the State Election Commission Division of Elections."
SECTION 64. Section 7-13-1490 of the 1976 Code is amended to read:
"Section 7-13-1490. The State Election Commission Division of Elections shall adopt and promulgate such regulations and instructions and design such forms as it may deem necessary to carry out the purposes of this article. A sufficient number of such regulations, instructions and forms shall be distributed to each county election commission using the voting and counting equipment authorized by the provisions of this article."
SECTION 65. Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1620. (A) Before any kind of voting machine, including an electronic voting machine, is used at any election, it must be approved by the State Election Commission Division of Elections which shall examine the voting machine and make and file in the commission's division's office a report, attested to by the signature of the commission's executive division's director, stating whether, in the commission's division's opinion, the kind of voting machine so examined can be accurately and efficiently used by electors at elections, as provided by law. No voting machine may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission Division of Elections as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards.
(B) When a voting machine has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).
(C) Any person or company who requests an examination of any type of voting machine must pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission Division of Elections may reexamine any voting machine when evidence is presented to the commission division that the accuracy or the ability of the machine to be used satisfactorily in the conduct of elections is in question.
(D) Any person or company who seeks approval for any type of voting machine in this State must file with the State Election Commission Division of Elections a list of all states or jurisdictions in which that voting machine has been approved for use. This list must state how long the machine has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine. The vendor is responsible for filing this information on an ongoing basis.
(E) Any person or individual who seeks approval for any type of voting machine must file with the State Election Commission Division of Elections copies of all contracts and maintenance agreements used in connection with the sale of the voting machine. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission Division of Elections.
(F) Any person or company who seeks approval for any voting machine must conduct, under the supervision of the State Election Commission Division of Elections and any county election commission, a field test for any new voting machine, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting machine must be borne by the vendor. The test must be designed to gauge voter reaction to the machine, problems that voters have with the machine, and the number of units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes reported on the machine.
(G) Before any voting machine, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ITA. These source codes must be available to the State Election Commission Division of Elections in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission Division of Elections determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission Division of Elections that this requirement had been met.
(H) After a voting machine is approved, an improvement or change in the machine must be submitted to the State Election Commission Division of Elections for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer.
(I) If the State Election Commission Division of Elections determines that a voting machine that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission division may decertify that machine. A decertified machine shall not be used in an election unless it is reapproved by the commission division under subsections (A) and (B).
(J) No employee or member of the State Election Commission Division of Elections, county election commission, custodian, or member of a county governing body may have any pecuniary interest in any voting machine or in the manufacture or sale of any voting machine."
SECTION 66. Section 7-13-1640(C) of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"(C) If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1620(B), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission Division of Elections in a format and time frame specified by the commission division."
SECTION 67. Section 7-13-2120 of the 1976 Code is amended to read:
"Section 7-13-2120. To establish an agency to determine whether or not a proposed constitutional amendment requires a simplified or more detailed explanation as provided for in Section 7-13-2110, there is hereby created the Constitutional Ballot Commission composed of the Attorney General, the Director of the State Election Commission Division of Elections and the Director of the Legislative Council. Prior to the printing of ballots in each general election year in which proposed constitutional amendments are voted upon, the Commission shall meet at the call of the Attorney General and:
(1) Consider each proposed amendment and make a determination as to whether or not a simplified or more detailed explanation is necessary or appropriate; and
(2) In those cases where it is determined that an explanation is deemed necessary or appropriate, phrase such explanation and submit it to the State Election Commission Division of Elections under the signatures of at least a majority of the ballot commissioners. The Election Commission division shall arrange for the placement of amendment explanations on ballots and make them available to the news media, upon request, at least ten days prior to the general election."
SECTION 68. Section 7-15-10 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-15-10. The State Election Commission Division of Elections is responsible for carrying out the provisions of Article 3 and Article 5 of this chapter. The commission division may promulgate regulations, and must have drafted, printed, and distributed all forms that are required to make it possible for persons listed in Section 7-15-320 to vote by absentee ballot in primary, general, and special elections. Regulations promulgated pursuant to this section must be promulgated in accordance with the Administrative Procedures Act."
SECTION 69. The first paragraph of Section 7-15-340 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"The application required in Section 7-15-330 to be submitted to these election officials must be in a form prescribed and distributed by the State Election Commission Division of Elections; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered."
SECTION 70. Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:
"Section 7-15-385. Upon receipt of the ballot or ballots, the absentee ballot applicant must mark each ballot on which he wishes to vote and place each ballot in the single envelope marked 'Ballot Herein' which in turn must be placed in the return-addressed envelope. The applicant must then return the return-addressed envelope to the board of registration by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission Division of Elections and must be turned in to the board of registration at the time the envelope is returned. The voter must sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of registration must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff including volunteers reimbursed for time expended on campaign activity is not permitted to serve as an authorized returnee for any person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of registration must record in the record book required by Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must securely store the envelopes in a locked box within the office of the registration board."
SECTION 71. Section 7-15-400 of the 1976 Code, as added by Act 407 of 1986, is amended to read:
"Section 7-15-400. (A) A qualified absentee elector as provided in subsection (C) of this section may apply not earlier than ninety days before an election for a special write-in absentee ballot. This ballot must be used for each general and special election and primaries for federal offices, statewide offices, and members of the General Assembly.
(B) The application for a special write-in absentee ballot may be made on the federal postcard application form or on a form prescribed by the State Election Commission Division of Elections.
(C) In order to qualify for a special write-in absentee ballot, the voter must state that he is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal postcard application or on a form prepared by the State Election Commission Division of Elections and supplied and returned with the special write-in absentee ballot.
(D) Upon receipt of this application, the County Board of Registration shall issue the special write-in absentee ballot which must be prescribed and provided by the State Election Commission Division of Elections. The ballot shall list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office."
SECTION 72. Section 7-15-460 of the 1976 Code, as added by Act 275 of 1992, is amended to read:
"Section 7-15-460. In the event of an emergency, as defined in this section, the State Election Commission Division of Elections must, in cooperation with United States government agencies, take all steps and action as may be necessary, including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application for voter registration and an application for absentee ballots and electronic transmissions of absentee ballots to or from any elector in the United States armed services, to ensure that all South Carolina residents located in the immediate area of the emergency, who are serving on active duty in the armed services of the United States, in the Reserve or Guard components of the United States armed services having been called to active military duty, or as civilian personnel with the armed forces of the United States, have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina.
'Emergency' means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.
The State Election Commission Division of Elections shall promulgate regulations necessary for the implementation of this section."
