Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, St. Paul wrote a second letter to the Corinthians. Hear lofty words from Chapter 4:18:
"The things which are seen are temporal;
But the things which are not seen are eternal."
Let us pray.
Our Heavenly Father, You are the light of all our days. You are the giver of every perfect gift. We are so prone to set our sights on the things that we can see, feel, hear, touch or smell. Such is our humanity, creatures of our physical senses.
You are the fountain of our being!
We are grateful for these moments of prayer and spiritual meditation. We pause for orientation upon the spiritual values that make life GOOD, that give us HOPE in a world of stress and uncertainty.
Help us to make our land a land where people are of more value than the THINGS they make where property is a tool of the person.
Help us to dedicate our science not to destruction but to the building and preservation of a culture where brotherhood, truth and beauty prevail.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2000, and to expire May 19, 2004:
At-Large:
John Franklin Shuler, 250 Keitt Street, Orangeburg, S.C. 29115
Referred to the General Committee.
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1998, and to expire June 30, 2002:
Lay Member:
William F. Sachs, 1412 Kathwood Dr., Columbia, S.C. 29206
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 1999, and to expire June 30, 2003:
Public:
Mackie D. Hayes, 2344 Highway 57 South, Dillion, S.C. 29536 VICE Charles L. Johnson, Sr.
Referred to the Committee on Labor, Commerce and Industry.
Senator J. VERNE SMITH introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.
On motion of Senator BRYAN, at 11:00 A.M., Senator GIESE was granted a leave of absence until 1:00 P.M.
At 11:05 A.M., Senator HUTTO requested a leave of absence from 5:00 - 10:00 P.M.
At 11:05 A.M., Senator LEATHERMAN requested a leave of absence from 7:00 - 11:00 P.M.
At 11:05 A.M., Senator McGILL requested a leave of absence beginning at 4:00 P.M. and lasting until 4:00 P.M. tomorrow.
At 11:05 A.M., Senator RAVENEL requested a leave of absence beginning at 5:00 P.M. for the balance of the day.
At 11:05 A.M., Senator WALDREP requested a leave of absence until 5:00 P.M.
On motion of Senator RUSSELL, at 12:45 P.M., Senator COURSON was granted a leave of absence until 2:30 P.M.
At 6:15 P.M., Senator GIESE requested a leave of absence from 8:00 - 9:00 P.M.
At 8:30 P.M., Senator MESCHER requested a leave of absence for the balance of the day.
On motion of Senator HAYES, at 9:20 P.M., Senator COURSON was granted a leave of absence until 11:00 A.M. Friday, May 12, 2000.
At 9:15 P.M., Senator ELLIOTT requested a leave of absence for the balance of the day.
At 9:20 P.M., Senator McCONNELL requested a leave of absence from 10:00 - 3:00 P.M., Friday, May 12, 2000.
H. 4512 (Word version) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO MODIFY THE LIMITATION ON THE AMOUNT OF PLANT IMPROVEMENT BONDS WHICH MAY BE ISSUED.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 5026 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SALEEBY asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Banking and Insurance.
There was no objection.
The Joint Resolution was recalled, ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1383 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE EFFORTS OF THE LATE DR. JAMES I. CALIFF OF MYRTLE BEACH IN DIRECTING THE ESTABLISHMENT OF THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC. AND ALSO RECOGNIZING DR. CALIFF'S OTHER LONG AND TIRELESS EFFORTS ON BEHALF OF THE SENIOR CITIZENS OF HORRY COUNTY AND OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1384 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DON B. STILL OF BARNWELL COUNTY FOR HIS DISTINGUISHED CAREER IN PUBLIC EDUCATION AND WISHING HIM HAPPINESS AND GOOD HEALTH IN ALL HIS FUTURE ENDEAVORS AS HE RETIRES AS DIRECTOR OF THE BARNWELL COUNTY VOCATIONAL CENTER.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1385 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS ALONG THE NORTHBOUND AND SOUTHBOUND LANES OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY CONTAINING THE WORDS "JUANITA M. WHITE CROSSWALK" AT THE POINT WHERE THE HIGHWAY PASSES UNDER THE CROSSWALK.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5054 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING MORRIS CHAPEL BAPTIST CHURCH OF GREENWOOD COUNTY ON THE JOYFUL OCCASION OF ITS ONE HUNDRED THIRTY-FIFTH ANNIVERSARY, AND WISHING THE PASTOR AND CHURCH MEMBERS A BRIGHT FUTURE AND MANY MORE YEARS OF SUCCESS, HAPPINESS, AND ACHIEVEMENTS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5055 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLINTON HIGH SCHOOL RED DEVILS MEN'S TENNIS TEAM AND HEAD COACH, CLOVIS SIMMONS, ON CAPTURING THE 2000 CLASS AAA STATE TENNIS CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5059 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE REVEREND DR. WILLIE S. HARRISON, PASTOR OF THE MACEDONIA BAPTIST CHURCH IN GREENWOOD, FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THE MACEDONIA BAPTIST CHURCH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5060 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOE BULLINGTON, PRINCIPAL OF CHESNEE HIGH SCHOOL IN SPARTANBURG COUNTY, FOR HIS DEDICATED, OUTSTANDING SERVICE TO PUBLIC EDUCATION AND TO SPARTANBURG SCHOOL DISTRICT 2, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5061 (Word version) -- Reps. Walker, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. TOM WHITE, PRINCIPAL OF BOILING SPRINGS HIGH SCHOOL IN SPARTANBURG COUNTY, FOR HIS LEADERSHIP IN PUBLIC EDUCATION AND FAITHFUL SERVICE TO SPARTANBURG SCHOOL DISTRICT 2, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS NEW POSITION FOLLOWING HIS RETIREMENT AS PRINCIPAL AT BOILING SPRINGS HIGH.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1375 (Word version) -- Senators Bauer, J. Verne Smith and O'Dell: A CONCURRENT RESOLUTION HONORING DANIELLE DAVIS OF GREER, THE REIGNING "MISS SOUTH CAROLINA", AND RECOGNIZING HER CONTRIBUTION TO THE STATE AS A GOODWILL AMBASSADOR AND ROLE MODEL AND TO REQUEST THAT TWO SIGNS BE PLACED AT THE CITY LIMITS OF GREER HONORING MISS DAVIS.
