Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God Who rules the universe in splendor, yet hears every prayer of Your children, come to us, we pray, in all Your wisdom and compassion. Reinforce our minds, nourish our souls, refine our thoughts, words and deeds. Keep us from impatience, from irritability, and from words too quick. Spare us from eyes focused on the faults of others, and from tongues tuned to criticism rather than commendation. Keep us from being overly sensitive, and slow to forget. Make us prompt to forgive. Deliver us from that selfishness which tolerates only its own way. Amen.
And when evening comes may we rest in the peace of those whose minds are stayed on You. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. YOUNG-BRICKELL, for the minority, submitted an unfavorable report, on:
H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. MOODY-LAWRENCE and T. BROWN, for the minority, submitted an unfavorable report, on:
H. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
Ordered for consideration tomorrow.
The following was introduced:
H. 4970 -- Reps. Wilkins, Hodges, Young-Brickell and Cato: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ACHIEVEMENTS AND CONTRIBUTIONS TO THIS STATE BY ROBERT E. HENDERSON PH.D., PRESIDENT AND DIRECTOR OF THE SOUTH CAROLINA RESEARCH AUTHORITY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1384 -- Senator McGill: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING EDWARD F. EATMON OF KINGSTREE FOR HIS MANY YEARS OF EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA AND WILLIAMSBURG COUNTY AND WISHING HIM MUCH HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1385 -- Senators Saleeby and Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN LANDRUM FOR BEING NAMED 1995 LIBRARIAN OF THE YEAR BY THE SOUTH CAROLINA LIBRARY ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4972 -- Rep. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-35 SO AS TO PROHIBIT ISSUANCE OF A HOME HEALTH AGENCY LICENSE IF THE APPLICANT, OPERATOR, OR AN EMPLOYEE HAS BEEN CONVICTED OF CERTAIN CRIMES AND TO REQUIRE AN APPLICANT OR EMPLOYEE TO UNDERGO STATE AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEWS.
Referred to Committee on Judiciary.
H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
Referred to Committee on Judiciary.
S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
Referred to Committee on Judiciary.
S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
Referred to Committee on Judiciary.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Referred to Committee on Judiciary.
H. 4971 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645 SO AS TO PROVIDE THAT IN COMPUTING WHETHER OR NOT AN OWNER OF A MOTOR VEHICLE FOR AD VALOREM TAX PURPOSES QUALIFIES FOR A HIGH MILEAGE DISCOUNT, NO DIFFERENTIAL IN MILEAGE BETWEEN DOMESTIC AND FOREIGN VEHICLES MAY BE USED.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 24.
Gilda Cobb-Hunter Larry L. Elliott June S. Shissias Joseph H. Neal W. Jeffrey Young Curtis B. Inabinett Alma W. Byrd Denny W. Neilson Grady A. Brown James S. Klauber John W. Riser G. Ralph Davenport, Jr. John G. Felder Joseph T. McElveen, Jr. Lynn Seithel Timothy F. Rogers Eugene C. Stoddard
LEAVES OF ABSENCE
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
The SPEAKER granted Rep. KLAUBER a temporary leave of absence.
On April the 23, I was on a business trip and my plane was delayed causing me to miss session. I did not take any compensation for the day.
Rep. RICHARD M. QUINN, JR.
Announcement was made that Dr. Jim Hill of Aiken is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.
H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
H. 4392 -- Reps. Byrd, Moody-Lawrence, J. Brown, Lloyd, Kinon, J. Hines, T. Brown, Harvin, Cobb-Hunter, White and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ESTABLISH THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
H. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).
H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
H. 4963 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.
H. 4965 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4949 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-690 SO AS TO AUTHORIZE A PERSON WHO OWNS PRIVATE PROPERTY TO SHRIMP FROM DOCKS ADJACENT TO AND OWNED BY THAT PERSON.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.
S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1367 -- Senator Lander: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.
S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
Rep. PHILLIPS explained the Bill.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
Rep. STILLE moved to adjourn debate upon the following Joint Resolution until Thursday, April 25, which was adopted.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
The following Bill was taken up.
H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.
Rep. STILLE proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10801SD.96), which was adopted.
Amend the bill, as and if amended, page 1, Section 53-5-15 as contained in SECTION 1, line 26, by inserting immediately after /as/ /employees receive a holiday on all general election days and so long as/.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. STILLE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Reps. WALKER, WELLS, LANFORD, HALLMAN, ALLISON, FULMER, TRIPP, HARRELL, LIMEHOUSE, WHATLEY, LEE, MOODY-LAWRENCE, NEAL, LLOYD and J. BROWN objected to the Joint Resolution.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
The following Bill was taken up.
H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
Reps. RHOAD, LIMEHOUSE, ELLIOTT, WHATLEY, MOODY-LAWRENCE, HASKINS, KNOTTS, CHAMBLEE, LANFORD, FULMER, HALLMAN, SANDIFER, R. SMITH, TRIPP and WITHERSPOON objected to the Bill.
The following Bill was taken up.
H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3676DW.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-1-110 of the 1976 Code, as last amended by Section 2, Act 181 of 1993, is further amended to read:
"Section 1-1-110. The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor and Lieutenant Governor, the Secretary of State, the State Treasurer, the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."
SECTION 2. Section 1-1-120 of the 1976 Code is amended to read:
"Section 1-1-120. In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy."
SECTION 3. Section 1-1-1210 of the 1976 Code, as last amended by Section 9, Part II, Act 189 of 1989, is further amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
SECTION 4. Section 1-3-215 of the 1976 Code, as added by Acts 181 and 183 of 1993, is amended to read:
"Section 1-3-215. (A) Appointments by the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:
(1) the title of the office to which the individual is being appointed;
(2) the designation of any special seat, discipline, interest group or other designated entity that the individual is representing or is chosen from;
(3) the full legal name of the individual being appointed;
(4) the current street or mailing address and telephone number;
(5) the county, counties, district or other geographic area or political subdivision being represented;
(6) the name of the individual being replaced if the appointment is not an initial appointment; and
(7) the commencement and ending date of the term of office.
(B) When an appointment has been confirmed by the Senate, evidence of such confirmation shall be transmitted to the Secretary of State Governor by the Clerk of the Senate and the Secretary of State Governor must thereafter obtain the necessary oath and evidence of bond if required. The taking of the oath of office and filing of any requisite bond shall fully vest the person appointed with the full rights, privileges and powers of the office. The notice of confirmation transmitted by the Senate shall be conclusive as to the validity of an appointment and the issuance of a commission by the Secretary of State Governor after obtaining the requisite documentation is a ministerial act."
SECTION 5. Section 1-3-420 of the 1976 Code is amended to read:
"Section 1-3-420. The Governor, when in his opinion the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence or threats of violence, a danger exists to the person or property of any citizen and that the peace and tranquility of the State, or any political subdivision thereof, or any particular area of the State designated by him, is threatened, and because thereof an emergency, with reference to such threats and danger, exists.
The Governor, upon the issuance of a proclamation as provided for in this section, shall forthwith file such proclamation in the office of the Secretary of State Adjutant General, which proclamation shall be effective upon issuance and remain in full force and effect until revoked by the Governor."
SECTION 6. Section 1-5-30 of the 1976 Code is amended to read:
"Section 1-5-30. The Secretary of State Lieutenant Governor shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber. He shall keep in Columbia all the books, records and papers belonging thereto."
SECTION 7. Section 1-7-110 of the 1976 Code is amended to read:
"Section 1-7-110. He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other state officer or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business."
SECTION 8. Section 1-9-30 of the 1976 Code is amended to read:
"Section 1-9-30. In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, President pro tempore of the Senate, and the Speaker of the House of Representatives be for any of the reasons specified in the Constitution not able to exercise the powers and discharge the duties of the office of Governor, or be unavailable, the Secretary of State, State Treasurer or Attorney General shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Governor."
SECTION 9. Section 1-11-140 of the 1976 Code, as last amended by Section 87, Part II, Act 145 of 1995, is further amended to read:
"Section 1-11-140. (A) The State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for the State, its departments, agencies, institutions, commissions, boards, and the personnel employed by the State in its departments, agencies, institutions, commissions, and boards so as to protect the State against tort liability and to protect these personnel against tort liability arising in the course of their employment. The insurance also may be provided for physicians or dentists employed by the State, its departments, agencies, institutions, commissions, or boards against any tort liability arising out of the rendering of any professional services as a physician or dentist for which no fee is charged or professional services rendered of any type whatsoever so long as any fees received are directly payable to the employer of a covered physician or dentist, or to any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce; provided, any insurance coverage provided by the Budget and Control Board may be on the basis of claims made or upon occurrences. The insurance also may be provided for students of high schools, South Carolina Technical Schools, or state-supported colleges and universities while these students are engaged in work study, distributive education, or apprentice programs on the premises of private companies. Premiums for the insurance must be paid from appropriations to or funds collected by the various entities, except that in the case of the above-referenced students in which case the premiums must be paid from fees paid by students participating in these training programs. The board has the exclusive control over the investigation, settlement, and defense of claims against the various entities and personnel for whom it provided insurance coverage and may promulgate regulations in connection therewith.
(B) Any political subdivision of the State including, without limitations, municipalities, counties, and school districts, may procure the insurance for itself and for its employees in the same manner provided for the procurement of this insurance for the State, its entities, and its employees.
(C) The procurement of tort liability insurance in the manner provided is the exclusive means for the procurement of this insurance.
(D) The State Budget and Control Board, through the Office of Insurance Services, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance.
(E) The State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for duly appointed members of the boards and employees of health system agencies, and for members of the State Health Coordinating Council which are created pursuant to Public Law 93-641.
(F) The board, through the Office of Insurance Services, is further authorized to provide insurance as prescribed in Sections 10-7-10 through 10-7-40, 59-67-710, and 59-67-790.
(G) Documentary or other material prepared by or for the Office of Insurance Services in providing any insurance coverage authorized by this section or any other provision of law which is contained in any claim file is subject to disclosure to the extent required by the Freedom of Information Act only after the claim is settled or finally concluded by a court of competent jurisdiction."
SECTION 10. Section 1-19-230 of the 1976 Code is amended to read:
"Section 1-19-230. Each reorganization plan which shall take effect under this chapter shall be filed with the Secretary of State Governor immediately after it shall stand approved by the General Assembly and shall be printed in the Acts and Joint Resolutions of the session at which it was approved."
SECTION 11. Section 1-23-100 of the 1976 Code is amended to read:
"Section 1-23-100. This article shall not apply to Executive Orders, proclamations or documents issued by the Governor's Office. However, Governor's Executive Orders, having general applicability and legal effect shall be transmitted by the Secretary of State Governor to the Legislative Council to be published in a separate section of the State Register for information purposes only. Such orders shall not be subject to General Assembly approval."
SECTION 12. Section 2-1-50 of the 1976 Code is amended to read:
"Section 2-1-50. The clerk of the House of Representatives shall within ten days from the adjournment of the General Assembly sine die send the names of all persons elected or appointed by the General Assembly during the session to the Secretary of State Governor, together with the action of the General Assembly with reference thereto, and the Secretary of State Governor shall keep them for public inspection."
SECTION 13. Section 2-5-60 of the 1976 Code is amended to read:
"Section 2-5-60. Each designation of an emergency interim successor shall become effective when the legislator or presiding officer making the designation files with the Secretary of State Governor the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or presiding officer so acting files this information with the Secretary of State Governor. All such data shall be open to public inspection. The Secretary of State Governor shall inform the Governor, the State Office of Civil Defense, the clerk of the House concerned and all emergency interim successors, of all such designations, removals and changes in order of succession. The clerk of each House shall enter all information regarding emergency interim successors for the House in its public journal at the beginning of each legislative session and shall enter all changes in membership or order of succession as soon as possible after their occurrence."
SECTION 14. Section 2-7-80 of the 1976 Code, as last amended by Section 1, Act 194 of 1987, is further amended to read:
"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date, a copy of such acts and to mail copies to the house of those members who request such services and, after sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. In addition, three copies must be mailed to each clerk of court in the State, to the head of each state department and institution, to the Chief Justice and associate justices of the Supreme Court, to the Chief Judge and associate judges of the Court of Appeals, and each judge of the judicial circuits. Likewise, printed copies of local acts approved by the Governor must be furnished to the members of the legislative delegation from the county involved. The Secretary of State Legislative Council shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading. Copies of printed statewide acts of the General Assembly must be supplied to the county clerks of court and county boards of commissioners."
SECTION 15. Section 2-7-240 of the 1976 Code is amended to read:
"Section 2-7-240. No act or joint resolution lodged in the Secretary of State's Legislative Council's office over fifteen days shall be corrected as hereinabove provided for in this article."
SECTION 16. Section 2-11-10 of the 1976 Code, as last amended by Act 157 of 1989, is further amended to read:
"Section 2-11-10. There is hereby created a Legislative Council of the General Assembly of South Carolina, the membership of which shall be composed of the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, Attorney General, the chairman of the Judiciary Committee of the Senate or his designee, and the chairman of the Judiciary Committee of the House of Representatives."
SECTION 17. Section 2-13-140 of the 1976 Code is amended to read:
"Section 2-13-140. The Code Commissioner and the Legislative Council shall have access to State papers and documents in the custody of the Secretary of State or other custodians of the State laws and archives. The Attorney General and his office, the South Carolina Archives Department and other State agencies and State officers shall on request of the Commissioner and Council cooperate in the codifying of the general statutory law."
SECTION 18. 2-13-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving such page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."
SECTION 19. Section 2-13-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-240. (a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four.
(b) If any technical college or center offers a course in paralegal practice such college or center shall be allowed two additional sets of the Code.
(c) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.
(d) The provisions of Sections 8-15-30 and 8-15-40 of the 1976 Code shall not apply to members of the General Assembly, members of the Legislative Council and the Code Commissioner."
SECTION 20. Section 2-17-17 of the 1976 Code, as added by Section 54, Part II, Act 164 of 1993, is amended to read:
"Section 2-17-17. A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs or contracts with a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state, from funds appropriated in the annual general appropriations act, must retain and use a portion of these funds to provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity."
SECTION 21. Section 3-1-150 of the 1976 Code is amended to read:
"Section 3-1-150. Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the Budget and Control Board or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the Budget and Control Board may, in its discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Budget and Control Board shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State Governor, who shall maintain a permanent file of the notices.
Upon the sending of the notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as the notice shall specify.
The provisions of this section shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of Sections 3-1-110 and 3-1-120."
SECTION 22. Section 3-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-3-210. Subject to the rights of the South Carolina Department of Natural Resources or its successors to lease and subject to the rights of the people of the State to gather oysters and other shellfish on any of the lands hereinafter described, there has been granted to the United States all of the marshlands, sand banks, shores, edges and lands uncovered by water at low tide which are included within the outside boundaries of the premises hereinafter described or which are contiguous and adjacent to such boundaries, to wit:
(1) All that plantation or tract of land containing a body of marshland, in all seven thousand five hundred and sixty-eight (7,568) acres, situate in and around Bull Bay, in the county of Charleston, embracing those islands known as White Banks, being the premises granted to Richard T. Morrison, September 1, 1860, by grants recorded in book Q No. 6, pages 218 and 219, in the office of the Secretary of State Governor, plats of which tracts are also recorded in volume 57, page 429 and page 430, in the office of the Secretary of State Governor;
(2) All those fifteen islands, together containing sixteen thousand nine hundred and ninety-two (16,992) acres, situate near Bull Bay in Charleston County, which islands as a group bound east on the Atlantic Ocean, to the west partly on Bull Bay, to the northward on creeks and marshes, names unknown, and to the southward on Raccoon Keys, being the islands granted to John Bowman, August 1, 1791, by grant recorded in grant book No. 5, page 205, in the office of the Secretary of State Governor aforesaid, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 216, in the R.M.C. office for Charleston County aforesaid, a plat of which islands is recorded in plat book 1, page 205, in the office of the Secretary of State Governor aforesaid and also in plat book B, page 136, in the R.M.C. office aforesaid;
(3) All that tract of land, marsh and sandbank, known as the Casinas, containing three hundred and sixty (360) acres, more or less, near Cape Romain in Charleston County, being the tract granted to John Lee, William Lee and Charles E. Lee, August 3, 1840, by grant recorded in grant book O No. 6, page 485, in the office of the Secretary of State aforesaid Governor, and subsequently conveyed to Henry P. Jackson, by deed recorded in book Y-20, page 214, in the R.M.C. office aforesaid, a plat of which tract is recorded in volume 42, page 68, in the office of the Secretary of State aforesaid Governor and in book B, page 133, in the R.M.C. office aforesaid;
(4) All that tract of land known as Cape Romain and Bird Bank containing nine hundred and seventy (970) acres, situated in Charleston County, being the premises granted to John Lee, William Lee and Charles E. Lee, by grant recorded in grant book O No. 6, page 486, in the office of the Secretary of State aforesaid Governor and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 215, in the R.M.C. office aforesaid, a plat of which is recorded in plat book B, page 131, in the R.M.C. office aforesaid;
(5) All that tract of land containing five thousand five hundred and sixty (5,560) acres on an island known as Big and Little Raccoon Keys, situate in Charleston County, which island bounds eastward on Cape Romain Inlet, southward on the Atlantic Ocean and westward on Bull Bay, being the island granted to John Vinyard, October 7, 1816, by grant recorded in volume 61, page 86, in the office of the Secretary of State aforesaid Governor, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 213, in the R.M.C. office aforesaid; and
(6) All that tract of land and marshland containing one thousand and forty (1,040) acres, more or less, situate in Christ Church Parish in Charleston County, bounded on the north and northeast by Palmetto Creek, to the north and northwest by lands late of the estate of Whitesides, C. B. Northrop, Hodge and Kelly, south and southwest by lands late of Moses Whitesides, Esq., south and southeast by a creek known as No Man's Friend Creek, being the tract granted to C. B. Northrop, July 2, 1855, by grant recorded in book Q No. 6, page 67, in the office of the Secretary of State Governor and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 217, in the R.M.C. office aforesaid, a plat of which tract is recorded in State record volume 43, page 270, and also in book B, page 132, in the R.M.C. office aforesaid.
Jurisdiction; migratory bird refuge.-Subject to the rights of the South Carolina Department of Natural Resources as provided above the United States shall have exclusive jurisdiction on the lands so granted for the purpose of carrying out the provisions of the act of Congress approved February 18, 1929, known as the 'Migratory Bird Conservation Act' and all acts hereafter amendatory thereof, and for the purpose of the preservation and conservation of all migratory birds which are or hereafter may be under the jurisdiction of the United States.
Service of process.-Nothing contained in said grant shall be construed to exclude or prevent any process, civil or criminal, issuing from the courts of this State from being served or executed within the limits of said grant.
Reverter when no longer used for game refuge.-The lands so granted shall revert to the State in the event the United States shall cease to use said lands for the purpose of a migratory bird refuge.
Consent to conveyance of part of such lands.-The consent of the State has also been given to the conveyance by the United States or its duly authorized agency, to I. W. Limbaker of tract 'A,' as shown on plat of the Intercoastal Waterway, Winyah Bay-Charleston, Canal Prism and Spoil Disposal Areas, prepared by the United States engineer office, Charleston, South Carolina, February 6, 1939, and on file in the United States engineer office aforesaid in file No. 42-4, said tract 'A' having been a portion of the lands granted the United States as aforesaid, in exchange for the conveyance by I. W. Limbaker to the United States or its duly authorized department, or tract 'B,' as shown on said plat, the granting clause of said conveyance from I. W. Limbaker reading as follows:
'That the said deeded land shall revert to the State of South Carolina in the event the United States of America ceases to use the said lands for the purpose of a migratory bird refuge.' And it is hereby specifically declared that said tract 'A' shall not revert to the State on account of said conveyance, but having been conveyed to I. W. Limbaker as so authorized, shall be freed of the provision for reversion contained in the cession of said property to the United States."
SECTION 23. Section 3-3-220 of the 1976 Code is amended to read:
"Section 3-3-220. Certain marshlands next adjacent to Castle or Fort Pinckney, not previously ceded to the United States, and consisting of fifty acres of marshlands, more or less, were granted to the United States in 1898 for the purpose of erecting, constructing and maintaining a home or sanatorium for disabled officers, soldiers and sailors of the Army and Navy of the United States.
Land tax exempt. Such lands shall so long as they shall be used for the purpose aforesaid be exonerated and discharged from all taxes, assessments and other charges which may be imposed under the authority of this State.
Plat to be made and filed. The proper officers of the United States in charge of such institution were required to cause to be executed a plat of the lands which were acquired for such purpose and file it in the office of the Secretary of State Governor of this State."
SECTION 24. Section 3-3-340 of the 1976 Code is amended to read:
"Section 3-3-340. Other lands that have been ceded to the United States are:
(1) Fort Moultrie, on Sullivan's Island, Charleston County. In addition to the lands mentioned in Section 3-3-240, all the lands originally reserved for Fort Moultrie, on Sullivan's Island, in Charleston County, not in excess of five acres, with all the forts, fortifications and buildings thereon, together with the canal leading from the cove on the back of the fort nearly up to the same, as delineated on the plan of Charleston Harbor by Col. Senf in the Secretary of State's Governor's office at Columbia;
(2) Fort Johnson, Charleston County. The high lands and part of the marsh belonging to Fort Johnson not in excess of twenty acres, as delineated on said plan of Charleston Harbor, including the present site of Fort Johnson;
(3) Fort Pinckney, Charleston County. The land on which Fort Pinckney is built and three acres around the same in Charleston County;
(4) Sandbank on southeast point of Charleston. A portion of the sandbank marked 'C' on the southeasternmost point of Charleston, as delineated on said plan of Charleston Harbor, not exceeding two acres;
(5) Ten acres on Blythe's Point, Sampit River, in Georgetown County. A lot, not exceeding four acres, for a battery or fort and necessary buildings on Dr. Blythe's point of land at the mouth of Sampit River, Georgetown County, and a quantity of land, not exceeding six acres, on Dr. Blythe's said point of land at the mouth of Sampit River, adjoining and in addition to such four acres; and for the same purposes;
(6) Mustard Island and seven acres on St. Helena Island, Beaufort County. Mustard Island, opposite Parris Island, in Beaufort River, and a tract of land on St. Helena Island, opposite Mustard Island, not exceeding seven acres in Beaufort County;
(7) Five acres in Beaufort, Beaufort County. Five acres of the public lands near the town of Beaufort, including the site of Fort Lyttleton in Beaufort County, for the purpose of erecting a fort;
(8) Site at Mount Pleasant, Charleston County. A site for a lighthouse in or near Mount Pleasant in Charleston Harbor, not exceeding one acre;
(9) Site at White Point, in Charleston County. A site for a beacon light at White Point, in the city of Charleston, as heretofore designated by the city council of Charleston;
(10) Site at Fort Point in Georgetown County. A site, not exceeding twenty acres, for a lighthouse on Fort Point, near Georgetown in Georgetown County;
(11) Shore line of Sullivan's Island for jetty for Charleston Harbor. A quantity of land on Sullivan's Island in Charleston Harbor, not exceeding three hundred feet in length and two hundred feet in breadth, for the shore line of a jetty erected for the improvement and deepening of the bar of Charleston Harbor, described and located as follows: Starting from the magistral of the northeast salient angle of Fort Moultrie, thence running south two degrees, seven and one-half minutes (2_ 7 1 /2 ' ) east, eight hundred and forty-six (846) feet, to a point near high-water line on the south shore of Sullivan's Island; thence north eighty-six degrees, thirty-five and one-half minutes (86_ 35 1 /2 ' ) east, two thousand eight hundred (2,800) feet, to a point near the same high-water line; thence north seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) east, two thousand one hundred and ninety and one-half (2,190 1 /2 et, to a point on the high-water line of said shore which is the southwest angle of the tract hereby conveyed; thence north seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) east, along said water line three hundred (300) feet; thence north twelve degrees, twenty-one and one-half minutes (12_ 21 1 /2 ' ) west, two hundred (200) feet; thence south seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) west, three hundred (300) feet; thence south twelve degrees, twenty-one and one-half minutes (12_ 21 1 /2 ' ) east, two hundred (200) feet, to the high-water line at the before-mentioned southwest angle of the tract herein conveyed; together with the accretion on the three hundred (300) feet of water front of said tract;
(12) Shore line on Morris Island for jetty for Charleston Harbor. A quantity of land on Morris Island in Charleston Harbor sufficient for the erection of a shore line of a jetty for the improvement and deepening of the bar of Charleston Harbor, not exceeding fifteen hundred feet in length, measured on the high-water line, and two hundred feet in breadth, as located and selected from the land formerly owned by the State at the north end of Morris Island, together with the accretion on the water front of such land so granted, for the purposes aforesaid. And also such other quantity of land on Morris Island as may be needed for the shore line of the jetty aforesaid, belonging or formerly belonging to any person other than the State if and when such land has been conveyed by the owner thereof to the United States; provided a plat of all such lands be made and be deposited in the office of the Secretary of State Governor under the supervision and direction of the proper officer of the United States in charge of the jetties;
(13) Lands connecting Winyah Bay and Santee River. Such lands as may be required for the purpose of connecting Winyah Bay and Santee River in Georgetown County so as to facilitate commerce;
(14) Tracts in Charleston, Beaufort and Georgetown Counties for quarantine purposes. The right, title and interest of this State to, and the jurisdiction of this State over, the following described tracts of land and land covered by water, situated in the counties of Charleston, Beaufort and Georgetown, granted and ceded to the United States for the purposes of quarantine, to wit:
(a) A Tract of Land on James' Island and Buildings.-A tract of land on James' Island, Charleston Harbor, lying and being upon the easterly, southerly and westerly sides of the land belonging to the United State Government and known as the Fort Johnson Reservation, being ninety acres, more or less, and including the marshland and tide flats east and south of said Fort Johnson Reservation to low-water line and the buildings then on said ninety-acre tract;
(b) Quarantine Station at Georgetown.-The quarantine station at Georgetown, on South Island, entrance to Georgetown Harbor, consisting of five acres of land, more or less, a residence and outbuildings;
(c) Quarantine Station at Buzzard's Island, Beaufort County.-The quarantine station on Buzzard's Island, at the entrance of St. Helena Sound, consisting of ten acres, more or less, officers' quarters, two hospital buildings and quarters for crew;
(d) Quarantine Station at Parris Island, Beaufort County.-The quarantine station on Parris Island, Port Royal Sound, consisting of fifteen acres, more or less, an officer's residence, two hospitals and outbuildings; and
(15) Portion of Laurel Street in Columbia. That portion of Laurel Street in the city of Columbia that was being used on April 19 1943 for a recreational center by the United States."
SECTION 25. Section 3-5-10 of the 1976 Code is amended to read:
"Section 3-5-10. For the purpose of aiding in the construction and maintenance by the United States of the projects approved by Congress by the River and Harbor Act approved August 26, 1937 for the construction of the intracoastal waterway from the Cape Fear River, North Carolina, to the Savannah River, Georgia (Rivers and Harbors Committee Document No. 6, 75th Congress, first session), of the Ashley River, South Carolina, project (House Document No. 449, 74th Congress, second session) and of the Shipyard River, South Carolina, project (Rivers and Harbors Committee Document No. 38, 75th Congress, first session) and any changes, modifications or extensions thereto and any tributaries thereof, the Governor and the Secretary of State may issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land, including submerged lands, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for said Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, in so far as such lands, including submerged lands, are subject to grant by the State, such grant to issue upon a certificate showing the location and description of such rights of way and spoil disposal areas furnished to the Governor by the Secretary of the Army, any authorized officer of the Corps of Engineers of the United States Army or any other authorized official exercising control over the construction or maintenance of such projects."
SECTION 26. Section 3-5-30 of the 1976 Code is amended to read:
"Section 3-5-30. The Governor and Secretary of State may issue to the United States of America a grant or grants within such limits as above specified of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land raised above water as mentioned in Section 3-5-20, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, their slopes and berms, as may be required at any time for the construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for the Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged land, composing a part of the spoil disposal areas not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and the Ashley River and Shipyard River projects, the grant or grants to issue upon a certificate furnished to the Governor by some authorized official of the United States as provided in Section 3-5-10."
SECTION 27. Section 3-5-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-40. If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."
SECTION 28. Section 3-5-310 of the 1976 Code is amended to read:
"Section 3-5-310. For the purpose of aiding in the construction of the proposed inland waterway by the United States from the North Carolina-South Carolina State line at Little River to Winyah Bay the Governor and the Secretary of State may issue to the United States of America a grant to the land located within said inland waterway right of way of a width of one thousand feet when the land does not exceed eight feet in elevation above mean low water, with increased widths approximately in proportion to the quantity of excavation required as the elevation of the land increases until a maximum of one thousand seven hundred and fifty feet is reached when the ground elevation is thirty feet or more above mean low water, in so far as such land is subject to grant by the State, such grant to issue upon a certificate showing the location and description of such right of way furnished to the Governor by the Secretary of the Army or by an authorized officer of the Corps of Engineers of the United States Army or by any other authorized official exercising control over the construction of said waterway. Whenever in the construction of such inland waterway within this State lands theretofore submerged shall be raised above the water by the deposit of excavated material, the lands so formed shall become the property of the United States if within the limits of such inland waterway right of way and the Governor and the Secretary of State may issue to the United States of America a grant to the land so formed within such limits as above specified, the grant to issue upon a certificate furnished to the Governor by some authorized official of the United States as above provided."
SECTION 29. Section 3-5-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-320. If the title to any part of the lands required by the United States Government for the construction of the aforesaid inland waterway from the North Carolina-South Carolina State line at Little River to Winyah Bay shall be in any private person, company, firm or corporation, railroad company, canal company, telephone or telegraph company or other public service corporation or shall have been donated or condemned for any such use by any political subdivision of this State, the Department of Health and Environmental Control may, acting for and in behalf of the State, secure a right of way of the width aforesaid for such inland waterway upon, across and through such lands or any part thereof by purchase, donation or otherwise, through agreement with the owner when possible, and when any such property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."
SECTION 30. Section 3-5-330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-330. If for any reason the Department of Health and Environmental Control is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States."