SECTION 73. Section 7-15-470 of the 1976 Code, as added by Act 83 of 2001, is amended to read:
"Section 7-15-470. Notwithstanding the provisions of this chapter, a county board of registration may use other methods of voting by absentee ballot instead of by paper ballot. No voting machine or voting system, other than a paper-based system, may be used for in-person absentee voting that has not received written certification from the State Election Commission Division of Elections that the voting machine or voting system meets all statutory requirements for use in the State and certification that the machine can be secured against voting at times other than business hours of the county board of registration, that the results of elections can be held secure from release until the time for counting ballots at any polling place, and votes cast using the machine can be challenged and held secure until the hearing on challenged ballots required by Section 7-13-830 is held. The State Election Commission Division of Elections must develop standards and guidelines for these purposes."
SECTION 74. Section 7-17-90 of the 1976 Code is amended to read:
"Section 7-17-90. Except in the case of the election for electors for President and Vice-President, duplicate statements shall be made and filed in the office of the clerk of the county or, if there be no such clerk duly qualified according to law, in the office of the State Election Commission Division of Elections."
SECTION 75. Section 7-17-210 of the 1976 Code is amended to read:
"Section 7-17-210. The State Election Commission Division of Elections shall, ex officio, constitute the Board of State Canvassers."
SECTION 76. Section 7-17-220 of the 1976 Code, as last amended by Act 276 of 1992, is further amended to read:
"Section 7-17-220. Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall meet at the office of the Election Commission Division of Elections within ten days after any general election for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice-President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues."
SECTION 77. Section 7-17-330 of the 1976 Code is amended to read:
"Section 7-17-330. The Secretary of State shall prepare a general certificate, under the seal of the State and attested by him as Secretary thereof, addressed to the House of Representatives of the United States in that Congress for which any person shall have been chosen, of the due election of such person as Representative of this State in Congress and shall transmit the same to such House of Representatives at their first meeting."
SECTION 78. Section 7-17-510 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-17-510. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission Division of Elections and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o' clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county."
SECTION 79. The third paragraph of Section 7-17-530 of the 1976 Code, as last amended by Act 63 of 1997, is further amended to read:
"The chairman of the committee must conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests, the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission Division of Elections shall pay for the costs of the court reporter and the transcript of the hearing. This transcript must be filed with the appropriate state executive committee no later than 10:00 a.m. Saturday next following the decision of the county executive committee."
SECTION 80. Section 7-17-550 of the 1976 Code, as last amended by Act 63 of 1997, is further amended to read:
"Section 7-17-550. The state executive committee must meet in Columbia not later than twelve noon on Saturday next following the filing of any notice perfected under Section 7-17-540 for the purpose of hearing appeals. The appellant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The state committee is bound by the facts as determined by the county committee. However, if in the opinion of at least eighteen members of the state committee the facts should be reviewed, then a hearing de novo must be held by the state committee. In the event of a review of the facts, the state committee may receive any new evidence or exhibits as it in its discretion considers necessary to determine the appeal. The state committee must remain in session until all appeals have been disposed of. The State Election Commission Division of Elections shall pay for the costs of the court reporter and the transcript of the hearing."
SECTION 81. The second paragraph of Section 7-17-570 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. The chairman of the committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission Division of Elections shall pay for the costs of the court reporter and the transcript of the hearing."
SECTION 82. Section 14-7-130 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:
"Section 14-7-130. In September of each year, the Department of Public Safety shall furnish the State Election Commission Division of Elections a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. The computer tape also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year, and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission Division of Elections shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission Division of Elections, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission Division of Elections in implementing this section must be borne by these agencies."
SECTION 83. Section 14-7-150 of the 1976 Code, as last amended by Act 340 of 1986, is further amended to read:
"Section 14-7-150. The jury box of a county shall contain the same number of capsules or containers as there are names on the jury list prepared by the jury commissioners from the latest official list furnished to the county by the State Election Commission Division of Elections each year and provided to the clerk of court of each county not later than December first of the calendar year. The capsules or containers must be small, opaque, and as similar in size, shape, and color as possible at the time of original purchase or the repurchase of additional capsules. By a slip of paper placed therein, each capsule or container must be numbered, beginning with number 'one' and continuing consecutively through the number of qualified electors on the jury list prepared by the jury commissioners as hereinbefore provided. All these papers must be of similar kind, color, and weight so as to resemble each other as much as possible without distinguishing marks. The capsules or containers so prepared must be placed in the jury box constructed as required by law."
SECTION 84. Section 14-7-390 of the 1976 Code, as last amended by Act 34 of 1986, is further amended to read:
"Section 14-7-390. The clerk of court of a county may serve a summons for jury duty by first class mail. In the alternative, the clerk of court of any county may contract with the State Election Commission Division of Elections to serve a summons for jury duty by first class mail. Should the clerk of court of any county not choose to use either of the procedures for summoning jurors provided by this section, the clerk may summon jurors as provided by Section 14-7-410 or the sheriff shall serve jurors as provided by Section 14-7-400."
SECTION 85. Section 14-25-155 of the 1976 Code, as last amended by Act 480 of 1980, is further amended to read:
"Section 14-25-155. The jury list of the municipality shall be composed of all names on the official list of qualified electors of the municipality furnished to the municipality by the State Election Commission Division of Elections each year, or copied from the official voter registration list of the municipality.
Compartment 'A' of the jury box shall contain a separate ballot or number for each name on the jury list."
SECTION 86. Section 22-2-30 of the 1976 Code is amended to read:
"Section 22-2-30. In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Research and Statistical Services Division of the State Budget and Control Board and the Senate Research staff for demographic information and the State Election Commission Division of Elections for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina."
SECTION 87. Section 22-2-50 of the 1976 Code is amended to read:
"Section 22-2-50. The State Election Commission Division of Elections shall annually provide the chief magistrate for administration of each county, at no cost, a precinct-by-precinct list of qualified electors residing within the county. The chief magistrate for administration of the county shall use such lists in preparing, for each Jury Area, a list of the qualified electors therein and shall forward these lists to the respective magistrates."
SECTION 88. Section 33-56-20(1)(b)(ii) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:
"(ii) a candidate for national, state, or local office or a political party or other group required to file information with the Federal Election Commission or State Election Commission."
SECTION 89. Section 48-11-100(B) of the 1976 Code, as last amended by Act 340 of 1996, is further amended to read:
"(B) The first directors of the watershed conservation district after the district has been created must be elected in a nonpartisan election conducted by the county election commission when county officers are elected in the general election. To be placed on the ballot each candidate shall submit to the county election commission a declaration of candidacy not later than noon, September 1, or if this date falls on a Saturday, Sunday, or a legal holiday, not later than noon the following Monday. If a watershed district lies in more than one county the required declaration of candidacy must be filed with the State Election Commission Division of Elections. This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided in this section. The five elected directors, under the general supervision of the board of commissioners of the soil and water conservation district, are the governing body of the watershed conservation district."