Returned with concurrence.
Received as information.
S. 1376 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING THE FIFTIETH ANNIVERSARY OF LORIS COMMUNITY HOSPITAL OF HORRY COUNTY, COMMENDING THE HOSPITAL FOR ITS OUTSTANDING, DEDICATED SERVICE TO THE COMMUNITY FOR FIVE DECADES, AND RECOGNIZING AND SALUTING THE CONTRIBUTIONS OF THE SEVEN ORIGINAL PRINCIPALS RESPONSIBLE FOR THE ORIGINATION OF THE HOSPITAL.
Returned with concurrence.
Received as information.
S. 1378 (Word version) -- Senators Mescher and Grooms: A CONCURRENT RESOLUTION CONGRATULATING MONCKS CORNER NATIVE BILL BONDS ON HIS SELECTION AS NATIONAL FOOTBALL COACH OF THE YEAR AND RECOGNIZING HIS UNFAILING DEVOTION TO HIS SCHOOL, STUDENTS, AND FAMILY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4974 (Word version) -- Reps. Keegan and Miller: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4994 (Word version) -- Reps. Young-Brickell, Chellis and Bailey: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
By prior motion of Senator BRANTON
H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators DRUMMOND, HOLLAND, SALEEBY, J. VERNE SMITH, LAND, SETZLER, LEATHERMAN, LEVENTIS, MOORE, COURSON and THOMAS proposed the following amendment (JUD3811.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-250, SO AS TO PROVIDE THAT ANY ACTION BY A LEGISLATIVE DELEGATION OR A SINGLE BRANCHPP DELEGATION, CONCERNING STATEWIDE, REGIONAL, COUNTY, AND LOCAL GOVERNMENT MATTERS, WHICH IS NOT PROVIDED FOR IN THE STATE CONSTITUTION AND WHICH BY STATUTE OR RESOLUTION REQUIRES A VOTE OR DECISION, MUST UTILIZE WEIGHTED VOTING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-250. (A) For purposes of this section:
(1) 'delegation area' means the geographic area over which a legislative delegation or single branch delegation exercises authority. 'Delegation area' includes, but is not limited to, a county, a multi-county area, a judicial circuit, a United States Congressional district, or a statewide area;
(2) 'legislative delegation' means every member of the Senate and the House of Representatives whose district includes any portion of the delegation area;
(3) 'population' means the total number of people for a given geographic area as enumerated in the latest official United States Decennial Census used to establish the districts for the Senate and the House of Representatives;
(4) 'single branch delegation' means every member of a distinct branch of the General Assembly, as defined in Article III, Section 1 of the Constitution of South Carolina, as either the Senate or the House of Representatives, whose district includes any portion of the delegation area.
(B) Any action by any legislative delegation or single branch delegation which:
(1) is not provided for in the Constitution of South Carolina;
(2) is not related to the advice and consent authority of the respective body of each branch of the General Assembly; and
(3) by statute or resolution requires a vote or decision;
must utilize the weighted voting formula in subsection (C).
(C) The following calculations must be used to determine the weight of each vote of a delegation member:
(1) the number of residents in the delegation area which are represented by a member of the Senate must be divided by twice the total population of the delegation area;
(2) the number of residents in the delegation area represented by a member of the House of Representatives must be divided by twice the total population of the delegation area;
(3) the calculations in items (1) and (2) must be made to the fourth decimal place;
(4) to determine the weight of the vote for each member of the Senate and the House of Representatives, when voting as a legislative delegation, each calculation to the fourth decimal place in items (1) and (2) must be multiplied by one hundred;
(5) to determine the weight of the vote for each member of the Senate or the House of Representatives, when voting as a single branch delegation, each calculation to the fourth decimal place in either item (1) or (2) must be multiplied by two hundred;
(6) the numbers resulting from the calculations required by this subsection must not be rounded up or down."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THVOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 5027 (Word version) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE ROAD (S-103) IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator WILSON proposed the following amendment (5027R001.AGW), which was adopted:
Amend the joint resolution, as and if amended, page 1, by striking SECTION 1, and inserting in lieu thereof the following:
/SECTION 1. The Department of Transportation must erect appropriate signs along Pine Ridge Road (S-103) in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4775, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators DRUMMOND and J. VERNE SMITH proposed the following amendment (9604HTC00.DOC), which was adopted (#35):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, beginning on page 581, by striking SECTION 3 and inserting:
TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY OVER TWO YEARS THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA AND AUTHORIZE ADDITIONAL MANDATORY ADJUSTMENTS IN HALF PERCENT INCREMENTS NOT TO EXCEED THREE PERCENT, ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO CREDITABLE SERVICE AND SERVICE PURCHASE UNDER THE STATE CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW FOR A LIMITED PERIOD SERVICE AS A COMMISSIONED OFFICER IN THE UNITED STATES PUBLIC HEALTH SERVICE TO BE ESTABLISHED AS MILITARY SERVICE TIME IS SO ESTABLISHED, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.