SECTION 31. Section 4-3-330 of the 1976 Code is amended to read:
"Section 4-3-330. Kershaw County is bounded on the southeast by Lee and Sumter Counties from which it is divided by a line beginning at Spivey's Ferry on Lynch's River and extending along the Lee County line to the point where the line between Lee County and Sumter County meets the line of Kershaw County; thence in a southwest direction along the Sumter County line to the Wateree River; on the southwest by Richland County, from which it is divided by a line beginning at the Wateree River, opposite to the last-mentioned point, and running S. 66_ W. or by Raglin's Creek to Speer's Creek; thence up Raglin's Creek to its head; thence by a straight line N. 40.75_ W. 10 miles 17 chains; thence N. 56.5_ W. 1 mile 14 chains to a point over Rice Creek on Peay's plantation, nearly half a mile above the fork of Twenty-five Mile Creek; on the west by Fairfield County, from which it is separated by a line drawn from the last-mentioned point N. 18.25_ E. 23 miles 14 chains or until it intersects the Wateree River and up said river 1 /2 mile above Peay's Ferry; on the northwest and north by Lancaster County from which it is divided by the following lines: beginning at a point on Catawba River 1 /2 mile above Peay's Ferry, thence N. 54_ E. 9 miles 62 chains to stone corner near Russell Place; thence N. 74_ E. 1 mile 37 chains and 50 links to corner at Hammond's Springs 75 feet left; thence N. 48_ E. 2 miles 63 chains to stone corner near Hanging Rock Bridge; thence south along the Salisbury Road 4 miles 16 chains to corner near Bethel Church; thence N. 66_ E. 14 miles 76 chains 16 links to Lynch's River, separating Chesterfield from Kershaw and Lancaster Counties; on the northeast by Chesterfield and Darlington Counties, from which it is separated by Lynch's River down to the place of beginning, less the following territory transferred to Lee County by act of the General Assembly approved March 7 1921, to wit: commencing at that point on the McCullum public road from Bishopville to Camden, west of Marshall's just where the present boundary line between Lee and Kershaw Counties enters said road; thence a northerly direction to a point where the lands now or formerly owned by Joseph Radcliffe, D. L. Johnson and Richard Cullum corner; thence in a northeasterly direction to Neil's crossing on Thickhead Swamp; thence in a northeasterly direction along the boundary line between lands now or formerly owned by M. H. Pate and Wesley McCaskill to neighborhood road leading from the McCullum road by residence of Wesley McCaskill; thence in a northerly direction along said road to the point where the land now or formerly owned by J. S. Tisdale corners with the land now or formerly belonging to the estate of Bullock; thence in a northeasterly direction along the boundary line between said lands of estate of Bullock and lands now or formerly owned by J. S. Tisdale and between lands now or formerly belonging to J. J. Self and Wiley Hatfield to neighborhood road, known as Riley's old road; thence with the said road in a northeasterly direction to the intersection of Lee County and Kershaw County boundary lines; thence with the Lee County line back to the beginning point. To the above-described area of Kershaw County is to be added that territory transferred from Lee County by act approved March 5 1925, to wit: all that small portion of Lee County containing one thousand and seventeen acres, or one and 58 /100 square miles, as shown by plat thereof on file in the office of the Secretary of State Governor, executed by H. W. Shaw and A. B. Boykin, surveyors, dated June 25 and 26 1924, that is to say, that body of land which lies between the lines heretofore dividing the said two counties, and the line represented on said plat as beginning at Harbord Branch where the line between the said two counties crosses said branch running thence S. 41_ E. 3319 feet; thence 27_ 30' E. 1025 feet; thence S. 79_ W. 2530 feet; thence S. 1_ W. 5147.09 feet; thence S. 8_ 15' E. 3288 feet; thence S. 33_ W. 8225 feet; thence N. 78_ 30' W., to the Three Notch Road, be and the same is hereby annexed to Kershaw County, and the lines heretofore dividing the said two counties are altered accordingly."
SECTION 32. Section 4-3-360 of the 1976 Code is amended to read:
"Section 4-3-360. Lee County is bounded as follows: beginning at Field's Bridge on Lynch's River and running down said river a distance of thirteen miles, leaving said river back of Irby Truluck's plantation and crossing the Lynchburg and Lake City Road between the places now or formerly belonging to Bob Welsh and Dr. Miller a course S. 28_ W. 3.25 miles striking a new road; thence S. 80_ W. 2.75 miles to the Pudding Swamp Road at the land now or formerly T. L. Kirkpatrick's; thence S. 65_ W. crossing Raccoon Road at the place now or formerly Sam Wilson's 5.75 miles to Scottsville; thence from Scottsville S. 76.25_ W. .75 of a mile to Black River; thence up Black River, in Sumter County, 3.75 miles to Witherspoon Crossing; thence S. 80_ W. to Scape O'er Swamp; thence up said swamp 2 5 /8 miles to the C. S. & N. R. R. Crossing; thence N. 80_ W. to a pine on the old dividing line between Lee and Sumter Counties on the west side of the public road leading from Oswego to DuBose's Cross Roads, and at a distance of .4 of a mile from the center of said public road; and running thence N. 16_ 27' W. 1.74 miles to a point in the center of said public road leading from Oswego to DuBose's Cross Roads about opposite the dwelling of Mrs. Martin; thence along the center of said public road for a distance of 1.27 miles to DuBose's Cross Roads; thence N. 61_ 10' W. along the center of the road leading to Herriott's Cross Roads, a distance of .3 of a mile; thence S. 87_ 35' W. a distance of 3.23 miles to the bridge at the main run of Open Branch on the road leading to Bradford's Springs; thence S. 63_ 20' W. a distance of 1.11 miles to a point in field now or formerly Stanyarne Burrow's; thence S. 43_ 50' W. to the intersection with the line between Lee and Sumter Counties; thence N. 62_ 5.37 miles to a point in Bradley's field near the Kershaw County line; thence due north 1.87 miles to Kershaw County line; thence down said line 2.62 miles to Reynold's Mill; thence following the Three Notch Road, in Kershaw County, a distance of 3 miles to Antioch schoolhouse; thence N. 50_ E. 1.25 miles; thence due north 1.75 miles to the Camden Road; thence following said road a distance of 4.75 miles to Harrison Hall Mill; thence in an eastern direction 1.87 miles to the old Georgetown Road; thence up said road to near the head of Turkey Creek; thence in a northern line to the Camden Road leading from Kelly's Bridge on Lynch's River to Camden; thence down said road to the Holland Ditch; thence up said ditch .75 of a mile to a corner of plantation now or formerly belonging to Edmond Tiller; thence 63_ E. crossing the Mecklenburg Road near the house now or formerly occupied by Whitfield Gardner to Lynch's River south of the place now or formerly Dr. Norwood's 3.37 miles; thence down said river a distance of 3 miles near Kelly's Bridge, .25 of a mile south of said bridge; thence N. 42_ E. 3 miles to Ashland Methodist Church; thence N. 22_ E. crossing the Chesterfield road between the property now or formerly belonging to J. E. Woodham and the property now or formerly J. W. Gardner's 2.62 miles to Stuckey's gate on the old State road; thence down said road .75 of a mile; thence due south 2.62 miles to Liberty Hill Church at the head of Sparrow Swamp; thence down Sparrow Swamp to a point in the Marco Mill Pond, near the property now or formerly owned by B. A. Howls; thence in Cypress township S. 28_ E. 1.5 miles to Long Branch; thence up said Branch .25 of a mile; thence S. 28_ E. 1 1 /8 miles to Screeches Branch; thence due south 3 miles to the Lamar township line; thence following said line to the beginning corner, and in addition the following territory transferred from Kershaw County by act of the General Assembly, approved March 7 1921, to wit: commencing at that point on the McCullum public road from Bishopville to Camden, west of Marshall's church, where the present boundary line between Lee and Kershaw Counties enters said road, thence a northern direction to the point where the land now or formerly owned by Joseph Radcliffe, D. L. Johnson and Richard Outlaw corner; thence in a northeasterly direction to Neil's Crossing on Thickhead Swamp; thence in a northeasterly direction along the boundary line between land now or formerly owned by M. H. Pate and Wesley McCaskill to neighborhood road leading from the McCullum road by residence now or formerly occupied by Wesley McCaskill; thence in a northerly direction along said road to the point where the land now or formerly owned by J. S. Tisdale corners with the land now or formerly belonging to the estate of Bullock; thence in a northeasterly direction along the boundary line between said lands of estate of Bullock and land of J. S. Tisdale and between land now or formerly owned by J. J. Self and land now or formerly owned by Wiley Hatfield to neighborhood road known as the Riley Hall road; thence with the said road in a northeasterly direction to the intersection of the Lee County and Kershaw County boundary line; thence with the Lee County line back to the beginning point, containing by survey 4.24 square miles. Less, however, that territory transferred to Kershaw County by act approved March 5 1925, to wit: all that small portion of Lee County containing 1017 acres, or 1.58 square miles, as shown by plat thereof on file in the office of the Secretary of State Governor executed by H. W. Shaw and A. B. Boykin, surveyors, dated June 25 and 26 1924, that is to say, that body of land which lies between the lines heretofore dividing said two counties, and the line represented on said plat as beginning at Harbord Branch where the line between the said two counties crosses said branch running thence S. 41_ E. 3319 feet; thence 27_ 30' E. 1025 feet; thence S. 79_ W. 2530 feet; thence S. 1_ W. 5147.09 feet; thence S. 8_ 15' E. 3288 feet; thence S. 33_ W. 8225 feet; thence N. 78_ 30' W. to the Three Notch Road, be and the same is hereby annexed to Kershaw County, and the lines heretofore dividing the said two counties are altered accordingly."
SECTION 33. Section 4-3-370 of the 1976 Code is amended to read:
"Section 4-3-370. Lexington County is bounded on the northeast and east by Richland County; on the southeast by Orangeburg and Calhoun Counties, from which it is divided by Beaver Creek; on the Southwest by Aiken County, from which it is separated by the north fork of the Edisto River to the mouth of the southern branch of Chinquepin Falls Creek and then by said creek to a point where it intersects the line drawn from Silver Bluff, on the Savannah River, to the mouth of Rocky Creek, on Saluda River; on the northwest by Saluda County, from which it is separated by a line drawn from Silver Bluff, on Savannah River, to the mouth of Rocky Creek, on the Saluda River; and by Newberry County, from which it is separated by a line beginning at a point in Broad River, on the Fairfield-Lexington County line, about .25 of a mile below Peak, and running thence S. 40_ W. to a point on the west bank of Broad River; thence S. 40_ W. 1956 feet to an oak; thence S. 46_ 40' W. 2410 feet to a stone on the public road; thence S. 41_ W. 1143 feet to a stake; thence S. 32_ 30' W. 9568 feet to a stake on a branch; thence down the run of the branch to a stake; thence S. 45_ W. 575 feet to a stake; thence N. 86_ 30' W. 3782 feet to a pine; thence S. 26_ 30' W. 3650 feet to a stake; thence S. 53_ 30' W. 4990 feet to a point on the Columbia, Newberry and Laurens Railroad; thence S. 73_ 30' W. 2613 feet to a maple in a branch; thence S. 68_ 30' W. 2180 feet to a stake near a negro church; thence N. 77_ 30' W. 5577 feet to a stake just west of the public road, near Little Mountain; thence S. 28_ W. 20850 feet to Camping Creek, near the mouth of Stevens Creek; thence up the run of Camping Creek to the old Newberry-Lexington County line; thence southwesterly with the old Newberry-Lexington County line to Saluda County on Broad River. Less however, that territory transferred to Richland County by act approved March 11 1922, to wit: all that certain piece of land containing 8900 acres, or 14 square miles, situate in the northeastern part of Lexington County on the Broad River, and being bounded and delineated as follows, to wit: beginning at a point on said Broad River, and running S. 41_ W. 82.51 chains to a stake, thence turning and running S. 32.5_ W. 160.65 chains to a stake, thence running along a creek which empties into Wateree Creek 42.24 chains to a stake, thence running to the point where said creek joins Wateree Creek 71.51 chains, thence running along said Wateree Creek 94 chains, thence turning and running S. 23_ E. 142.50 chains to a point in Slice Creek known as Rocky Ford, thence turning and running northerly along Slice Creek 164 chains, thence turning and running easterly along Wateree Creek 305.00 chains to the point of entrance of Wateree Creek and Broad River, thence turning and running in a northwesterly direction along Broad River 410 chains, said piece of land being bounded on the west by Newberry County, on the south and southwest by Lexington County, on the south by Richland County, and on the east and north by the Broad River, being more particularly known as the plat of said property, completed on November 25 1921, by W. A. Counts and J. C. Wessinger, surveyors, said plat being filed in the office of the Secretary of State Governor. And less that territory transferred to Newberry County by act approved May 12 1953, to wit: all of that certain territory or portion of Lexington County embraced within the following lines and boundaries, to wit: beginning at a point of the intersection of Lexington County-Saluda County-Newberry County lines at Saluda River; thence N. 22_ 30' E. 17710 feet to Camping Creek; thence in a general southeastern direction along Camping Creek to confluence of Saluda River; thence in a northwesterly direction along Saluda River to point of beginning, being more particularly lined and described on a plat of said territory by the Columbia Engineering Company, completed November 1 1952, said plat being filed in the office of the Secretary of State Governor."
SECTION 34. Section 4-3-410 of the 1976 Code is amended to read:
"Section 4-3-410. Newberry County is bounded as follows: on the northwest by Laurens County from which it is separated by line beginning at Island Ford on Saluda River and running thence along the old road to O'Dell's Ford on Enoree River; on the north by a line commencing at O'Dell's Ford on Enoree River and running thence down Enoree River to Anderson's Ford; thence along the road to Hill's Ferry on Tyger River; thence down the same to the mouth; thence down Broad River to a point on the Fairfield-Lexington County line about one fourth of a mile below Peak, and running thence S. 40_ W. to a point on the west bank of Broad River; thence S. 40_ W. 1956 feet to an oak; thence S. 46_ 40' W. 2410 feet to a stone in the public road; thence S. 41_ W. 1143 feet to a stake; thence S. 32_ 30' W. 95.68 feet to a stake on a branch; thence down the run of the branch to a stake; thence S. 55_ W. 575 feet to a stake; thence N. 86_ 30' W. 3782 feet to a pine; thence S. 26_ 30' W. 3650 feet to a stake; thence S. 50_ 30' W. 4940 feet to a point on the Columbia, Newberry and Laurens Railroad; thence S. 73_ 30' W. 2613 feet to a maple in a branch; thence S. 68_ 30' W. 2180 feet to a stake near a negro church; thence N. 77_ 30' W. 5577 feet to a stake, just west of the public road near Little Mountain; thence S. 28_ W. 2850 feet to Camping Creek near the mouth of Stevens' Creek; thence up the run of Camping Creek to the old Newberry-Lexington County line; thence with the old Lexington-Newberry County line to the Saluda River; and on the southwest by the Saluda River, which separates it from Saluda and Greenwood Counties. To the above-described area of Newberry County is to be added all that territory transferred from Lexington County by act approved May 12 1953, to wit: all of that certain territory or portion of Lexington County embraced within the following lines and boundaries, to wit: beginning at a point of the intersection of Lexington County-Saluda County-Newberry County lines at Saluda River; thence N. 22_ 30' E. 17710 feet to Camping Creek; thence in a general southeastern direction along Camping Creek to confluence of Saluda River; thence in a northwesterly direction along Saluda River to point of beginning, being more particularly lined and described on a plat of said territory by the Columbia Engineering Company, completed November 1 1952, said plat being filed in the office of the Secretary of State Governor."
SECTION 35. Section 4-3-460 of the 1976 Code is amended to read:
"Section 4-3-460. Richland County is bounded on the north by Fairfield County, from which it is separated by new boundary lines set forth and specifically described in the location and boundary of Fairfield County; on the east by Kershaw County and Sumter County from which it is separated by the Wateree River; on the south by Calhoun County; on the west by Lexington County, from which it is separated by a line beginning on the Congaree River where the counties of Lexington and Richland meet on the southern division thereof, and running thence with the Congaree River to where the confluence of the Broad and Saluda Rivers unite to form the Congaree, and following the thread of Saluda River about two and one-half miles to a concrete boundary marker; thence in a northwesterly direction upon the circumference of a circle having Lexington courthouse as its center, with a radius of not less than eight miles and a deflection of 1_ 21' for every one thousand feet, to a concrete boundary marker on the eastern boundary line of the town of Irmo; thence along the boundary line of the town of Irmo to the northeast corner of the town; thence west along the northern boundary of the town of Irmo 2,260 feet to a stake located thereon; thence along the circumference of the circle first described 11,360 feet to a stake; then N. 42_ 30' W. 878 feet; thence west 5,000 feet to a stake; thence S. 85_ W. 5,000 feet to a stake; thence S. 80_ W. 5,541 feet to a stake; thence N. 37_ 28' W. 10,618 feet to a stake; thence S. 85_ W. 750 feet to a pine; thence N. 34_ 45' W. 10,491 feet to a stake; thence N. 22_ E. 914 feet to a stake; thence N. 37_ 5' W. 1,313 feet to a stake; thence N. 13_ 45' E. 2,597 feet to a stake; thence N. 56_ 35' E. 3,920 feet to a point on Rocky Ford on Wateree Creek; thence north, northeast and east along the Wateree Creek to where it empties into Broad River. To the above-described area of Richland County is to be added all that territory transferred from Lexington County by act approved March 11 1922, to wit: all that certain piece of land containing 8,900 acres, or 14 square miles, situate in the northeastern part of Lexington County on the Broad River, and being bounded and delineated as follows, to wit: beginning at a point on the Broad River, and running S. 41_ W. 82.51 chains to a stake; thence turning and running S. 32.5_ W. 160.65 chains to a stake; thence running along a creek which empties into Wateree Creek 42.24 chains to a stake; thence running to the point where said creek joins Wateree Creek 71.51 chains; thence running along Wateree Creek 94 chains; thence turning and running S. 23_ E. 142.50 chains to a point in Slice Creek known as Rocky Ford; thence turning and running northerly along Slice Creek 164 chains; thence turning and running easterly along Wateree Creek 305.00 chains to the point of entrance of Wateree Creek and Broad River; thence turning and running in a northwesterly direction along Broad River 410 chains, said piece of land being bounded on the west by Newberry County, on the south and southwest by Lexington County, on the south by Richland County, and on the east and north by the Broad River, being more particularly known as the plat of said property, completed on November 25 1921, by W.A. Counts and J.C. Wessinger, surveyors, said plat being filed in the office of the Secretary of State Governor."
SECTION 36. Section 4-3-490 of the 1976 Code is amended to read:
"Section 4-3-490. Sumter County is bounded as follows: on the north by Kershaw, Lee and Florence Counties; on the east by Florence County; on the south by Clarendon County, from which it is separated by the northwestern line of Clarendon County mentioned in Section 4-3-140 defining boundaries of Clarendon County; on the west by the Santee River, which separates it from Richland County; on the northwest by Kershaw County, from which it is separated by a line running up Raglin's Gut to Big Swift Creek and in addition the following territory transferred from Clarendon County by act of the General Assembly, approved March 7 1921, to wit: commencing at a point on the Sumter County line and running due south 1.42 miles to an oak at the intersection of the public road leading from Paxville to Pinewood with the road leading from Paxville to Broadways siding; then S. 9_ 30' E. 1.52 miles to the center of the Curtis Mill dam; then S. 1_ 20' E. 2.36 miles to the intersection of the run of Hungary Hall Branch with the run of Des Champs Branch; then following the run of Des Champs Branch to the intersection of said run with the public road leading from Panola to Calvary Church; then S. 78_ 2.93 miles to intersection with the line of School District No. 1; then S. 2_ 30' W. 2.49 miles to intersection with the boundary between Big Home, Hickory Hill and Elmwood plantation or to intersection with a projection of said boundary line; then S. 39_ W. 4000 feet, then N. 47_ W. 817 feet; then in a southwest direction to Santee River; then in a northwest direction up the Santee River to a point where the same intersects the Sumter County line, then eastwardly along the Sumter line to the beginning point. The metes and bounds and location and lines are more accurately set forth on plat bearing date July 16 1920, made by Theodore C. Hamby, William Weston and Lindley Arthur, filed in the office of the Secretary of State Governor. The territory to be taken from Clarendon County to be added to and to be incorporated into Sumter County contains, by actual survey, 93.50 square miles; less, however, that territory transferred to Clarendon County by act approved March 11 1922, to wit: all that certain territory or portion of Sumter County embraced within the following lines and boundaries, to wit: beginning at a point on Santee River 72 feet northwest of the center of the Atlantic Coast Line Railroad running from Sumter to Orangeburg, running N. 46_ 50' E. for a distance of 9521 feet parallel to railroad; thence N. 41_ 2' E. for a distance 5658 feet to a point 72 feet west of center of railroad; thence N. 16_ E. for a distance of 7257 feet, parallel to railroad; thence N. 26_ 50' E. for a distance of 8650 feet to a point 72 feet northwest of railroad; thence S. 87_ E. for a distance of 6864 feet; thence N. 12_ 30' E. for a distance of 8840 feet; thence N. 87_ 30' E. for a distance of 5920 feet; thence S. 15_ 30' E. for a distance of 5430 feet; thence S. 65_ W. for a distance of 2370 feet; thence S. 9_ W. for a distance of 3432 feet; thence N. 85_ E. for a distance of 13200 feet; thence S. 1_ 20' E. for a distance of 10479 feet to the intersection of Hungary Hall Branch and Des Champs Branch; thence up the run of Des Champs Branch in a southwesterly direction to the public road; thence S. 78_ W. for a distance of 16390 feet; thence S. 2_ 30' W. for a distance of 13200 feet; thence S. 39_ W. for a distance of 4000 feet; thence N. 47_ W. for a distance of 817 feet; thence S. 42_ W. for a distance of 2248 feet; thence S. 40_ W. for a distance of 2280 feet; thence S. 37_ 30' W. for a distance of 13268 feet to a point on Santee River; thence up Santee River to the beginning point 72 feet northwest of railroad."
SECTION 37. Section 4-5-150 of 1976 Code is amended to read:
"Section 4-5-150. Certified plats of such line shall be filed with the Secretary of State Budget and Control Board, Office of Research and Statistics and with the respective clerks of court of each county affected thereby and a deposit of an amount of money sufficient to cover expenses of survey and plats and other necessary expenses including advertising shall be made with the treasurer of the county whose territory is proposed to be reduced by those requesting or petitioning for the change of line."
SECTION 38. Section 4-5-190 of the 1976 Code, as last amended by Act 520 of 1988, is further amended to read:
"Section 4-5-190. Except as provided for in Section 4-5-170(B), the commissioners of elections for the county from which the area is proposed to be transferred shall canvass the returns of the managers of each precinct in the area seeking annexation in their county as the returns are canvassed in general elections and shall certify the results of the canvassing in a tabulated statement of the vote at each precinct to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each precinct of the county to the Senate and House of Representatives at its next session."
SECTION 39. Section 4-5-200 of the 1976 Code, as last amended by Act 520 of 1988, is further amended to read:
"Section 4-5-200. Except as provided in Section 4-5-170(B), the commissioners of election for the county to which the area is proposed to be transferred shall canvass the returns of the managers of each voting place in the county as the returns are canvassed in the general elections and shall certify the results of the canvass in a tabulated statement of the vote at each polling place to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each polling place to the General Assembly for action as provided for in Section 4-5-220."
SECTION 40. Section 4-7-110 of the 1976 Code is amended to read:
"Section 4-7-110. The commissioners of election for each old county proposed to be cut shall canvass the returns of the managers of each precinct in their county at which such election has been held, as such returns in general elections in this State are canvassed, and shall certify the result thereof in a tabulated statement of the vote at each precinct to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each precinct of an old county proposed to be cut off to both branches of the General Assembly at its next session."
SECTION 41. Section 4-8-100 of the 1976 Code, as last amended by Act 319 of 1992, is further amended to read:
"Section 4-8-100. Whenever a charter for the consolidation of any county and the municipalities and other political subdivisions within the county has been adopted, the county governing body shall furnish a certified copy of the charter with returns of the special election provided for in this chapter to the Secretary of State Governor. The Secretary of State Governor shall issue his proclamation showing and declaring the results of the election on the adoption of the proposed charter. One copy of the proclamation must be attached to a copy of the charter certified to the Secretary of State Governor and one copy must be delivered to the clerk of the governing body of the county and the clerks of the governing bodies of the respective municipalities of the county."
SECTION 42. Section 4-9-10 of the 1976 Code is amended to read:
"Section 4-9-10. (a) Each county, after at least two public hearings which shall have been advertised in a newspaper of general circulation in the county and wherein the alternate forms of government provided for in this chapter are explained by the legislative delegation of the county, may prior to July 1, 1976, conduct a referendum to determine the wishes of the qualified electors as to the form of government to be selected or become subject to the provisions of subsection (b) of this section. The referendum may be called by an act of the General Assembly, resolution of the governing body, or upon petition of not less than ten percent of the registered electors of the county. The referendum shall be conducted by the county election commission. The question submitted shall be framed by the authority calling for the referendum and when called by petition such petition shall state the question to be proposed. All alternate forms of government provided for in this chapter shall appear on the ballot and unless one form receives a majority favorable vote in the initial referendum, a second or runoff referendum shall be held two weeks after the first referendum at which time the two forms which received the highest number of votes shall again be submitted to the qualified electors for final selection of the form to be adopted. A referendum may also be called to determine the wishes of the registered electors as to the question of whether the members of the governing body of the county shall be elected from defined single member election districts or at large from the county. Such referendum may be called by an act of the General Assembly, resolution of the governing body of the county or by petition of not less than ten percent of the registered electors. The governing body shall by resolution provide for adoption of the form of government selected in the referendum, which shall be filed in the office of the Secretary of State Governor and be effective immediately upon such filing. All resolutions which adopt a form of county government shall be printed in the Code of Laws of South Carolina and remain a part thereof until amended or repealed. The General Assembly shall provide for the number of councilmen or commissioners. In the event that the members of the governing body are required to be elected from defined single member election districts, the General Assembly shall provide for the composition of such districts.
(b) Notwithstanding any other provisions of this chapter, unless otherwise determined by referendum prior to July 1, 1976, the county concerned shall, beginning on that date, have the form of government including the method of election, number, composition and terms of the governing body most nearly corresponding to the form in effect in the county immediately prior to that date, which the General Assembly hereby determines to be as follows:
For the counties of Abbeville, Allendale, Barnwell, Calhoun, Dillon, Georgetown, Greenwood, Horry, Laurens, Oconee and Saluda, the council form of government as prescribed in Article 3 of this chapter.
For the counties of Anderson, Bamberg, McCormick, Union and York, the council-supervisor form of government as prescribed in Article 5 of this chapter.
For the counties of Aiken, Beaufort, Charleston, Cherokee, Chester, Chesterfield, Clarendon, Darlington, Dorchester, Edgefield, Fairfield, Florence, Greenville, Hampton, Jasper, Kershaw, Lee, Lancaster, Lexington, Newberry, Pickens, Richland, Spartanburg and Sumter the council-administrator form of government as prescribed in Article 7 of this chapter.
For the counties of Berkeley, Colleton, Marion, Orangeburg, Marlboro and Williamsburg, the county board of commissioners form of government as prescribed in Article 11 of this chapter.
For those counties in which the county governing body, immediately prior to June 25, 1975, was appointed rather than elected, the members of the governing body shall be required to be elected from defined single member election districts, unless otherwise determined by a valid referendum prior to July 1, 1976. For the purpose of this section, such referendum shall be deemed valid unless declared to be in violation of state or federal law by a court of competent jurisdiction.
(c) After the initial form of government and the number and method of election of county council including the chairman has been adopted and selected, the adopted form, number, and method of election shall not be changed for a period of two years from the date such form becomes effective and then only as a result of a referendum as hereinafter provided for. Referendums may be called by the governing body or upon petition of not less than ten percent of the registered electors of the county. Petitions shall be certified as valid or rejected by the county board of registration within sixty days after they have been delivered to the board and, if certified, shall be filed with the governing body which shall provide for a referendum not more than ninety days thereafter. If more than one petition is filed within the time allowed for such filing, the petition bearing the largest number of signatures of registered electors shall be the proposal presented, in the manner set forth hereinafter. Referendums shall be conducted by the county election commissioner and may be held in a general election or in a special election as determined by the governing body. No change to an alternate form of government, different number of council members, or method of election of council including the chairman as a result of a referendum shall become effective unless such proposed form receives a favorable vote of a majority of those persons voting in a referendum. In any referendum, the question voted upon, whether it be to change the form of government, number of council members, or methods of election, shall give the qualified electors an alternative to retain the existing form of government, number of council members, or method of election or change to one other designated form, number, or method of election. After a referendum has been held and whether or not a change in the form results therefrom, no additional referendums shall be held for a period of four years.
If the governing body of the county as initially or subsequently established pursuant to a referendum or otherwise shall be declared to be illegal and not in compliance with state and federal law by a court of competent jurisdiction, the General Assembly shall have the right to prescribe the form of government, the method of election, and the number and terms of council members but may submit to the qualified electors by referendum a question as to their wishes with respect to any element thereof which question shall include as an option the method of election in effect at the time of the referendum.
(d) Notwithstanding any other provision of this section, the council-manager form of government as provided for in Article 9 of this chapter shall be adopted only after receiving a favorable referendum vote.
(e) All members of the governing bodies of the respective counties serving terms of office on the date on which a particular form of county government becomes effective shall continue to serve the terms for which they were elected or appointed and until their successors are elected or appointed and have qualified."
SECTION 43. Section 4-11-30 of the 1976 Code is amended to read:
"Section 4-11-30. In all cases in which the Governor is required to appoint any person to any position created by statute in any county of this State having a population of between 101,060 and 117,000, as shown by the United States census of 1930, upon the recommendation of a certain number or proportion of the county legislative delegation from such county or by a certain proportion of the House delegation and the Senator of such county, as the case may be, the Governor shall make such appointments within ten days from the date of the filing in his office of such recommendation signed by the requisite number of members of the House and Senate as may be required under the terms of the particular statute relating to that particular position. Upon the failure of the Governor to make any such appointment and certify the same immediately to the Secretary of State Governor within the time limit herein provided, such recommendation so signed and filed in the office of the Governor shall of itself, automatically as a matter of law, immediately operate as an effectual appointment of the person so recommended, having the same legal force and effect as though the Governor himself had made the appointment, and thereupon the Secretary of State Governor shall immediately, upon the expiration of said ten-day period, issue to the person so appointed a commission in the usual form showing such appointment and deliver it to the appointee, who shall upon production thereof be entitled to take over the office or other position to which he has been appointed, and any person in possession thereof shall forthwith surrender the same to him, together with all records and property relating thereto."
