Copyright and Disclaimer
The State of South Carolina owns the copyright to the Code of Laws of South Carolina, 1976, as contained herein. Any use of the text, section headings, or catchlines of the 1976 Code is subject to the terms of federal copyright and other applicable laws and such text, section headings, or catchlines may not be reproduced in whole or in part in any form or for inclusion in any material which is offered for sale or lease without the express written permission of the Chairman of the South Carolina Legislative Council or the Code Commissioner of South Carolina.
This statutory database is current through the 2000 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2001 General Assembly, which will convene in January 2001, will be incorporated as soon as possible. Some changes enacted by the 2001 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
The Legislative Council by law is charged with compiling and publishing the 1976 Code and it is maintained in a database which may be accessed for commercial purposes by contacting the Legislative Council or the office of Legislative Printing, Information and Technology Resources.
Title 1 - Administration of the Government
JURISDICTION AND BOUNDARIES OF STATE
Jurisdiction and boundaries of the State.
The sovereignty and jurisdiction of this State extends to all places within its bounds, which are declared to be as follows:
The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33° 51' 07.8792"' N., longitude 78° 32' 32.6210"' W., at latitude 33° 51' 36.4626"' N., longitude 78° 33' 06.1937"' W., and at latitude 33° 51' 50.7214"' N., longitude 78°33' 22.9448"' W., (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2° 12 1/2 ' E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked "S. C. and N. C., September 15th, 1815"; thence from said stone set up and marked "S. C. and N. C., September 15, 1815" west four miles and ninety poles to a stone marked "S. C. and N. C."; thence S. 25° W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1815) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked "S. C. and N. C., September 28th, A.D. 1815"; thence along the various courses of said ridge, agreeably to said plat and survey, to latitude 35° 05' 07.96924"' N. and longitude 082° 47' 01.49862"' W., North American Datum 1983-86 (NAD 83-86), marked by the "•" inside a triangle on a brass disk stamped with "BLACKBURN, 1996, NORTH CAROLINA, SOUTH CAROLINA, STATE BOUNDARY LINE" and set in a concrete monument; thence from said point following a geodetic line to latitude 35° 00' 04.88130"' N. and longitude 083° 06' 30.84455"' W., NAD 83-86, marked by the "+" in the inscription "LAT 35, AD 1813, NC + SC" chiseled on Commissioners' Rock on the east bank of the Chattooga River; thence following a geodetic line with a geodetic azimuth of 270 degrees to the centerline of the Chattooga River.
The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33° 51' 50.7214"' N., longitude 78° 33' 22.9448"' W., at latitude 33° 51' 36.4626"' N., longitude 78° 33' 06.1937"' W., and at latitude 33° 51' 07.8792"' N., longitude 78° 32' 32.6210"' W., (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.
From the state of Georgia, this State is divided by the Savannah River, at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the state's territorial jurisdiction; thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Tugaloo and Seneca Rivers; thence up the Tugaloo River to the confluence of the Tallulah and the Chattooga Rivers; thence up the Chattooga River to the 35th parallel of north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the Treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.
The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:
Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects latitude 32° 07' 00"' N., (North American Datum 1983-86), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the Savannah River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;
Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;
Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;
Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the "Back River Sediment Basin", as defined in the "Annual Survey-1992, Savannah Harbor, Georgia, U. S. Coastal Highway, No. 17 to the Sea", U. S. Army Corps of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 1 12/107 , (hereinafter the "Channel Chart");
Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (latitude 32° 05' 01.440"' N., longitude 081° 02' 17.252"' W., North American Datum (NAD) 1983-86);
Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (latitude 32° 05' 17.168"' N., longitude 081° 01' 34.665"' W., NAD 1983-86), Fort Jackson Range through point SR-32 (latitude 32° 05' 30.133"' N., longitude 081° 01' 17.750"' W., NAD 1983-86), the Bight Channel through points SR-31 (latitude 32° 05' 55.631"' N., longitude 081° 01' 02.480"' W., NAD 1983-86), SR-30 (latitude 32° 06' 06.272"' N., longitude 081° 00' 44.802"' W., NAD 1983-86), SR-29 (latitude 32° 06' 09.053"' N., longitude 081° 00' 31.887"' W., NAD 1983-86), SR-28 (latitude 32° 06' 08.521"' N., longitude 081° 00' 15.498"' W., NAD 1983-86), and SR-27 (latitude 32° 06' 01.565"' N., longitude 080° 59' 58.406"' W., NAD (1983-86), Upper Flats Range through points SR-26 (latitude 32° 05' 41.698"' N., longitude 080° 59' 31.968"' W., NAD 1983-86) and SR-25 (latitude 32° 05' 02.819"' N., longitude 080° 59' 12.644"' W., NAD 1983-86), Lower Flats Range through points SR-24 (latitude 32° 04' 46.375"' N., longitude 080° 59' 00.631"' W., NAD 1983-86), SR-23 (latitude 32° 04' 40.209"' N., longitude 080° 58' 49.947"' W., NAD 1983-86), SR-22 (latitude 32° 04' 28.679"' N., longitude 080° 58' 18.895"' W., NAD 1983-86), and SR-21 (latitude 32° 04' 22.274"' N., longitude 080° 57' 34.449"' W., NAD 1983-86), Long Island Crossing Range through points SR-20 (latitude 32° 04' 13.042"' N., longitude 080° 57' 14.511"' W., NAD 1983-86), and SR-19 (latitude 32° 02' 30.984"' N., longitude 080° 55' 30.308"' W., NAD 1983-86) and New Channel Range following the northern boundary of the Rehandling Basin and the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (latitude 32° 02' 07.661"' N., longitude 080° 53' 39.379"' W., NAD 1983-86) and SR-16 (latitude 32° 02' 07.533"' N., longitude 080° 53' 31.663"' W., NAD 1983-86), to a point at latitude 32° 02' 08"' N., longitude 080° 53' 25"' W., NAD 1983-86 (now marked by Navigational Buoy "24"') near the eastern end of Oyster Bed Island;
Proceeding thence from a point at latitude 32° 02' 08"' N., longitude 080° 53' 25"' W., NAD 1983-86 (now marked by Navigational Buoy R "24") on a true azimuth of 0° 0' 0"' (true north) to the mean low low-water line of Oyster Bed Island; thence easterly along the said mean low low-water line of Oyster Bed Island to the point at which the said mean low low-water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;
Proceeding thence easterly along the mean low low-water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;
Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;
Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to a point at latitude 31° 59' 48.0"' N., longitude 080° 47' 01.5"' W., NAD 1983-86 (now marked by Navigational Buoy "6"); and finally,
Proceeding from a point at latitude 31° 59' 48.0"' N., longitude 080° 47' 01.5"' W., NAD 1983-86 (now marked by Navigational Buoy "6") extending southeasterly to the federal-state boundary on a true azimuth of 104 degrees (bearing of S76°E), which describes the line being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.
Should the need for further delimitation arise, the boundary shall further extend southeasterly on above-described true azimuth of 104 degrees (bearing of S76°E).
Provided, further, that nothing in this section shall in any way be considered to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described in this section.
Effect of change of State boundary on bordering lands.
Whenever the location of the State line has been or may be re-established and corrected by competent authority, the lines of bordering lands which were established and fixed according to the previous location of the State line shall not be changed by reason of such re-establishment and correction of the State line.
What officers constitute executive department.
The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor and Lieutenant Governor, the Secretary of State, the State Treasurer, the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance.
Vacancies in executive department.
In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy.
Written employment applications required.
State, county and municipal officers, departments, boards and commissions, and all school districts in this State, shall require applications in writing for employment by them, upon such application forms as they may severally prescribe, which shall include information as to active or honorary membership in or affiliation with all membership associations and organizations. The provisions of this section shall not apply to any office or position which by law is filled by the vote of the qualified electors in any general or special election.
Honorably discharged veterans shall have preference for public employment.
Honorably discharged members of the United States Armed Forces who are given employment preference by the United States Government, now and hereafter, shall be given preference for appointment and employment in every public department and upon all public works in this State insofar as such preference may be practicable; age, loss of limb or other physical impairment which does not in fact incapacitate shall not be deemed to disqualify them, provided they possess the capacity of skill and knowledge necessary to discharge the duties of the position involved. Provided, that any public department operating on a merit system shall give preferences similar to those given by the United States Government to eligible members discharged from the Armed Forces insofar as such preferences may be practicable.
STATE EMBLEMS, PLEDGE TO STATE FLAG, OFFICIAL OBSERVANCES
Official State gem stone.
The amethyst is the official gem stone of the State.
American History Month designated.
The month of February in every year is designated American History Month. South Carolinians are encouraged to sponsor and participate in appropriate observances of American History Month.
Official State stone.
Blue granite is the official stone of the State.
Official State reptile.
The loggerhead turtle (Caretta caretta) is the official reptile of the State.
Official State bird.