Amend title to conform.
A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:
Teacher and Employee Retention Incentive Program
Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program."
2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board system setting forth at what time, not no more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he the member desires to be retired, if such the member at the time so specified for his the member's service retirement has: shall have attained the age of sixty years or shall have thirty or more years of creditable service and shall have separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such period of notification, he may have separated from service.
(1) five or more years of earned service;
(2) attained the age of sixty years or has twenty-eight or more years of creditable service; and
(3) separated from service."
3. Section 9-1-1515 of the 1976 Code, as amended by Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) who has attained the age of fifty-five years; and who
(3) has at least twenty-five years of creditable service; and
(4) has separated from service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty twenty-eight. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty twenty-eight years' creditable service had he not retired, whichever is earlier.
(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty twenty-eight years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
4. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section.
(C) Any teacher or employee as defined in Section 9-1-10(3) and (4) who was a nonmember of the South Carolina Retirement System and who had attained age seventy-two prior to July 1, 1964, and who at the time of separation from service had rendered twenty or more years of employment which would otherwise have been considered creditable service under the terms of the South Carolina Retirement Act may establish such service and qualify for a retirement allowance from the Retirement System provided he does so on or before December 31, 1965.
(1) The employee and employer contributions which would have been made had such service been rendered as a member shall be paid at the then prevailing rates paid by other employees and employers of the South Carolina Retirement System.
(2) The retirement allowance provided by this section shall become effective as of the first day of the month in which such service is established."
5. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1)(A) The person nominated by a member to receive the full amount of his the member's accumulated contributions
in the event of his death if the member dies before retirement may, if such the member:
(1) has five or more years of earned service;
(2) dies while in service; and
(3) has either attained the age after the attainment of age sixty-five sixty years or after the accumulation of has accumulated fifteen years or more of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his the member's death and had named the person as beneficiary under an election of Option 2 of Section 9-1-1620. For purposes of the benefit calculation, a member under age sixty with less than thirty twenty-eight years' credit is assumed to be sixty years of age.
(2)(B) Any A person otherwise eligible under subsection (1) (A) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (1) (A). The monthly payments under Option 2 to the person date from the time of the repayment of the accumulated contributions to the system."
6. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death life insurance, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-eight, and three thousand dollars if the retired member had at least thirty twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
7. Section 9-1-1810 of the 1976 Code is amended to read:
"Section 9-1-1810. As of the end of each calendar year commencing with the year ending December 31, 1969, the increase in the ratio of the Consumer Price Index to the index as of December 31, 1968, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance as of December 31, 1968, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances shall commence commences the July first immediately following the December thirty-first that the increase in ratio was determined. Beginning with the calendar year ending December 31, 1981, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances after the first five increases shall become is effective only if the additional liabilities, on account because of the increase in allowances, do not require an increase in the total employer rate of contribution, except that an increase of up to and including one-half percent must be paid after December 31, 2000, and an increase of up to and including an additional one-half percent must be paid after December 31, 2001. After December 31, 2002, the board is authorized to declare further guaranteed cost of living allowance increases of up to and including an additional two percent, in increments of one-half percent, upon certification from the system actuary that the system's unfunded actuarial liability amortization period does not exceed the acceptable limit as defined by the Governmental Accounting Standards Board as a result of the increase in allowances. Any increase in allowance granted hereunder pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
8. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not
more than two years 54 percent for each year
(c) over two years but not
more than three years 50 percent for each year
(d) over three years, but not
more than four years 46 percent for each year
(e) over four years 42 percent for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A) the A member, if he who has at least twenty-five years of creditable service, may elect to receive up to five three years of additional service credit as though the additional service credit were rendered by him the member as an employee or member upon paying into his the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must retire terminate employment within ninety days subsequent to after electing the option provided by subsection (B) this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty twenty-eight years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
9. Section 9-11-310 of the 1976 Code is amended to read:
"Section 9-11-310. As of the end of each calendar year commencing with the year ending December 31, 1974, the increase in the ratio of the Consumer Price Index to such the index as of December 31, 1973, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, exclusive of any part thereof derived from accumulated additional contributions, of each beneficiary in receipt of an allowance as of December 31, 1973, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances must commence commences the July first immediately following the December thirty-first that the increase in ratio was determined.