SECTION 44. Section 4-11-290 of the 1976 Code, as added by Act 516 of 1992, is amended to read:
"Section 4-11-290. (A) For purposes of this section, 'special purpose district' or 'district' means any district created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, and includes those districts created by special legislation as well as those districts created by virtue of referenda held pursuant to general legislation.
(B) No special purpose district may be dissolved pursuant to this section if any one or more of the following conditions exists:
(1) the district is presently providing a governmental service within its boundaries;
(2) the district has outstanding general obligation indebtedness;
(3) the district has outstanding indebtedness payable from revenues derived from the provision of one or more governmental services; and
(a) the indebtedness has not been declared in default by or upon behalf of the holder of it, or
(b) a receiver has been appointed to manage the affairs of the district or application has been made for the appointment of a receiver; or
(4) the district has provided a governmental service within two years of the date of the petition and has formally budgeted funds to resume the provision of a governmental service within the present or succeeding fiscal year;
(5) the governing body of a county in which the district is located objects to the dissolution of the district.
(C) An individual residing or owning property within the boundaries of a special purpose district may petition the Secretary of State Attorney General to dissolve the district through the issuance of an order of dissolution.
(D) A petition for dissolution of a special purpose district must contain the following items:
(1) a description of the governmental services which the district is authorized by law to provide;
(2) a statement that the district is not presently providing any authorized governmental service;
(3) identification of the special legislation or the general legislation pursuant to which the district was created. If the district was created pursuant to general legislation, the petition must state the date upon which the approving referendum was held;
(4) a general description of the boundaries of the district. If the boundaries of the district have at any time been enlarged or diminished pursuant to general laws, the date or dates of the action must be stated;
(5) a statement of the reason or reasons for which dissolution of the district is sought.
(E) The petition must be filed with the clerk of court of each county in which the district is located, and a certified copy of the petition shall within ten days after that time be filed with the Secretary of State Attorney General.
(F) The Secretary of State Attorney General shall, upon receipt of a petition, commence proceedings as set forth in this subsection for the purpose of investigating the matters set forth in the petition and determining whether a district must be dissolved.
(1) Within twenty days of the receipt of a petition, the Secretary of State Attorney General shall serve upon the Governor, the State Treasurer, and the governing bodies of the county or counties in which the district is located a copy of the petition, together with a copy of the notice of review authorized by subsection (F)(2). The Governor, the State Treasurer, and the county governing bodies may comment upon the petition, or in the case of county governing bodies, interpose an objection to dissolution of the district, by serving a return to the petition setting forth the comments or grounds for the objection within forty days of the service of the petition.
(2) Within twenty days of the receipt of a petition, the Secretary of State Attorney General must have published in a newspaper of general circulation in each county in which the district is located once a week for three successive weeks a notice of review which must state:
(a) the name of the district and the boundaries of it;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization;
(c) the date upon which the petition was received by the Secretary of State Attorney General;
(d) that the petition is available for inspection at the office of the clerks of court in each county in which the district is located;
(e) that the Secretary of State Attorney General is reviewing the matters set forth in the petition and may undertake to dissolve the district if the matters are found to be true;
(f) the names of the persons shown in the records of the Secretary of State Attorney General, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district. In the case of an appointed governing body, there also must be identified the official or officials charged with appointing the members of the governing body; and
(g) that persons wishing to comment upon the dissolution of the district may file a return to the petition within twenty days of the last publication of the notice.
(3) A copy of the petition and the notice of review must be served, in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and mailed to the last known address, if any, of the office of the governing body.
(G) Upon the expiration of the time periods set forth in subsections (F)(1) and (2), the filing of a return to the petition, the Secretary of State Attorney General shall determine whether the district must be dissolved. The district must be dissolved if the procedures established by this section have been met and if none of the conditions set forth in subsection (B) are found by the Secretary of State Attorney General to exist. The findings of the Secretary of State Attorney General must be published in an order of dissolution. The order of dissolution must state:
(1) the name of the district and the boundaries of it;
(2) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by such authorization;
(3) the date upon which the petition was received by the Secretary of State Attorney General;
(4) that the petition has been served upon the Governor, the State Treasurer, and the governing bodies of each county in which the district is located;
(5) that the notice of review provided for by subsection (F)(2) was published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located;
(6) that the persons shown in the records of the Secretary of State Attorney General, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district, were served with a copy of the petition and the notice of review; and
(7) that the Secretary of State Attorney General has caused investigation to be made and has determined that the district must be dissolved pursuant to this act.
(H)(1) The order of dissolution must be filed in the office of the clerk of court in each county in which the district is located. The Secretary of State Attorney General shall have published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located a notice of dissolution, which must state:
(a) the date of the filing of the petition;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization and the boundaries of the district;
(c) that the Secretary of State Attorney General has determined that the district must be dissolved pursuant to this section;
(d) that the order of dissolution is available for inspection in the office of clerk of court of each county in which the district is located; and
(e) that the order of dissolution will become final on the twenty-first day following the final publication of the notice of dissolution.
(2) The notice of dissolution also must be served upon the Governor and the State Treasurer in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and be mailed to the last known address, if any, of the office of such governing body.
(3) Any resident or landowner of the district, the Governor, the State Treasurer, or a county governing body may, by action de novo instituted in the court of common pleas in a county in which the district is located, within twenty days following the publication of the notice of dissolution, but not afterwards, challenge the action of the Secretary of State Attorney General. The scope of any action must be limited to the authorization of the Secretary of State Attorney General to issue the order of dissolution in accordance with the requirements of this chapter or of the Constitution of this State.
(I) In the event a district is located in more than one county and the Secretary of State Attorney General declines to issue an order of dissolution solely on the grounds that the governing bodies of one or more of such counties object to dissolution, the governing body of any county which does not object to dissolution is authorized to diminish the boundaries of the district so that it no longer includes any portion of that county. In diminishing the boundaries of a district, the governing body shall utilize the procedure set forth in Article 3, Chapter 11, Title 6. No consent or action by the governing bodies of other counties in which the district is located is required."
SECTION 45. Section 5-1-10 of the 1976 Code is amended to read:
"Section 5-1-10. All municipalities which have a certificate of incorporation issued by the Secretary of State Governor and all township governments which have heretofore been established by act of the General Assembly are hereby declared to be perpetual bodies, politic and corporate and are entitled to exercise all the powers and privileges and are subject to all the limitations and liabilities provided for municipal corporations in this State.
The incorporation or corporate capacity of any municipality or township government established heretofore by act of the General Assembly shall not be attacked in any court in this State except as hereinafter provided by statute."
SECTION 46. Section 5-1-30 of the 1976 Code, as last amended by Act 7 of 1991, is further amended to read:
"Section 5-1-30. Before issuing a corporate certificate to a proposed municipality, the Secretary of State Governor shall first determine:
(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;
(2) that no part of the area is within five miles of the boundary of an active incorporated municipality; and
(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State Governor.
When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.
The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.
The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent of the freeholders and fifty of the electors of the respective areas seeking incorporation. The freeholders and electors need not be all different persons.
This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."
SECTION 47. Section 5-1-40 of the 1976 Code is amended to read:
"Section 5-1-40. Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State Governor their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by fifty qualified electors thereof and fifteen percent of the freeholders who reside within the proposed municipality."
SECTION 48. Section 5-1-50 of the 1976 Code is amended to read:
"Section 5-1-50. After receipt of such a petition, the Secretary of State Governor shall then issue to three or more persons residing in the area of such proposed municipality, a commission empowering them to (a) hold an election not less than twenty days nor more than ninety days after the issuance of the commission, and (b) appoint three managers of election who shall conduct such election. Notice of the election shall be published in a newspaper of general circulation in the community [or] by posting in three public places within the area sought to be incorporated which shall contain detailed information concerning the election. The notice shall be published or posted not less than five nor more than fifteen days before the date of the election.
At such election, all registered electors living in the area sought to be incorporated shall be allowed to vote on the following questions: (a) incorporation; (b) name of the municipality; (c) the form of government; (d) method of election as prescribed in Section 5-15-20; (e) whether the election shall be partisan or nonpartisan; and (f) the terms of the mayor and council members. When any of the above questions proposed in an election contain more than two options, the option receiving the highest number of votes will prevail.
Provided, however, that when any community votes in favor of incorporation pursuant to this section and selects a form of government in such election, notwithstanding the results of the selections made by the voters as to questions (d), (e) and (f) above, the initial governing body of the incorporated municipality shall consist of four council members and a mayor, all elected at large in a nonpartisan election for terms of two years.
The managers of election shall conduct the election, unless otherwise provided for in this chapter, according to the general law governing the conduct of special elections mutatis mutandis."
SECTION 49. Section 5-1-70 of the 1976 Code is amended to read:
"Section 5-1-70. The commissioners shall certify the result of such election under oath to the Secretary of State Governor, and if the result is in favor of incorporation, the Secretary of State Governor shall issue a certificate of incorporation of such municipality and the municipality shall have all the privileges, powers and immunities and shall be subject to the limitations provided by law."
SECTION 50. Section 5-1-80 of the 1976 Code is amended to read:
"Section 5-1-80. Before any certificate of incorporation is delivered by the Secretary of State Governor, he shall require the production of a receipt from the State Treasurer for the payment of the incorporation fees as follows: (a) for municipalities with a population of one thousand or less, one hundred dollars; (b) for municipalities with a population between one thousand and five thousand, three hundred dollars; (c) for municipalities with a population over five thousand, six hundred dollars."
SECTION 51. Section 5-1-100 of the 1976 Code is amended to read:
"Section 5-1-100. Whenever it shall appear that a municipality has decreased in population since its incorporation to less than fifty inhabitants, the certificate of such municipality shall be automatically forfeited and void. Whenever a majority of the registered electors of any municipality shall file with the municipal council of such municipality a petition requesting the municipal certificate be surrendered, the council shall order an election to determine the question, at which election all qualified electors of the municipality shall be permitted to vote, and if two-thirds of those voting shall vote in favor of surrendering the certificate, the council shall certify the result to the Secretary of State Governor, who shall thereupon cancel the certificate theretofore issued to such municipality.
If the Secretary of State Governor shall determine that any previously incorporated municipality is neither performing municipal services nor collecting taxes or other revenues and has not held an election during the past four years, he shall cancel the certificate of such municipality."
SECTION 52. Section 5-3-90 of the 1976 Code, as last amended Section 59, Act 181 of 1993, is further amended to read:
"Section 5-3-90. Any city or town increasing its territory shall file a notice with the Secretary of State Governor, Department of Transportation, and the Department of Public Safety describing its new boundaries. Such notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added."
SECTION 53. Section 5-3-280 of the 1976 Code is amended to read:
"Section 5-3-280. Whenever a petition is presented to a city or town council signed by a majority of the resident freeholders of the city or town asking for a reduction of the corporate limits of the city or town, the council shall order an election after not less than ten days' public advertisement. Such advertisement shall describe the territory that is proposed to be cut off. If a majority of the qualified electors vote at such election in favor of the release of the territory, then the council shall issue an ordinance declaring the territory no longer a portion of the city or town and shall so notify the Secretary of State Governor, furnishing him at the same time with the new boundaries of the town."
SECTION 54. Section 5-5-30 of the 1976 Code is amended to read:
"Section 5-5-30. Until changed by an election, the selection of the form of government as initially determined by the governing body by ordinance shall remain effective. The ordinance selecting the form of government shall be filed in the office of the Secretary of State Governor who shall issue an appropriate certificate of incorporation to the municipality. No other such election shall be held for a period of four years after an election is held pursuant to Section 5-5-20."
SECTION 55. Section 6-11-1620 of the 1976 Code is amended to read:
"Section 6-11-1620. (A) Within ninety days after the effective date of this article, and before December thirty-first of every even-numbered year thereafter, the governing bodies of all special purpose districts in this State must notify the Secretary of State Governor and the auditor of the county in which the special purpose district is located of their existence.
(B) The notification required by subsection (A) of this section must substantially conform to the following form and all portions of the form must be completed if applicable:
1. -----------------------------------------------------------
Legal Name of Special Purpose District
2. ------------------ ----------------------------------------
Permanent address (If no permanent address,
telephone number, name, and address of agent)
3. -----------------------------------------------------------
Services provided
4. -----------------------------------------------------------
-----------------------------------------------------------
General description of geographical boundary of service
area
(Attach legal description)
5. -----------------------------------------------------------
Citation of Statutory Authority (Please include copy)
6. -----------------------------------------------------------
Date of Origin
7. ----------------------------------------------------------
Tax Rate or Fee Charged
8. Names of Members of Governing Body and terms of
office:
------------------------------ --------------------------
------------------------------ --------------------------
9. ------------------ ----------------------------------------
Method of selecting members of governing body
10.Financial information for prior fiscal year (Please
identify year):
-----------------------------------------------------------
Total revenues by source including investment earnings
-----------------------------------------------------------
Total expenditures
-----------------------------------------------------------
Total indebtedness (indicate bonded or otherwise)
-----------------------------------------------------------
Total investments (individual amounts, location,
rate of interest)
11. ----------------------------------------------------------
Person Completing this Form
------------------ ------------------
Title Date
(C) The auditor of the county in which the special purpose district is located must inspect and sign the notification forms."
SECTION 56. Section 6-11-1630 of the 1976 Code is amended to read:
"Section 6-11-1630. (A) Notification as provided in Section 6-11-1620 must be forwarded to the Secretary of State Governor and the auditor of the county in which the district is located within ninety days after the election of the governing body of a special purpose district created after the effective date of this article.
(B) The Secretary of State Governor shall issue each even-numbered year a directory of active and inactive special purpose districts in the State. The directory shall contain all information provided by the districts as required by the notification form. Inactive districts must be deleted after being listed for two consecutive report cycles. This directory must be mailed to all special purpose districts and general purpose governments in the State.
(C) If the governing body of a public service district fails to report to the Secretary of State Governor as provided by this article, the Secretary Governor may determine that the district is nonfunctioning and notify the governing body of the county or municipality with a certified copy of the letter to any of the last known members of the governing body of the public service district. Thereafter, the district may not be registered with the Secretary of State Governor and it must be declared inactive.
(D) The governing body of any county or municipality so notified shall withhold any fees, taxes, or interest thereon collected for any special purpose district by the municipality or county until the special purpose district complies with the notification requirements of this article."
SECTION 57. Section 6-11-1640 of the 1976 Code is amended to read:
"Section 6-11-1640. (A) The Secretary of State Governor shall investigate failures of special purpose districts to disclose information required by this article. Where special failures are a result of good faith efforts to file reports, the Secretary of State Governor may grant extensions to districts not to exceed sixty days.
(B) When the reports required by this article have not been produced because of a volitional refusal by the governing body of a special purpose district, the Secretary of State Governor or the county auditor may seek a writ of mandamus in the county in which the special purpose district is located to compel the production of the reports."
SECTION 58. Section 6-13-20 of the 1976 Code is amended to read:
"Section 6-13-20. In order to create a district under the provisions of this article, at least twenty-five owners of real property residing within the boundaries of the proposed district shall file a petition with the governing body of the county which, among other things, shall propose a name for the district. The petition shall set forth a full description of the area of the district. Upon receipt of the petition, the governing body shall call for an election to be held within the area within sixty days. Notice of the election shall be published in a newspaper having general circulation within the area for at least two consecutive weeks prior to the election. The governing body shall have prepared and distributed a sufficient number of ballots, including absentee ballots, if requested. The ballots shall contain the question regarding the formation of the district and such other instructions as the governing body deems necessary. The governing body shall appoint managers for the election and such other personnel as it deems necessary and shall canvass the results of the ballots. The final result shall be filed in the office of the clerk of court and, if favorable, also in the offices of the Secretary of State Governor and the Code Commissioner, together with a full description of the district. Should a majority of those voting in the election vote in favor of the creation of the district, it shall become immediately effective."
SECTION 59. Section 6-13-120 of the 1976 Code, as added by Section 1, Act 6 of 1993, is amended to read:
"Section 6-13-120. (A) For purposes of this section, 'assuming service provider' includes, but is not limited to, a county, municipality, special purpose district as defined by Section 6-11-810(d), or corporation not for profit as defined by Section 33-35-10.
(B) A district created pursuant to the provisions of this article may be dissolved if the procedures proscribed in subsections (C) or (D) of this section are followed.
(C) A petition signed by not less than twenty-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days, and notify the county election commission of the county, or counties if the district is located in more than one county, in which the district is located of those customers eligible to vote in a referendum which must be held within sixty days after notification to the election commission. The district shall give thirty days notice to its customers of the referendum by including in the monthly statement for services a separate sheet of paper on which is printed the notice of the referendum which must state the time, date, purpose, and location where customers may vote. The commission, or commissions, if the district is located in more than one county, shall prepare the ballots, conduct the referendum, and determine its results pursuant to the election laws of this State, mutatis mutandis. The district shall reimburse the commission, or commissions, if the district is located in more than one county, for all costs incurred in conducting the referendum. If sixty percent of the resident users of the district voting in the referendum, excluding corporations, vote in favor of the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.
(D) A petition signed by not less than seventy-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days. If the verified petition is signed by seventy-five percent of the resident users of the district, excluding corporations, requesting the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.
(E) The governing body of the district must notify the Secretary of State Governor within sixty days of the referendum as provided in subsection (C), or verification of the petition as provided in subsection (D), if the district is dissolved."
SECTION 60. Section 6-16-50 of the 1976 Code is amended to read:
"Section 6-16-50. Upon fulfilling the requirements set forth in Section 6-16-40, each governing body which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative to the proposed joint agency. Any two or more representatives shall file with the Secretary of State Governor an application signed by the representative of each proposed member setting forth:
(a) The names of all the proposed members and their respective appointed representatives;
(b) A certified copy of (i) the resolution or ordinance of each member determining it is in its best interest to participate in the proposed joint agency and (ii) the resolution appointing such member's representative;
(c) The desire that the joint agency be organized as a public body and a body corporate and politic under this chapter;
(d) The name which is proposed for the joint agency.
The Secretary of State Governor shall file the application if after examining it and determining that it complies with the requirements set forth above and that the proposed name of the joint agency is not identical with that of any other corporation of the State or any agency or instrumentality or so nearly similar as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State Governor shall issue a corporate certificate which shall be filed with the application and the joint agency shall then be constituted a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the members and the name of the joint agency. Notice of the issuance of such corporate certificate shall be given to all members of the joint agency by the Secretary of State Governor.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of a joint agency, the joint agency in the absence of establishing fraud shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any such suit, action or proceeding and shall be conclusive proof of the filing and contents."
SECTION 61. Section 6-16-70 of the 1976 Code is amended to read:
"Section 6-16-70. After the creation of a joint agency, any other governing body may become a member upon:
(a) Adoption of a resolution or ordinance complying with the requirements of Section 6-16-40 including publication of notice;
(b) Submission of an application to the joint agency;
(c) Approval of such application by resolution of the governing body of each member of such joint agency.
Any member may withdraw from a joint agency by resolution or ordinance of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member shall remain in full force and effect.
Notice of any change in membership shall be filed in the office of the Secretary of State Governor and no change shall be final until such filing."
SECTION 62. Section 6-19-40 of the 1976 Code is amended to read:
"Section 6-19-40. (a) Application for a grant hereunder may be made to the advisory committee and accompanied by an application to the primary financial source and processed by the Department of Health and Environmental Control. The Department of Health and Environmental Control, on approval of the advisory committee, shall make the necessary rules and regulations for the consideration and processing of all State grant requests appropriated under this chapter, which shall generally conform to those used by federal grant and loan agencies, and which rules shall must be filed promulgated in the office of the Secretary of State accordance with the provisions of the Administrative Procedures Act (Chapter 23, Title 1). The rules shall contain, but shall not be limited to the following criteria:
(1) preliminary engineering costs study;
(2) bonded indebtedness of the district, authority or community;
(3) financial conditions of the district, authority or community;
(4) costs per connection;
(5) economic level in the district, area or community;
(6) ratio of contracted users to potential users which shall not be less than sixty-seven percent;
(7) conformity to overall State, regional or local plans;
(8) operation and maintenance costs identified and proper replacement costs;
(9) amount of connection charges and minimum user charges; and
(10) sustaining costs of rural water and sewer systems.
(b) No funds shall be dispensed until the applicant furnishes evidence of a commitment from the primary financial source."
SECTION 63. Section 6-23-50 of the 1976 Code is amended to read:
"Section 6-23-50. Upon fulfilling the requirements set forth in Section 6-23-40 hereof, the governing body of each municipality which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative of the proposed joint agency. Any two or more representatives so appointed shall file with the Secretary of State Governor an application signed by a representative of each proposed member municipality setting forth:
(a) The names of all the proposed member municipalities and their respective appointed representatives;
(b) A certified copy of the resolution or ordinance of each member municipality determining it is in its best interest to participate in the proposed joint agency and the resolution appointing such representative;
(c) The desire that the joint agency be organized as a public body and a body corporate and politic under this chapter; and
(d) The name which is proposed for the joint agency. The Secretary of State Governor shall examine the application and, before filing such application, shall determine that the application complies with the requirements set forth above and, in addition, that the proposed name of the joint agency is not identical with that of any other corporation of the State or any agency or instrumentality thereof or so nearly similar as to lead to confusion and uncertainty. Thereupon, the Secretary of State Governor shall receive and file the application.
When the application has been made and filed as provided herein, the Secretary of State Governor shall make and issue a corporate certificate which shall be filed with the application, and the joint agency shall thereupon be and constitute a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the member municipalities and the name of the joint agency. The existence of the joint agency shall begin when the corporate certificate is issued by the Secretary of State Governor. Notice of the issuance of such corporate certificate shall be given to all member municipalities of the joint agency by the Secretary of State Governor. The joint agency shall give notice of the issuance of such corporate certificate to the Public Service Commission.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the joint agency, the joint agency, in the absence of establishing fraud, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the aforesaid certificate by the Secretary of State Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any such suit, action or proceeding, and shall be conclusive proof of the filing and contents thereof."
SECTION 64. Section 6-25-50 of the 1976 Code is amended to read:
"Section 6-25-50. Upon fulfilling the requirements set forth in Section 6-25-40, each governing body which determines that its participation in the proposed joint system is in its best interest shall by resolution appoint one representative to the proposed joint system. Any two or more representatives shall file with the Secretary of State Governor an application signed by the representative of each proposed member setting forth:
(a) The names of all the proposed members and their respective appointed representatives;
(b) A certified copy of (i) the resolution or ordinance of each member determining it is in its best interest to participate in the proposed joint system and (ii) the resolution appointing such member's representative;
(c) The desire that the joint system be organized as a public body and a body corporate and politic under this chapter;
(d) The name which is proposed for the joint system.
The Secretary of State Governor shall file the application if after examining it and determining that it complies with the requirements in this section and that the proposed name of the joint system is not identical with that of any other corporation of the State or any agency or instrumentality or so nearly similar as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State Governor shall issue a corporate certificate which shall be filed with the application, and the joint system shall then be constituted a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the members and the name of the joint system. Notice of the issuance of such corporate certificate shall be given to all members of the joint system by the Secretary of State Governor.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a joint system, the joint system in the absence of establishing fraud shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any suit, action, or proceeding and shall be conclusive proof of the filing and contents."
SECTION 65. Section 6-25-70 of the 1976 Code is amended to read:
"Section 6-25-70. After the creation of a joint system, any other municipality may become a member upon:
(a) Adoption of a resolution or ordinance by the governing body complying with the requirements of Section 6-25-40 including publication of notice;
(b) Submission of an application to the joint system;
(c) Approval of such application by resolution of the governing body of each member of such joint system.
Any member may withdraw from a joint system by resolution or ordinance of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member must remain in full force and effect.
Notice of any change in membership must be filed in the office of the Secretary of State Governor, and no change is final until such filing."
SECTION 66. Section 7-9-10 of the 1976 Code is amended to read:
"Section 7-9-10. Political parties desiring to nominate candidates for offices to be voted on in a general or special election shall, before doing so, have applied to the State Election Commission (Commission) for certification as such. Parties shall nominate candidates of that party on a regular basis, as provided in this title, in order to remain certified. Any certified political party that fails to organize on the precinct level as provided by Section 7-9-50, hold county conventions as provided by Sections 7-9-70 and 7-9-80, and hold a state convention as provided by Section 7-9-100; that fails to nominate candidates for national, state, multi-county district, countywide, or less than countywide office by convention or party primary as provided by Sections 7-11-20, 7-11-30, and 7-13-40; and that fails to certify the candidates as provided by Section 7-13-350 in at least one of two consecutive general elections held on the first Tuesday following the first Monday in November of an even-numbered year, or that fails to nominate and certify candidates in any other election which might be held within the period of time intervening between the two general elections, must be decertified by the State Election Commission. The party must be notified in writing of its decertification at the last address of record. If the notification of decertification is returned as undeliverable, it must be placed on file in the office of the State Election Commission and with the Secretary of State.
Any decertified party or any noncertified party, organization, or association may obtain certification as a political party at any time by filing with the Commission a petition for the certification signed by ten thousand or more registered electors residing in this State, giving the name of the party, which must be substantially different from the name of any other party previously certified.
No petition for certification may be submitted to the Commission later than six months prior to any election in which the political party seeking certification wishes to nominate candidates for public office.
At the time a petition is submitted to the Commission for certification, the Commission shall issue a receipt to the person submitting the petition which reflects the date the petition was submitted and the total number of signatures contained therein. Once the petition is received by the Commission, the person submitting the petition shall not submit or add additional signatures.
If the Commission determines, after checking the validity of the signatures in the petition, that it does not contain the required signatures of registered electors, the person submitting the petition must be notified and shall not submit any new petition seeking certification as a political party under the same name for one year from the date the petition was rejected.
Once a petition for certification has been submitted and rejected by the Commission, the same signatures may not be submitted in any subsequent petition to certify a new political party.
Once submitted for verification, a petition for certification may not be returned to the political party, organization, or association seeking certification, but shall become a part of the permanent records of the Commission."
SECTION 67. Section 7-9-80 of the 1976 Code is amended to read:
"Section 7-9-80. Each county convention shall be called to order by the county chairman and shall proceed to elect a temporary president, a temporary secretary and a committee on credentials for the purpose of organizing. When organized, it shall elect a permanent president, a secretary and treasurer. It shall also elect the county chairman, the county vice-chairman and a member of the State committee from the county and as many delegates to the State convention as triple the number of members from the county in the House of Representatives, plus one. But county conventions at their discretion may elect double the number of delegates in which case each delegate shall have one-half vote. The secretary of the convention shall keep a record of the proceedings in the minute book.
All officers except delegates shall be reported to the clerk of court of the county and to the Secretary of State State Election Commission prior to the State convention. The reports shall be public record."
SECTION 68. Section 7-9-100 of 1976 Code, as last amended by Act 136 of 1989, is further amended to read:
"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.
The officers of the state convention must be a president, vice president, two secretaries, and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission within fifteen days of their election and the reports must be public record."
SECTION 69. Section 7-13-70 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'
It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State State Election Commission. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 70. Section 7-13-180 of the 1976 Code is amended to read:
"Section 7-13-180. Whenever an amendment to the Constitution of this State shall be voted upon at any election, the commissioners of election of each county in the State shall have such amendment conspicuously posted at each voting precinct in the county upon the day of the election. Such printed amendments shall be furnished to the commissioners of election by the Secretary of State State Election Commission."
SECTION 71. Section 7-13-320 of the 1976 Code is amended to read:
"Section 7-13-320. General election ballots shall conform to the following standards and specifications:
(A) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall be of such size and color as directed by the State Election Commission. If more than one ballot is to be used in any election, each such ballot shall be printed upon different colored paper;
(B) Across the top of the ballot shall be printed 'Official Ballot, General Election,' beneath which shall be printed the date of the election, the county and the precinct. Above the caption of each ballot shall be one stub, with a perforated line between the stub and the top of the ballot. The stub shall have printed thereon 'Official Ballot, General Election' and then shall appear the name of the county, the precinct and the date of the election. On the right side there shall be a blank line under which there shall be 'Initials of Issuing Officer.' Stubs on ballots for each precinct shall be prenumbered consecutively, beginning with No. 1;
(C) On the ballot for presidential electors there shall be printed, under the titles of the offices, the names of the candidates for President and Vice President of the United States nominated by each political party qualified under the provisions of Section 7-9-10 and those nominated by petition. A separate column shall be assigned to each political party with candidates and to each separate petition slate of candidates on the ballot and each party and each petition candidate's columns shall be separated by distinct black lines. At the head of each column the party or petition name shall be printed in large type and below it a circle, one-half inch in diameter, and below the circle the names of the party's and petition candidates for President and Vice President in that order. On the face of the ballot above the party and petition candidate's column division the following instruction shall be printed in heavy black type:
a. To vote this ballot make a cross (X) mark in the circle below the name of the political party or petition column for whose candidates you wish to vote.
b. A vote for the names of a political party's candidates or petition candidates for President and Vice President is a vote for the electors of that party or petition candidates, the names of whom are on file with the Secretary of State State Election Commission.
On the bottom of the ballot shall be printed an identified facsimile of the signature of the Executive Director of the State Election Commission.
The official ballot for presidential electors shall not be combined with any other official ballots.
(D) The names of candidates offering for any other office shall be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county or other office.
(E) The names of the several officers to be voted for and the tickets of the parties and petition candidates shall be placed on the ballots in an order as arranged by the State Election Commission as to those ballots for which it is responsible for distribution and by the commissioners of election for the respective counties as to the ballots for which they are responsible for distribution, including those for State Senator and member of the House of Representatives. If the State Senator or member of the House of Representatives or any other officer is to be elected from more than one county, the commissioners of election from the various counties from which they are to be elected shall assure that there shall be uniformity of placement on the ballots of their respective counties and should the commissioners fail to agree within sixty days prior to the general election, and upon receipt of written certification by at least one commissioner, that they have failed to act, the State Election Commission shall determine the order of placing the names on the ballots."