SECTION 90. The first paragraph of Section 56-1-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"The department may require every applicant to submit for identification purposes proof of name, Social Security number, and date and place of birth when applying for a driver's license. An applicant for a driver's license, driver's permit, or special identification card or a renewal thereof may sufficiently prove the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any reasonably reliable document containing the Social Security number. Such a document includes, but is not limited to, an official Social Security card, Social Security check, Social Security form SSA-1099, letter from the Social Security Administration, voter registration card, payroll stub, Federal W-2 form, or U.S. military identification card. The numbers may also be obtained from the Department of Revenue pursuant to Section 12-54-240(B)(7) which permits the Department of Revenue to submit taxpayer Social Security numbers to the department and to the State Election Commission Division of Elections."
SECTION 91. Section 61-6-2010(C)(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission Division of Elections. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'"
SECTION 1. Section 1-3-120 is amended to read:
"Section 1-3-120. In case of the removal, death, resignation or disability of both the Governor, and the Lieutenant Governor, the President of the Senate pro tempore shall perform the duties and exercise the powers of Governor until such disability shall have been removed or until the next general election, at which a Governor shall be elected by the electors duly qualified, as is prescribed by Section 3 of Article IV of the Constitution."
SECTION 2. Section 1-3-130 is amended to read:
"Section 1-3-130. In case of the disability, from whatever cause, of the Governor, the Lieutenant Governor, and the President of the Senate pro tempore, the Speaker of the House of Representatives shall perform the duties and exercise the powers of Governor, in like manner and upon like conditions as are prescribed by Section 1-3-120."
SECTION 3. 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 4. 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 5. Section 1-9-30 of the 1976 Code is amended to read:
"Section 1-9-30. In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, President pro tempore of the Senate, and the Speaker of the House of Representatives be for any of the reasons specified in the Constitution not able to exercise the powers and discharge the duties of the office of Governor, or be unavailable, the Secretary of State, State Treasurer, or Attorney General shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Governor."
SECTION 6. Section 1-11-425 of the 1976 Code is amended to read:
"Section 1-11-425. All agencies using appropriated funds shall print on the last page of all bound publications the following information:
(1) total printing cost,
(2) total number of documents printed, and
(3) cost per unit.
The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing, Information and Technology Systems, the presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this requirement documents published by their respective agencies. Agency publications which are produced for resale are also exempt from this requirement.
Publications of public relations nature produced by Parks, Recreation and Tourism and the Division of State Development are exempt from this requirement."
SECTION 7. Section 1-17-20 of the 1976 Code is amended to read:
"Section 1-17-20. The standing Committee on Interstate Cooperation of the Senate shall consist of five Senators. The members and chairman of this Committee committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. The Lieutenant Governor may serve ex officio as one of the five members of this Committee."
SECTION 8. Section 1-18-70 of the 1976 Code is amended to read:
"Section 1-18-70. All recommendations formulated by the commission must be based upon evidence gathered by the commission in public hearings from testimony submitted orally or in writing by interested parties including the commission and upon evidence compiled by the commission in studies conducted by the commission. The recommendations of the commission must be made in writing and delivered to the chairman of the subcommittee of the standing committee of the House or the Senate to which a bill proposing to regulate an occupation has been referred. Copies of the commission's recommendations must also be delivered to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor. Copies of the commission's recommendations must be mailed to any person who has made a request concerning occupational regulation that was considered by the commission. If the commission recommends no changes with respect to the regulation of an occupation, the commission shall notify by mail any person who has requested that regulations or changes be recommended."
SECTION 9. Section 1-23-125(B) and (D) of the 1976 Code are amended to read:
"(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall 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 President of the Senate, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently; or
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(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 President of the Senate or the Speaker of the House of Representatives."
SECTION 10. Section 1-30-10(C), (F), (G), and (H) of the 1976 Code are amended to read:
"(C) Each department shall be organized into appropriate divisions subdivisions by the governing authority of the department through consolidation or further subdivision. The power to organize and reorganize the department into divisions lies with the General Assembly in furtherance of its mandate pursuant to Article XII of the South Carolina Constitution. supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the 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.
(F)(1) In the event a vacancy should occur occurs in the office of department director at a time when the General Assembly is not in session, the Governor may temporarily fill the vacancy pursuant to Section 1-3-210.
(2) Notwithstanding the provisions of Subitem 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 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 The Governor shall must periodically consult with the governing authorities of the various departments and upon such consultation, the Governor shall must submit also 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.
(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 11. Section 2-3-20 of the 1976 Code is amended to read:
"Section 2-3-20. Members of the General Assembly shall annually receive as compensation for their services such sum as may be provided by law and mileage at the rate provided for by law for the actual distance traveled in the most direct route going to and returning from their homes on weekend adjournments of the General Assembly at the place where the sessions of the General Assembly are held. The terms of this provision shall be subject to limitations imposed by the State Constitution.
The President of the Senate, the President pro tempore of the Senate, the Speaker of the House, and the Speaker pro tempore of the House shall receive, in addition, such amounts as may annually appear be provided for in the State appropriation act."
SECTION 12. Section 2-3-30 of the 1976 Code is amended to read:
"Section 2-3-30. Except for legislative days which, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall be paid fifty ($50.00) dollars subsistence expenses for each legislative day. Provided, such subsistence allowance shall be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day."
SECTION 13. Section 2-3-75 of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:
"Section 2-3-75. The Office of Legislative Printing, Information and Technology Systems (LPITS) is established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the clerks, with funds as may be authorized by the General Assembly. The Office of Legislative Printing, Information and Technology Systems has the following authority and duties:
(1) The Office of Legislative Printing, Information and Technology Systems shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The director of LPITS, with the approval of the clerks shall contract for all legislative printing requirements not otherwise provided for by law. LPITS shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).
(2) Any materials which have been printed or paid for under the LPITS printing contract may be sold to other state agencies and private persons. All funds received for this service must be deposited in the state treasury to the credit of the general fund of the State. Before any funds are paid into the state treasury, all necessary expenses incurred by the Office of LPITS in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITS. Payment for these expenses may be made on order of the Director of Legislative Printing, Information and Technology Systems and approval of the Clerks of the House and Senate.
(3) Legislative Printing, Information and Technology Systems may sell by means of electronic transmission or by other means as it considers appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code. This sale is with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."
SECTION 14. Chapter 3, Title 2 of the 1976 Code is amended by adding:
"Section 2-3-77. (A) On the second Tuesday in January of each year, the President of the Senate shall appoint a President Pro Tempore to preside in the absence of the President. The President or President Pro Tempore, whoever may be presiding at the time, may name a member to preside, but such substitution shall not extend beyond that days' adjournment. In the absence of the President or President Pro Tempore for more than one day, the Senate may elect a President Pro Tempore to serve until the return of the President or President Pro Tempore.