Beginning with the calendar year ending December 31, 1981, all All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances after the first five such increases shall become is effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution, except that an increase of up to and including one-half percent must be paid after December 31, 2000, and an additional increase of up to and including one-half percent must be paid after December 31, 2001. After December 31, 2002, the board is authorized to declare further guaranteed cost of living allowance increases of up to and including an additional two percent, in increments of one-half percent, upon certification from the system actuary that the system's unfunded actuarial liability amortization period does not exceed the acceptable limit as defined by the Governmental Accounting Standards Board as a result of the increase in allowances. Any increase in allowance granted hereunder pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, must, when and if payable, must be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items-United States city average), for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."
10. Notwithstanding the general effective date of this section, this subsection takes effect January 1, 2001.
B.1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
3. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
4. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
7. Notwithstanding the general effective date of this section, this subsection takes effect July 1, 2000.
C. All local school district classroom teachers must provide, to their employer, notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement.
D. Persons who have served on active duty as commissioned officers in the United States Public Health Service may establish their period of service as creditable service in the South Carolina Retirement System in the same manner that military service is established as creditable service pursuant to Section 9-1-1140 of the 1976 Code, but this service must be established and purchased before January 1, 2001.
E. Except as otherwise noted, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
The question was the adoption of Section 3 pursuant to Rule 24B.
Section 3 was adopted.
The question was the adoption of Section 4 pursuant to Rule 24B.
Section 4 was adopted.
The question was the adoption of Section 6 pursuant to Rule 24B.
Section 6 was adopted.
The question was the adoption of Section 8 pursuant to Rule 24B.
Section 8 was adopted.
The question was the adoption of Section 9 pursuant to Rule 24B.
Section 9 was adopted.
The question was the adoption of Section 10 pursuant to Rule 24B.
Section 10 was adopted.
Senator SETZLER proposed the following Amendment No. 240 (4775EMS18.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part II, Section 11, page 601, line 6, by inserting:
TO AMEND SECTION 9-1-1795 OF THE 1976 CODE, RELATING TO AN EXCEPTION TO THE LIMITATION OF CERTAIN EARNINGS OF A RETIRED CERTIFIED TEACHER IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS, SO AS TO CHANGE FROM JULY 15 TO MAY 31 OF EACH YEAR THE TIME BEFORE WHICH A MEMBER OF THE SYSTEM MAY NOT BE CONSIDERED FOR EMPLOYMENT BY A SCHOOL DISTRICT.
A. Section 9-1-1795(B) of the 1976 Code, as added by Section 82, Part II, Act 100 of 1999 is amended to read:
"(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired nonretired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 May 31 of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."
B. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
The question was the adoption of Section 11 pursuant to Rule 24B.
Section 11 was adopted.
The question was the adoption of Section 12 pursuant to Rule 24B.
Section 12 was adopted.
The question was the adoption of Section 13 pursuant to Rule 24B.
Section 13 was adopted but the section was subsequently deleted, on motion of Senator SETZLER, with unanimous consent.
The question was the adoption of Section 15 pursuant to Rule 24B.
Section 15 was adopted.
The question was the adoption of Section 18 pursuant to Rule 24B.
Senator PASSAILAIGUE explained Section 18.
Section 18 was adopted.
Senator RICHARDSON rose for an Expression of Personal Interest.
The question was the adoption of Section 20 pursuant to Rule 24B.
Section 20 was adopted.
The question was the adoption of Section 25 pursuant to Rule 24B.
Section 25 was adopted.
The question was the adoption of Section 26 pursuant to Rule 24B.
Section 26 was adopted.
The question was the adoption of Section 27 pursuant to Rule 24B.
Section 27 was adopted.
Senator MESCHER proposed the following Amendment No. 71A (4775R048.WCM), which was adopted (#37):
Amend the bill as and if amended, Part II, Permanent Provisions, page 624, beginning on line 33, by inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-47-120 SO AS TO REQUIRE TEACHING OR CLINICAL STAFF EMPLOYED BY THE SCHOOL FOR THE DEAF AND BLIND WHO ATTEND ADVANCED TRAINING PAID FOR BY THE SCHOOL TO REIMBURSE THE SCHOOL FOR EXPENSES INCURRED FOR THE TRAINING IF THE EMPLOYEE BREACHES A CONTRACT TO REMAIN IN THE EMPLOYMENT OF THE SCHOOL FOR A MINIMUM OF ONE YEAR BEYOND COMPLETION OF THE PROGRAM.
The 1976 Code is amended, by adding:
"Section 59-47-120. (A) Teaching or clinical staff employed by the school who attend advanced training paid for by the school may be required to enter a contract with the school to remain in the employment of the school for a minimum of one year beyond completion of the training. If an employee breaches this contract, the employee shall reimburse the school for all expenses incurred by the school in providing this training for the employee.
(B) For purposes of this section, 'advanced training' means an educational course or program as defined by the school in regulation."/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
The question was the adoption of Section 28 pursuant to Rule 24B.
Section 28 was adopted.
The question was the adoption of Section 31 pursuant to Rule 24B.
Section 31 was adopted.
Senator HAYES proposed the following Amendment No. 162 (9625HTC00.DOC), which was adopted (#38):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by Section 32, page 626, Section 9-9-50(4) as contained in subsection A, by inserting before the period on line 33 /except that the cost of nonqualified service is sixty-eight percent instead of thirty-five percent /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
The question was the adoption of Section 32 pursuant to Rule 24B.
Section 32 was adopted.