SECTION 72. Section 7-17-290 of the 1976 Code is amended to read:
"Section 7-17-290. The Board shall make and subscribe, on the proper statement, a certificate of their determination and shall deliver the same to the Secretary of State Governor."
SECTION 73. Section 7-17-300 of the 1976 Code is amended to read:
"Section 7-17-300. The Secretary of State Governor shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination which shall be delivered to him by the Board of State Canvassers and every dissent or protest that shall have been delivered to him by a canvasser."
SECTION 74. Section 7-17-310 of the 1976 Code is amended to read:
"Section 7-17-310. The Secretary of State Governor shall, without delay, transmit a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected and a like copy to the Governor."
SECTION 75. Section 7-17-320 of the 1976 Code is amended to read:
"Section 7-17-320. The Secretary of State Governor shall cause a copy of such certified statements and determinations to be printed in one or more public newspapers of this State."
SECTION 76. Section 7-17-330 of the 1976 Code is amended to read:
"Section 7-17-330. The Secretary of State Governor shall prepare a general certificate, under the seal of the State and attested by him as Secretary thereof, addressed to the House of Representatives of the United States in that Congress for which any person shall have been chosen, of the due election of such person as Representative of this State in Congress and shall transmit the same to such House of Representatives at their first meeting."
SECTION 77. Section 7-17-340 of the 1976 Code is amended to read:
"Section 7-17-340. The Secretary of State Governor shall enter in a book to be kept in his office the names of the respective county officers elected in this State, specifying the counties for which they were severally elected, their place of residence, the office for which they were respectively elected and their term of office."
SECTION 78. Section 7-19-70 of the 1976 Code is amended to read:
"Section 7-19-70. Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this chapter for the election of state officers.
The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State State Election Commission but shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State State Election Commission.
Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State chairman of the State Election Commission, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors.
It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors pursuant to the laws of the State providing for the election and appointment of the electors, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of appointment of the electors, setting forth the names of the electors and the canvass or other ascertainment under the laws of this State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast. It shall also thereupon be the duty of the Governor to deliver to the electors of the State, on or before the day on which they are required by law to meet, six duplicate originals of the same certificate under the seal of the State. If there shall have been any final determination in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the Governor, as soon as practicable after the determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination."
SECTION 79. Section 7-19-80 of the 1976 Code is amended to read:
"Section 7-19-80. Each candidate for presidential and vice-presidential elector shall declare which candidate for president and vice-president he will vote for if elected. Those elected shall vote for the president and vice-president candidates for whom they declared. Any person selected to fill a vacancy in the electoral college shall vote for the candidates the elector whose place he is taking had declared for. The declaration shall be made to the Secretary of State State Election Commission on such form as he may require not later than sixty days prior to the general election for electors. No candidate for president and vice-president elector shall have his name placed on the ballot who fails to make such declaration by the prescribed time. Any elector who votes contrary to the provisions of this section shall be deemed guilty of violating the election laws of this State and upon conviction shall be punished according to law. Any registered elector shall have the right to institute proper action to require compliance with the provisions of this section. The Attorney General shall institute criminal action for any violation of the provision of this section. Provided, the executive committee of the party from which an elector of the electoral college was elected may relieve the elector from the obligation to vote for a specific candidate when, in its judgment, circumstances shall have arisen which, in the opinion of the committee, it would not be in the best interest of the State for the elector to cast his ballot for such a candidate."
SECTION 80. Section 7-19-90 of the 1976 Code is amended to read:
"Section 7-19-90. The electors for President and Vice President shall convene at the capitol, in the office of the Secretary of State State Election Commission, at eleven in the forenoon, on the first Monday after the second Wednesday in December next following their appointment, and shall proceed to effect a permanent organization by the election of a president and secretary from their own body. The electors shall next proceed to fill by ballot and by plurality of votes all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend, of any elector. The electors shall then and there vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves.
The electors shall make and sign six certificates of all the votes given by them for President and Vice President, each of which certificates shall contain two distinct lists, one of the votes for President and the other for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by the Secretary of State State Election Commission by direction of the Governor. The electors shall seal up separately the certificates and lists of the electors so made by them, and certify upon each that the list of all the votes of the State given for President, and of all of the votes given for Vice President are contained therein."
SECTION 81. Section 7-19-100 of the 1976 Code is amended to read:
"Section 7-19-100. The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the certificates and lists to the President of the Senate at the seat of government.
Second. Two of the certificates and lists shall be delivered to the Secretary of State State Election Commission of South Carolina, one of which shall be held subject to the order of the President of the Senate, and the other shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection.
Third. On the day thereafter they shall forward by registered mail two of the certificates and lists to the Administrator of General Services at the seat of government, one of which shall be held subject to the order of the President of the Senate.
Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the district in which the electors shall have assembled."
SECTION 82. Section 7-19-110 of the 1976 Code is amended to read:
"Section 7-19-110. Every elector for this State for the election of a president and vice-president of the United States who shall attend at any election of those officers and give his vote at the time and place appointed by law shall be entitled to receive for his attendance at such election and for traveling to and from his place of residence by the most usual route the regular mileage, subsistence and per diem allowance authorized for state boards, committees and commissions to be paid from appropriations to the office of the Secretary of State State Election Commission."
SECTION 83. Section 7-19-120 of the 1976 Code is amended to read:
"Section 7-19-120. The Governor, Secretary of State and other State officers shall perform such duties and functions in respect to the election of electors, the election of the President and Vice-President of the United States and certification of electors and results of such election as provided by the acts of Congress in relation thereto."
SECTION 84. Section 8-3-40 of the 1976 Code is amended to read:
"Section 8-3-40. The Secretary of State Governor shall ascertain the number of officers in this State for whom bonds are required and cause an equal number of such bonds to be printed annually at the expense of the State. Such forms shall include space for the proper officers to approve securities and for probate. The Secretary of State Governor shall distribute to each county, annually, the number of such bonds equal to the number of officers for whom bonds are required in that county."
SECTION 85. Section 8-3-140 of the 1976 Code is amended to read:
"Section 8-3-140. The bonds of all public officers of the State shall, before they are accepted or recorded, be examined by the Attorney General or by one of the solicitors, who must certify in writing upon the bond that he approves the form and execution thereof. When so examined, approved and certified the bonds of State, district or circuit officers shall be filed with the Secretary of State Governor and shall be recorded by him, without charge, in suitable books kept by him for the purpose and when so recorded shall be filed with the State Treasurer except that the bond of the State Treasurer shall be filed with the Governor."
SECTION 86. Section 8-3-150 of the 1976 Code is amended to read:
"Section 8-3-150. Every county officer who is required to give bond for the faithful performance of the duties of his office shall, within thirty days after notification of his election or appointment, have his bond recorded in the office of the register of mesne conveyances or, if there be no such officer, in the office of the clerk of the circuit court for the county in which such officer resides and the register or clerk shall keep a separate book, properly indexed, for the purpose of recording such bonds, which shall be provided by the governing body of the county. The register or clerk shall be entitled to exact a fee from the public officer of one dollar for recording his bond. But no such bond shall be recorded until first approved as to surety by the proper officials as prescribed by law and as to execution and form by the Attorney General or such other official as may be designated for this purpose. Such bonds when recorded shall be immediately transmitted to the Secretary of State Governor who, after recording them as required by Section 8-3-140, shall file them with the State Treasurer."
SECTION 87. Section 8-11-20 of the 1976 Code is amended to read:
"Section 8-11-20. All persons who hold or are appointed to any of the positions in the departments of the State government referred to in this section, or who shall be appointed by any of such departments as accountants to investigate and report the condition of any State or county officer, shall take oath of office in the usual form and the constitutional oath and give good and sufficient bond in the form of official bonds as prescribed by Section 8-3-30. Such bonds shall be approved and filed as the bonds of other State officers. In the instance of individual bonds to be given pursuant to this section by employees of each of the departments referred to below, the penal sums of such bonds shall be as follows: For each clerk in the office of the Secretary of State, four thousand dollars; For each clerk in the office of the Comptroller General, five thousand dollars; for each clerk in the office of the State Treasurer, ten thousand dollars; for each clerk in the office of the State Superintendent of Education, twenty-five hundred dollars; for each stenographer or typist in the office of the State Treasurer, twenty-five hundred dollars; for each Assistant Attorney General, twenty-five hundred dollars; and for each accountant appointed by any of such departments, five thousand dollars.
In lieu of the individual bonds as provided above, the heads of the respective departments referred to in this section may, with the approval of the State Budget and Control Board, procure bonds in form to be approved by the Attorney General covering all persons employed in or by such department, including, if practical, such accountants mentioned above. In such event the penal sum of such bonds shall be in such amount as the State Budget and Control Board shall approve.
Any individual or blanket bonds given pursuant to the requirements of this section shall be executed by a fidelity or surety company licensed to do business in this State. In all cases, the premium or annual payment required to keep such bonds in force and effect shall be paid by the State Treasurer on the warranty of the Comptroller General."
SECTION 88. Section 8-11-92 of the 1976 Code is amended to read:
"Section 8-11-92. A. Nonprofit charitable organizations for which such payroll deductions may be made shall include any nonprofit, eleemosynary corporation, association or organization which is organized and operated exclusively for charitable, health, or welfare services to the public and meets all of the following qualifications:
(1) Is and continues to be organized and qualified to solicit and operate under the laws of this State, pursuant to Chapter 55 of Title 33;
(2) Provide direct and continuing services to or on behalf of the citizens of the State. For purposes of this section, 'direct and continuing services' means: (a) services other than legal advocacy services which are provided directly to and specifically for one individual or one family; or, (b) services which are in the nature of medical research; or, (c) services which involve the collection and administration of funds by umbrella organizations for other organizations, all of which qualify under this act;
(3) Is recognized as tax exempt under Section 501(c)(3) of Title 26, United States Code (the Internal Revenue Code of 1954, as amended);
(4) Is not an organization contemplated by Section 501(c)(4), 501(c)(5), or 501(c)(6) of Title 26, United States Code (the Internal Revenue Code of 1954, as amended) and is not an organization primarily engaged in the propagation of a religious faith or belief; this prohibition shall include, but not be limited to, organizations primarily engaged in lobbying or political activity;
(5) Is operated without discrimination in regard to all persons served, and complies with all requirements of law, including administrative regulations, respecting nondiscrimination and equal opportunity regarding its officers, staff, employees and volunteers;
(6) Has neither a parent organization nor a subsidiary organization which fails to meet qualifications herein contained in items (1) through (5).
B. The Secretary of State State Treasurer shall determine on an annual basis, based upon the applications of nonprofit, charitable organizations and groups of such organizations, those which are eligible to participate in payroll deductions for state-employee contributions. His decision shall be final unless determined by a court of competent jurisdiction to be arbitrary, capricious or unsupported by any credible evidence."
SECTION 89. Section 8-11-94 of the 1976 Code is amended to read:
"Section 8-11-94. The names of state employees authorizing deductions of charitable contributions and the amount of the individual contributions shall be confidential and shall not be made public. This prohibition against disclosure shall not bar the Secretary of State State Treasurer, State Auditor or state or federal tax authorities from access to all information necessary to verify or establish the eligibility, the tax exempt status or the tax liability of such organizations or groups of such organizations. The tax returns and books and records of such organizations or groups of such organizations shall be made available at all times necessary to determine the status and eligibility of any such charitable organization or groups of such organizations."
SECTION 90. Section 11-15-20 of the 1976 Code is amended to read:
"Section 11-15-20. (1) Definitions:
(a) 'Bonds' shall include general obligations of the issuer and obligations of the issuer payable in whole or in part from any special fund or other source, any part of which is expressed to mature more than twelve months from the date thereof but shall not include obligations issued in anticipation of the collection of taxes or in anticipation of the issuance of bonds.
(b) 'State agency' shall mean the State of South Carolina, its agencies and institutions.
(c) 'Governing board' shall mean the board, commission, board of trustees, authority, or any other public body upon which is devolved by law the administrative and executive duties relating to the issuance of bonds of any State agency.
(2) In every instance where the governing board of any State agency shall propose to effect the issuance of bonds, it shall make a full record of the proceedings relating to the issuance of such bonds, exclusive of papers and documents relating to the delivery of such bonds, and shall, prior to the delivery of such bonds, file a copy of such record in the office of the Secretary of State State Treasurer. It shall be the duty of the Secretary of State State Treasurer to file and index the record in a special book to be kept by such officer for such purpose. The Secretary of State State Treasurer shall be authorized to prepare and deliver certified copies of the records as thus filed and to deliver them to the purchasers of the bonds or other interested parties. For each such certification a reasonable fee may be charged."
SECTION 91. Section 11-25-260 of the 1976 Code is amended to read:
"Section 11-25-260. The faithful performance for printing for each House shall be certified by its presiding officer and clerk. In the absence of either of such officers from the seat of the government, the Secretary of State, to whom the work may be delivered, shall certify to its proper execution."
SECTION 92. Section 11-31-10 of the 1976 Code is amended to read:
"Section 11-31-10. Whenever the holder of any general obligation bonds of the State of South Carolina shall request the State Board to exchange outstanding coupon bonds for fully registered bonds of the same issue and of the same maturity and interest rate, the State Board shall be empowered to authorize the proper offices of the State, being the then Governor, and the then State Treasurer and the then Secretary of State, to execute and deliver fully registered bonds in denominations of multiples of five thousand dollars upon such terms and conditions and upon payment of such charges as the State Board shall deem appropriate."
SECTION 93. Section 12-6-5520 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-5520. (A) The department shall notify a domestic or foreign corporation, as defined in Section 12-20-10(3) and (4), of its failure to comply with the provisions of this chapter and Chapter 20 of this title requiring the filing of returns. If the corporation fails to file the required return within sixty days of the notice, the department may provide the taxpayer's name to the Secretary of State Governor. The department may not make an estimated assessment or issue any warrant based on an estimated assessment against a taxpayer prior to referring such taxpayer to the Secretary of State Governor for administrative dissolution or revocation.
(B) After referral from the department, the Secretary of State Governor shall administratively dissolve a domestic corporation or revoke a foreign corporation's authority to transact business in this State."
SECTION 94. Section 12-8-540 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-540. (A) A person making rent or royalty payments to a nonresident of twelve hundred dollars in any calendar year or more annually for the use or privilege of using property in this State shall withhold seven percent of each payment to a nonresident individual, partnership, trust, or estate and five percent of each payment to a nonresident corporation or any other nonresident entity.
(B) This section does not apply:
(1) to a person for the rental of residential housing units, including short-term rentals, when four or fewer units are owned by the nonresident.
(2) to an individual who pays rent directly to a nonresident solely for a residential housing unit which is his legal residence;
(3) to a nonresident which has registered with the Secretary of State Governor or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State Governor or the department is not an admission of tax liability. If the person renting from or having a royalty contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State Governor, the person is not responsible for the withholding.
The department may revoke the exemption granted by the registration provided in this item if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. The revocation does not revive the duty of a person renting from or having a royalty contract with a nonresident to withhold until the person receives notice of the revocation."
SECTION 95. Section 12-8-550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-550. A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This item does not apply to a nonresident which registered with the Secretary of State Governor or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State Governor or the department is not an admission of tax liability nor must this act of registering be construed to require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State Governor, the person is not responsible for the withholding.
The department may revoke the exemption granted by registering with the Secretary of State Governor or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation."
SECTION 96. Section 12-20-30 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-20-30. (A) The annual report must be in a form prescribed by the department and Secretary of State Governor and contain all information that the department or the Secretary of State Governor may require for the administration of the provisions of this chapter and the provisions of Title 33. The information in the annual report must be current as of the date the annual report is executed on behalf of the corporation and contain the following information:
(1) the name of the corporation and the state or country of incorporation;
(2) the address of the registered office and the name of the registered agent in this State;
(3) the address of the principal office;
(4) the names and business addresses of the directors and principal officers;
(5) a brief description of the nature of the business;
(6) the total number of authorized shares of stock, itemized by class and series, if any, within each class; and
(7) the total number of issued and outstanding shares of stock, itemized by class and series, if any, within each class.
The information required by this subsection is open to unrestricted public inspection. Any person may request a copy of the information from either the Secretary of State Governor or the department.
(B) The Secretary of State Governor or the department may by regulation permit the public disclosure of other information that is required to be filed as part of the corporation's annual report in addition to the information required by subsection (A)."
SECTION 97. Section 12-20-40 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-20-40. (A) An initial annual report and the minimum license fee required by Sections 12-20-50 and 12-20-100(C) must be filed with the Secretary of State Governor with the initial articles of incorporation filed by a domestic corporation or an application for certificate of authority filed by a foreign corporation. The initial annual report must be submitted to the department by the Secretary of State Governor and contain the information required in Section 12-20-30(A).
(B) A corporation that does not file an application for certificate of authority with the Secretary of State Governor shall file the initial annual report and pay the minimum license fee required by Sections 12-20-50 and 12-20-100 to the department on or before sixty days after initially doing business, or using a portion of its capital in this State."
SECTION 98. Section 12-28-1505(A)(3)(b) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(b) receives from the Secretary of State department a verification number authorizing the diversion;"
SECTION 99. Section 12-49-90 of the 1976 Code, as last amended by Section 228, Act 181 of 1993, is further amended to read:
"Section 12-49-90. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other states which extend like comity to this State. The South Carolina Department of Revenue and Taxation, with the assistance of the Attorney General, is hereby empowered to bring suit in the courts of other states to collect taxes legally due this State. The officials of other states which extend a like comity to this State are empowered to sue for the collection of such taxes in the courts of this State. A certificate by the Secretary of State Governor that such officers have authority to collect the tax shall be conclusive evidence of such authority."
SECTION 100. Section 12-54-125 of the 1976 Code, as added by Section 8, Act 444 of 1988, is further amended to read:
"Section 12-54-125. If, upon investigation, the commission department determines that any corporation which has been dissolved by the Secretary of State Department of Commerce has not conducted any business since the last return was filed with the commission department, or if there are no available assets of the corporation, the commission may deem that warrants of distraint issued against the corporation were issued in error and may withdraw them."
SECTION 101. Section 13-7-145 of the 1976 Code is amended to read:
"Section 13-7-145. A. Any shipper who is not a resident of South Carolina and who is not registered with the Secretary of State Attorney General for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State Attorney General or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the shipper and the shipper's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such shipper outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
B. Any carrier who is not a resident of South Carolina and who is not registered with the Secretary of State Attorney General for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State Attorney General or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the carrier and the carrier's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such carrier outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued."
SECTION 102. Section 13-12-15 of the 1976 Code, as last amended by Section 1, Act 518 of 1992, is further amended to read:
"Section 13-12-15. Upon the implementation of the provisions of this chapter, should only two of the three counties of Berkeley, Dorchester, and Charleston have elected to participate by approval of the initial referendum, the governing body of the nonparticipating county may thereafter call a referendum in such county on the question of participation in the authority. After one referendum has been held under the provisions of this section, no more than one such referendum may thereafter be held within a two year period. The referendum question shall read as follows:
'Shall [insert name of county] join in the Trident Economic Development Finance Authority which shall have the power, among other things, with the approval of the governing bodies of Berkeley, Dorchester, and Charleston counties, to issue general obligation bonds for the purpose of promoting economic development in the area of the authority?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'.'
If this question receives a majority of the votes cast in the county, as certified by the Board of State Canvassers, the jurisdictional area of the authority shall be expanded to include the approving county on the date on which written evidence of this fact is transmitted to the Secretary of State Governor."
SECTION 103. Section 14-5-110 of the 1976 Code is amended to read:
"Section 14-5-110. The circuit judges of this State, upon their election, shall qualify by taking the oath required by the Constitution of this State before a justice of the Supreme Court, the President of the Senate, the Speaker or Speaker Emeritus of the House of Representatives, a circuit judge, a clerk of the Supreme Court, a clerk of the court of common pleas or a probate judge of the county, and shall forthwith enter upon their duties. Such oath must be filed in the office of the Secretary of State Governor. Terms of office for all circuit judges elected after January 1, 1977, shall commence as of July first of the year in which they are elected."
SECTION 104. Section 14-11-20 of the 1976 Code, as last amended by Section 4, Part II, Act 678 of 1988, is further amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six years upon his appointment, has not been a licensed attorney for at least five years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State Governor.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 105. Section 14-17-340 of the 1976 Code is amended to read:
"Section 14-17-340. The clerk shall administer the oaths of office required to be taken by magistrates appointed within his county, on their application, within ninety days after such appointment. On the first day of November, annually, he shall transmit a list of the names of magistrates who have qualified during the preceding year to the office of the Secretary of State Governor at Columbia."
SECTION 106. Section 15-9-245 of the 1976 Code, as last amended by Section 4, Act 384 of 1994, is further amended to read:
"Section 15-9-245. (a) Every foreign business or nonprofit corporation which is not authorized to do business in this State, by doing in this State, either itself or through an agent, any business, including any business activity for which authority need not be obtained as provided by Section 33-15-101, is considered to have designated the Secretary of State Attorney General as its agent upon whom process against it may be served in any action or proceeding arising in any court in this State out of or in connection with the doing of any business in this State.
(b) Service of the process is made by delivering to and leaving with the Secretary of State Attorney General, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State Attorney General immediately shall cause one of the copies to be forwarded by certified mail, addressed to the corporation either at its registered office in the jurisdiction of its incorporation, its principal place of business in the jurisdiction, or at the last address of the foreign business or nonprofit corporation known to the plaintiff, in that order.
(c) Proof of service must be by affidavit of compliance with this section and filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending. There must be filed with the affidavit of compliance the return receipt signed by the foreign business or nonprofit corporation or other official proof of delivery or, if acceptance was refused, there must be filed the original or a photostated or certified copy of the envelope with a notation by the postal authorities that acceptance was refused. If acceptance was refused, a copy of the notice and process, together with notice of the mailing by certified mail and of refusal to accept must be sent promptly to the foreign business or nonprofit corporation. If this section is complied with, the refusal to accept delivery of the certified mail or to sign the return receipt shall not affect the validity of the service, and the foreign corporation refusing to accept the certified mail must be charged with knowledge of the contents thereof.
(d) Service under this section may be made also by delivery of a copy of the process to any foreign business or nonprofit corporation outside the State. Proof of the delivery must be made by affidavit of the person making delivery, and the affidavit must be filed with the clerk of court in which the action or proceeding is pending.
(e) The Secretary of State Attorney General shall charge a fee of ten dollars for the service.
(f) This section does not prescribe the only means, or necessarily the required means, of serving a foreign business or nonprofit corporation not authorized to do business in this State."
SECTION 107. Section 15-9-250 of the 1976 Code is amended to read:
"Section 15-9-250. Service of process may be made upon the Secretary of State Attorney General as agent for a foreign rural electric cooperative pursuant to his appointment as such under the provisions of Section 33-49-1320. In the event of such service, the Secretary of State Attorney General shall forthwith forward it by registered mail to such corporation at the address specified in the instrument appointing the Secretary of State Attorney General as such agent."
SECTION 108. Section 15-9-280 of the 1976 Code, as last amended by Sections 260-262, Act 181 of 1993, is further amended to read:
"Section 15-9-280. (a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State Attorney General or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the Director of the Department of Insurance or his designee, or by the State and upon whom may be served any notice, order, pleading, or process in any proceeding before the Department of Insurance and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any such lawful process in such court action, suit, or proceeding and any such notice, order, pleading, or process in such administrative proceeding before the Department of Insurance so served are of the same legal force and validity as personal service of process in this State upon the insurer.
(b) Service of process in such action is made by delivering to and leaving with the Secretary of State Attorney General, or some person in apparent charge of his office, two copies thereof and by payment to the Secretary of State Attorney General of the fee prescribed by law. Service upon the Secretary of State Attorney General as attorney is service upon the principal.
(c) The Secretary of State shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the Department of Insurance to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if:
(1) notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the Department of Insurance in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding; and
(2) the defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the Department of Insurance in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the Department of Insurance in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or the Department of Insurance may allow.
(d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the Department of Insurance is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance.
(e) Nothing in this section limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law."
SECTION 109. Section 15-9-430 of the 1976 Code, as last amended by Section 5, Act 384 of 1994, is further amended to read:
"Section 15-9-430. (a) Each director of a domestic business corporation who is a nonresident of this State at the time of his election or who becomes a nonresident during his term in office, shall by his acceptance of election or by continuing in office as director, be deemed to have appointed the Secretary of State Attorney General as an agent to receive service of process upon him in any action or proceeding relating to actions of such corporation and arising while he held office as director of such corporation.
(b) Service of such process shall be made by delivering to and leaving with the Secretary of State Attorney General, or with any person designated by him to receive such service, duplicate copies of such process. The Secretary of State Attorney General shall thereupon immediately cause one of such copies to be forwarded to the nonresident director by certified mail. Proof of service shall be by affidavit of compliance with this section filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending.
(c) Service under this section may also be made by delivery of a copy of the process to the nonresident director at his address outside the State. Proof of such delivery shall be made by affidavit of the person making delivery and the affidavit shall be filed with the clerk of court in which the action or proceeding is pending.
(d) The resignation in good faith of any nonresident director, effective as of the date of filing with the Secretary of State Attorney General a notice of his resignation, shall terminate the application to him of the provisions of this section, except for any cause of action already accrued.
(e) Every domestic business corporation which has any director who is or becomes a nonresident of this State after the corporation has filed its most recent annual report pursuant to Section 12-19-20 shall file with the Secretary of State Attorney General the names and addresses of its directors and shall file supplementary reports showing any change of address or residence of any director. The reports must be filed within ten days from the date of election, removal from this State, or change of address of any director. The Secretary of State Attorney General shall compile and maintain a current list, indexed by corporation, of all nonresident directors of domestic business corporations which are listed on such interim filings. Delivery of copies of service as required in subsections (b) and (c) to the nonresident director must be made by delivering the copy to the most recent address on file with the company's most current annual report or any more current interim report which has been filed with the Secretary of State Attorney General pursuant to this subsection.
(f) The Secretary of State Attorney General shall charge a fee of ten dollars to accompany service thereunder."
SECTION 110. Section 15-9-440 of the 1976 Code is amended to read:
"Section 15-9-440. (1) Service on resident trustee constitutes service on all other trustees. -Service upon one resident trustee of an inter vivos trust shall constitute service on all other trustees, resident and nonresident, of the same trust, for the purpose of adjudicating any action or proceeding in a court of this State involving, directly or indirectly, such trust.
(2) Trustee served to notify other trustees. -The resident trustee, so served, shall within five days, give prompt notice to such nonresident trustee and other resident trustee of the action. The failure of notification to the other trustees shall in no way impair the action.
(3) Service on nonresident trustee when there is no resident trustee. -When there is no resident trustee, the nonresident trustee of an inter vivos trust shall be deemed to have consented to the service of any summons, notice or other legal process in connection with any proceeding in the courts of this State involving such trust, directly or indirectly, when served upon the Secretary of State Attorney General, when the trust was created under the laws of this State or, in the case of a foreign trust, when part of the trust property is situated in this State.
(4) Time allowed for answer. -The time within which to answer under the provisions of this section shall be the same as that provided for by law for substituted service.
(5) Penalties. -Any trustee responsible for notifying another trustee, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 111. Section 15-9-460 of the 1976 Code is amended to read:
"Section 15-9-460. Service of process on any person who shall have appointed the Secretary of State Attorney General as his agent to accept service under the provisions of Section 46-33-40 may be made by serving such process upon the Secretary of State Attorney General."
SECTION 112. Section 15-63-200 of the 1976 Code is amended to read:
"Section 15-63-200. Upon the rendition of such judgment against a corporation or for the vacating or annulling of letters patent the Attorney General shall cause a copy of the judgment roll to be forthwith filed in the his office of the Secretary of State."
SECTION 113. Section 15-63-210 of the 1976 Code is amended to read:
"Section 15-63-210. The Secretary of State Attorney General shall, upon the filing of a copy of the judgment roll, if the record relates to letters patent, make an entry in the records of his office of the substance and effect of such judgment and of the time when the record thereof was docketed. The real property granted by such letters patent may thereafter be disposed of in the same manner as if such letters patent had never been issued."
SECTION 114. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(c) Prior to January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 115. Section 15-78-70(c) of the 1976 Code, as last amended by Act 380 of 1994, is amended to read:
"(c) Prior to January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 116. Section 15-78-120(a)(5) of the 1976 Code, as last amended by Section 4, Act 380 of 1994, is further amended to read:
"(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 117. Section 16-17-40 of the 1976 Code is amended to read:
"Section 16-17-40. Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State Department of Commerce."
SECTION 118. Section 17-13-80 of the 1976 Code, as last amended by Section 277, Act 181 of 1993, is further amended to read:
"Section 17-13-80. Whenever a warrant has been issued against a corporation under the provisions of Section 22-3-750 or an indictment has been returned against it under the provisions of Section 17-19-70, a copy of the warrant or indictment, accompanied in the case of an indictment by a notice to such corporation of the term of the court of general sessions at which such case shall be tried, shall be served upon such corporation in the manner provided by law for the service of process in civil actions. And when there is no agent or officer of the company within the county the service shall be made upon such person as is in charge of the property of the corporation and, if no such person can be found, it shall be served upon the Secretary of State Attorney General, who shall transmit a copy of the warrant or indictment and notice by mail to the last known residence of the managing officer of the corporation, directed to such officer; provided, that in the case of a foreign corporation if such foreign corporation have no agent or other officer within the county in which the offense, or some part thereof, has been committed then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations or upon the Director of the Department of Insurance when by law service of process in civil actions may be made upon the Director of the Department of Insurance and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations."
SECTION 119. Section 22-1-20 of the 1976 Code is amended to read:
"Section 22-1-20. Before entering upon the discharge of the duties of his office, each magistrate must take in writing the oath of office prescribed in the Constitution before the clerk of the court of common pleas of the county or, in case there be no such clerk, before anyone authorized to administer an oath, and must file the same with the Secretary of State Governor."