The Carolina Wren is the official bird of the State.
Official State wild game bird.
The South Carolina Wild Turkey (Meleagris Gallopavo) is the official wild game bird of the State.
Official State fish.
The striped bass or rockfish is the official fish of the State.
Official State insect.
(A) The Carolina mantid, Stagmomantis carolina (Johannson) , or praying mantis, is the official insect of the State.
(B) A statement in substantially the following form must be printed in the next edition and all subsequent editions of the South Carolina Legislative Manual in the appropriate section:
The State Insect
The Carolina mantid, Stagmomantis carolina (Johannson) , or praying mantis, was designated the state insect by the General Assembly by Act 591 of 1988, for the following reasons: it is a native, beneficial insect that is easily recognizable throughout the State; it symbolizes the importance of the natural science of entomology and its special role in all forms of agriculture in helping to control harmful insects; and it provides a perfect specimen of living science for the school children of this State.
Official State butterfly.
The tiger swallowtail is designated as the official state butterfly.
Official State animal.
The white-tailed deer (odocoileus virginianus) is the official animal of the State.
Official State dog.
The Boykin Spaniel is the official dog of the State.
Official State tree.
The palmetto tree is hereby designated and adopted as the official tree of the State.
Official State dance.
The shag is the official dance of the State.
Official State waltz.
"The Richardson Waltz" is designated as the official state waltz.
Official pledge to State flag.
The pledge to the flag of South Carolina shall be as follows:
"I salute the flag of South Carolina and pledge to the Palmetto State love, loyalty and faith."
State Botanical Garden.
The Botanical Garden of Clemson University is designated the State Botanical Garden.
Official State fruit.
The peach is the official fruit of the State.
Official State song.
"South Carolina On My Mind" is designated as an official state song to help inspire pride in our State and improve the quality of life among all South Carolinians, and to promote the image of South Carolina beyond our borders by further developing tourism and industry through the attraction of vacationers, prospective investors, and new residents.
Official State music.
The spiritual is the official music of the State.
Official State beverage.
Milk is the official state beverage.
Official State beverage
South Carolina grown tea is designated as the official hospitality beverage of the State.
Official State shell.
The Lettered Olive, Oliva sayana, is the official shell of the State.
Official State language.
The English language is the official language of the State of South Carolina.
Use of language other than English prohibited.
Neither this State nor any political subdivision thereof shall require, by law, ordinance, regulation, order, decree, program, or policy, the use of any language other than English; provided, however, that nothing in Sections 1-1-696 through 1-1-698 shall prohibit a state agency or a political subdivision of the State from requiring an applicant to have certain degrees of knowledge of a foreign language as a condition of employment where appropriate.
Exceptions to prohibition against use of language other than English.
Sections 1-1-696 through 1-1-698 do not prohibit any law, ordinance, regulation, order, decree, program, or policy requiring educational instruction in a language other than English for the purpose of making students who use a language other than English proficient in English or making students proficient in a language in addition to English.
Official State amphibian.
The Spotted Salamander, Ambystoma maculatum, is designated as the official state amphibian.
Official American Folk Dance.
The square dance is the official American Folk Dance of the State.
Official State spider.
The "Carolina Wolf Spider", Hogna carolinensis, is designated as the official state spider.
Official state tapestry.
The tapestry, "From the Mountains to the Sea", is designated as the official state tapestry.
Official railroad museum.
The South Carolina Railroad Museum in Fairfield County is the official railroad museum of the State of South Carolina, upon the payment of a fee of five dollars to the Secretary of State.
Official folk art and crafts center.
The South Carolina Artisans Center, a nonprofit organization, located in Walterboro is designated as the official folk art and crafts center of the State of South Carolina.
[1962 Code Section 1-601; 1952 Code Section 1-601; 1942 Code Section 2257; 1932 Code Section 2257; 1932 (37) 33; 1942 (42) 1474; 1961 (52) 288] Repealed by implication by 1981 Act No. 173 Section 1, eff August 13, 1981 (See Editor's Note below).
[1962 Code Section 1-602; 1971 (57) 709] Repealed by implication by 1981 Act No. 173 Section 1, eff August 13, 1981 (See Editor's Note below).
United States Census of 1990 adopted.
The United States Census of 1990 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State.
REPORTS TO GOVERNOR OR GENERAL ASSEMBLY
Annual accountability reports by agencies and departments of state government.
Each agency and department of state government shall submit an annual accountability report to the Governor and the General Assembly covering a period from July first to June thirtieth, unless otherwise directed by the specific statute governing the department or institution.