(B) The President Pro Tempore serves as the pleasure of the President."
SECTION 15. Section 2-3-90 of the 1976 Code, as amended is amended to read:
"Section 2-3-90. The Senate and House of Representatives shall also, at the same time, each for itself elect a reading clerk, a sergeant at arms, and an assistant sergeant at arms. Should If a vacancy occur occurs in the sergeant at arms or assistant sergeant at arms while the General Assembly is not in session, the Lieutenant Governor President of the Senate or the Speaker of the House is authorized to appoint for their respective Houses a sergeant at arms or assistant sergeant at arms until the convening of the next General Assembly."
SECTION 16. Section 2-3-105(A)(4) of the 1976 Code, as added by Act 356 of 2002, is further amended to read:
"(4) those designated by the President Pro Tempore of the Senate or the Speaker of the House of Representatives."
SECTION 17. Section 2-3-130 of the 1976 Code is amended to read:
"Section 2-3-130. There shall be appointed by the Clerk of the Senate at the commencement of the first session of every term of the General Assembly for the Senate:
(1) By the presiding officer of the Senate the secretary to the president, the secretary between sessions, the pages, the postmistress, a telephone page, three doorkeepers, and a keeper of the president's office;
(2) By the clerk of the Senate an assistant clerk, the general desk clerks, the bill clerks, the journal clerks, the general committee clerks, the committee sergeant, the amendment clerks, the assistant amendment clerks, the attendants and the laborers other such personnel;
(3) By the chairman of the finance committee two stenographers, a clerk and a keeper of the finance committee room;
(4) By the chairman of the judiciary committee the stenographers and a keeper of the judiciary committee room; and
(5) By the chairman of other committees the general committee stenographers as specified in the general appropriation bill."
SECTION 18. Section 2-15-10 of the 1976 Code is amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. If one of the seats of the council becomes vacant, a successor must be elected in the same manner used to fill the seat, and shall serve the remainder of the unexpired term; however, the Governor may fill a vacancy by appointment with the advice and consent of the Senate until a successor is elected by the General Assembly for the remainder of the unexpired term. If one of the seats on the council becomes vacant when the General Assembly is not in session, the Governor may fill the vacancy pursuant to Section 1-3-210 until an election is held during the next ensuing legislative session.
The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees, and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
SECTION 19. Item (b) of Section 2-15-60 of the 1976 Code is amended to read:
"(b) To conduct audits, if authorized by the council, upon request of the General Assembly or either of its respective bodies, a standing committee, the Speaker of the House, the President Pro Tempore of the Senate, or not less than five members of the General Assembly, and to submit a report containing its findings and recommendations to the requesting entity or persons and to any member of the General Assembly who may request a copy."
SECTION 20. Section 2-17-90(A) of the 1976 Code, as lasted amended by Act 76 of 2003, is further amended to read:
"(A) Except as otherwise provided under Section 2-17-100, no lobbyist's principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except for:
(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House for functions involving the House and the President of the Senate for functions involving the Senate may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences;
(2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;
(3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;
(4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;
(5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;
(6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:
(a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;
(b) any statewide constitutional officer, in the case of himself or any of his employees;
(c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or
(d) the Speaker of the House, in the case of a member of the House of Representatives or its employees.
(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 21. Section 2-17-100 of the 1976 Code is amended to read:
"Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.
If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases."
SECTION 22. Section 2-19-10(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) five members appointed by the Speaker of the House of Representatives and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public."
SECTION 23. Section 2-41-70 of the 1976 Code is amended to read:
"Section 2-41-70. The members of the committee are entitled to receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. These expenses must be paid from approved accounts of their respective appointing authority. All other costs and expenses of the committee must be paid in equal proportion by the Senate, the House of Representatives, and the Office of the Governor, but only after the expenditures have been approved in advance by the President Pro Tempore of the Senate, the Speaker of the House, and the Governor."
SECTION 24. Section 2-59-10 of the 1976 Code is further amended to read:
"Section 2-59-10. There is hereby created a permanent Senate Operations and Management Committee composed of nine members of the Senate appointed by the President Pro Tempore of the Senate whose duties shall include, but not be limited to, the following:
1. management of the L. Marion Gressette Building with authority to formulate and implement policies and procedures for the effective utilization of personnel, equipment, and space within the building;
2. develop and implement policies for a Senate Personnel Plan which shall include:
(a) establishment of policies and procedures for the employment and dismissal of Senate employees;
(b) establishment of guidelines for the effective management and supervision of Senate employees; and
(c) review requirements and needs of members and committees of the Senate for staff support.
The personnel policies and procedures established by the committee shall be the controlling policies and procedures for management of Senate personnel.
In furtherance of the requirements of this section the committee is authorized to continue work during the interim to secure such information and make such investigations as it may deem consider necessary. The members shall be paid the regular per diem, mileage, and subsistence allowance provided by law to be paid from approved accounts of the Senate."
SECTION 25. Section 2-69-20 of the 1976 Code is amended to read:
"Section 2-69-20. Every joint study committee created by act or resolution of the General Assembly, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is, by majority vote of the committee, authorized to request a standing committee of the Senate or House of Representatives to issue subpoenas and subpoenas duces tecum on behalf of the joint study committee to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. The committee shall have the right to receive the subpoenaed evidence in executive session. The committee must seek instructions from the President Pro Tempore of the Senate and the Speaker of the House of Representatives as to which standing committee shall issue the subpoena. The standing committee which issues a subpoena on behalf of a joint study committee must comply with the procedures prescribed Section 2-69-40."
SECTION 26. Section 2-69-40 of the 1976 Code is amended to read:
"Section 2-69-40. Subpoenas and subpoenas duces tecum may only be issued upon a majority vote of the members of the committee, must be issued in the name of the committee, and must be signed by the committee chairman or the presiding officer who may administer oaths to witnesses. Subpoenas and subpoenas duces tecum which are issued for a joint study committee of the General Assembly must be co-signed by both the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Subpoenas and subpoenas duces tecum which are issued by a standing committee of the Senate must be co-signed by the President Pro Tempore of the Senate. Subpoenas and subpoenas duces tecum which are issued by the House of Representatives must be co-signed by the Speaker of the House of Representatives. If the President Pro Tempore of the Senate refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be co-signed by the President Pro Tempore of the Senate may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the Senate present and voting. If the Speaker of the House of Representatives refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be co-signed by the Speaker of the House of Representatives may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the House of Representatives present and voting. In determining whether or not to co-sign the subpoena or subpoena duces tecum, the President Pro Tempore of the Senate or the Speaker of the House of Representatives must conclude that:
(1) The information sought by the subpoena is within the scope of the committee's jurisdiction;
(2) The information is relevant to a legitimate legislative purpose;
(3) The nature of the information sought is as clearly described as possible in the subpoena or the authorizing resolution;
(4) The subpoena does not intrude impermissibly upon civil liberties;
(5) The revelation of the information subpoenaed would not unduly intrude into the decision-making processes of other branches of government; and
(6) A subpoena issued to a local government does not violate the provisions of Articles VII and VIII of the Constitution of South Carolina, 1895, and Title 4 of the Code of Laws of South Carolina, 1976."