SECTION 120. Section 23-7-30 of the 1976 Code is amended to read:
"Section 23-7-30. All special State constables appointed under this chapter shall be required to take the oath prescribed by Article III Section 26 of the Constitution of 1895. Every such special State constable shall give and file in the office of the Secretary of State Governor a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties and further conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction upon a claim or cause of action arising out of a breach or abuse of official duty or power or other unlawful act committed under color of office."
SECTION 121. Section 25-1-330 of the 1976 Code is amended to read:
"Section 25-1-330. Before entering upon his official duties, the Adjutant General shall execute an official bond running to the State in the penal sum of ten thousand dollars, conditioned upon the faithful performance of his duties, such bond to be submitted to the Attorney General for approval and when approved to be filed in the office of the Secretary of State Governor. The cost of such bonds shall be paid from the military fund of the State. The Adjutant General shall obtain and pay for, from the military fund, surety company bonds running to the State, in such amounts as prescribed by the Adjutant General, covering all the officers of the National Guard of South Carolina responsible to the State for money or military property, such bonds to be approved and filed in the same manner as the Adjutant General's bond."
SECTION 122. Section 26-1-10 of the 1976 Code is amended to read:
"Section 26-1-10. The Governor may appoint from the qualified electors as many notaries public throughout the State as the public good shall require, to hold their offices for a term of ten years. A commission shall be issued to each notary public so appointed and the record of such appointment shall be filed in the his office of the Secretary of State. All commissions issued or renewed after July 1, 1967 shall be for the specified term. All commissions issued prior to July 1, 1967, unless renewed for the term herein provided, shall expire and terminate on January 1, 1970 for any person whose last name begins with A through K and on January 1, 1971 for any person whose last name begins with L through Z."
SECTION 123. Section 26-1-20 of the 1976 Code is amended to read:
"Section 26-1-20. Each county legislative delegation shall determine whether the endorsement of notaries public must be by (1) one-half of the members of the legislative delegation representing that county in which the applicant resides or, (2) endorsement by the Senator and Representative in whose district the applicant resides, without other endorsers. Each county legislative delegation shall notify the Secretary of State Governor in writing if it chooses to utilize method (2) within the individual county. If the county legislative delegation chooses to utilize method (2), the applicant, Senator, and Representative shall indicate their respective districts on the application provided to the Secretary of State Governor. If the office of Senator or Representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides."
SECTION 124. Section 26-1-30 of the 1976 Code is amended to read:
"Section 26-1-30. The fee for the issuance or renewal of a commission is twenty-five dollars, collected by the Secretary of State Governor as other fees."
SECTION 125. Section 26-1-40 of the 1976 Code is amended to read:
"Section 26-1-40. Every notary public shall take the oath of office prescribed by the Constitution, certified copies of which shall be recorded in the office of the Secretary of State Governor."
SECTION 126. Section 26-1-70 of the 1976 Code is amended to read:
"Section 26-1-70. Any notary public whose name is legally changed during his term of office may apply to the Secretary of State Governor in such manner as may be prescribed by him, and the Secretary of State Governor may change the name of the notary upon proper application and upon payment of a fee of ten dollars. The term expires at the same time as the original term."
SECTION 127. Section 26-1-95 of the 1976 Code is amended to read:
"Section 26-1-95. A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State Governor within ten days after conviction."
SECTION 128. Section 27-15-30 of the 1976 Code is amended to read:
"Section 27-15-30. All the reversionary right, title and interest of this State in and to the Catawba Indian lands, situated in the counties of York and Lancaster, within a boundary of fifteen miles square and which are represented in the plat of survey made by Samuel Wiley, dated February 22, 1764 and now on file in the office of the then Secretary of State, are hereby vested in the persons who may hold such lands as lessees of the Catawba Indians, their heirs and assigns, according to the location of their respective leases."
SECTION 129. Section 27-15-40 of the 1976 Code is amended to read:
"Section 27-15-40. Each lessee of the Catawba Indian lands who shall deposit with the then Secretary of State his lease and also the receipt or receipts of the former tax collector of the county wherein such lands may be situated for such taxes as may have been paid thereon, as heretofore required by law, shall be entitled to locate and receive a grant from the State (in the manner provided by law for granting vacant lands) for the land held by him under lease, upon payment of the usual fees, and thenceforth hold the land so granted in the same right as any other lands granted by this State are held."
SECTION 130. Section 27-16-30(12) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(12) 'Settlement Agreement' means the written 'Agreement in Principle' reached between the State and the Tribe and attached to the copy of the act enacting this chapter signed by the Governor and filed with the then Secretary of State."
SECTION 131. Section 27-16-140(C) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(C) Whenever possible, this chapter must be construed in a manner consistent with the Settlement Agreement. If there is a conflict between this chapter and the Settlement Agreement, this chapter governs. The Settlement Agreement must be maintained on file and available for public inspection in the Office of the Secretary of State Governor and in the offices of the Clerks of Court for York and Lancaster Counties. Copies must be made available upon request upon the payment of reasonable and normal copying fees."
SECTION 132. Section 27-19-10 of the 1976 Code is amended to read:
"Section 27-19-10. The Secretary of State Governor, in every case when, on his knowledge or belief or on the information of another, certain lands have been escheated to the State by the death of the person last seized in fee simple, either in law or in fact, without leaving any person who can lawfully claim such lands either by purchase or descent from such former proprietor, shall, on such knowledge or information or the order of any court of record, issue his notification of such supposedly escheated lands to one of the judges of the circuit court at least two months previous to the next session of such court to be held in the county where such lands lie."
SECTION 133. Section 27-19-20 of the 1976 Code is amended to read:
"Section 27-19-20. The judge presiding at such court shall cause a jury, being first duly sworn, to proceed and make a true inquest of all such supposedly escheated lands which by the Secretary of State Governor shall be subjected to their investigation and a true verdict made thereon. Thereupon the judge of the court shall certify such verdict, under his hand and the seal of the court, to the Secretary of State Governor who shall record it in a book to be kept by him for that purpose and shall return the original within two months after the date thereof into the office of the clerk of the court, to be there filed and kept as a record thereof."
SECTION 134. Section 27-19-30 of the 1976 Code is amended to read:
"Section 27-19-30. On the return of any inquest of supposedly escheated lands by the Secretary of State Governor into the office of the clerk of the county in which the lands lie, the clerk shall thereupon cause to be advertised, in a newspaper of the county or other nearest gazette, the first week in every month, for six months, a notice containing a particular description of the lands, the name of the person last seized and the supposed time of his death, together with the part of the world in which he was supposed to have been born, and requiring his heirs or others claiming under him to appear and make claim."
SECTION 135. Section 27-19-50 of the 1976 Code is amended to read:
"Section 27-19-50. If any suit for property supposed to be escheated shall be prosecuted by the Secretary of State Governor and the jury before whom the trial shall be had shall think there is no probable cause, the jury shall assess and award to the party aggrieved such damages as they shall think proper."
SECTION 136. Section 27-19-60 of the 1976 Code is amended to read:
"Section 27-19-60. When no claimant shall appear to make title as aforesaid, the Secretary of State Governor shall rent out the escheated lands, if it can be done with advantage to the State, until the process of escheat shall be concluded and the lands sold."
SECTION 137. Section 27-19-70 of the 1976 Code is amended to read:
"Section 27-19-70. If no person shall appear and claim lands within twelve months after the expiration of the time prescribed for advertising, the clerk shall issue process, to be signed by the judge of the circuit court of the county, to the Secretary of State Governor, pronouncing the lands escheated and vested according to law and directing him forthwith to sell and convey them upon the usual notice."
SECTION 138. Section 27-19-80 of the 1976 Code is amended to read:
"Section 27-19-80. As soon as the Secretary of State Governor shall receive the process in Section 27-19-70 mentioned, he shall advertise the sale of such lands in a newspaper of the county or other nearest gazette and also in the most public places of the county in which the lands lie, giving six weeks' public notice, on a credit of twelve months, payable in lawful money. He shall, moreover, take good and sufficient surety and a mortgage of the premises before the title shall be altered or changed."
SECTION 139. Section 27-19-90 of the 1976 Code is amended to read:
"Section 27-19-90. When any such lands shall exceed six hundred acres and can be divided into smaller tracts with advantage to the State in the sale thereof, the Secretary of State Governor shall cause them to be divided in such manner as shall be most beneficial to the State."
SECTION 140. Section 27-19-100 of the 1976 Code is amended to read:
"Section 27-19-100. At any sale of escheated property, if, in his judgment, the property is being sold at a sacrifice, the Secretary of State Governor may buy the land for the State Budget and Control Board or cause it to be so bid in and, upon payment of the costs accrued thereon, may cause the title deed to be made therefor as escheated property to the State Budget and Control Board which shall rent or sell the property in such manner, at such time and upon such terms as, in its judgment, shall be for the best interests of the State and apply the proceeds thereof as directed in Section 27-19-340."
SECTION 141. Section 27-19-210 of the 1976 Code is amended to read:
"Section 27-19-210. When any moneys or other personal estate shall be found in the hands of an executor or administrator, being the property of any person deceased leaving no person entitled to claim and without making disposition of them, the Secretary of State or the Attorney General, on behalf of the State, shall sue for and recover and pay any moneys so recovered into the State Treasury."
SECTION 142. Section 27-19-310 of the 1976 Code is amended to read:
"Section 27-19-310. The duties of escheator are devolved upon the Secretary of State Attorney General as agent of the State Budget and Control Board and as escheator the Secretary of State Attorney General shall act under the direction and control of the State Budget and Control Board and, under the direction of the Board, may use such of the funds and the services of such subagents of the Board as in its discretion may be necessary to efficiency in discovering, renting, litigating and realizing money from escheated lands under existing law."
SECTION 143. Section 27-19-320 of the 1976 Code is amended to read:
"Section 27-19-320. The Secretary of State Attorney General shall not, directly or indirectly, either by himself or any person whomsoever, purchase or be concerned with any person in purchasing any escheated lands, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any court of record, one half for the benefit of the informer, who shall sue for and recover such penalty, and the other half to be applied to the use of the State. And such Secretary of State The Attorney General shall also be rendered incapable of holding or exercising any office of trust or emolument therein."
SECTION 144. Section 27-19-330 of the 1976 Code is amended to read:
"Section 27-19-330. When any person shall appear and make title to lands or personal estate, after office found by the jury, the court may assess such reasonable costs and charges as the Secretary of State Attorney General has sustained in promoting the claim of the State."
SECTION 145. Section 27-19-340 of the 1976 Code is amended to read:
"Section 27-19-340. The Secretary of State Attorney General shall turn over to the State Treasurer the net proceeds of escheats after deducting and retaining therefrom for the benefit of the Sinking Fund so much money as in the opinion of the State Budget and Control Board will reimburse the Sinking Fund for moneys and agents' services used and advanced as aforesaid and also any other expense necessarily incurred in executing the law and protecting the interest of the State in the matter of escheats. Costs and expenses incurred as aforesaid on account of agents' services and money advanced or otherwise in one case may be deducted and retained from the proceeds of any other case of escheatment in the discretion of the State Budget and Control Board."
SECTION 146. Section 27-19-360 of the 1976 Code is amended to read:
"Section 27-19-360. A report shall be made annually by the Secretary of State Attorney General, to be included in his annual report, showing the receipts and payments under the provisions of this chapter in each case of escheat, with the items thereof. In case any escheated property be purchased by the State Budget and Control Board, its annual report shall show all resales of such property and all income, rents and profits derived from such property while held by the Board."
SECTION 147. Section 27-19-370 of the 1976 Code is amended to read:
"Section 27-19-370. If the Secretary of State Attorney General shall fail to do his duty, as herein directed, on behalf of the State and any loss or damage shall accrue to the State by his misconduct or fraudulent practices, he shall be responsible for all such loss or damage and the court of common pleas may order a prosecution in the name of the State. A jury shall try the fact and assess the damage and, upon conviction, such Secretary of State Attorney General shall be incapable forever thereafter from holding or exercising any office of trust or profit within this State."
SECTION 148. Section 27-19-390 of the 1976 Code is amended to read:
"Section 27-19-390. The provisions of this chapter are complementary to and not in derogation of the 'Uniform Disposition of Unclaimed Property Act' as contained in the permanent provisions of Chapter 18 of this title. All personal property for which provision is made in that chapter shall be disposed of as therein provided and the Secretary of State Attorney General is relieved of all responsibility assigned to him in this chapter for such property."
SECTION 149. Section 27-40-130 of the 1976 Code is amended to read:
"Section 27-40-130. (a) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section.
(b) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State Attorney General. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State Attorney General, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows."
SECTION 150. Section 30-7-10 of the 1976 Code is amended to read:
"Section 30-7-10. All deeds of conveyance of lands, tenements, or hereditaments, either in fee simple or for life, all deeds of trust or instruments in writing conveying estate, creating a trust in regard to the property, or charging or encumbering it, all mortgages or instruments in writing in the nature of a mortgage of any real property, all marriage settlements, or instruments in the nature of a settlement of a marriage, all leases or contracts in writing made between landlord and tenant for a longer period than twelve months, all statutory liens on buildings and lands for materials or labor furnished on them, all statutory liens on ships and vessels, all certificates of renunciation of dower, all contracts for the purchase and sale of real property, all assignments, satisfactions, releases, and contracts in the nature of subordinations, waivers, and extensions of landlords' liens, laborers' liens, sharecroppers' liens, or other liens on real property created by law or by agreement of the parties and generally all instruments in writing conveying an interest in real estate required by law to be recorded in the office of the register of mesne conveyances or clerk of court in those counties where the office of the register of mesne conveyances has been abolished or in the office of the Secretary of State Department of Commerce delivered or executed after July 31, 1934, except as otherwise provided by statute, are valid so as to affect the rights of subsequent creditors (whether lien creditors or simple contract creditors), or purchasers for valuable consideration without notice, only from the day and hour when they are recorded in the office of the register of mesne conveyances or clerk of court of the county in which the real property affected is situated. In the case of a subsequent purchaser of real estate, or in the case of a subsequent lien creditor on real estate for valuable consideration without notice, the instrument evidencing the subsequent conveyance or subsequent lien must be filed for record in order for its holder to claim under this section as a subsequent creditor or purchaser for value without notice, and the priority is determined by the time of filing for record."
SECTION 151. Section 31-1-110 of the 1976 Code is amended to read:
"Section 31-1-110. Any number of natural persons, not less than three, a majority of whom are citizens of the United States, may become a limited dividend housing corporation by subscribing, acknowledging and filing in the office of the Secretary of State Department of Commerce articles of incorporation, hereinafter called 'articles,' setting forth the information required by Chapter 7 of Title 33; except as herein modified or changed."
SECTION 152. Section 31-3-340 of the 1976 Code, as last amended Acts 360 and 361 of 1994, is further amended to read:
"Section 31-3-340. When the council of a municipality adopts a resolution as provided in this chapter, the council shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners may be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction. The commissioners who are first appointed must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners must be appointed for a term of office of five years except that all vacancies must be filled for the unexpired term, except that the two additional commissioners for the extraterritorial area must be appointed for terms of five years. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State Governor, and in the office of the Secretary of Commerce, and the certificate is conclusive evidence of the due and proper appointment of the commissioner."
SECTION 153. Section 31-3-370 of the 1976 Code, as last amended by Acts 360 and 361 of 1994, is further amended to read:
"Section 31-3-370. For inefficiency, neglect of duty, or misconduct in office a commissioner of an authority may be removed by the council, but a commissioner may be removed only after he has been given a copy of the charges at least ten days before the hearing on it and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner a record of the proceedings, together with the charges and findings on it must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State Governor, and in the office of the Secretary of Commerce."
SECTION 154. Section 31-10-30 of the 1976 Code is amended to read:
"Section 31-10-30. (a) Each municipality is authorized to create one or more separate and distinct bodies corporate and politic to be known as a redevelopment commission of the municipality by the passage by the governing body of such municipality of an ordinance creating a commission to function within the territorial limits of the municipality or portion of the municipality; provided, however, no commission may be created with power over the same territorial area as any other commission. Notice of the intent to consider the passage of such ordinance shall be published at least fifteen days prior to first reading of the ordinance creating the commission.
(b) The governing body of a municipality shall not adopt an ordinance pursuant to subsection (a) above unless it finds:
(1) that a blighted area or conservation area exists in whole or in part in such municipality,
(2) that the redevelopment of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.
(c) The governing body shall cause a certified copy of such ordinance to be filed in the office of the Secretary of State Governor; upon receipt of the certified copy of such ordinance, the Secretary of State Governor shall issue a certificate of incorporation.
(d) In any suit, action, or proceeding involving or relating to the validity or enforcement of any contract or act of a commission, a copy of the certificate of incorporation duly certified by the Secretary of State is admissible in evidence and is conclusive proof of the legal establishment of the commission."
SECTION 155. Section 31-13-30 of the 1976 Code, as last amended by Act 410 of 1992, is further amended to read:
"Section 31-13-30. The Governor shall appoint, with the advice and consent of the Senate, seven persons to be commissioners of the South Carolina State Housing Finance and Development Authority. The seven persons so appointed shall have experience in the fields of mortgage finance, banking, real estate, and home building. The Governor shall appoint a chairman from among the seven commissioners.
The commissioners must be appointed for terms of four years, except that all vacancies must be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualifies. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the Secretary of State Governor and in the office of the Authority, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. The Governor or his designee and the State Commissioner of Health and Environmental Control or his designee from his administrative staff shall serve ex officio as commissioners of the Authority with the same powers as the other commissioners."
SECTION 156. Section 33-1-200 of the 1976 Code is amended to read:
"Section 33-1-200. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the Secretary of State Department of Commerce.
(b) Chapters 1 through 20 of this Title must require or permit filing the document in the office of the Secretary of State Department of Commerce.
(c) The document must contain the information required by Chapters 1 through 20 of this Title. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) by the chairman of the board of directors of a domestic or foreign corporation, or by its president, or by another of its officers;
(2) if directors have not been selected or the corporation has not been formed, by an incorporator; or
(3) if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he signs. The document may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an assistant secretary, and (3) an acknowledgment, verification, or proof.
(h) If the Secretary of State Department of Commerce has prescribed a mandatory form for the document under Section 33-1-210, the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the Secretary of State Department of Commerce for filing and must be accompanied by one exact or conformed copy (except as provided in Sections 33-5-103 and 33-15-109), the correct filing fee, and any franchise tax, license fee, or penalty required by the act or other law."
SECTION 157. Section 33-1-210 of the 1976 Code, as last amended by Section 512, Act 181 of 1993, is further amended to read:
"Section 33-1-210. (a) The Secretary of State Department of Commerce may prescribe and furnish on request forms for:
(1) an application for a certificate of existence,
(2) a foreign corporation's application for a certificate of authority to transact business in this State,
(3) a foreign corporation's application for a certificate of withdrawal, and
(4) in conjunction with the Department of Revenue and Taxation, the annual report. If the Secretary of State Department of Commerce so requires, use of these forms is mandatory. The Secretary of State Department of Commerce, through regulation, may prescribe a mandatory form in regard to any other forms required or permitted by Chapters 1 through 20 of this Title to be filed in his office. All such mandatory forms must comply with all statutory requirements contained in Chapters 1 through 20 of this Title.
(b) The Secretary of State Department of Commerce may prescribe and furnish on request forms for other documents required or permitted to be filed by Chapters 1 through 20 of this Title but their use is not mandatory."
SECTION 158. Section 33-1-220 of the 1976 Code, as last amended by Act 378 of 1994, is further amended to read:
"Section 33-1-220. (a) The Secretary of State Department of Commerce shall collect the following fees when the documents described in this subsection are delivered to him for filing:
DOCUMENT FEE
(1) Articles of incorporation $ 10.00.
(2) Application for use of indistinguishable name $ 10.00.
(3) Application for reserved name $ 10.00.
(4) Notice of transfer of reserved name $ 3.00.
(5) Application for registered name $ 10.00.
(6) Application for renewal of registered name $ 10.00.
(7) Corporation's statement of change of registered agent or registered office or both $ 10.00.
(8) Agent's statement of change of registered office for each affected corporation $ 2.00.
(9) Agent's statement of resignation $ 3.00.
(10) Amendment of articles of incorporation $ 10.00.
(11) Restatement of articles of incorporation with amendment of articles $ 10.00.
(12) Articles of merger or share exchange $ 10.00.
(13) Articles of dissolution $ 10.00.
(14) Articles of revocation of dissolution $ 10.00.
(15) Certificate of administrative dissolution No fee.
(16) Application for reinstatement following administrative dissolution $ 25.00.
(17) Certificate of reinstatement No fee.
(18) Certificate of judicial dissolution No fee.
(19) Application for certificate of authority $ 10.00.
(20) Application for amended certificate of authority $ 10.00.
(21) Application for certificate of withdrawal $ 10.00.
(22) Certificate of revocation of authority to transact business No fee.
(23) Annual report--As provided in Section 12-19-20 Fee Paid
to Tax
Commission
(24) Articles of correction $ 10.00.
(25) Application for certificate of existence or authorization $ 2.00.
(26) Any other document required or permitted to be filed by this act $ 10.00.
(b) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Chapters 1 through 20 of this Title. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(c) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and
(2) two dollars for the certificate.
(d) Before filing any of the following documents, the Secretary of State Department of Commerce shall collect the following taxes which must be remitted to the State Treasurer for use of the State:
(1) articles of incorporation, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;
(2) amendment to articles of incorporation, one hundred dollars;
(3) articles of merger or share exchange, one hundred dollars;
(4) application by a foreign corporation for a certificate of authority to do business in South Carolina, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;
(5) amendment by a foreign corporation of its certificate of authority, one hundred dollars."
SECTION 159. Section 33-1-230 of the 1976 Code is amended to read:
"Section 33-1-230. (a) Except as provided in subsection (b) of this section and Section 33-1-240(c), a document accepted for filing is effective:
(1) at the time for filing on the date it is filed, as evidenced by the Secretary of State's Department of Commerce's date and time endorsement on the original document; or
(2) at the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed."
SECTION 160. Section 33-1-240 of the 1976 Code is amended to read:
"Section 33-1-240. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State Department of Commerce if the document (1) contains an incorrect statement or (2) was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) by preparing articles of correction that (i) describe the document (including its filing date) or attach a copy of it to the articles, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and
(2) by delivering the articles to the Secretary of State Department of Commerce for filing.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."
SECTION 161. Section 33-1-250 of the 1976 Code is amended to read:
"Section 33-1-250. (a) If a document delivered to the office of the Secretary of State Department of Commerce for filing satisfies the requirements of Section 33-1-200, the Secretary of State Department of Commerce shall file it.
(b) The Secretary of State Department of Commerce files a document by stamping or otherwise endorsing 'Filed', together with his name and official title and the date and time of receipt, on both the original and document copy, together with a further endorsement that the document copy is a true copy of the original document. After filing a document, except as provided in Sections 33-5-103 and 33-15-200, the Secretary of State Department of Commerce shall deliver the document copy to the domestic or foreign corporation or its representative and the document copy must be retained as a part of the permanent records of the corporation.
(c) If the Secretary of State Department of Commerce refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason for his refusal.
(d) The Secretary of State's Department of Commerce's duty to file documents under this section is ministerial. His filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or part;
(2) relate to the correctness or incorrectness of information contained in the document;
(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."
SECTION 162. Section 33-1-260 of the 1976 Code is amended to read:
"Section 33-1-260. (a) If the Secretary of State Department of Commerce refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within thirty days after the return of the document to the Circuit Court of Richland County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's Department of Commerce's explanation of his refusal to file.
(b) The court may summarily order the Secretary of State Department of Commerce to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 163. Section 33-1-270 of the 1976 Code is amended to read:
"Section 33-1-270. A certificate attached to a copy of a document filed by the Secretary of State Department of Commerce, bearing his signature (which may be in facsimile) and the seal of this State, is conclusive evidence that the original document is on file with the Secretary of State Department of Commerce and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."
SECTION 164. Section 33-1-280 of the 1976 Code is amended to read:
"Section 33-1-280. (a) Anyone may apply to the Secretary of State Department of Commerce to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.
(b) A certificate of existence or authorization sets forth:
(1) the domestic corporation's corporate name or the foreign corporation's corporate name used in this State;
(2) that (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) the foreign corporation is authorized to transact business in this State;
(3) that all fees, taxes, and penalties owed to the Secretary of State Department of Commerce have been paid;
(4) that the Secretary of State Department of Commerce has not mailed notice to the corporation pursuant to either Section 33-14-210 or 33-15-310 that the corporation is subject to being dissolved or its authority revoked;
(5) that articles of dissolution have not been filed; and
(6) other facts of record in the office of the Secretary of State Department of Commerce that may be requested by the applicant.
(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State Department of Commerce may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State."
SECTION 165. Section 33-1-290 of the 1976 Code is amended to read:
"Section 33-1-290. (a) A person commits an offense if he signs a document he knows is false in any material respect (including an omission of a material fact necessary in order to make the statements made in light of the circumstances under which they were made, not misleading) with intent that the document be delivered to the Secretary of State Department of Commerce for filing.
(b) An offense under this section is a misdemeanor punishable by a fine of not to exceed five hundred dollars.
(c) Any person who violates subsection (a) is liable to any person who is damaged thereby."
SECTION 166. Section 33-1-300 of the 1976 Code is amended to read:
"Section 33-1-300. The Secretary of State Department of Commerce has the power reasonably necessary to perform the duties required of him by Chapters 1 through 20 of this title."
SECTION 167. Section 33-2-101 of the 1976 Code is amended to read:
"Section 33-2-101. Any person may act as the incorporator of a corporation by delivering articles of incorporation to the Secretary of State Department of Commerce for filing."
SECTION 168. Section 33-2-103 of the 1976 Code is amended to read:
"Section 33-2-103. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b) The Secretary of State's Department of Commerce's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation."
SECTION 169. Section 33-4-101 of the 1976 Code, as last amended by Act 446 of 1990, is further amended to read:
"Section 33-4-101. (a) Except as otherwise authorized by either subsection (f) or (g), a corporate name:
(1) must contain the word 'corporation', 'incorporated', 'company', or 'limited', the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.', or words or abbreviations of like import in another language; and
(2) may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by Section 33-3-101 and its articles of incorporation.
(b) Except as authorized by subsections (c) and (d), a corporate name must be distinguishable upon the records of the Secretary of State Department of Commerce from:
(1) the corporate name of a corporation incorporated or authorized to transact business in this State;
(2) a corporate name reserved or registered under Section 33-4-102 or 33-4-103;
(3) the fictitious name adopted by a foreign corporation authorized to transact business in this State because its real name is unavailable;
(4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this State;
(5) the name of a limited partnership authorized to transact business in this State.
(c) A corporation may apply to the Secretary of State Department of Commerce for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (b). The Secretary of State Department of Commerce shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State Department of Commerce from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the proposed user corporation:
(1) has merged with the other corporation;
(2) has been formed by reorganization of the other corporation; or
(3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) Chapters 1 through 20 of this title does not control the use of fictitious names.
(f) The following corporations are exempt from subsection (a)(1):
(1) a bank, building and loan association, savings and loan association, insurance company, public utility, and railroad;
(2) a corporation which was organized before January 1, 1964, and whose charter or articles of incorporation on the effective date of this Business Corporation Act of 1988 specified a corporate name that would not meet the requirements of subsection (a) of this section, may continue to use that name as its official name;
(3) nonprofit corporation; and
(4) a professional corporation governed by Chapter 19 of this title, but the name of the professional corporation must comply with Section 33-19-150.
(g) Any corporation incorporated in South Carolina which, prior to the effective date of Chapters 1 through 20 of this Title, filed a renewable certificate with the Secretary of State Department of Commerce adopting an 'assumed name' pursuant to the provisions of Section 33-5-35 in Section 2 of Act 146 of 1981, and which filed assumed name would not meet the requirements of subsection (a) of this section, may continue to use the name as its name until December 31, 1994, at which time the name of the corporation must meet the requirements of subsections (a) and (b) of this section. If necessary to meet the requirements of subsections (a) and (b), the corporation must amend its articles of incorporation prior to December 31, 1994.
If any corporation incorporated in South Carolina prior to the effective date of Chapters 1 through 20 of this Title adopted an assumed name which complies with all of the provisions of subsections (a) and (b), that assumed name, upon filing of amended articles designating such name as the name of the corporation, is the corporation's name.
No certificate of assumed name may be renewed after the effective date of Chapters 1 through 20 of Title 33, and all such certificates, regardless of stated expiration date, automatically expire on December 31, 1994."
SECTION 170. Section 33-4-102 of the 1976 Code, as last amended by Act 3 of 1991, is further amended to read:
"Section 33-4-102. (a) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available, by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State Department of Commerce finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State Department of Commerce a signed notice of the transfer that states the name and address of the transferee.
(c) The name of a corporation administratively dissolved under Section 33-14-210 is not subject to reservation for a period of two years from the date the Secretary of State Department of Commerce sends a copy of the certificate of dissolution to the corporation as provided by Section 33-14-210(b)."
SECTION 171. Section 33-4-103 of the 1976 Code is amended to read:
"Section 33-4-103. (a) A foreign corporation may register its corporate name, or its corporate name with any addition required by Section 33-15-106, if the name is distinguishable upon the records of the Secretary of State Department of Commerce from the corporate names that are not available under Section 33-4-101(b)(3).
(b) A foreign corporation registers its corporate name, or its corporate name with any addition required by Section 33-15-106, by delivering to the Secretary of State Department of Commerce for filing an application:
(1) setting forth its corporate name, or its corporate name with any addition required by Section 33-15-106, the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and
(2) accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.
(c) The name is registered for the applicant's exclusive use upon the effective date of the application.
(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State Department of Commerce for filing a renewal application, which complies with the requirements of subsection (b), between October first and December thirty-first of the preceding year. The renewal application, when filed, renews the registration for the following calendar year.
(e) A foreign corporation whose registration is effective may qualify thereafter as a foreign corporation under the registered name or consent in writing to the use of that name by a corporation thereafter incorporated under Chapters 1 through 20 of this Title or by another foreign corporation thereafter authorized to transact business in this State. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name."