At 11:50 A.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed twenty minutes.
At 12:20 P.M., the Senate resumed.
The question was the adoption of Section 33 pursuant to Rule 24B.
Section 33 was adopted.
The question was the adoption of Section 36 pursuant to Rule 24B.
Section 36 was adopted.
The question was the adoption of Section 40 pursuant to Rule 24B.
Section 40 was adopted.
The question was the adoption of Section 42 pursuant to Rule 24B.
Section 42 was adopted.
The question was the adoption of Section 43 pursuant to Rule 24B.
Section 43 was adopted.
The question was the adoption of Section 44 pursuant to Rule 24B.
Section 44 was adopted.
The question was the adoption of Section 45 pursuant to Rule 24B.
Section 45 was adopted.
The question was the adoption of Section 46 pursuant to Rule 24B.
Senator SETZLER explained Section 46.
Section 46 was adopted.
The question was the adoption of Section 47 pursuant to Rule 24B.
Section 47 was adopted.
Senator MOORE proposed the following Amendment No. 86 (4775M002.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part II, SECTION 48, by striking subsection / B. / and inserting in lieu thereof the following:
/ B. Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-78. Notwithstanding any other provision of law, an entity that operates a health care facility as defined in Section 44-7-130(10) may develop and operate facilities, programs, and services in any location where such facilities, programs, or services support the entity or provide services to residents in the area, provided all other statutory and regulatory requirements are met, including the State Certification of Need and Health Facility Licensure Act, Article 3, Chapter 7, Title 44 and related regulations promulgated by the department."
C. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The question was the adoption of Section 48 pursuant to Rule 24B.
Section 48, as amended, was adopted.
The question was the adoption of Section 50 pursuant to Rule 24B.
Section 50 was adopted.
The question was the adoption of Section 51 pursuant to Rule 24B.
Section 51 was adopted.
The question was the adoption of Section 52 pursuant to Rule 24B.
Section 52 was adopted.
Senators MARTIN and BRYAN proposed the following Amendment No. 23 (3908MM00.DOC), which was ruled out of order:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, beginning on page 659, by striking SECTION 53 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MARTIN explained the amendment.
Senator LAND spoke on the amendment.
Senator HAYES raised a Point of Order under Rule 24 that Section 53 was out of order inasmuch as it was not germane to the Bill.
Senators LAND and MARTIN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Section 53 was ruled out of order and was, therefore, deleted from the Bill.
Senator HOLLAND spoke on the section.
On motion of Senator SETZLER, with unanimous consent, Part II, Section 13, which had been previously adopted under the provisions of Rule 24B, was deleted from the Bill.
Senator BRYAN proposed the following Amendment No. 128 (4775R128.JEB), which was tabled:
Amend the bill, as and if amended, Part II, by striking SECTION 54 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS moved to lay the amendment on the table.
The amendment was laid on the table.
The question was the adoption of Section 54 pursuant to Rule 24B.
Section 54 was adopted.
Senators GIESE, RYBERG, BRANTON, MESCHER and RICHARDSON proposed the following Amendment No. 92 (9611HTC00.DOC), which was adopted (#40):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, beginning on page 662, by striking SECTION 55 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted. Consequently, Section 55 was deleted from the Bill.
The question was the adoption of Section 56 pursuant to Rule 24B.
Section 56 was adopted.
The question was the adoption of Section 57 pursuant to Rule 24B.
Section 57 was adopted.
The question was the adoption of Section 58 pursuant to Rule 24B.
Section 58 was adopted.
The question was the adoption of Section 59 pursuant to Rule 24B.
Section 59 was adopted.
The question was the adoption of Section 60 pursuant to Rule 24B.
Section 60 was adopted.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 59 was taken up for immediate consideration.
Senator LEVENTIS proposed the following Amendment No. 59 (BFD026.DOC):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, by adding Section 61:
TO AMEND SECTION 1-30-110, RELATING TO THE ENTITIES INCORPORATED INTO AND ADMINISTERED AS PART OF THE OFFICE OF THE GOVERNOR, SO AS TO ADD THE EMERGENCY PREPAREDNESS DIVISION; TO AMEND SECTION 25-1-420, RELATING TO THE EMERGENCY PREPAREDNESS DIVISION OF THE OFFICE OF ADJUTANT GENERAL, SO AS TO TRANSFER THIS DIVISION FROM THE ADJUTANT GENERAL'S OFFICE TO THE GOVERNOR'S OFFICE; TO AMEND SECTION 49-23-60, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATEWIDE DROUGHT RESPONSE COMMITTEE, SO AS TO MAKE A CONFORMING CHANGE; AND TO PROVIDE FOR THE TRANSITION OF EMPLOYEES AND PROPERTY ON JULY 1, 2000.
A. Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-110. Effective July 1, 1993, The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.; and
(8) Emergency Preparedness Division, provided for in Chapter 1 of Title 25."
B. Section 25-1-420 of the 1976 Code is amended to read:
"Section 25-1-420. There is established within the office of the Adjutant General Governor the South Carolina Emergency Preparedness Division (division).
The division shall be administered by a director appointed by the Adjutant General, Governor, to serve at his pleasure pursuant to Section 1-3-240(B), and such additional staff as may be employed or appointed by the Adjutant General Governor.