SECTION 27. 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 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 28. Section 2-75-10 of the 1976 Code, as added by Act 356 of 2002, is amended to read:
"Section 2-75-10. There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore of the Senate, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore of the Senate, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore of the Senate, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the Budget and Control Board, which shall include an audit performed by an independent auditor."
SECTION 29. Section 6-4-35(A) of the 1976 Code is amended to read:
"(A) There is established the Tourism Expenditure Review Committee consisting of nine members as follows:
(1) one member appointed by the Speaker of the House;
(2) one member appointed by the President Pro Tempore of the Senate;
(3) the Director of the South Carolina Department of Parks, Recreation and Tourism, or his designee, ex officio;
(4) six members appointed by the Governor as follows:
(a) one member on the recommendation of the South Carolina Association of Tourism Regions;
(b) one member on the recommendation of the South Carolina Association of Convention and Visitors Bureaus;
(c) one member on the recommendation of the South Carolina Travel and Tourism Coalition;
(d) one member on the recommendation of the Municipal Association of South Carolina;
(e) one member on the recommendation of the South Carolina Association of Counties; and
(f) one member on the recommendation of the Hospitality Association of South Carolina.
Appointed members shall serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed by the Governor, four shall serve for a term of two years and the term must be noted on the appointment. Regardless of the date of appointment, all terms expire July first of the applicable year. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term."
SECTION 30. Section 7-5-10 of the 1976 Code is 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 Division of Elections 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 Division of Elections. 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 31. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. If a party nominates candidates by conventions, the state convention shall nominate the party's candidate candidates for Governor, and Lieutenant Governor, and all other statewide officers and United States Senators, members of Congress, and circuit solicitors, and the county conventions shall nominate the party's candidates for all county offices. No convention shall make nominations for candidates for offices unless the decision to use the convention method is reached by a three-fourths vote of the total membership of the convention, except the office of state Senator and of member of the House of Representatives. The nomination of the party's candidates for the office of the state Senator and of member of the House of Representatives must be made in the manner determined by the state committee. If a party determines that nomination for the office of state Senator and of member of the House of Representatives must be by convention, these nominations must be made by the state convention. No convention shall make nominations for one or more offices at the convention and order primaries for other offices to be filled during the same election year. Conventions for political parties not nominating candidates in primaries may be called by state and county committees on other dates than those given in this title for conventions after three weeks' published notices of the calls. Any political party nominating candidates by party convention shall nominate the party candidates and make the nominations public not later than the time for certifying candidates to the authority charged by law with preparing ballots for the general or special election."
SECTION 32. Section 7-17-10 of the 1976 Code, as amended by Act 261 of 2002, is further amended to read:
"Section 7-17-10. The commissioners of election for Governor, and Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as the county board of canvassers. They The county board of canvassers may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION 33. Section 8-13-540(3) of the 1976 Code is amended to read:
"(3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in Section 8-13-1170 has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall must dismiss the charges."
SECTION 34. Section 8-13-715 of the 1976 Code is amended to read:
"Section 8-13-715. A public official, public member, or public employee acting in an official capacity may shall not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official, public member, or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official, public member, or public employee is associated.
If the expenses are incurred out of state, the public official, public member, or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
SECTION 35. Section 9-16-90 of the 1976 Code is amended to read:
"Section 9-16-90. (A) The trustees shall provide investment reports at least quarterly during the fiscal year to the panel, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.
(B) In addition to the quarterly reports provided in subsection (A), the trustees shall provide an annual report to the panel, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President Pro Tempore of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:
(1) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;
(2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and
(4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible.
These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law."
SECTION 36. Section 10-1-40 of the 1976 Code is amended to read:
"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 President of the Senate, 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."
SECTION 37. Section 11-43-140 of the 1976 Code is amended to read:
"Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term."
SECTION 38. Section 14-3-40 of the 1976 Code is amended to read:
"Section 14-3-40. All vacancies in the Supreme Court shall be filled by elections as herein prescribed; provided however, that if the unexpired term does not exceed one year, such the vacancy may be filled by executive appointment of the Governor with the advice and consent of the Senate, until such time as candidates are screened pursuant to Section 2-19-10 et seq. and a successor is elected by the General Assembly in joint session. If a 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. When a vacancy is so filled by either appointment or election, the incumbent person elected or appointed shall hold only for the unexpired term of his predecessor."
SECTION 39. Section 14-5-160 of the 1976 Code is amended to read:
"Section 14-5-160. (A) Whenever any circuit court judge, pending his assignment to hold the courts of any circuit, shall is die, resign, be disabled by illness or be temporarily excused for any other reason considered sufficient in the opinion of the Chief Justice of the Supreme Court or in case of a vacancy in the office of circuit judge of any circuit, or if a special session of the court of general sessions or common pleas be is ordered as provided for in Sections 14-5-910 to 14-5-950, the Chief Justice of the Supreme Court may assign any other disengaged circuit court judge to hold the courts of any such circuit, to fill any appointment made necessary by such vacancy or to hold any special session of the circuit court that may be ordered by the Chief Justice.
(B) In cases where a circuit court judge dies, resigns, or must otherwise vacate his office, a successor to fill the unexpired term must be elected by the General Assembly in joint session; however, if the unexpired term does not exceed one year, the Governor, with advice and consent of the Senate, may fill the vacancy until an election can be held to elect a successor."
SECTION 40. Section 14-8-60 of the 1976 Code is amended to read:
"Section 14-8-60. All vacancies in the Court of Appeals shall be filled in the manner of original election; provided however, that if the unexpired term does not exceed one year, such the vacancy may be filled by executive appointment the Governor with the advice and consent of the Senate, until such time as candidates are screened pursuant to Section 2-19-10 et seq. and a successor is elected by the General Assembly in joint session. 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. When a vacancy is filled, either by election or appointment, the judge selected shall hold office only for the unexpired term of his predecessor."
SECTION 41. Item (8) of Section 14-27-20 of the 1976 Code is amended to read:
"(8) the Lieutenant Governor President of the Senate or his designee;"
SECTION 42. Section 14-27-30 of the 1976 Code is amended to read:
"Section 14-27-30. The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit judges; the two family court judges; the two probate judges; the two judges of the magistrates' magistrates courts; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; and the six remaining members of the Judicial Council.