SECTION 172. Section 33-5-102 of the 1976 Code is amended to read:
"Section 33-5-102. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) the name of the corporation;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent (either on the statement or attached to it) to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any corporation for which he is the registered agent by notifying the corporation in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 173. Section 33-5-103 of the 1976 Code is amended to read:
"Section 33-5-103. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State Department of Commerce for filing the signed original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(b) After filing the statement the Secretary of State Department of Commerce shall mail one copy to the registered office (if not discontinued) and the other copy to the corporation at its principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 174. Section 33-6-102 of the 1976 Code is amended to read:
"Section 33-6-102. (a) If the articles of incorporation so provide, the board of directors may determine, in whole or part, the preferences, limitations, and relative rights (within the limits set forth in Section 33-6-101) of (1) any class of shares before the issuance of any shares of that class or (2) one or more series within a class before the issuance of any shares of that series.
(b) Each series of a class must be given a distinguishing designation.
(c) All shares of a series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class.
(d) Before issuing any shares of a class or series created under this section, the corporation must deliver to the Secretary of State Department of Commerce for filing articles of amendment, which are effective without shareholder action, that set forth:
(1) the name of the corporation;
(2) the text of the amendment determining the terms of the class or series of shares;
(3) the date it was adopted; and
(4) a statement that the amendment was duly adopted by the board of directors."
SECTION 175. Section 33-6-310 of the 1976 Code is amended to read:
"Section 33-6-310. (a) A corporation may acquire its own shares, and shares so acquired constitute authorized but unissued shares.
(b) If the articles of incorporation prohibit the reissue of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon amendment of the articles of incorporation.
(c) The board of directors may adopt articles of amendment under this section without shareholder action and deliver them to the Secretary of State Department of Commerce for filing. The articles must set forth:
(1) the name of the corporation;
(2) the reduction of the number of authorized shares, itemized by class and series; and
(3) the total number of authorized shares, itemized by class and series, remaining after reduction of the shares."
SECTION 176. Section 33-10-102 of the 1976 Code is amended to read:
"Section 33-10-102. Unless the articles of incorporation provide otherwise, a corporation's board of directors may adopt one or more amendments to the corporation's articles of incorporation without shareholder action to:
(1) delete the names and addresses of the initial directors;
(2) delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the Secretary of State Department of Commerce;
(3) change each issued and unissued authorized share of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding;
(4) change the corporate name by substituting the word 'corporation', 'incorporated', 'company', 'limited', or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.' for a similar word or abbreviation in the name or by adding, deleting, or changing a geographical attribution for the name; or
(5) make any other change expressly permitted by Chapters 1 thru 20 of this title to be made without shareholder action."
SECTION 177. Section 33-10-106 of the 1976 Code is amended to read:
"Section 33-10-106. A corporation amending its articles of incorporation shall deliver to the Secretary of State Department of Commerce for filing articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment adopted;
(3) if an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself;
(4) the date of each amendment's adoption;
(5) if an amendment was adopted by the incorporators or board of directors without shareholder action, a statement to that effect and that shareholder action was not required;
(6) if an amendment was approved by the shareholders:
(i) the designation, number of outstanding shares, number of votes entitled to be cast by each voting group entitled to vote separately on the amendment, and number of votes of each voting group indisputably represented at the meeting;
(ii) either the total number of votes cast for and against the amendment by each voting group entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each voting group and a statement that the number cast for the amendment by each voting group was sufficient for approval by that voting group."
SECTION 178. Section 33-10-107 of 1976 Code is amended to read:
"Section 33-10-107. (a) A corporation's board of directors may restate its articles of incorporation with or without shareholder action.
(b) The restatement may include amendments to the articles. If the restatement includes an amendment requiring shareholder approval, it must be adopted as provided in Section 33-10-103.
(c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with Section 33-7-105. The notice must state also that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles.
(d) A corporation restating its articles of incorporation shall deliver to the Secretary of State Department of Commerce for filing articles of restatement setting forth the name of the corporation (and, if it has been changed, all of its former names), the date of filing of its original articles, and the text of the restated articles of incorporation together with a certificate setting forth:
(1) whether the restatement contains an amendment to the articles requiring shareholder approval and, if it does not, that the board of directors adopted the restatement; or
(2) if the restatement contains an amendment to the articles requiring shareholder approval, the information required by Section 33-10-106.
(e) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them.
(f) The Secretary of State Department of Commerce may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (d)."
SECTION 179. Section 33-10-108 of the 1976 Code is amended to read:
"Section 33-10-108. (a) A corporation's articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by Section 33-2-102.
(b) The individual designated by the court shall deliver to the Secretary of State Department of Commerce for filing articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment approved by the court;
(3) the date of the court's order or decree approving the articles of amendment;
(4) the title of the reorganization proceeding in which the order or decree was entered; and
(5) a statement that the court had jurisdiction of the proceeding under federal statute.
(c) Shareholders of a corporation undergoing reorganization do not have dissenters' rights except as and to the extent provided in the reorganization plan.
(d) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan."
SECTION 180. Section 33-11-104 of the 1976 Code is amended to read:
"Section 33-11-104. (a) A parent corporation owning at least ninety percent of the outstanding shares of each class of a subsidiary corporation may merge the subsidiary into itself without approval of the shareholders of the parent or subsidiary.
(b) The board of directors of the parent shall adopt a plan of merger that sets forth the:
(1) names of the parent and subsidiary; and
(2) manner and basis of converting the shares of the subsidiary into shares, obligations, or other securities of the parent or any other corporation or into cash or other property in whole or part.
(c) The parent shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary who does not waive the mailing requirement in writing.
(d) The parent may not deliver articles of merger to the Secretary of State Department of Commerce for filing until at least thirty days after the date it mailed a copy of the plan of merger to each shareholder of the subsidiary who did not waive the mailing requirement.
(e) Articles of merger under this section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Section 33-10-102)."
SECTION 181. Section 33-11-105 of the 1976 Code is amended to read:
"Section 33-11-105. (a) After a plan of merger or share exchange is approved by the shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring corporation shall deliver to the Secretary of State Department of Commerce for filing articles of merger or share exchange setting forth:
(1) the plan of merger or share exchange;
(2) if shareholder approval was not required, a statement to that effect;
(3) if approval of the shareholders of one or more corporations party to the merger or share exchange was required:
(i) the designation, number of outstanding shares, and number of votes entitled to be cast by each voting group entitled to vote separately on the plan as to each corporation; and
(ii) either the total number of votes cast for and against the plan by each voting group entitled to vote separately on the plan or the total number of undisputed votes cast for the plan separately by each voting group and a statement that the number cast for the plan by each voting group was sufficient for approval by that voting group.
(b) A merger or share exchange takes effect upon the effective date of the articles of merger or share exchange."
SECTION 182. Section 33-11-107 of the 1976 Code is amended to read:
"Section 33-11-107. (a) Foreign corporations may merge or enter into a share exchange with domestic corporations if:
(1) in a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(2) in a share exchange, the corporation whose shares are to be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;
(3) the foreign corporation complies with Section 33-11-105 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and
(4) each domestic corporation complies with the applicable provisions of Sections 33-11-101 through 33-11-104 and, if it is the surviving corporation of the merger or acquiring corporation of the share exchange, with Section 33-11-105.
(b) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is considered to:
(1) appoint the Secretary of State Department of Commerce as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and
(2) agree that it will pay promptly to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under Chapter 13.
(c) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise."
SECTION 183. Section 33-11-108 of the 1976 Code is amended to read:
"Section 33-11-108. (a) A parent corporation owning at least ninety percent of the outstanding shares of each class of a subsidiary corporation may merge itself into the subsidiary without approval of the shareholders of the subsidiary if the plan of merger is submitted to and approved by the shareholders of the parent in accordance with Section 33-11-103.
(b) The board of directors of the parent shall adopt a plan of merger that sets forth the:
(1) names of the parent and subsidiary; and
(2) manner and basis of converting the shares of the parent pro rata into shares of the subsidiary.
(c) The subsidiary shall mail a copy or summary of the plan of merger to each of its shareholders who does not waive the mailing requirement in writing.
(d) The subsidiary may not deliver articles of merger to the Secretary of State Department of Commerce for filing until at least thirty days after the date it mailed a copy of the plan of merger to each of its shareholders who did not waive the mailing requirement.
(e) Articles of merger under this section may not contain amendments to the articles of incorporation of the subsidiary corporation (except for amendments enumerated in Section 33-10-102)."
SECTION 184. Section 33-14-101 of the 1976 Code is amended to read:
"Section 33-14-101. The board of directors or, if the corporation has no directors, a majority of the incorporators of a corporation that has not issued shares or has not commenced business may dissolve the corporation by delivering to the Secretary of State Department of Commerce for filing articles of dissolution that set forth:
(1) the name of the corporation;
(2) the date of its incorporation;
(3) either (i) that none of the corporation's shares has been issued or (ii) that the corporation has not commenced business;
(4) that no debt of the corporation remains unpaid;
(5) that the net assets of the corporation remaining after winding up have been distributed to the shareholders, if shares were issued; and
(6) that a majority of the incorporators or initial directors authorized the dissolution."
SECTION 185. Section 33-14-103 of the 1976 Code is amended to read:
"Section 33-14-103. (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State Department of Commerce for filing articles of dissolution setting forth:
(1) the name of the corporation;
(2) the names and addresses of its directors;
(3) the names and addresses of its officers;
(4) the date dissolution was authorized;
(5) if dissolution was approved by the shareholders:
(i) the number of votes entitled to be cast on the proposal to dissolve; and
(ii) either the total number of votes cast for and against dissolution or the total number of undisputed votes cast for dissolution and a statement that the number cast for dissolution was sufficient for approval.
(6) If voting by voting groups was required, the information required by item (5) must be provided separately for each voting group entitled to vote separately on the plan to dissolve.
(b) A corporation is dissolved upon the effective date of its articles of dissolution."
SECTION 186. Section 33-14-104 of the 1976 Code is amended to read:
"Section 33-14-104. (a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without shareholder action.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State Department of Commerce for filing, articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) the name of the corporation;
(2) the effective date of the dissolution that was revoked;
(3) the date that the revocation of dissolution was authorized;
(4) if the corporation's board of directors (or incorporators) revoked the dissolution, a statement to that effect;
(5) if the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) if shareholder action was required to revoke the dissolution:
(i) the number of votes entitled to be case on the proposal to revoke the dissolution; and
(ii) either the total number of votes cast for and against revocation or the total number of undisputed votes cast for revocation and a statement that the number cast for revocation was sufficient for approval.
(7) If voting by voting groups was required, the information required by item (6) must be separately provided for each voting group entitled to vote separately on the proposal to revoke the dissolution.
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its business as if dissolution had never occurred."
SECTION 187. Section 33-14-200 of the 1976 Code, as last amended by Section 513, Act 181 of 1993, is further amended to read:
"Section 33-14-200. (a) The Secretary of State Department of Commerce shall commence a proceeding under Section 33-14-210(a) to dissolve a corporation administratively if:
(1) the corporation does not pay when they are due any franchise taxes, taxes payable under Chapter 7 of Title 12, or penalties imposed by law;
(2) the corporation does not deliver its annual report to the Department of Revenue and Taxation when it is due;
(3) the corporation is without a registered agent or registered office in this State;
(4) the corporation does not notify the Secretary of State Department of Commerce that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or
(5) the corporation's period of duration stated in its articles of incorporation expires.
(b) The Secretary of State Department of Commerce shall dissolve a corporation under Section 33-14-210(c) if he is notified by the Department of Revenue and Taxation that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675."
SECTION 188. Section 33-14-210 of the 1976 Code is amended to read:
"Section 33-14-210. (a) If the Secretary of State Department of Commerce determines that grounds exist under Section 33-14-200(a) for dissolving a corporation, he shall mail written notice of his determination to the corporation.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State Department of Commerce does not exist within sixty days after the notice required by subsection (a) was mailed, the Secretary of State Department of Commerce shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(c) If the Secretary of State Department of Commerce is notified by the Tax Commission that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675, the Secretary of State Department of Commerce shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(d) A corporation dissolved administratively continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Section 33-14-105 and notify claimants under Sections 33-14-106 and 33-14-107.
(e) The administrative dissolution of a corporation does not terminate the authority of its registered agent."
SECTION 189. Section 33-14-220 of the 1976 Code, as last amended by Section 514, Act 181 of 1993, is further amended to read:
"Section 33-14-220. (a) A corporation dissolved administratively under Section 33-14-210 may apply to the Secretary of State Department of Commerce for reinstatement at any time after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-4-101; and
(4) contain a certificate from the South Carolina Department of Revenue and Taxation reciting that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(b) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (a) and that the information is correct, he shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the corporation.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred."
SECTION 190. Section 33-14-230 of the 1976 Code is amended to read:
"Section 33-14-230. (a) If the Secretary of State Department of Commerce denies a corporation's application for reinstatement following administrative dissolution, he shall send a written notice that explains the reasons for denial to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(b) The corporation may appeal the denial of reinstatement to the circuit court for Richland County within thirty days after the notice of denial was received. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's Department of Commerce's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's Department of Commerce's notice of denial.
(c) The court may summarily order the Secretary of State Department of Commerce to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings."
SECTION 191. Section 33-14-330 of the 1976 Code is amended to read:
"Section 33-14-330. (a) If after a hearing the court determines that grounds for judicial dissolution described in Section 33-14-300 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging any fee.
(b) After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Section 33-14-105 and the notification of claimants in accordance with Sections 33-14-106 and 33-14-107."
SECTION 192. Section 33-15-101 of the 1976 Code, as last amended by Act 446 of 1990, is further amended to read:
"Section 33-15-101. (a) A foreign corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;
(3) maintaining bank accounts;
(4) maintaining offices or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositories with respect to those securities;
(5) selling through independent contractors;
(6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(7) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(8) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(9) owning, without more, real or personal property;
(10) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
(11) transacting business in interstate commerce; or
(12) owning and controlling a subsidiary corporation incorporated in or transacting business within this State.
(c) The list of activities in subsection (b) is not exhaustive."
SECTION 193. Section 33-15-103 of the 1976, as last amended by Act 466 of 1994, is further amended to read:
"Section 33-15-103. (a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporation name that satisfies the requirements of Section 33-15-106;
(2) the name of the state or country under whose law it is incorporated;
(3) its date of incorporation and period of duration;
(4) the street address of its principal office;
(5) the address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses of its current directors and officers;
(7) a statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes and series, if any, within a class.
(b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State Director of the Department of Commerce or other official having custody or corporate records in the state or country under whose law it is incorporated.
(c) The foreign corporation shall deliver with the completed application the initial annual report of the corporation as specified in Section 12-19-20 by law."
SECTION 194. Section 33-15-104 of the 1976 Code is amended to read:
"Section 33-15-104. (a) A foreign corporation authorized to transact business in this State must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its corporate name;
(2) the period of its duration; or
(3) the state or country of its incorporation.
(b) The requirements of Section 33-15-103 for obtaining an original certificate of authority apply to obtaining an amended certificate under this section."
SECTION 195. Section 33-15-106 of the 1976 Code is amended to read:
"Section 33-15-106. (a) Except as authorized by subsection (f), if the corporate name of a foreign corporation does not satisfy the requirements of Section 33-4-101, the foreign corporation to obtain or maintain a certificate of authority to transact business in this State may:
(1) add 'corporation', 'incorporated', 'company', or 'limited' or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.' to its corporate name for use in this State; or
(2) use a fictitious name in this State if its real name is unavailable and it delivers to the Secretary of State Department of Commerce for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name which includes one or more of the words or abbreviations in item (1) of this subsection.
(b) Except as authorized by subsections (c) and (d), the corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State Department of Commerce from:
(1) the corporate name of a corporation incorporated or authorized to transact business in this State;
(2) a corporate name reserved or registered under Section 33-4-102 or 33-4-103;
(3) the fictitious name of another foreign corporation authorized to transact business in this State; and
(4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this State.
(c) A foreign corporation may apply to the Secretary of State Department of Commerce for authorization to use in this State the name of another corporation incorporated or authorized to transact business in this State that is not distinguishable upon his records from the name applied for. The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A foreign corporation may use in this State the name (including the fictitious name) of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the foreign corporation has:
(1) merged with the other corporation;
(2) been formed by reorganization of the other corporation; or
(3) acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) If a foreign corporation authorized to transact business in this State changes its corporate name to one that does not satisfy the requirements of Section 33-4-101, it may not transact business in this State under the changed name until it adopts a name satisfying the requirements of Section 33-4-101 and obtains an amended certificate of authority under Section 33-15-104.
(f) If any foreign corporation authorized to transact business in South Carolina had filed, prior to the effective date of Chapters 1 thru 20 of this title, a certificate with the then Secretary of State adopting an assumed name pursuant to Section 33-5-35 in Section 2 of Act 146 of 1981 which does not meet the requirements of either Section 33-4-101(a) and (b) or Section 33-15-106(a) through (e) of Chapters 1 thru 20 of this title, it may continue to use the assumed name as its name until December 31, 1994, at which time the name of the corporation must meet the requirements of Chapters 1 thru 20 of this title and, if necessary to meet them, must be adopted by an amended certificate of authority under Section 33-15-104. If any filed assumed name does not meet the requirements of Section 33-4-101(a) and (b), but does meet the requirements of this section, the corporation may continue to use the name in this State as its name and is not required to file the certificate mentioned in item (2) of subsection (a) of this section."
SECTION 196. Section 33-15-108 of the 1976 Code is amended to read:
"Section 33-15-108. (a) A foreign corporation authorized to transact business in this State may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) its name;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of its new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of its new registered agent and the new agent's written consent to the appointment either on the statement or attached to it; and
(6) that, after the changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any foreign corporation for which he is the registered agent by notifying the corporation in writing of the change and signing either manually or in facsimile and delivering to the Secretary of State Department of Commerce for filing a statement of change that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 197. Section 33-15-109 of the 1976 Code is amended to read:
"Section 33-15-109. (a) The registered agent of a foreign corporation may resign his agency appointment by signing and delivering to the Secretary of State Department of Commerce for filing the original and two exact or conformed copies of a statement of resignation. The statement of resignation may include a statement that the registered office is discontinued also.
(b) After filing the statement, the Secretary of State Department of Commerce shall attach the filing receipt to one copy and mail the copy and receipt to the registered office if not discontinued. The Secretary of State department shall mail the other copy to the foreign corporation at its principal office address shown in its most recent annual report.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 198. Section 33-15-200 of the 1976 Code is amended to read:
"Section 33-15-200. (a) A foreign corporation authorized to transact business in this State may not withdraw from this State until it obtains a certificate of withdrawal from the Secretary of State Department of Commerce.
(b) A foreign corporation authorized to transact business in this State may apply for a certificate of withdrawal by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation and the name of the state or country under whose law it is incorporated;
(2) that it is not transacting business in this State and that it surrenders its authority to transact business in this State;
(3) that it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this State;
(4) a mailing address to which the Secretary of State Director of the Department of Commerce may mail a copy of any process served on him under item (3); and
(5) a commitment to notify the Secretary of State director in the future of any change in its mailing address.
(c) After the withdrawal of the corporation is effective, service of process on the Secretary of State Director of the Department of Commerce under this section is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the foreign corporation at the mailing address set forth under subsection (b)."
SECTION 199. Section 33-15-300 of the 1976 Code, as last amended by Section 516, Act 181 of 1993, is further amended to read:
"Section 33-15-300. (a) The Secretary of State Department of Commerce shall commence a proceeding under Section 33-15-310 to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if:
(1) the foreign corporation does not deliver its annual report to the Department of Revenue and Taxation when due;
(2) the foreign corporation does not pay, when they are due, any franchise taxes, taxes payable under Chapter 7 6 of Title 12, or penalties imposed by this act or other law;
(3) the foreign corporation is without a registered agent or registered office in this State;
(4) the foreign corporation does not inform the Secretary of State Department of Commerce under Section 33-15-108 or 33-15-109 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued;
(5) an incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State Department of Commerce for filing;
(6) the Secretary of State Department of Commerce receives a duly authenticated certificate from the Secretary of State department or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger.
(b) The Secretary of State Department of Commerce shall proceed under Section 33-15-310(c) to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if he is notified by the Department of Revenue and Taxation that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675 law."
SECTION 200. Section 33-15-310 of the 1976 Code, as last amended by Section 517, Act 181 of 1993, is further amended to read:
"Section 33-15-310. (a) If the Secretary of State Department of Commerce determines that grounds exist under Section 33-15-300(a) for revocation of a certificate of authority, he it shall mail written notice of his determination to the foreign corporation.
(b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State department does not exist within sixty days after the notice required by subsection (a) was mailed, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and send a copy to the foreign corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(c) If the Secretary of State Department of Commerce is notified by the Department of Revenue and Taxation that the foreign corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675 law, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and send a copy to the foreign corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(d) The authority of a foreign corporation to transact business in this State ceases on the date shown on the certificate revoking its certificate of authority.
(e) The Secretary of State's Department of Commerce's revocation of a foreign corporation's certificate of authority appoints the Secretary of State Director of the Department of Commerce as the foreign corporation's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this State. Service of process on the Secretary of State Director of the Department of Commerce under this subsection is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the secretary of the foreign corporation at its principal office shown in its most recent annual report or in any subsequent communication received from the corporation stating the current mailing address of its principal office or, if none is on file, in its application for a certificate of authority.
(f) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation."
SECTION 201. Section 33-15-320 of the 1976 Code is amended to read:
"Section 33-15-320. (a) A foreign corporation may appeal the Secretary of State's Department of Commerce's revocation of its certificate of authority to the Richland County Circuit Court within thirty days after the certificate of revocation was received. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's department certificate of revocation.
(b) The court may summarily order the Secretary of State Department of Commerce to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 202. Section 33-15-330 of the 1976 Code, as last amended by Section 518, Act 181 of 1993, is further amended:
"Section 33-15-330. (A) A foreign corporation whose certificate of authority has been revoked administratively under Section 33-15-310 may apply to the Secretary of State Department of Commerce for reinstatement at any time after the effective date of revocation. The application must:
(1) recite the name of the foreign corporation and the effective date of its administrative revocation;
(2) state that the grounds for revocation either did not exist or have been eliminated;
(3) state that the foreign corporation's name satisfies the requirements of Section 33-4-101;
(4) contain a certificate from the South Carolina Department of Revenue and Taxation stating that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(B) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (A) and that the information is correct, he it shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the foreign corporation.
(C) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the foreign corporation may resume carrying on its business as if the administrative revocation had never occurred."
SECTION 203. Section 33-19-109 of the 1976 Code is amended to read:
"Section 33-19-109. (a) A person may incorporate a professional corporation by delivering to the Secretary of State Department of Commerce for filing articles of incorporation that state (1) it is a professional corporation and (2) its purpose is to render the specified professional services.
(b) A corporation incorporated under a general law of this State that is not repealed by this chapter may elect professional corporation status by amending its articles of incorporation to comply with subsection (a) and Section 33-19-150."
SECTION 204. Section 33-19-420 of the 1976 Code is amended to read:
"Section 33-19-420. The Attorney General may commence a proceeding under Sections 33-14-300 through 33-14-330 to dissolve a professional corporation if:
(1) the Secretary of State Department of Commerce or a licensing authority with jurisdiction over a professional service described in the corporation's articles of incorporation serves written notice on the corporation under Section 33-1-300 that it has violated or is violating a provision of this chapter;
(2) the corporation does not correct each alleged violation, or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce or licensing authority that it did not occur, within sixty days after service of the notice is perfected under Section 33-1-300; and
(3) the Secretary of State Department of Commerce or licensing authority certifies to the Attorney General a description of the violation, that it notified the corporation of the violation, and that the corporation did not correct it, or demonstrate that it did not occur, within sixty days after perfection of service of the notice."
SECTION 205. Section 33-19-500 of the 1976 Code is amended to read:
"Section 33-19-500. (a) Except as provided in subsection (c), a foreign professional corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) A foreign professional corporation may not obtain a certificate of authority unless:
(1) its corporate name satisfies the requirements of Section 33-19-150;
(2) it is incorporated for one or more of the purposes described in Section 33-19-110; and
(3) all of its shareholders, not less than one-half of its directors, and all of its officers other than its secretary and treasurer, if any, are licensed in one or more states to render a professional service described in its articles of incorporation.
(c) A foreign professional corporation is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for conduct of business or professional practice."
SECTION 206. Section 33-19-520 of the 1976 Code is amended to read:
"Section 33-19-520. The Secretary of State Department of Commerce administratively may revoke under Sections 33-15-300 through 33-15-320 the certificate of authority of a foreign professional corporation authorized to transact business in this State if a licensing authority with jurisdiction over a professional service described in the corporation's articles of incorporation certifies to the Secretary of State department that the corporation is in violation of a provision of this chapter and describes the violation in the certificate."
SECTION 207. Section 33-19-700 of the 1976 Code is amended to read:
"Section 33-19-700. (a) Except as set forth in subsections (b), (c), (d), and (e), this chapter applies to a professional corporation formed under Act 784 of 1962 in existence on its effective date.
(b) Section 33-19-109 does not apply to professional corporations formed prior to the effective date of this chapter unless and until its articles of association are amended.
(c) Section 33-19-210 does not apply to any share certificates that are issued and outstanding prior to the effective date of this chapter.
(d) Section 33-19-600 does not apply to any professional corporation in existence prior to the effective date of this chapter that was not on that date required to file its articles of association with a licensing authority. Any professional corporation qualifying for this exemption shall file its articles of association with the first annual report required to be filed pursuant to Section 33-19-610.
(e) Within thirty days after the effective date of this chapter, the Secretary of State Department of Commerce shall send to the president of each professional corporation at the association's address as shown in the association's most recent annual report on file in the office of with the Secretary of State Department of Commerce a written notice stating that:
(1) the association is required to file with the Secretary of State Department of Commerce on or before January 1, 1991, a copy of the association's articles of association and all amendments to the articles;
(2) the articles of association may have to be amended on or before January 1, 1991, in order to comply with Chapter 19 of this title;
(3) all future amendments and restatements of the association's articles of association must be filed with the Secretary of State Department of Commerce and must comply with the requirements of this title; and
(4) no amendment or restatement of the association's articles after the effective date of this chapter may be filed in the office of the clerks of court.
(f) A professional corporation in existence on the effective date of this chapter is not in violation of this chapter for failure to file its articles of association with the Secretary of State as required by subsection (e) or to make any amendments to its articles of association required by this chapter or Chapters 1 through 17 of the South Carolina Business Corporation Act of 1988 until January 1, 1991. The failure of a professional corporation to file its articles of association and any necessary amendments to its articles of association by that date does not:
(1) impair the validity of any contract or act of the professional corporation;
(2) prevent the professional corporation from maintaining or defending any action, suit, or proceeding in any court in this State; or
(3) result in any shareholder not being governed by Section 33-19-340 with respect to liability for professional services.
(g) This chapter does not affect an existing or future right or privilege to render professional services through the use of any other form of business entity."
SECTION 208. Section 33-31-120 of the 1976 Code is amended to read:
"Section 33-31-120. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the Secretary of State Department of Commerce.
(b) This chapter must require or permit filing the document in the office of the Secretary of State Department of Commerce.
(c) The document must contain the information required by this chapter. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) by the presiding officer of its board of directors of a domestic or foreign corporation, its president, or by another of its officers;
(2) if directors have not been selected or the corporation has not been formed by an incorporator; or
(3) if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs. The document may, but need not, contain:
(1) the corporate seal;
(2) an attestation by the secretary or an assistant secretary; or
(3) an acknowledgement, verification, or proof.
(h) If the Secretary of State Department of Commerce has prescribed a mandatory form for a document under Section 33-31-121, the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the Secretary of State Department of Commerce for filing and must be accompanied by one exact or conformed copy, except as provided in Sections 33-31-503 and 33-31-1509, the correct filing fee, and any franchise tax, license fee, or penalty required by this chapter or other law."
SECTION 209. Section 33-31-121 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-121. (a) The Secretary of State Department of Commerce may prescribe and furnish on request forms for:
(1) an application for a certificate of existence;
(2) a foreign corporation's application for a certificate of authority to transact business in South Carolina;
(3) a foreign corporation's application for a certificate of withdrawal; and
(4) the notice of change of principal office. If the Secretary of State Department of Commerce so requires, use of these forms is mandatory.
The Secretary of State department through regulation may prescribe a mandatory form with regard to any other forms required or permitted by Chapter 31, Title 33 to be filed in his office. All mandatory forms must comply with the statutory requirements contained in Chapter 31.
(b) The Secretary of State Department of Commerce may prescribe and furnish on request forms for other documents required or permitted to be filed by this chapter, but their use is not mandatory."
SECTION 210. Section 33-31-122 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-122. (a) The Secretary of State Department of Commerce shall collect the following fees when the documents described in this subsection are delivered for filing:
(1) Articles of incorporation $25.00
(2) Application for use ofindistinguishable name $10.00
(3) Application for reserved name $10.00
(4) Notice of transfer of reserved name $ 3.00
(5) Application for registered name $10.00
(6) Application for renewal of registered name $10.00
(7) Corporation's statement of change of registered agent or registered office or both $10.00
(8) Agent's statement of change of registered office for each affected corporation $ 2.00
(9) Agent's statement of resignation $ 3.00
(10) Amendment of articles of incorporation $10.00
(11) Restatement of articles of incorporation with amendments $10.00
(12) Articles of merger $10.00
(13) Articles of dissolution $10.00
(14) Articles of revocation of dissolution $10.00
(15) Certificate of administrative dissolution No Fee
(16) Application for reinstatement following administrative dissolution $25.00
(17) Certificate of reinstatement No Fee
(18) Certificate of judicial dissolution No Fee
(19) Application for certificate of authority $10.00
(20) Application for amended certificate of authority $10.00
(21) Application for certificate of withdrawal $10.00
(22) Certificate of revocation of authority to transact business No Fee
(23) Notice of change of principle office $10.00
(24) Articles of correction $10.00
(25) Application for certificate of existence or authorization $10.00
(26) Notification by existing corporation $10.00
(27) Irrevocable election to be governed $25.00
(28) Any other document required or permitted to be filed by this chapter $10.00
(b) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Chapter 31 of this title. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(c) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and
(2) two dollars for the certificate."