The division shall be is responsible for the implementation of the following:
(a) coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan;
(b) conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan;
(c) establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force;
(d) establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information."
C. Section 49-23-60(a)(1) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"(1) A statewide committee composed of the following state agencies: South Carolina Emergency Preparedness Division of the office of the Adjutant General Governor, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources."
D. (A) The employees, authorized appropriations, bonded indebtedness, if any, and real and personal property of the Emergency Preparedness Division of the office of the Adjutant General are transferred to and become part of the office of the Governor. The classified or unclassified personnel of this division employed on the effective date of this section, either by contract or by employment at will, shall become employees of the office of the Governor, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and, in consultation with the Adjutant General and the Governor, shall prescribe the manner in which the transfer provided for in this section must be accomplished.
(B) Employees or personnel of the division transferred to the office of the Governor pursuant to the terms of this section shall continue to occupy the same office locations and facilities as they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the Adjutant General's office unless otherwise provided by the General Assembly. The records and files of the Adjutant General's office shall continue to remain the property of this office, except that the transferred employees shall have complete access to these records and files in the performance of their duties as new employees of the office of the Governor.
E. This section takes effect on July 1, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator RAVENEL spoke on the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator RAVENEL retaining the floor.
At 1:40 P.M., with Senator RAVENEL retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed thirty minutes.
The Senate reassembled at 2:27 P.M., and was called to order by the PRESIDENT.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 59 (BFD026.DOC), proposed by Senator LEVENTIS. The amendment was not adopted.
Senator RAVENEL spoke on the amendment.
Senator LEVENTIS spoke on the amendment.
Senator LEVENTIS moved that the amendment be adopted.
At 2:34 P.M., Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator LEVENTIS spoke on the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Martin Mescher Peeler Richardson Russell Ryberg Thomas Wilson
Anderson Bryan Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Short Smith, J. Verne Washington
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Short Smith, J. Verne Washington
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Martin Mescher Peeler Richardson Russell Ryberg Thomas Wilson
Having failed to receive the required vote, Amendment No. 59 was not adopted.
Senator LEATHERMAN proposed the following Amendment No. 65 (9584HTC00.DOC), which was adopted (#41):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, beginning on page 674, by striking SECTION 62 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bauer Drummond Ford Glover Leventis Passailaigue Patterson Richardson Saleeby
Alexander Branton Bryan Courson Elliott Fair Giese Gregory Grooms Hayes Hutto Jackson Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Ravenel Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
The question then was the adoption of Section 62 pursuant to Rule 24B.
Section 62 was adopted.
The question was the adoption of Section 63 pursuant to Rule 24B.
Section 63 was adopted.
The question was the adoption of Section 64 pursuant to Rule 24B.
On motion of Senator LAND, with unanimous consent, 1998 was changed to 2000.
There was no objection.
Section 64 was adopted, as amended, pursuant to Rule 24B.
The question was the adoption of Section 66 pursuant to Rule 24B.
Senator GROOMS raised a Point of Order that the section was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Section 66 was adopted.
Senator DRUMMOND proposed the following Amendment No. 233 (9608HTC00.DOC), which was adopted (#42):
Amend the bill as and if amended, Part II, Section 67 as inserted by the referenced amendment, page 13, by striking subsection E and inserting:
/ E. The first two paragraphs of Section 9-1-1650 of the 1976 Code are amended to read:
"Should If a member cease ceases to be a teacher or employee except by death or retirement, he shall the member must be paid within six months after his the member's demand therefor for payment, but not less than ninety days after ceasing to be a teacher or employee, the sum of his the member's contributions and the accumulated regular interest thereon on the contributions. If such the member has five or more years of creditable earned service and elects, prior to before the time his the member's membership would otherwise terminate, elects to leave his these contributions in the system, he shall the member, unless and until such these contributions are paid to him as provided by this section prior to before the attainment of age sixty, remain remains a member of the system and shall be is entitled to receive a deferred retirement allowance commencing beginning at age sixty computed as a service retirement allowance in accordance with Section 9-1-1550. Provided, that the The employee annuity shall must be the actuarial equivalent at age sixty of the member's contributions with such the interest credits thereon on the contributions, if any, as shall be allowed by the board. Should If a member die dies before retirement, the amount of his the member's accumulated contributions shall must be paid to his the member's estate or to such the person as he shall have the member nominated by written designation, duly acknowledged and filed with the board.