The Lieutenant Governor President of the Senate, the Speaker of the House or their designees, the chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina Bar serve ex officio."
SECTION 43. Item (2) of Section 14-27-40 of the 1976 Code is amended to read:
"(2) The Lieutenant Governor President of the Senate, Speaker of the House or their designees, and the chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers."
SECTION 44. Section 14-27-80 of the 1976 Code is amended to read:
"Section 14-27-80. The duties performed by the Chief Justice of the Supreme Court, or other member of that court designated by him, by the circuit judges, inferior court judges, and probate judges, by members of the legal department of the State, and by the Lieutenant Governor President of the Senate, Speaker of the House, legislative members, director Director of the Legislative Council and dean Dean of the Law School of the University of South Carolina shall be performed as a part of the duties of their respective offices."
SECTION 45. 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 46. Section 20-7-9710 of the 1976 Code is amended to read:
"Section 20-7-9710. There is created the South Carolina First Steps to School Readiness Board of Trustees which must be chaired by the Governor and must include the State Superintendent of Education who shall serve as ex officio voting members of the board. The board is composed of the twenty appointed, voting members as follows:
(A) The Governor shall appoint two members from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators;
(d) medical or child care and development providers; and
(e) the General Assembly, one member from the Senate and one member from the House of Representatives.
(B) The President Pro Tempore of the Senate shall appoint one member from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators; and
(d) medical or child care and development providers.
(C) The Speaker of the House of Representatives shall appoint one member from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators; and
(d) medical or child care and development providers.
(D) The Chairman of the Senate Education Committee or his designee.
(E) The Chairman of the House Education and Public Works Committee or his designee.
(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 Bureau of Health and Environmental Control Programs or his designee;
(c) Department of Health and Human Services or his designee;
(d) Department Office of Mental Health or his designee;
(e) Department Office of Disabilities and Special Needs or his designee;
(f) Department Office 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.
(G) The following organizations shall designate one member to serve as an ex officio nonvoting member:
(a) South Carolina State Library;
(b) Transportation Association of South Carolina; and
(c) State Advisory Committee on the Regulation of Child Day Care Facilities.
The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall designate half of their appointments to serve two-year terms only. The appointments of the members from the General Assembly shall be coterminous with their terms of office.
Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the First Steps to School Readiness Board of Trustees must be made annually to the General Assembly and the State Auditor."
SECTION 47. 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 48. Section 24-22-150 of the 1976 Code is amended to read:
"Section 24-22-150. The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.
During periods when the offender management system is in operation and either the South Carolina Department of Corrections and Probation or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted the director shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State."
SECTION 49. 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 50. 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 51. 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 bureau;
(b) one representative of the Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau 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 52. Section 48-59-40(A)(4) of the 1976 Code is amended to read:
"(4) three members appointed by the President Pro Tempore of the Senate, one each from the first, second, and fifth congressional districts."
SECTION 53. Section 51-13-720 of the 1976 Code is amended to read:
"Section 51-13-720. Members of the authority must be appointed by the Governor as follows: one upon the joint recommendation of the Chairman of the House Ways and Means Committee and the Speaker of the House, one upon the joint recommendation of the Chairman of the Senate Finance Committee and the President Pro Tempore of the Senate, and three to be appointed by the Governor. The Governor shall appoint the chairman. The terms of the members are for four years and until their successors are appointed and qualify. Members may succeed themselves. Vacancies must be filled in the same manner of the original appointment for the remainder of the unexpired term."
SECTION 54. Section 51-18-40 of the 1976 Code is amended to read:
"Section 51-18-40. There is created a War Between the States Heritage Trust Commission which must consist of nine members. Three members must be appointed from the Senate by the President Pro Tempore of the Senate; three members must be appointed from the House of Representatives by the Speaker of the House; and three members must be appointed by the Governor with the advice and consent of the Senate, one at the recommendation of War Between the States historical groups such as Sons of Confederate Veterans and Daughters of the Confederacy, one at the recommendation of African-American historical groups such as Avery Institute, and one from historical, preservation, and archeological groups such as the South Carolina Historical Society and Daughters of the American Revolution. The terms of the members shall be coterminous with the term of their appointing authority. The commission shall elect a chairman from among its membership and such other officers as it shall deem considers necessary."
SECTION 55. Section 51-18-115 of the 1976 Code is amended to read:
"Section 51-18-115. There is created the War Between the States Heritage Preserve Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain and no funds may be expended to acquire interest in property without the approval of a majority of the War Between the States Heritage Trust Commission. The commission shall report by letter to the Speaker of the House of Representatives and the President Pro Tempore of the Senate not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied. The trust fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any War Between the States Heritage Preserve acquired under this section, or products of the preserve such as timber, utility easement rights, and the like, accrue to the fund."
SECTION 56. 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 57. Section 54-7-100 of the 1976 Code is amended to read:
"Section 54-7-100. A committee of nine members There is hereby created the 'Hunley Commission' which shall be appointed composed of nine members, three of whom must be members of the House of Representatives to be appointed by the Speaker, three of whom must be members of the Senate to be appointed by the President Pro Tempore of the Senate, and three members to be appointed by the Governor. The committee commission shall make a study of the law regarding the rights to the salvage of the Hunley and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee commission is authorized to negotiate with appropriate representatives of the United States government concerning the recovery, curation, siting, and exhibition of the H.L. Hunley. Provided however, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law, and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with. With respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be are vested in the Hunley Commission; and provided further, that with respect to the Hunley project, that the Hunley Commission shall be is exempt from compliance with the provisions of Chapter 35 of Title 11. However, the committee commission may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement.
The committee commission shall make recommendations regarding the appropriate method of preservation of this historic vessel, and is also authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the State against claims regarding this vessel. The committee commission shall submit a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley to the General Assembly for its review and approval.
The committee commission members shall not receive the subsistence, mileage, and per diem as may be provided by law for members of boards, committees, and commissions."
SECTION 58. Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20. The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven-member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1990 2000. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven-member commission.
In the event of a vacancy on the Commission when the General Assembly is in session, the Governor may appoint, subject to the advice and consent of the Senate, a person to fill the vacancy until such time as candidates may be screened pursuant to Section 2-19-10 et seq. and an election can be held by the House of Representatives and the Senate in joint assembly. In the event of a vacancy on the Commission when the General Assembly is not in session, the Governor may appoint a person to fill the vacancy pursuant to Section 1-3-210 until the next ensuing session of the General Assembly during which time an election must be held to fill the unexpired term."