Contents of annual accountability reports.
The annual accountability report required by Section 1-1-810 must contain the agency's or department's mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met.
One report shall not be embraced in another.
No State officer shall embrace in his report the report of another State officer which is required to be published by law, but he may make such reference thereto as may be necessary, including a brief recapitulation thereof, when necessary to the proper understanding of such report.
The Governor or the General Assembly, or either branch thereof by resolution, may call upon any department or institution at any time for such special reports as may be deemed in the interest of the public welfare.
REPORTING OF EXPENDITURES OF STATE APPROPRIATED FUNDS, PERSONAL DATA AND THE LIKE
Personnel data required to be furnished quarterly.
All agencies, departments and institutions of state government shall furnish to the State Personnel Division 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 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 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.
Penalties for failure to cooperate with implementation of reporting procedures.
All service agencies of the State shall cooperate with individual agencies, departments and institutions of State government in the implementation of this article. Any person who falsifies any report, statement or document required under this article shall be subject to punishment pursuant to Section 16-9-30 of the Code. Wilful failure to comply with the reporting requirements of this article shall be deemed misfeasance in office and subject the chief executive authority of the offending agency, department or institution to the penalties therefor.
Reports and information deemed public records; dissemination of copies.
All reports and information assembled pursuant to the provisions of this article are considered "public records" as defined in the Freedom of Information Act of 1972. Commencing on July 1, 1985, and thereafter, the Comptroller General shall furnish copies of the information when requested by authorized parties. The provisions of subsection (2) of Section 11-35-1230 of the 1976 Code of Laws govern fiscal reporting.
Partial exemption granted law enforcement agencies.
The provisions of this article shall not be construed to require any law enforcement agency to report in detail expenditures which would jeopardize the necessary confidentiality of its operations, but all such agencies shall report the total amount of funds expended for payments to informants and for purchases of illegal substances in connection with criminal investigations.
Purchase of equipment by Office of State Treasurer for lease or resale to entities of state government; funding.
A. The Office of State Treasurer is authorized to make installment loans to boards, commissions, institutions, and agencies of state government for the purpose of renting, leasing, or purchasing office equipment, telecommunications equipment, energy conservation equipment, medical equipment, data processing equipment, and related software in accordance with procurement statutes and regulations. When these loans are made, they must be at an interest rate not less than seven percent a year nor greater than fifteen percent a year.
B. For the purpose of carrying out the provisions of subsection (A), the Office of State Treasurer may borrow up to thirty-five million dollars from the State Insurance Reserve Fund at an interest rate of six and one-half percent a year but these loans may not be made in an amount that jeopardizes the actuarial soundness of the fund.
C. When making these loans, the Office of State Treasurer shall insure that sufficient sums are raised to reimburse the principal and interest payments to the Insurance Reserve Fund and to defray the cost of administering the provisions of this program, which costs may be retained by the Office of State Treasurer. Any excess funds must be deposited in the general fund of the State.
D. The Budget and Control Board may from time to time review the interest rates assigned in subsections (A) and (B) and may adjust them as it considers appropriate.
E. The Office of State Treasurer shall prescribe the procedures necessary to administer this program.
Insurance on state data processing and telecommunications facilities.
The Budget and Control Board, through its Insurance Reserve Fund, shall provide insurance against the accidental or deliberate destruction of data processing and telecommunications facilities operated by the State. The insurance shall specifically include replacement cost of hardware and software systems and specialized environmental systems and shall also provide for an alternate processing location should replacement or repair of the original processing location exceed ten calendar days.
Governmental or quasi-governmental entity not to pay contingency fee or bonus to private counsel without prior written agreement.
Notwithstanding any other provision of law, effective July 1, 1993, no governmental agency or quasi-governmental entity or agency shall pay a contingency fee or bonus to private counsel retained by such agency or entity for legal representation, unless such contingency fee or bonus arrangement has been reduced to writing setting forth the parameters of the employment and the terms of payment prior to the initiation of such representation.
Expenditure of state or Medicaid funds to perform abortions.
No state funds or Medicaid funds shall be expended to perform abortions, except for those abortions authorized by federal law under the Medicaid program.
REPORTS OF RESIDENTIAL PROPERTY OWNED BY STATE AGENCIES
[1980 Act No. 517, Part II, Section 4] Repealed by 1997 Act No. 153, Section 3, eff June 13, 1997.
SALARIES OF STATE OFFICERS
Annual salaries of certain state officers.
The annual salaries of the state officers listed below are:
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.