Upon the death of a retired member who has not elected either Option 1 or Option 4 under Section 9-1-1620, a lump sum amount must be paid to the person as he has last nominated by written designation, duly acknowledged and filed with the board; otherwise, it must be paid to his estate. The amount must be equal to the excess, if any, of his total accumulated contributions at the time his retirement allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 2, 3, and 5 of SECTION 9-1-1620, during their lifetimes. Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary. This paragraph does not govern lump sum distributions payable on account of members retiring under former Option 1 of Section 9-1-1620 or on account of members retiring before July 1, 1990 under former Option 4 of Section 9-1-1620." /
Amend further, Part II, Section 67 as inserted by the amendment, beginning on page 26, by striking subsection O and inserting:
/ O. Section 9-11-130(1) of the 1976 Code is amended to read:
"(1) The person nominated by a member, pursuant to Section 9-11-110, to receive a lump sum amount in the event of his death if the member dies before retirement may, if the member: (a) has five or more years of earned service; (b) dies in service; and (c) has either attained age fifty-five or has accumulated dies after the attainment of age fifty-five or after the accumulation of fifteen years of creditable service and death occurs in service, elect to receive in lieu of the lump sum amount otherwise payable under item (a) of subsection (1) of Section 9-11-110(1)(a) an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named the person as beneficiary under an election of Option 1 B under Section 9-11-150(A). For purposes of the benefit calculation, a member under age fifty with less than thirty twenty-five years' credit is assumed to be fifty years of age." /
Amend further, Part II, Section 67 as inserted by the amendment, page 28, by striking subsection T and inserting:
/ T.1. Section 9-1-1620 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-1-1620. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that if he dies within ten years from his retirement date, an amount equal to his accumulated contributions at retirement, less one-one hundred twentieth of the amount for each month for which he has received a retirement allowance payment, must be paid to his legal representatives or to the person he nominates by written designation duly acknowledged and filed with the board;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 4. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this option;
Option 5. A member may elect either Option 2 or 3 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 6. A member may elect Option 2 or 3 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired under the provisions of Option 4 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
The board may approve a five-year pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the maximum retirement allowance payable to the member under law. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. The provisions of subsection (B) apply to these members but changes in forms of payment occurring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Optio3n before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
2. Section 9-11-150 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;
Option 4. A member may elect either Option 1 or 2 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired after the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member s elects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the maximum retirement allowance payable to the member under law. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. the provisions of subsection (B) apply to these members, but changes in forms of payment occurring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Option before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
3. Section 9-11-110(2) of the 1976 Code is amended to read:
"(2) Upon the death of a retired member a lump sum amount must be paid to the person he has last nominated by written designation, duly acknowledged and filed with the Board, otherwise to his estate. The lump sum amount must be equal to the excess, if any, of his total accumulated contributions at the time his allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 1, 2, and 4 of SECTION 9-11-150, during their lifetimes. Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary."
4.a. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1)(A) The person nominated by a member to receive the full amount of his the member's accumulated contributions in the event of his death if the member dies before retirement may, if such the member:
(1) has five or more years of earned service;
(2) dies while in service; and
(3) has either attained the age after the attainment of age sixty-five sixty years or after the accumulation of has accumulated fifteen years or more of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his the member's death and had named the person as beneficiary under an election of Option 2 B of Section 9-1-1620(A). For purposes of the benefit calculation, a member under age sixty with less than thirty twenty-eight years' credit is assumed to be sixty years of age.
(2)(B) Any A person otherwise eligible under subsection (1) (A) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (1) (A). The monthly payments under Option 2 B to the person date from the time of the repayment of the accumulated contributions to the system."
b. The amendment to Section 9-1-1660 of the 1976 Code, contained in subitem a of this item is considered the last and controlling amendment to this section in the 2000 session of the General Assembly.
U. This section takes effect January 1, 2001. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 234 (22652HTC00.DOC), which was adopted (#43):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, beginning on page 680 by striking SECTION 67 and inserting:
TO AMEND SECTIONS 9-1-10, 9-1-470, 9-1-1140, 9-1-1510, AND 9-1-1515, ALL AS AMENDED, 9-1-1540, 9-1-1550 AND 9-1-1770, BOTH AS AMENDED, 9-8-80, 9-9-80, 9-11-20, AS AMENDED, 9-11-160, 9-1-1650, AS AMENDED, 9-1-1660, 9-1-1850, AS AMENDED, AND 9-1-1910, OF THE 1976 CODE, ALL RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE RETIREMENT PAYMENT PROVISIONS UPON THE DEATH OF A RETIRED MEMBER, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT; TO ADD SECTION 9-1-1615 SO AS TO PROVIDE FOR RETIREMENT PAYMENT FOR THE MONTH IN WHICH THE RETIRED MEMBER DIED; TO AMEND SECTIONS 9-11-10, 9-11-40, 9-11-50, 9-11-60, 9-11-70, 9-11-80, ALL AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, ALL RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND TO CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330, ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS SECTION.
Amend title to conform.
A. Section 9-1-10 of the 1976 Code, as last amended by Act 317 of 1998, is further amended to read:
"Section 9-1-10. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Retirement System" or "System" shall mean the South Carolina Retirement System established under SECTION 9-1-20;
(2) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed city, district or county school board;
(3) "Teacher" shall mean any teacher, helping teacher, attendance teacher, librarian, principal, supervisor, superintendent of public schools, superintendent of public instruction, county superintendent of education, person employed in the office of a county superintendent of education, bus driver and any other person employed in the public schools supported by the State, counties and school districts;
(4) "Employee" means:
(a) to the extent he is compensated by the State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an agent or officer of a county, municipality, or school district, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, to the extent he is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization; and
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20.