SECTION 211. Section 33-31-123 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-123. (a) Except as provided in subsection (b), a document is effective:
(1) at the time of filing on the date it is filed, as evidenced by the Secretary of State's Department of Commerce's endorsement on the original document; or
(2) at the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed."
SECTION 212. Section 33-31-124 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-124. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State Department of Commerce if the document:
(1) contains an incorrect statement; or
(2) was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) by preparing articles of correction that:
(i) describe the document, including its filing date, or attach a copy of it to the articles;
(ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(iii) correct the incorrect statement or defective execution; and
(2) by delivering the articles of correction to the Secretary of State Department of Commerce.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."
SECTION 213. Section 33-31-125 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-125. (a) If a document delivered to the office of the Secretary of State Department of Commerce for filing satisfies the requirements of Section 33-31-120, the Secretary of State department shall file it.
(b) The Secretary of State Department of Commerce files a document by stamping or otherwise endorsing 'filed', together with his name and official title and date and time of receipt, on both the original and document copy, together with a further endorsement that the document is a true copy of the original document. After filing a document, except as provided in Sections 33-31-503 and 33-31-1510, the Secretary of State department shall deliver the document copy to the domestic or foreign corporation or its representative and the document copy must be retained as part of the permanent records of the corporation.
(c) Upon refusing to file a document, the Secretary of State Department of Commerce shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.
(d) The Secretary of State's Department of Commerce's duty to file documents under this section is ministerial. His Its filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or in part;
(2) relate to the correctness or incorrectness of information contained in the document; or
(3) except as provided in Section 33-31-127, create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."
SECTION 214. Section 33-31-126 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-126. (a) If the Secretary of State Department of Commerce refuses to file a document delivered for filing to the Secretary of State's department's office, the domestic or foreign corporation may appeal the refusal to the court of common pleas for Richland County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's department's explanation of the refusal to file.
(b) The court may summarily order the Secretary of State Department of Commerce to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 215. Section 33-31-127 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-127. A certificate attached to a copy of a document filed by the Secretary of State Department of Commerce, bearing his the signature of the director of the department, which may be in facsimile, and the seal of this State, is conclusive evidence that the original document is on file with the Secretary of State department and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."
SECTION 216. Section 33-31-128 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-128. (a) A person may apply to the Secretary of State Department of Commerce to furnish a certificate of existence for a domestic corporation or certificate of authorization for a foreign corporation.
(b) The certificate of existence or authorization sets forth:
(1) the domestic corporation's corporate name or the foreign corporation's corporate name used in this State;
(2) that (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) that the foreign corporation is authorized to transact business in this State;
(3) that all fees, taxes, and penalties owed to the Secretary of State Department of Commerce have been paid;
(4) that the Secretary of State Department of Commerce has not mailed notice to the corporation pursuant to either Section 33-31-1421 or 33-31-1531 that the corporation is subject to being dissolved or its authority revoked;
(5) that articles of dissolution have not been filed; and
(6) other facts of record in the office of the Secretary of State Department of Commerce that may be requested by the applicant.
(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State Department of Commerce may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State."
SECTION 217. Section 33-31-129 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-129. (a) A person commits an offense if he signs a document he knows is false in any material respect, including an omission of a material fact necessary in order to make the statements made in light of the circumstances under which they were made, not misleading, with intent that the document be delivered to the Secretary of State Department of Commerce for filing.
(b) An offense under this section is a misdemeanor punishable by a fine of not to exceed five hundred dollars.
(c) A person who violates subsection (a) is liable to any person who is damaged by the violation."
SECTION 218. Section 33-31-130 of the 1976 Code is amended to read:
"Section 33-31-130. The Secretary of State Department of Commerce has the power reasonably necessary to perform the duties required of the Secretary of State's department's office by this chapter."
SECTION 219. Section 33-31-140(16) of the 1976 Code is amended to read:
"(16) 'File', 'filed', or 'filing' means filed in the office of the Secretary of State Department of Commerce."
SECTION 220. Section 33-31-201 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-201. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State Department of Commerce for filing."
SECTION 221. Section 33-31-203 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-203. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b) The Secretary of State's Department of Commerce's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation."
SECTION 222. Section 33-31-401 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-401. (a) A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by Section 33-31-301 and its articles of incorporation.
(b) Except as authorized by subsections (c) and (d), a corporate name must be distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit or business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in South Carolina, or a name reserved, registered, or otherwise filed upon the records of the Secretary of State department.
(c) A corporation may apply to the Secretary of State Department of Commerce for authorization to use a name that is not distinguishable upon the Secretary of State's department's records from one or more of the names described in subsection (b). The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A corporation may use the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this State if the other corporation is incorporated or authorized to do business in this State and the proposed user corporation has:
(1) merged with the other corporation;
(2) been formed by reorganization of the other corporation; or
(3) acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) Except for allowing foreign corporations to file for a certificate of authority under a fictitious name as provided in Section 33-31-1506, this chapter does not control the use of fictitious names."
SECTION 223. Section 33-31-402 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-402. (a) A person may reserve the exclusive use of a corporate name including the corporate name of a foreign corporation or its corporate name with any change required by Section 33-31-1506, by delivering an application to the Secretary of State Department of Commerce for filing which shall set forth the name and address of the applicant and the name proposed to be reserved. Upon finding that the corporate name applied for is available, the Secretary of State department shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State Department of Commerce a signed notice of the transfer that states the name and address of the transferee."
SECTION 224. Section 33-31-403 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-403. (a) A foreign corporation may register its corporate name, or its corporate name with any change required by Section 33-31-1506, if the name is distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit or business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in this State, or a name reserved or registered upon the records of the Secretary of State department.
(b) A foreign corporation registers its corporate name, or its corporate name with any change required by Section 33-31-1506, by delivering to the Secretary of State Department of Commerce an application:
(1) setting forth its corporate name, or its corporate name with any change required by Section 33-31-1506, the state or country and date of its incorporation, a statement that the foreign corporation is not, and has not done business in South Carolina, and a brief description of the nature of the activities in which it is engaged; and
(2) accompanied by a certificate of existence, or a document of similar import, from the state or country of incorporation current within sixty days of delivery, duly authenticated by the official having custody of the corporation records in the state or country under whose law it is incorporated.
(c) The name is registered for the applicant's exclusive use upon the effective date of the application.
(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State Department of Commerce for filing a renewal application, which complies with the requirements of subsection (b), between October first and December thirty-first of the preceding year. The renewal application renews the registration for the following calendar year.
(e) A foreign corporation whose registration is effective may qualify thereafter as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this State. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name."
SECTION 225. Section 33-31-502 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-502. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) the name of the corporation;
(2) the street address, with zip code, of its current registered office;
(3) if the current registered office is to be changed, the street address, including zip code, of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent, either on the statement or attached to it, to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the office of its registered agent which will be identical.
(b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing, either manually or in facsimile, and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 226. Section 33-31-503 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-503. (a) A registered agent may resign as registered agent by signing and delivering to the Secretary of State Department of Commerce the original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is discontinued also.
(b) After filing the statement the Secretary of State Department of Commerce shall mail one copy to the registered office, if not discontinued, and the other copy to the corporation at its principal office as shown in its articles or most recently filed notice of change of principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 227. Section 33-31-505 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-505. If a corporation changes the location of its principal office, the corporation within thirty days shall file a Notice of Change of Principal Office with the Secretary of State Department of Commerce. The Notice of Change of Principal Office shall set forth:
(a) The name of the corporation; and
(b) The current street address with zip code of the corporation's principal office and the former principal office address."
SECTION 228. Section 33-31-704 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-704. (a) Unless limited or prohibited by the articles or bylaws, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least eighty percent of the voting power. The action must be evidenced by one or more written consents describing the action taken, signed by those members representing at least eighty percent of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.
(b) If not otherwise determined under Section 33-31-703 or 33-31-707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent under subsection (a).
(c) A consent signed under this section has the effect of a meeting vote and may be described as such in any document filed with the Secretary of State Department of Commerce.
(d) Written notice of member approval pursuant to this section must be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this section is effective ten days after the written notice is given."
SECTION 229. Section 33-31-1001 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1001. (a) A corporation may amend its articles of incorporation to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment.
(b) A corporation either designated on the records of the Office of the Secretary of State Department of Commerce as a public benefit or religious corporation, or which qualifies as such pursuant to Section 33-31-1707, may amend or restate its articles of incorporation so that it becomes designated as a mutual benefit corporation only if notice, including a copy of the proposed amendment or restatement, has been delivered to the Attorney General at least twenty days before consummation of the amendment or restatement.
(c) Except as provided in Section 33-31-611(c), a member of the corporation does not have a vested property right resulting from any provision in the articles of incorporation or bylaws."
SECTION 230. Section 33-31-1002 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1002. (a) Unless the articles provide otherwise, a corporation's board of directors may adopt one or more amendments to the corporation's articles without member approval:
(1) to extend the duration of the corporation if it was incorporated at a time when limited duration was required by law;
(2) to delete the names and addresses of the initial directors;
(3) to delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the Secretary of State Department of Commerce;
(4) to change the corporate name by substituting the word 'corporation', 'incorporated', 'company', 'limited', or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.', for a similar word or abbreviation in the name, or by adding, deleting, or changing a geographical attribution to the name; or
(5) to make any other change expressly permitted by this chapter to be made by director action;
(6) with respect to a corporation incorporated before the effective date of this chapter, to include, consistent with its purpose, a statement of whether the corporation is a public benefit, mutual benefit, or religious corporation.
(b) If a corporation has no members, or has no members entitled to vote on the amendment to the articles, its incorporators, until directors are chosen, and thereafter its board of directors, may adopt one or more amendments to the corporation's articles subject to any approval required pursuant to Section 33-31-1030. The corporation shall provide notice of any meeting at which an amendment is to be voted upon. The notice must be in accordance with Section 33-31-822(c). The notice also must state that the purpose, or one of the purposes, of the meeting is to consider a proposed amendment to the articles and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. The amendment must be approved by a majority of the directors in office at the time the amendment is adopted."
SECTION 231. Section 33-31-1005 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1005. A corporation amending its articles shall deliver to the Secretary of State Department of Commerce articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment adopted;
(3) the date of each amendment's adoption;
(4) if approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators;
(5) if approval by members was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the amendment, and number of votes of each class indisputably voting on the amendment; and
(ii) either the total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each class and a statement that the number cast for the amendment by each class was sufficient for approval by that class;
(6) if approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1030, a statement that the approval was obtained;
(7) if an amendment provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the amendment if not contained in the amendment itself must be included in the articles."
SECTION 232. Section 33-31-1006 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1006. (a) A corporation's board of directors may restate its articles of incorporation with or without approval by members or any other person.
(b) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring approval by the members or any other person, it must be adopted as provided in Section 33-31-1003.
(c) If the restatement includes an amendment requiring approval by members, the board must submit the restatement to the members for their approval.
(d) If the board seeks to have the restatement approved by the members at the membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Section 33-31-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles.
(e) If the board seeks to have the restatement approved by the members by written ballot or written consent, the material soliciting the approval shall contain or be accompanied by a copy or other change it would make in the articles.
(f) A restatement requiring approval by the members must be approved by the same vote as an amendment to articles under Section 33-31-1003.
(g) If the restatement includes an amendment requiring approval pursuant to Section 33-31-1030, the board must submit the restatement for such approval.
(h) A corporation restating its articles shall deliver to the Secretary of State Department of Commerce articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth:
(1) whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or
(2) if the restatement contains an amendment to the articles requiring approval by the members, the information required by Section 33-31-1005; and
(3) if the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Section 33-31-1030, a statement that the approval was obtained.
(i) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them.
(j) The Secretary of State Department of Commerce may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (h).
(k) If the restatement provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the restatement if not contained in the restatement itself must be included in the restated articles.
(l) Restated articles of incorporation shall include all statements required to be included in original articles of incorporation except that no statement is required to be made with respect to the names and addresses of the incorporators or the initial or present registered office or agent."
SECTION 233. Section 33-31-1007 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1007. (a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to Section 33-31-1030 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles after amendment contain only provisions required or permitted by Section 33-31-202.
(b) A corporation's articles may be amended in a proceeding brought by the Attorney General in the court of common pleas for Richland County to correct the statement in the articles of incorporation with regard to whether the corporation is a public benefit or mutual benefit corporation or, subject to the provisions of Section 33-31-180, a religious corporation.
(c) Any individual designated by the court shall deliver to the Secretary of State Department of Commerce articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment approved by the court;
(3) the date of the court's order or decree approving the articles of amendment;
(4) the title of the reorganization proceeding in which the order or decree was entered; and
(5) a statement that the court had jurisdiction of the proceeding under federal statute.
(d) Subsection (a) does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan."
SECTION 234. Section 33-31-1102 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1102. (a) Without the prior approval of the court of common pleas of Richland County in a proceeding in which the Attorney General has been given written notice, a public benefit or religious corporation may merge only with:
(1) a public benefit or religious corporation;
(2) a foreign corporation that would qualify under this chapter as a public benefit or religious corporation;
(3) a foreign or domestic business; mutual benefit corporation; or a corporation chartered directly by special act of the General Assembly, a city, county, or other governmental unit other than the Secretary of State Department of Commerce, provided the public benefit or religious corporation is the surviving corporation and continues to be a public benefit or religious corporation after the merger; or,
(4) a foreign or domestic business or mutual benefit corporation, provided that:
(i) on or before the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or religious corporation or the fair market value of the public benefit corporation or religious corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under Section 33-31-1406(a)(5) and (6) had it dissolved;
(ii) it shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and
(iii) the merger is approved by a majority of directors of the public benefit or religious corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation.
(b) At least twenty days before consummation of a merger of a public benefit corporation or a religious corporation pursuant to subsection (a)(4), notice, including a copy of the proposed plan of merger, must be delivered to the Attorney General.
(c) No member of a public benefit or religious corporation may receive or keep anything as a result of a merger other than a membership or membership in the surviving public benefit or religious corporation.
(d) Where approval or consent is required by this section, it must be given if the transaction is consistent with the purposes of the public benefit or religious corporation or is otherwise in the public interest."
SECTION 235. Section 33-31-1104 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1104. After a plan of merger is approved by the board of directors of each merging corporation and if required by Section 33-31-1103 by the members and any other persons, the surviving corporation shall deliver to the Secretary of State Department of Commerce articles of merger setting forth:
(1) the plan of merger;
(2) if approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors of each corporation;
(3) if approval by the members of one or more corporations was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and
(ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;
(4) If approval of the plan by some person or persons other than the members of the board is required pursuant to Section 33-31-1103(a)(3), a statement that the approval was obtained;
(5) Unless a delayed effective date is specified, a merger takes effect when the articles of merger are filed."
SECTION 236. Section 33-31-1106 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1106. (a) Except as provided in Section 33-31-1102, one or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(1) the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(2) the foreign corporation complies with Section 33-31-1104 if it is the surviving corporation of the merger; and
(3) each domestic nonprofit corporation complies with the applicable provisions of Sections 33-31-1101 through 33-31-1103 and, if it is the surviving corporation of the merger, with Section 33-31-1104.
(b) Upon the merger taking effect, the surviving foreign business or nonprofit corporation is deemed to have irrevocably appointed the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding brought against it."
SECTION 237. Section 33-31-1401 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1401. (a) The incorporators of a corporation that has no members and that does not yet have initial directors, upon written consents signed by a majority of the incorporators, or through a vote of a majority of the incorporators at a meeting of the incorporators, subject to any approval required by the articles or bylaws, may dissolve the corporation by delivering to the Secretary of State Department of Commerce articles of dissolution.
(b) The incorporators in approving dissolution shall adopt a plan of dissolution indicating to whom the assets owned or held by the corporation will be distributed after all creditors have been paid."
SECTION 238. Section 33-31-1403 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1403. (a) A public benefit or religious corporation shall give the Attorney General written notice that it intends to dissolve at or before the time it delivers articles of dissolution to the Secretary of State Department of Commerce. The notice shall include a copy or summary of the plan of dissolution.
(b) No assets may be transferred or conveyed by a public benefit or religious corporation as part of the dissolution process until twenty days after it has given the written notice required by subsection (a) to the Attorney General or until the Attorney General has consented in writing to the dissolution, or indicated in writing that he will take no action in respect to the transfer or conveyance, whichever is earlier.
(c) When all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board shall deliver to the Attorney General a list showing those, other than creditors, to whom the assets were transferred or conveyed. The list shall indicate the addresses of each person, other than creditors, who received assets and indicate what assets each received."
SECTION 239. Section 33-31-1404 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1404. (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State Department of Commerce articles of dissolution setting forth:
(1) the name of the corporation;
(2) the date dissolution was authorized;
(3) a statement that dissolution was approved by a sufficient vote of the board, or incorporators if dissolution is pursuant to Section 33-31-1401;
(4) if approval of members was not required, a statement to that effect and a statement that dissolution was approved by a sufficient vote of the board of directors or incorporators;
(5) if approval by members was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on dissolution, and number of votes of each class indisputably voting on dissolution; and
(ii) either the total number of votes cast for and against dissolution by each class entitled to vote separately on dissolution or the total number of undisputed votes cast for dissolution by each class and a statement that the number cast for dissolution by each class was sufficient for approval by that class;
(6) if approval of dissolution by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1402(a)(3), a statement that the approval was obtained; and
(7) if the corporation is a public benefit or religious corporation, that the notice to the Attorney General required by Section 33-31-1403(a) has been given.
(b) A corporation is dissolved upon the effective date of its articles of dissolution."
SECTION 240. Section 33-31-1405 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1405. (a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without action by the members or any other person.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State Department of Commerce for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) the name of the corporation;
(2) the effective date of the dissolution that was revoked;
(3) the date that the revocation of dissolution was authorized;
(4) if the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(5) if the corporation's board of directors revoked a dissolution authorized by the members alone or in conjunction with another person, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) if member or third person action was required to revoke the dissolution, the information required by Section 33-31-1404(a)(5) and (6).
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its activities as if dissolution had never occurred."
SECTION 241. Section 33-31-1420 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1420. The Secretary of State Department of Commerce may commence a proceeding under Section 33-31-1421 to administratively dissolve a corporation if the:
(1) corporation does not deliver a report of change of principal office when due;
(2) corporation is without a registered agent or registered office in this State;
(3) corporation does not notify the Secretary of State Department of Commerce that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(4) corporation's period of duration, if any, stated in its articles of incorporation expires; or
(5) corporation has been adjudicated bankrupt pursuant to Chapter 7 of the United States Bankruptcy Code."
SECTION 242. Section 33-31-1421 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1421. (a) Upon determining that one or more grounds exist under Section 33-31-1420(a) for dissolving a corporation, the Secretary of State Department of Commerce may serve the corporation with written notice of that determination under Section 33-31-504, and in the case of a public benefit corporation shall also notify the Attorney General in writing.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State department does not exist within at least sixty days after service of the notice is perfected under Section 33-31-504, the Secretary of State department shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State department shall file the original of the certificate and serve a copy on the corporation under Section 33-31-504, and in the case of a public benefit or religious corporation shall notify the Attorney General in writing.
(c) A corporation administratively dissolved continues its corporate existence but may not carry on any activities except those necessary to wind up and liquidate its affairs under Section 33-31-1406 and notify its claimants under Sections 33-31-1407 and 33-31-1408.
(d) The administrative dissolution of a corporation does not terminate the authority of its registered agent."
SECTION 243. Section 33-31-1422 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1422. (a) A corporation administratively dissolved under Section 33-31-1421 may apply to the Secretary of State Department of Commerce for reinstatement within two years after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the ground or grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-31-401.
(b) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (a) and that the information is correct, the Secretary of State department shall cancel the certificate of dissolution and prepare a certificate of reinstatement reciting that determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Section 33-31-504.
(c) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation shall resume carrying on its activities as if the administrative dissolution had never occurred."
SECTION 244. Section 33-31-1423 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1423. (a) The Secretary of State Department of Commerce, upon denying a corporation's application for reinstatement following administrative dissolution, shall serve the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office with a written notice that explains the reason or reasons for denial.
(b) The corporation may appeal the denial of reinstatement to the court of common pleas for Richland County within thirty days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's Department of Commerce's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's department's notice of denial.
(c) The court may summarily order the Secretary of State Department of Commerce to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings."
SECTION 245. Section 33-31-1433 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1433. (a) If after a hearing the court determines that one or more grounds for judicial dissolution described in Section 33-31-1430 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, or may order any other form of relief which it deems proper in the circumstances, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging a fee.
(b) After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation's affairs in accordance with Section 33-31-1406 and the notification of its claimants in accordance with Sections 33-31-1407 and 33-31-1408."
SECTION 246. Section 33-31-1501 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1501. (a) A foreign corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the board of directors or members or carrying on other activities concerning internal corporate affairs;
(3) maintaining bank accounts;
(4) maintaining offices or agencies for the transfer, exchange, and registration of memberships or securities or maintaining trustees or depositaries with respect to those securities;
(5) selling through independent contractors;
(6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(7) creating or acquiring indebtedness, mortgages, and security interests in real or personal property;
(8) securing or collecting debts or enforcing mortgages and security interests or any other rights in property securing the debts;
(9) owning, without more, real or personal property;
(10) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
(11) transacting business in interstate commerce;
(12) soliciting those contributions as are defined in Section 33-55-20(3) or any succeeding statute of like tenor and effect.
(b) The list of activities in subsection (b) is not exhaustive."
SECTION 247. Section 33-31-1503 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1503. (a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporate name that satisfies the requirements of Section 33-31-1506;
(2) the name of the state or country under whose law it is incorporated;
(3) the date of incorporation and period of duration;
(4) the street address, including zip code, of its principal office;
(5) the street address, including zip code, of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses, including zip codes, of its current directors and officers;
(7) whether the foreign corporation has members; and
(8) whether the corporation, if it had been incorporated in this State, would be a public benefit, mutual benefit or religious corporation.
(b) The foreign corporation shall deliver with the completed application a certificate of existence, or a document of similar import, duly authenticated by the Secretary of State Department of Commerce or other official having custody of corporate records in the state or country under whose law it is incorporated within sixty days of the date that it is filed in this State."
SECTION 248. Section 33-31-1504 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1504. (a) A foreign corporation authorized to transact business in this State must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its corporate name;
(2) the period of its duration; or
(3) the state or country of its incorporation.
(b) The requirements of Section 33-31-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this section."
SECTION 249. Section 33-31-1506 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1506. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Section 33-31-401, the foreign corporation, to obtain or maintain a certificate of authority to transact business in this State, may use a fictitious name to transact business in this State if its real name is unavailable and it delivers to the Secretary of State Department of Commerce for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name.
(b) Except as authorized by subsections (c) and (d), the corporate name, including a fictitious name, of a foreign corporation must be distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit corporation, business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in this State, or a name reserved, registered, or otherwise filed upon the records of the Secretary of State department.
(c) A foreign corporation may apply to the Secretary of State Department of Commerce for authorization to use in this State the name of another corporation, incorporated or authorized to transact business in this State, that is not distinguishable upon the records of the Secretary of State department from the name applied for. The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A foreign corporation may use in this State the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the foreign corporation:
(1) has merged with the other corporation;
(2) has been formed by reorganization of the other corporation; or
(3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) If a foreign corporation authorized to transact business in this State changes its corporate name to one that does not satisfy the requirements of Section 33-31-401, it may not transact business in this State under the changed name until it adopts a name satisfying the requirements of Section 33-31-401 and obtains an amended certificate of authority under Section 33-31-1504."
SECTION 250. Section 33-31-1508 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1508. (a) A foreign corporation authorized to transact business in this State may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
() the name of the corporation;
() the street address of its current registered office;
() if the current registered office is to be changed, the street address of its new registered office;
() the name of its current registered agent;
() if the current registered agent is to be changed, the name of its new registered agent and the new agent's written consent, either on the statement or attached to it, to the appointment; and
() that after the change or changes are made, the street addresses of its registered office and the office of its registered agent will be identical.
(b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing, either manually or in facsimile, and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 251. Section 33-31-1509 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1509. (a) The registered agent of a foreign corporation may resign as agent by signing and delivering to the Secretary of State Department of Commerce the original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(b) After filing the statement, the Secretary of State Department of Commerce shall mail one copy to the registered office, if not discontinued, and the other copy to the corporation at its principal office as shown in its application for certificate of authority or most recent notice of change of principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 252. Section 33-31-1515 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1515. If a foreign corporation changes the location of its principal office, then within thirty days of the date of the change the corporation shall file a notice of change of principal office with the Secretary of State Department of Commerce. The notice of change shall set forth:
(1) the name of the corporation; and
(2) the current street address, with zip code, of the corporation's principal office and the address of the former principal office."
SECTION 253. Section 33-31-1520 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1520. (a) A foreign corporation authorized to transact business in this State may not withdraw from this State until it obtains a certificate of withdrawal from the Secretary of State Department of Commerce.
(b) A foreign corporation authorized to transact business in this State may apply for a certificate of withdrawal by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation and the name of the state or country under whose law it is incorporated;
(2) that it is not transacting business in this State and that it surrenders its authority to transact business in this State;
(3) that it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to do business in this State;
(4) a mailing address to which the Secretary of State Director of the Department of Commerce may mail a copy of any process served on him under item (3); and
(5) a commitment to notify the Secretary of State Department of Commerce during the six years following the delivery of the certificate of withdrawal of any change in the mailing address.
(c) After the withdrawal of the corporation is effective, service of process on the Secretary of State Director of the Department of Commerce under this section is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the foreign corporation at the post office address set forth in its application for withdrawal."
SECTION 254. Section 33-31-1530 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1530. (a) The Secretary of State Department of Commerce may commence a proceeding under Section 33-31-1531(a) to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if:
(1) the foreign corporation does not deliver a notice of change of principal office when due;
(2) the foreign corporation is without a registered agent or registered office in this State;
(3) the foreign corporation does not inform the Secretary of State department that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(4) the corporation's period of duration, if any, stated in its articles of incorporation expires;
(5) the Secretary of State department receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger; or,
(6) that the corporation has been adjudicated bankrupt pursuant to Chapter 7 of the United States Bankruptcy Code.
(b) The Richland County Court of Common Pleas under Section 33-31-1531(b) may revoke the certificate of authority of a foreign corporation authorized to transact business in this State in a proceeding by the Attorney General if it is established that:
(1) the corporation obtained its articles of incorporation through fraud;
(2) the corporation has continued to exceed or abuse the authority conferred upon it by law;
(3) the corporation is a public benefit corporation and the assets are being misapplied or wasted;
(4) the corporation is a public benefit corporation and it is no longer able to carry out its purposes;
(5) the corporation has improperly solicited money or has fraudulently used the money solicited; or,
(6) the corporation has carried on, conducted, or transacted its business or affairs in a persistently fraudulent or illegal manner.
The enumeration of the grounds in items (1) through (6) revoking the authority shall not exclude actions or special proceedings by the Attorney General or other state official for revoking the authority of a foreign nonprofit corporation for other causes as provided in this chapter or in any other statute of this State."
SECTION 255. Section 33-31-1531 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1531. (a) Upon determining that one or more grounds exist under Section 33-31-1530(a) to revoke a certificate of authority of a foreign nonprofit corporation, the Secretary of State Department of Commerce may serve the foreign corporation with written notice of that determination pursuant to Section 33-31-1510.
If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State department that each ground for revocation determined by the Secretary of State department does not exist within sixty days after service of the notice is perfected under Section 33-31-1510, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and serve a copy on the foreign corporation under Section 33-31-1510 and, in the case of a public benefit corporation, shall notify the Attorney General in writing.
(b) If the court of Common Pleas of Richland County determines that one or more grounds for revoking the foreign nonprofit's authority to transact business as described in Section 33-31-1530(b) exists, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging any fee.
Before revoking the foreign nonprofit corporation's authority to transact business in this State, the court shall consider whether:
(1) there are reasonable alternatives to revoking the authority;
(2) revoking the authority is in the public interest, if the corporation is a public benefit corporation; and,
(3) revoking the authority is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.
The court of common pleas of Richland County may order any other form of relief which it deems proper in the circumstances.
(c) The authority of a foreign corporation to transact business in this State ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's Department of Commerce's or Richland County Court of Common Pleas revocation of a foreign corporation's certificate of authority appoints the Secretary of State Director of the Department of Commerce the foreign corporation's agent for service of process in any proceeding based on a cause of action that arose during the time the foreign corporation was authorized to transact business in this State. Service of process on the Secretary of State director under this subsection is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the secretary of the foreign corporation at its principal office shown in its most recent notice of change of principal office or in any subsequent communications received from the corporation stating the current mailing address of its principal office, or, if none are on file, in its application for a certificate of authority.
(e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation."
SECTION 256. Section 33-31-1532 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1532. (a) A foreign corporation may appeal the Secretary of State's Department of Commerce's revocation of its certificate of authority to the Richland County Court of Common Pleas within thirty days after the service of the certificate of revocation was received. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's Department of Commerce's certificate of revocation.
(b) The court may summarily order the Secretary of State Department of Commerce to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 257. Section 33-31-1601 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1601. (a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors as authorized by Section 33-31-825(d).
(b) A corporation shall maintain appropriate accounting records.
(c) A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast.
(d) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
(e) A corporation shall keep a copy of the following records at its principal office:
(1) its articles or restated articles of incorporation and all amendments to them currently in effect;
(2) its bylaws or restated bylaws and all amendments to them currently in effect;
(3) resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(4) the minutes of all meetings of members and records of all actions approved by the members for the past three years;
(5) all written communications to members generally within the past three years, including the financial statements furnished for the past three years under Section 33-31-1620;
(6) a list of the names and business or home addresses of its current directors and officers; and
(7) its most recent report of each type required to be filed by it with the Secretary of State Department of Commerce under this chapter."
SECTION 258. Section 33-31-1701 of the 1976, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1701. (a) This chapter applies to all domestic corporations which on this chapter's effective date were governed by Title 33, Chapter 31 of the 1976 Code.