SECTION 59. Section 58-3-26 of the 1976 Code is amended to read:
"Section 58-3-26. Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a joint committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom shall be appointed by the President Pro Tempore of the Senate from the general public at-large, and two of whom shall be appointed by the Speaker of the House of Representatives from the general public at-large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however However, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary vice-chairman, and such other officers as it may deem consider desirable. The joint committee shall conduct its screening pursuant to the provisions of Section 2-19-10 et seq.
The members of the general public appointed by the Speaker and the President Pro Tempore of the Senate must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission.
In screening such persons for election to the Public Service Commission, the joint committee shall must seek to establish a commission which shall be is broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and experience of the potential appointees in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs, and finance. In making its findings the joint committee shall must seek to find the best qualified people giving due consideration to their ability and integrity."
SECTION 60. Section 58-3-30 of the 1976 Code is amended to read:
"Section 58-3-30. The commissioners shall must take the oath of office provided by the Constitution and the oaths prescribed by law for State officers. The Governor may fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly."
SECTION 61. Section 58-9-2220 of the 1976 Code is amended to read:
"Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed three-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The business license tax levied by a municipality upon retail telecommunications services for the year 2004 and every year thereafter shall not exceed the business license tax rate as established in Section 58-9-2220(2). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2)(a) The maximum business license tax that may be levied by a municipality on the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality for a business license tax year beginning after 2003 is the lesser of seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services or the maximum business license tax rate as calculated by the Board of Economic Advisors pursuant to subsection (b). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(b) The Board of Economic Advisors from the appropriate municipal records shall determine actual total municipal revenues from business license taxes, franchise fees, and other fees contractually imposed on the sale of telecommunications services and received from telecommunications companies in 1998, and actual total revenues received by municipalities in 1999, 2000, 2001, 2002, and 2003 from such taxes and fees imposed on the gross income derived from the sale of retail telecommunications services. The board shall determine an annual average growth rate applicable to such revenues by averaging the annual growth rates applicable to these revenues for 1999-2000, 2000-2001, 2001-2002, and 2002-2003, and shall apply that average growth rate to the 1998 actual revenues compounded annually to derive an estimated 2004 total revenue. The tax rate to be calculated by the board is the fraction produced by dividing the 2004 estimated revenue as determined above by gross income in 2003 derived from the sale of retail telecommunications services in municipalities in this State.
(c) If the maximum business license tax rate that may be levied by a municipality on retail telecommunications services, as determined by the Board of Economic Advisors, is calculated or determined to exceed seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services, a joint telecommunications study committee shall review the maximum business license tax calculation, as determined by the Board of Economic Advisors, and verify the maximum business license tax calculation. Upon verification of the maximum business license tax calculation, the joint telecommunications study committee must sponsor a joint resolution to allow a municipality to levy the maximum business license tax rate greater than seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunications services.
(d) The joint telecommunications study committee shall consist of six members of the General Assembly: three Senators appointed by the President Pro Tempore of the Senate and three Representatives appointed by the Speaker of the House. The joint telecommunications study committee shall utilize the staff and resources of the Labor, Commerce and Industry Committee of the House of Representatives and the Judiciary Committee of the Senate. The joint telecommunications study committee is authorized to verify the maximum business license tax rate determined by the Board of Economic Advisors.
(3) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(4) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(5) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(6) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality."
SECTION 62. Section 59-6-10 of the 1976 Code is amended to read:
"Section 59-6-10. (A) In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Education Accountability Act and the Education Improvement Act of 1984, the Education Oversight Committee is to serve as the oversight committee for these acts. The Education Oversight Committee shall:
(1) review and monitor the implementation and evaluation of the Education Accountability Act and Education Improvement Act programs and funding;
(2) make programmatic and funding recommendations to the General Assembly;
(3) report annually to the General Assembly, State Board Superintendent of Education, and the public on the progress of the programs;
(4) recommend Education Accountability Act and EIA program changes to state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the Education Accountability Act and the Education Improvement Act funded programs shall submit to the Education Oversight Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Education Oversight Committee.
The committee consists of the following persons:
(1) Speaker of the House of Representatives or his designee;
(2) President Pro Tempore of the Senate or his designee;
(3) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
(4) Chairman of the Education Committee of the Senate or his designee;
(5) Governor or his designee;
(6) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
(7) Chairman of the Finance Committee of the Senate or his designee;
(8) State Superintendent of Education or the superintendent's designee who shall be an ex officio nonvoting member;
(9) five members representing business and industry who must have experience in business, management, or policy to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee; and
(10) five members representing public education teachers and principals to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.
Initial appointment must be made by July 31, 1998, at which time the Governor or his designee shall call the first meeting. At the initial meeting, a chairman elected from the members representing the business and industry appointees and a vice chairman representing the education members shall be elected by a majority vote of the committee. The members appointed pursuant to items (1) through (8) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the committee must be coterminous with their terms of office as Governor, Superintendent of Education, or members of the General Assembly.
(B) The terms of office of the members of the Education Oversight Committee, except for the legislative members, Governor, and State Superintendent of Education, are four years and until their successors are appointed and qualify except of those first appointed the terms must be staggered as follows:
(1) initial terms of two years shall be served by the two members of the business and industry community appointed by the chairmen of the Education Committees;
(2) initial terms of three years shall be served by the members of the education community appointed by the President Pro Tempore of the Senate and the Speaker of the House; and
(3) all other voting members shall serve initial four-year terms. The terms of chairman and vice chairman shall be two years. At the end of each two-year term, an election must be held for the chairmanship and vice chairmanship by majority vote of the members attending with quorum present. No member shall serve more than four consecutive years as chairman or vice chairman.
Members of the committee shall meet no less than once a quarter, and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The staff positions of the Education Oversight Committee and the people presently in those positions initially shall be transferred to the Education Oversight Committee as administrative staff to carry out its functions."
SECTION 63. Section 59-150-40 of the 1976 Code is amended to read:
"Section 59-150-40. (A) The commission is governed by a board composed of nine members to be appointed as follows: three members must be appointed by the Governor, three members must be appointed by the President Pro Tempore of the Senate, and three members must be appointed by the Speaker of the House of Representatives.
(B) A member must:
(1) be a resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, as provided in Section 24, Article III of the Constitution of this State and Section 2-1-100, for at least one year before appointment.
(C) In making appointments to the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.
(D) The members shall serve terms of three years, except that of the initial appointments the Governor shall appoint two members, each to serve a two-year term, and one member to serve a four-year term; the Speaker of the House of Representatives shall appoint three members, each to serve a two-year term, coterminous with the Speaker; and the President Pro Tempore of the Senate shall appoint three members, each to serve an initial four-year term. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
(E) A member shall not serve on the board if he is an officer or employee of the commission or if he has an immediate family member employed by the commission.
(F) A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.
(G) The board shall elect from their membership officers of the board, including the chair.
(H) The board may delegate to any one or more of its members or to the executive director of the commission those powers and duties it considers proper.
(I) A majority of members in office or at least five members, whichever is greater, constitutes a quorum for the transaction of business and for the exercise of a power or function of the commission.
(J) Action may be taken and motions and resolutions adopted by the board at a board meeting by affirmative vote of a majority of present and voting board members. This subsection does not relieve exempt the board from the requirements of the South Carolina Freedom of Information Act.
(K) A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.
(L) A member of the board 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). A member of the board who violates this section must be summarily dismissed.
(M) A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C)."
SECTION 64. Section 59-150-320 of the 1976 Code is amended to read:
"Section 59-150-320. To ensure the financial integrity of the lottery, the commission, through its board, shall:
(1) submit quarterly and annual reports to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the Comptroller General, the State Treasurer, and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, and the oversight committee created by Section 59-150-325 disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the commission during the reporting period. The annual report additionally must describe the organizational structure of the commission, summarize the functions performed by each organizational division within the commission, and contain a detailed budget for the next fiscal year. The quarterly reports must be submitted within fifteen days of the end of the quarter, and the annual report must be submitted by October fifteenth;
(2) adopt a system of internal audits;
(3) maintain weekly or more frequently records of lottery transactions including the distribution of lottery game tickets or shares to a lottery retailer, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the commission;
(4) authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the commission. The State Auditor may at any time conduct an audit of any phase of the operations of the commission at the expense of the State and shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the commission's fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Comptroller General, and the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, and the oversight committee co-chairmen;
(5) submit, for informational purposes only, to the Office of State Budget of the Budget and Control Board and the State Auditor by June thirtieth of each year a copy of the annual operating budget for the commission for the next fiscal year. This annual operating budget must be approved by the South Carolina Lottery Commission Board;
(6) submit, for informational purposes only, to the Office of State Budget on November tenth of each year a proposed operating budget for the commission for the upcoming fiscal year; this budget proposal also must be accompanied by an estimate of the net proceeds to be deposited into the Education Lottery Account during the upcoming fiscal year;
(7) adopt the same fiscal year as that used by state government; and
(8) authorize the Legislative Audit Council to contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation."
SECTION 65. Section 59-150-325 of the 1976 Code is amended to read:
"Section 59-150-325. (A)(1) There is created as a committee, the South Carolina Education Lottery Oversight Committee, to be composed of twelve members. The members of the committee must be appointed as follows: the Speaker of the House of Representatives appoints three members, one of whom must be the Chairman of the House Education and Public Works Committee; the President Pro Tempore of the Senate appoints three members, one of whom must be the Chairman of the Senate Education Committee; the Chairman of the South Carolina Commission on Higher Education appoints three members; and the Chairman of the South Carolina Education Oversight Committee appoints three members. The Speaker of the House of Representatives and the President Pro Tempore of the Senate must each appoint one co-chairman from the membership of the South Carolina Education Lottery Oversight Committee. The oversight committee must periodically, but at least annually, inquire into and review the operations of the commission and review and evaluate the success with which the commission is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee must also hold an annual public hearing and may conduct an independent audit or investigation of the commission as necessary.
(2) The South Carolina Education Lottery Oversight Committee may initiate and propose changes in the laws of this State so as to prevent abuses and evasions of this chapter or its regulations or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(3) If the funds available for distribution pursuant to Section 59-150-350 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and, upon conclusion of their investigation, report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the executive director, the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The investigation must be completed and the reports delivered to the appropriate officials within one hundred and eighty days of the end of the fiscal year for the shortfall.
(B) No later than December first of each year, the commission must provide to the oversight committee a complete report of the level of participation of minority businesses in all retail and procurement contracts awarded by the commission.
(C) No later than December first of each year for the first five years the lottery is operational, the commission must provide to the oversight committee a complete report of a demographic analysis of lottery players. The commission must employ an independent firm experienced in demographic analysis to conduct the demographic study of lottery players. Data may be collected through surveys, but must not be collected from players at the time of purchase or point of sale. The report must include the income, age, sex, education, and frequency of participation of players. The first report conducted pursuant to this section must be initiated no later than six months after the first sale of a ticket to a player pursuant to this chapter.
(D) The board must report to the Lottery Oversight Committee any matters it considers require an immediate change in the laws of this State so as to prevent abuses and evasions of this chapter or rules and regulations promulgated pursuant to it or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(E) The board must advise and make recommendations to the executive director regarding the functions and operations of the lottery. A copy of all those recommendations must be forwarded to the Lottery Oversight Committee."
SECTION 66. Section 59-152-160(A) of the 1976 Code is amended to read:
"(A) The South Carolina First Steps to School Readiness Board of Trustees shall establish internal evaluation policies and procedures for County First Steps Partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Office of First Steps to School Readiness shall provide targeted assistance and/or the South Carolina First Steps to School Readiness Board of Trustees may terminate the grant. In addition, a program evaluation of the First Steps to School Readiness initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the South Carolina First Steps to School Readiness Board of Trustees. However, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps Board, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House. These committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. The first report shall must be provided no later than January 1, 2003."
SECTION 67. Sections 14-5-170, 14-5-200, and 14-5-220 of the 1976 Code are repealed.
SECTION 68. Sections 1-3-120, 1-3-130, 1-9-30, 1-11-425, 1-18-70, 2-3-20, 2-3-30, 2-3-75, 2-3-77, 2-3-105(A)(4), 2-15-60(b), 2-17-90(A), 2-17-100, 2-19-10(B), 2-41-70, 2-59-10, 2-69-20, 2-69-40, 2-75-10, 6-4-35(A), 7-11-30, 7-17-10, 8-13-540(3), 8-13-715, 9-16-90, 11-43-140, 20-7-9710, 24-22-150, 44-128-50(B), 48-59-40(A), 51-13-720, 51-18-40, 51-18-115, 54-7-100, 58-3-26, 58-9-2220, 59-6-10, 59-150-40, 59-150-320, 59-150-325, 59-152-160(A) of the 1976 Code are repealed effective upon ratification of (1) an amendment providing that the Senate shall elect its President every four years (Article III, Section 37) and (2) the ratification of the repeal of Article IV, Sections 9 and 10.
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; except that the provisions for appointment of the Secretary of State, Superintendent of Education, Adjutant General, and Comptroller General by the Governor, upon the advice and consent of the Senate, and the existence of the departments of Secretary of State, Education, Adjutant General, and Comptroller General as executive branch departments the heads of which are appointed by the Governor, are not effective until the expiration of the term of those officers serving in office on the date of the ratification of the constitutional amendment providing for the appointment of those officers by the Governor. The provisions relating to abolishment of the State Board of Education are effective upon ratification of the constitutional amendment abolishing the State Board upon the appointment of the Superintendent of Education by the Governor.
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