(b) This chapter applies to each domestic corporation in existence on its effective date, organized other than under Title 33, Chapter 31, Code of Laws of South Carolina, 1976, upon such corporation's filing with the Secretary of State Department of Commerce an irrevocable election to be governed by the provisions of this chapter. The irrevocable election shall contain all the information required by, and may include any other matter permitted by, Section 33-31-202 (except that information required by subsection (a)(4), relating to the incorporators, is not required). The irrevocable election shall be signed by the presiding officer of its board (or other governing body), its president, by another of its officers, or any other person, regardless of designation, whose functions are those of, or equivalent to such officer.
(c) This chapter applies to all domestic corporations resulting from the merger of any corporation with a corporation organized under this chapter, when the latter is designated as the surviving corporation."
SECTION 259. Section 33-31-1706 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1706. (a) On the effective date of this chapter, each domestic corporation that is or becomes subject to this chapter shall be designated as a public benefit, mutual benefit, or religious corporation as follows:
(1) any corporation designated by statute as a public benefit corporation, a mutual benefit corporation, or a religious corporation is the type of corporation designated by statute;
(2) any corporation that does not come within subsection (1) but is organized primarily or exclusively for religious purposes is a religious corporation;
(3) any corporation that does not come within subsection (1) or (2) but that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor provision, is a public benefit corporation;
(4) any corporation that does not come within subsection (1), (2) or (3), but that is organized for a public or charitable purpose and that upon dissolution must distribute its assets to a public benefit corporation, the United States, a state, or a person that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code or any successor provision, is a public benefit corporation; and
(5) any corporation that does not come within subsection (1), (2), (3), or (4) is a mutual benefit corporation.
(b) In any filing with the Secretary of State Department of Commerce, an existing corporation may elect designation as a public benefit, mutual benefit, or religious corporation."
SECTION 300. Section 33-31-1707 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1707. (a) All domestic corporations in existence on May 10, 1994 which are governed by this chapter, and all foreign nonprofit corporations authorized to transact business in this State on May 10, 1994 which do not then have on file with the then Secretary of State either a current registered office or a current registered agent at that office shall file on or before January 2, 1996, 'Notification by Existing Corporation' form. Such form shall designate:
(1) the name of the corporation;
(2) the street address of the registered office in this State with zip code; and,
(3) the name of the registered agent whose office address shall be identical with the registered office.
(b) If any domestic or foreign corporation fails to make the filing required by subsection (a) on or before January 2, 1996, it is considered as of January 2, 1996, to have designated the Secretary of State Director of the Department of Commerce as its agent upon whom process against it may be served in any action or proceeding arising in any court in this State. Service of process is made by delivering to and leaving with the Secretary of State director, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State director immediately shall cause copies to be forwarded by certified mail addressed to the corporation at (1) the headquarters or principal office of the domestic corporation designated upon its declaration and petition for incorporation or application for qualification of a foreign corporation, (2) the last address of the domestic or foreign corporation known to the plaintiff, and (3) with respect to a foreign corporation, any registered office in the jurisdiction of incorporation (which address shall be as provided to the Secretary of State director by the plaintiff). All costs of mailing shall be paid by the plaintiff and the Secretary of State director may charge a fee of twenty dollars for the service.
(c) All domestic corporations in existence on May 10, 1994 which are governed by this chapter, and all foreign nonprofit corporations authorized to transact business in this State on May 10, 1994 whose headquarters or principal office as listed upon its declaration and petition for incorporation as a domestic nonprofit corporation or application for certificate of authority to transact business as a foreign nonprofit corporation which is no longer the location of the corporation's principal office shall file (1) a Notice of Change of Principal Office as is required by Section 33-31-505 or Section 33-31-1515, or (2) may designate upon the notice filed pursuant to subsection (a) the current street address along with the zip code of the corporation's principal office and the address of the former principal office (which filing shall serve as a Notification of Change of Principal Office). Any such domestic corporation may also elect a designation as a public benefit, mutual benefit, or religious corporation as is provided in Section 33-31-1706(b)."
SECTION 301. Section 33-35-30 of the 1976 Code is amended to read:
"Section 33-35-30. Corporations may be organized hereunder by any three or more persons who shall make, subscribe, acknowledge and file articles of incorporation in the office of the Secretary of State Department of Commerce, and shall obtain approval thereof by the Secretary of State department.
The articles of incorporation shall contain:
(1) The name of the proposed corporation, which shall include the word 'Incorporated' or 'Inc.' The name shall not be the same as, or deceptively similar to, the name of any other domestic corporation, or any foreign corporation authorized to do business in this State.
(2) The purpose for which the corporation is organized.
(3) The qualification of members and the manner of their admission.
(4) The term for which it is to exist, which may be perpetual.
(5) The names and residences of the subscribers.
(6) By what officers the affairs of the corporation are to be managed, and the times at which they will be elected or appointed.
(7) The names of the officers who are to serve until the first election or appointment under the articles of incorporation.
(8) The number of persons constituting the first board of directors, managers, or trustees, which shall not be less than three, and the names and addresses of the persons who are to serve as directors, managers, or trustees until the first election thereof.
(9) By whom the bylaws of the corporation are to be made, altered or rescinded.
(10) By whom and in what manner amendments to the articles of incorporation may be proposed and adopted.
(11) Any provision which the incorporators may choose to insert for the conduct of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, managers or trustees, and the members, including, but not limited to, provisions establishing classes of membership and limiting voting rights to one or more of such classes.
(12) The articles of incorporation shall be in writing, subscribed by not less than three natural persons competent to contract and acknowledged by all of the subscribers before an officer authorized to take acknowledgments, and filed in the office of the Secretary of State Department of Commerce for approval. A duplicate copy so subscribed and acknowledged may also be filed."
SECTION 302. Section 33-35-40 of the 1976 Code is amended to read:
"Section 33-35-40. When the articles of incorporation have been filed in the office of the Secretary of State Department of Commerce and approved by him it and the filing fee herein specified has been paid, the subscribers thereof and their associates and successors shall constitute a corporation. The approval of the articles of incorporation by the Secretary of State department shall be indicated by his endorsement thereof with the date and time of approval on the original. The original shall be filed in the records of his office. If a duplicate is received with the original, it shall, on receipt of the fee required for certified copies, be so endorsed, certified and returned to the person from whom it is received."
SECTION 303. Section 33-35-50 of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"Section 33-35-50. Upon filing any articles of incorporation, amendment thereof or other paper relating to the incorporation, merger, consolidation or dissolution of any corporation not for profit in the office of the Secretary of State Department of Commerce, the following fees shall be paid to him it for the use of the State:
(1) A filing fee of ten dollars for the filing and approval of articles of incorporation.
(2) A fee of one dollar for the first page, fifty cents for each additional page and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not for profit.
(3) A fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation.
(4) A fee of ten dollars for filing the annual report.
[For tax years beginning on or after January 1, 1993, this section reads as follows:] Upon filing any articles of incorporation, amendment thereof, or other paper relating to the incorporation, merger, consolidation, or dissolution of any corporation not for profit in the office of the Secretary of State Department of Commerce, the following fees must be paid to him it for the use of the State:
(1) a filing fee of ten dollars for the filing and approval of articles of incorporation;
(2) a fee of one dollar for the first page, fifty cents for each additional page and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not for profit;
(3) a fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation."
SECTION 304. Section 33-35-60 of the 1976 Code is amended to read:
"Section 33-35-60. Any corporation incorporated hereunder may amend its charter by resolution as provided in the bylaws. In any case, the charter or articles of incorporation shall be amended and the amendment incorporated therein only when the amendment has been filed with the Secretary of State Department of Commerce, approved by him it, and all filing fees have been paid."
SECTION 305. Section 33-35-70 of the 1976 Code is amended to read:
"Section 33-35-70. The Secretary of State Department of Commerce shall conform any articles of incorporation supplied by his its office for 'corporations not for profit' to the provisions of Sections 33-35-10 and 33-35-20."
SECTION 306. Section 33-35-120 of the 1976 Code is amended to read:
"Section 33-35-120. Any corporation organized for the purposes herein mentioned which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State Department of Commerce."
SECTION 307. Section 33-35-130 of the 1976 Code is amended to read:
"Section 33-35-130. A certified copy of the charter and any amendment thereof from the Secretary of State Department of Commerce or from the clerk of the court or register of mesne conveyances of the county in which such charter is required to be recorded shall be sufficient evidence of the incorporation of any corporation chartered under this chapter and of any amendment to its certificate of incorporation."
SECTION 308. Section 33-35-140 of the 1976 Code is amended to read:
"Section 33-35-140. All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State Department of Commerce. The charter or amendment shall be recorded within thirty days after receipt in the office of the clerk of court or register of mesne conveyances in the county in which the corporation is organized."
SECTION 309. Section 33-37-210 of the 1976 Code is amended to read:
"Section 33-37-210. Twenty-five or more persons, a majority of whom shall be residents of this State, who may desire to create a business development corporation under the provisions of this chapter for the purpose of promoting, developing and advancing the prosperity and economic welfare of the State and, to that end, to exercise the powers and privileges provided in this chapter, may be incorporated in the following manner. Such persons shall, by declaration of charter filed with the Secretary of State Department of Commerce, under their hands and seals, set forth:
(1) The name of the corporation, which shall include the words 'Business Development Corporation of South Carolina';
(2) The location of the principal office of the corporation; and
(3) The purposes for which the corporation is founded, which shall include the following: The purposes of the corporation shall be to promote, stimulate, develop and advance the business prosperity and economic welfare of this State and its citizens; to encourage and assist through loans, investments or other business transactions, in the location of new business and industry in this State and to rehabilitate and assist existing business and industry; and so to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this State, provide maximum opportunities for employment, encourage thrift and improve the standard of living of the citizens of this State; similarly, to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in this State; and to provide financing for the promotion, development and conduct of all kinds of business activity in this State."
SECTION 310. Section 33-37-260 of the 1976 Code, as last amended by Act 123 of 1995, is further amended to read:
"Section 33-37-260. The charter may be amended by the votes of the stockholders and the members of the corporation voting separately by classes. The amendments require approval by the affirmative vote of two thirds of the votes to which the stockholders are entitled and two thirds of the votes to which the members are entitled. No amendment of the charter which is inconsistent with the general purposes expressed in this chapter or which eliminates or curtails the right of the Secretary of State Department of Commerce to examine the corporation or the obligation of the corporation to make reports as provided by law may be made without amendment of this chapter. No amendment of the charter which increases the obligation of a member to make loans to the corporation, makes a change in the principal amount, interest rate, or maturity date or in the security or credit position of an outstanding loan of a member to the corporation, affects a member's right to withdraw from membership as provided in Section 33-37-430, or affects a member's voting rights as provided in Sections 33-37-440 and 33-37-450 may be made without the consent of each member affected by the amendment."
SECTION 311. Section 33-37-270 of the 1976 Code is amended to read:
"Section 33-37-270. Within thirty days after any meeting at which an amendment of the charter has been adopted articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth such amendment and the due adoption thereof, shall be submitted to the Secretary of State Department of Commerce, who shall examine them and, if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval thereon. Thereupon, the articles of amendment shall be filed in the office of the Secretary of State Department of Commerce, and no such amendment shall take effect until such articles of amendment shall have been filed as aforesaid."
SECTION 312. Section 33-39-210 of the 1976 Code is amended to read:
"Section 33-39-210. Ten or more persons, a majority of whom shall be residents of the same county of the State, who may desire to create a business development corporation under the provisions of this chapter for the purpose of promoting, developing and advancing the prosperity and economic welfare of the county and, to that end, to exercise the powers and privileges provided in this chapter, may be incorporated in the following manner. Such persons shall, by declaration of charter filed with the Secretary of State Department of Commerce, under their hands and seals, set forth:
(1) The name of the corporation, which shall include the words 'Business Development Corporation of ____ County';
(2) The location of the principal office of the corporation within the county; and
(3) The purposes for which the corporation is founded, which shall include the following: To promote, stimulate, develop and advance the business prosperity and economic welfare of the county in which formed and its citizens; to encourage and assist through loans, investments or other business transactions in the location of new business and industry in the county and to rehabilitate and assist existing business and industry; and so to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of the county, provide maximum opportunities for employment, encourage thrift and improve the standard of living of the citizens of the county; to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in the county; and to provide financing for the promotion, development and conduct of all kinds of business activity in the county."
SECTION 313. Section 33-39-260 of the 1976 Code is amended to read:
"Section 33-39-260. The charter may be amended by the votes of the stockholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two thirds of the votes to which the stockholders shall be entitled and two thirds of the votes to which the members shall be entitled; provided, that no amendment of the charter which is inconsistent with the general purposes expressed in this chapter, which authorizes any additional class of capital stock to be issued or which eliminates or curtails the right of the Secretary of State Department of Commerce to examine the corporation or the obligation of the corporation to make reports as provided by law shall be made without amendment of this chapter; and provided, further, that no amendment of the charter which increases the obligation of a member to make loans to the corporation, makes any change in the principal amount, interest rate or maturity date or in the security or credit position of any outstanding loan of a member to the corporation, affects a member's right to withdraw from membership as provided in Section 33-39-430 or affects a member's voting rights as provided in Sections 33-39-440 and 33-39-450 shall be made without the consent of each member affected by such amendment."
SECTION 314. Section 33-39-270 of the 1976 Code is amended to read:
"Section 33-39-270. Within thirty days after any meeting at which amendment of the charter has been adopted articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth such amendment and the due adoption thereof, shall be submitted to the Secretary of State Department of Commerce, who shall examine them and, if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval thereon. Thereupon, the articles of amendment shall be filed in the office of the Secretary of State Department of Commerce, and no such amendment shall take effect until such articles of amendment shall have been filed as aforesaid."
SECTION 315. Section 33-41-1110 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1110. (A) To become and to continue as a registered limited liability partnership, a partnership shall file with the Secretary of State Department of Commerce an application or a renewal application, as the case may be, stating the name of the partnership; the address of its principal office, if the partnership's principal office is not located in this State; the address of a registered office, and the name and address of a registered agent for service of process in this State, which the partnership will be required to maintain; the number of partners; a brief statement of the business in which the partnership engages, and that the partnership applies for status or renewal of its status, as the case may be, as a registered limited liability partnership.
(B) The application or renewal application must be executed by a majority in interest of the partners or by one or more partners authorized to execute an application or renewal application.
(C) The application or renewal application must be accompanied by a fee of one hundred dollars.
(D) The Secretary of State Department of Commerce shall register as a registered limited liability partnership and shall renew the registration of any registered limited liability partnership, any partnership that submits a completed application or renewal application with the required fee.
(E) Registration is effective for one year after the date an application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if during the sixty-day period preceding the date the application or renewal application otherwise would have expired the partnership files with the Secretary of State Department of Commerce a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred.
(F) The status of a partnership as a registered limited liability partnership may not be affected by changes after the filing of an application or a renewal application in the information stated in the application or renewal application.
(G) The Secretary of State Department of Commerce may provide forms for application or for renewal of registration."
SECTION 316. Section 33-41-1160 of the 1976 Code, as last amended by Act 60 of 1995, is further amended to read:
"Section 33-41-1160. (A) A foreign limited liability partnership may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign limited liability partnership that satisfies the requirements of Section 33-41-1120;
(2) the name of the state or country under which it is organized;
(3) its date of organization;
(4) the street address of its proposed registered office in this State and the name of its proposed registered agent at that office; and
(5) a statement that the foreign limited liability partnership has liability insurance of the amount and type described in Section 33-41-1130(A)(1) or segregated funds as described in Section 33-41-1130(C) in an amount equal to or greater than the amount specified in Section 33-41-1130(A)(1).
(B) The foreign limited liability partnership shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State Department of Commerce or other official having custody of limited liability partnership records in the state or country under which law it is organized.
(C) If the foreign limited liability partnership renders 'professional services' as defined in Section 33-19-103(7), the application required by subsection (A) must also contain a statement that:
(1) all of its partners are licensed in one or more states to render the professional services which the foreign limited liability partnership practices and that one or more of its partners is licensed in South Carolina to render such professional services; and
(2) the foreign limited liability partnership is in compliance with the requirements of Section 33-41-1130(A)(2); provided, however, that to the extent any such requirements are determined by reference to the number of licensed partners or individuals, such determination shall be made on the basis of the number of partners or individuals who render professional services in South Carolina.
(D) The Secretary of State Department of Commerce shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an annual or renewal application for a certificate to transact business in this State.
(E) By applying for a certificate of authority to transact business in this State, the foreign limited liability partnership agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the South Carolina courts to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering is not an admission of tax liability."
SECTION 317. Section 33-41-1170 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1170. (A) If the Secretary of State Department of Commerce finds that an application for a certificate of authority to transact business in this State conforms to the provisions of this article and all requisite fees have been paid, the Secretary shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of its acceptance for filing;
(2) retain the signed original in the Secretary of State's Department of Commerce's files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
(B) If the Secretary of State Department of Commerce is unable to make the determination required for filing by subsection (A) at the time any documents are delivered for filing, the documents are considered to have been filed at the time of delivery if the Secretary of State Department of Commerce subsequently determines that:
(1) the documents as delivered conform to the filing provisions of this chapter; or
(2) within twenty days after notification of nonconformance is given by the Secretary of State Department of Commerce to the person who delivered the documents for filing for the person's representative, the documents are brought into conformance.
(C) If the filing and determination requirements of this chapter are not satisfied within the time prescribed in subsection (B)(2), the documents shall not be filed.
(D) A certificate of authority to transact business in this State is effective for one year after the date the application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if, during the sixty-day period preceding the date the application or renewal application otherwise would have expired, the partnership files with the Secretary of State Department of Commerce a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred."
SECTION 318. Section 33-41-1180 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1180. (A) The application for a foreign limited liability partnership's certificate of authority to transact business in this State is amended by filing articles of amendment with the Secretary of State Department of Commerce signed by a person with authority to do so under the laws of the State or other jurisdiction of its formation. The articles of amendment shall set forth:
(1) the name of the foreign limited liability partnership;
(2) the date the original application for registration was filed; and
(3) the amendment to the application for registration.
(B) The application for a certificate to transact business in this State may be amended in any way, provided that the application, as amended, contains only provisions that may be lawfully contained in an application for a certificate to transact business in this State at the time of the amendment.
(C) A foreign limited liability partnership authorized to transact business in South Carolina must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its limited liability partnership name;
(2) the street address of its registered office in this State or the name of its registered agent at that office; or
(3) the state or country of its organization.
An amended certificate of authorization must also be obtained if there is a false or erroneous statement in the original filed application for a certificate of authority.
(D) The Secretary of State Department of Commerce shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an amendment to a certificate to transact business in this State."
SECTION 319. Section 33-41-1190 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1190. (A) A foreign limited liability partnership authorized to transact business in this State may cancel its registration upon procuring from the Secretary of State Department of Commerce a certificate of cancellation. In order to procure such certificate, the foreign limited liability partnership shall deliver to the Secretary of State Department of Commerce an application for cancellation, which shall set forth:
(1) the name of the foreign limited liability partnership and the state or other jurisdiction under the laws of which it is formed;
(2) that the foreign limited liability partnership is not transacting business in this State;
(3) that the foreign limited liability partnership surrenders its certificate of authority to transact business in this State;
(4) that the foreign limited liability partnership revokes the authority of its registered agent for service of process in this State and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in this State may thereafter be made on such foreign limited liability partnership by service thereof upon the Secretary of State Department of Commerce; and
(5) an address to which a person may mail a copy of any process against the foreign limited liability partnership.
(B) The application for cancellation shall be in the form and manner designated by the Secretary of State Department of Commerce and shall be executed on behalf of the foreign limited liability partnership by a person with authority to do so under the laws of the State or other jurisdiction of its formation, or if the foreign limited liability partnership is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(C) A cancellation does not terminate the authority of the Secretary of State Department of Commerce to accept service of process on the foreign limited liability partnership with respect to causes of action arising out of the transaction of business in this State."
SECTION 320. Section 33-41-1200 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1200. (A) A foreign limited liability partnership transacting business in this State may not maintain an action, suit, or proceeding in a court of this State until the Secretary of State Department of Commerce has issued it a certificate of authority to transact business in this State.
(B) The failure of a foreign limited liability partnership to register in this State does not:
(1) impair the validity of any contract or act of the foreign limited liability partnership;
(2) affect the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(3) prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this State.
(C) A foreign limited liability partnership, by transacting business in this State without registration, appoints the Secretary of State Department of Commerce as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State.
(D) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be liable to the State for the years or parts thereof during which it transacted business in this State without a certificate of authority in an amount equal to all fees which would have been imposed by this chapter upon that foreign limited liability partnership had it duly registered, and all penalties imposed by this chapter. The Attorney General may bring proceedings to recover all amounts due this State under the provisions of this section.
(E) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be subject to a civil penalty, payable to the State of ten dollars per day, not to exceed one thousand dollars per year.
(F) The civil penalty set forth in subsection (E) may be recovered in an action brought within a court by the Attorney General. Upon a finding by the court that a foreign limited liability partnership has transacted business in this State in violation of this chapter, the court shall issue, in addition to the imposition of a civil penalty, an injunction restraining further transactions of the business of the foreign limited liability partnership and the further exercise of any limited liability partnership's rights and privileges in this State. The foreign limited liability partnership shall be enjoined from transacting business in this State until all civil penalties plus any interest and court costs which the court may assess have been paid and until the foreign limited liability partnership has otherwise complied with the provisions of this article.
(G) A partner of a foreign limited liability partnership is not liable for the debts and obligations of the limited liability partnership solely because the limited liability partnership transacted business in this State without registration."
SECTION 321. Section 33-41-1210 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1210. (A) A foreign limited liability partnership may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(B) The following activities, among others, do not constitute transacting business within the meaning of subsection (A):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the partners or carrying on other activities concerning internal affairs;
(3) maintaining bank accounts;
(4) selling through independent contractors;
(5) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(6) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(7) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(8) owning, without more, real or personal property;
(9) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of like nature; and
(10) transacting business in interstate commerce.
(C) A foreign limited liability partnership which renders a professional service is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for the conduct of business or professional practice.
(D) The list of activities in subsection (B) is not exhaustive."
SECTION 322. Section 33-42-20(1) of the 1976 Code is amended to read:
"(1) 'Certificate of limited partnership' means the certificate referred to in Section 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State Department of Commerce in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated."
SECTION 323. Section 33-42-40(b) of the 1976 Code is amended to read:
"(b) The reservation shall be made by filing with the Secretary of State Department of Commerce an application, executed by the applicant, to reserve a specified name. If the Secretary of State Department of Commerce finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of one hundred twenty days. Once having so reserved a name, the same applicant may not again reserve the same name until more than sixty days after the expiration of the last one hundred twenty day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of transfer, executed by the applicant for whom the name was received and specifying the name and address of the transferee."
SECTION 324. Section 33-42-45 of the 1976 Code is amended to read:
"Section 33-42-45. (a) This section rather than Sections 39-13-10 through 39-13-40 of the 1976 Code governs the registration of assumed names of limited partnerships formed or transacting business in South Carolina.
(b) A limited partnership that conducts or intends to conduct business in this State under a name other than the name shown in its certificate of limited partnership (or in the case of a foreign limited partnership that has registered in this State, the name shown in its certificate of registration to transact business in this State) shall file with the Secretary of State Department of Commerce an assumed name certificate which shall state the name shown on its certificate of limited partnership (or certificate of registration in the case of a foreign limited partnership), the name under which the limited partnership's business is to be conducted, which assumed name shall not be deceptively similar to the name of any domestic or foreign limited partnership authorized to transact business in this State, or to any reserved name pursuant to Section 33-42-40 and the address of the partnership's registered office required to be maintained in this State.
(c) Such filing shall be effective, unless sooner terminated by the filing of a certificate of termination or by the cancellation of the certificate of limited partnership (or in the case of foreign limited partnership by cancellation of the certificate of registration to transact business in this State), for a period expiring on December thirty-first of the fifth full calendar year following the year in which it is filed. It may be extended for additional consecutive periods of five full calendar years each by the filing of a new assumed name certificate not earlier than ninety days preceding the expiration of any such period. The Secretary of State Department of Commerce shall notify a limited partnership of the impending expiration of its assumed name, by first-class mail addressed to the partnership's registered office as shown on the partnership's certificate of limited partnership (or certificate of registration in the case of a foreign limited partnership that has registered in this State), no later than three calendar months before the initial or subsequent five-year period will expire.
(d) The Secretary of State Department of Commerce shall maintain current lists, alphabetically arranged, of the partnership registrants and assumed names permitted hereunder.
(e) The failure of any limited partnership to file the assumed name certificate required by subsection (b) does not:
(i) impair the validity of any contract or act of the limited partnership;
(ii) prevent the limited partnership from maintaining or defending any action, suit, or proceeding in any court of this State; or
(iii) result in any limited partner becoming liable as a general partner solely by reason of the failure of the limited partnership to file the required assumed name certificate."
SECTION 325. Section 33-42-210 of the 1976 Code is amended to read:
"Section 33-42-210. (a) In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the Secretary of State Department of Commerce. The certificate shall set forth:
(1) the name of the limited partnership;
(2) the address of the office and the name and address of the agent for service of process required to be maintained by Section 33-42-50;
(3) the name and a mailing address of each general partner;
(4) The latest date upon which the limited partnership is to dissolve; and
(5) any other matters the partners determine to include therein.
(b) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the Secretary of State Department of Commerce or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section."
SECTION 326. Section 33-42-220 of the 1976 Code is amended to read:
"Section 33-42-220. (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State Department of Commerce. The certificate shall set forth:
(1) the name of the limited partnership;
(2) the date of filing the certificate; and
(3) the amendment to the certificate.
(b) Within thirty days after the happening of any of the following events, an amendment to a certificate of limited partnership reflecting the occurrence of the event or events shall be filed:
(1) the admission of a new general partner;
(2) the withdrawal of a general partner; or
(3) the continuation of the business under Section 33-42-1410 after an event of withdrawal of a general partner.
(c) A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate.
(d) A certificate of limited partnership may be amended at any time for any other proper purpose the general partners determine.
(e) No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection (b) of this section if the amendment is filed within the thirty-day period specified in subsection (b).
(f) A restated certificate of limited partnership may be executed and filed in the same manner as a certificate of amendment.
(g) (1) Each limited partnership formed before June 27, 1984, shall file no later than January 1, 1988, a certificate of amendment pursuant to this chapter causing such limited partnership to comply with the requirements of Section 33-42-30 respecting the name of the limited partnership, Section 33-42-50(1) respecting the office of the limited partnership at which certain records are to be kept, and Section 33-42-50(2) respecting the agent for service of process on the limited partnership. However, a limited partnership formed before June 27, 1984, is required to file the certificate of amendment only to the extent it does not fully comply with Sections 33-42-30 and 33-42-50 on or before January 1, 1988. The certificate of amendment is considered effective under this chapter upon its execution by a general partner of the limited partnership and its filing in the office of the Secretary of State Department of Commerce.
(2) The failure of any limited partnership formed before June 27, 1984, to comply with subsection (g)(1) shall result on January 1, 1988, in, but only to, the extent of the failure:
(i) the designation of the principal place of business of the limited partnership as specified in the limited partnership's certificate of limited partnership on that date as the office of partnership at which certain records are to be kept for purposes of Section 33-42-50(1);
(ii) the designation of the Secretary of State Department of Commerce as the agent for service of process on such limited partnership for purposes of Section 33-42-50(2); and
(iii) the limited partnership being prohibited from filing any other certificate of amendment unless it satisfies the requirements of subsection (g)(1).
(3) The failure of any limited partnership formed before June 27, 1984, to file the certificate of amendment required by subsection (g)(1) does not:
(i) impair the validity of any contract or act of the limited partnership;
(ii) prevent the limited partnership from maintaining or defending any action, suit, or proceeding in any court in this State; or
(iii) result in any limited partner becoming liable as a general partner solely by reason of the failure of the limited partnership to file the required certificate of amendment."
SECTION 327. Section 33-42-230 of the 1976 Code is amended to read:
"Section 33-42-230. A certificate of limited partnership must be canceled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation must be filed in the office of the Secretary of State Department of Commerce and set forth:
(1) the name of the limited partnership;
(2) the date of filing of its certificate of limited partnership;
(3) the reason for filing the certificate of cancellation;
(4) the effective date (which shall be a date certain) of cancellation if it is not to be effective upon the filing of the certificate; and
(5) any other information the general partners filing the certificate determine."
SECTION 328. Section 33-42-240(a) of the 1976 Code is amended to read:
"(a) Each certificate required by this article to be filed in the office of the Secretary of State Department of Commerce must be executed in the following manner:
(1) an original certificate of limited partnership must be signed by all general partners named therein;
(2) a certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new or substitute general partner; and
(3) a certificate of cancellation must be signed by all general partners."
SECTION 329. Section 33-42-250 of the 1976 Code is amended to read:
"Section 33-42-250. If a person required by Section 33-42-240 to execute any certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the circuit court of the county in which the limited partnership's office designated pursuant to Section 33-42-50(1) is located to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person designated has failed or refused to execute the appropriate certificate, it shall order the Secretary of State Department of Commerce to record an appropriate certificate."
SECTION 330. Section 33-42-260 of the 1976 Code is amended to read:
"Section 33-42-260. (a) Two signed copies of the certificate of limited partnership and of any certificates of amendment or cancellation (or of any judicial decree of amendment or cancellation) must be delivered to the Secretary of State Department of Commerce. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the Secretary of State Department of Commerce finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall:
(1) endorse on each duplicate original the word 'Filed' and the day, month, and year of the filing thereof;
(2) file one duplicate original in his office; and
(3) return the other duplicate original to the person who filed it or his representative.
(b) Upon the filing of a certificate of amendment (or judicial decree of amendment) in the office of the Secretary of State Department of Commerce, the certificate of limited partnership shall be amended as set forth therein and, upon the effective date of a certificate of cancellation (or a judicial decree thereof), the certificate of limited partnership is canceled."
SECTION 331. Section 33-42-280 of the 1976 Code is amended to read:
"Section 33-42-280.