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
"Employee" does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider those factors provided pursuant to Section 9-1-440;
(5) "Employer" means the State, a county board of education, a district board of trustees, a city board of education, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of the State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in paragraph (4) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services;
(6) "Member" shall mean any teacher or employee included in the membership of the System as provided in Article 5 of this chapter and for the purpose of establishing additional service it shall mean in service;
(7) "Board" shall mean the State Budget and Control Board which shall act under the provisions of this chapter through its division of personnel administration;
(8) "Medical Board" shall mean the board of physicians provided for in SECTION 9-1-220;
(9) "Service" shall mean service as a teacher or employee rendered to and paid for by an employer;
(10) "Prior service" shall mean service rendered as a teacher or employee prior to the date of membership for which credit is allowable under Article 7 of this chapter;
(11) "Membership service" shall mean service as a teacher or employee rendered while a member of the System;
(12) "Creditable service" shall mean prior service plus membership service for which credit is allowable as provided in Article 7 of this chapter;
(13) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the System;
(14) "Regular interest" shall mean interest compounded annually at such rate as shall be determined by the Board in accordance with SECTION 9-1-280;
(15) "Accumulated contribution" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the employee annuity savings fund, together with regular interest thereon, as provided in Article 9 of this chapter;
(16) "Earnable compensation" shall mean the full rate of the compensation that would be payable to a teacher or employee if he worked for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer;
(17) "Average final compensation" with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office;
(18) "Employee annuity" shall mean annual payments for life derived from the accumulated contributions of a member;
(19) "Employer annuity" shall mean annual payments for life derived from money provided by the employer;
(20) "Retirement allowance" shall mean the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu thereof;
(21) "Retirement" shall mean the withdrawal from active service with a retirement allowance granted under the System;
(22) "Employee annuity reserve" shall mean the present value of all payments to be made on account of an employee annuity or benefit in lieu thereof, computed on the basis of such mortality tables as shall be adopted by the Board and regular interest;
(23) "Employer annuity reserve" shall mean the present value of all payments to be made on account of an employer annuity or benefit in lieu thereof, computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest; and
(24) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated contribution' means the sum of all the amounts deducted from the compensation of a member and credited to the members individual account in the employee annuity savings fund, together with regular interest on the account, as provided in Article 9 of this chapter.
(2) 'Active member' means an employee who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(3) 'Actuarial equivalent' means a benefit of equal value when computed upon the basis of mortality tables adopted by the board and regular interest.
(4) 'Average final compensation' with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the system producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months before the expiration of the elected official's term of office.
(5) 'Beneficiary' means a person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the system.
(6) 'Board' means the State Budget and Control Board which shall act under the provisions of this chapter through its Division of Retirement Systems.
(7) 'Creditable service' means a member's earned service, prior service, and purchased service.
(8) 'Earnable compensation' means the full rate of the compensation that would be payable to a member if the member worked the member's full normal working time; when compensation includes maintenance, fees, and other things of value the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(9) 'Earned service' means paid employment as a teacher or employee of an employer participating in the system where the teacher or employee makes regular retirement contributions to the system.
(10) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(11) 'Employee' means:
(a) to the extent compensated by this State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an employee, agent, or officer of a county, municipality, or school district, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, to the extent the employee, agent, or officer is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization;
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20.
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
'Employee' does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider the guidelines of the Social Security Administration regarding student services and other criteria the system uniformly prescribes.
(12) 'Employee annuity' means annual payments for life derived from the accumulated contributions of a member.
(13) 'Employee annuity reserve' means the present value of all payments to be made on account of an employee annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
(15) 'Employer annuity' means annual payments for life derived from money provided by the employer.
(16)'Employer annuity reserve' means the present value of all payments to be made on account of an employer annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(17) 'Medical board' means the board of physicians provided for in Section 9-1-220.
(18) 'Member' means a teacher or employee included in the membership of the system as provided in Article 5 of this chapter.
(19) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve, and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(20) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(21) 'Prior service' means service rendered as a teacher or employee before July 1, 1945, for which credit is allowable under Article 7 of this chapter.
(22) 'Public school' means a school conducted within this State under the authority and supervision of a duly elected or appointed school district board of trustees.
(23) 'Public Service' means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. 'Public service' does not include 'educational service' or 'military service' as defined in this section.
(24) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(25) 'Regular interest' means interest compounded annually at a rate determined by the board in accordance with Section 9-1-280.
(26) 'Retirement' means the withdrawal from active service with a retirement allowance granted under the system.
(27) 'Retirement allowance' means the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu of the annuity.
(28) 'Retirement system' or 'system' means the South Carolina Retirement System established under Section 9-1-20.
(29) 'State' or 'this State' means the State of South Carolina;
(30) 'Teacher' means a classroom teacher employed in the public schools supported by this State as determined by the board."
B. Section 9-1-470 of the 1976 Code, as amended by Act 555 of 1988, is further amended to read:
"Section 9-1-470. Any A county, municipality, or other political subdivision of the State, any an agency or department of them, including a school board, any a service organization as defined in Section 9-1-10(4) 9-1-10(11)(e), and any nonprofit corporation created under the provisions of Chapter 35 of Title 33, for the purpose of supplying water and sewer, may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements and the regulations of the board."
C. Section 9-1-1140 of the 1976 Code, as last amended by Act 439 of 1988, is further amended to read:
"Section 9-1-1140. Subject to the approval of the Board, any member who is on leave of absence on account of military service or for any other purpose which might tend to increase the efficiency of the services of the member to his employer may make monthly contributions to the System on the basis of the earnable compensation of such member at the time such leave of absence was granted. Any person on leave of absence in the armed forces of the United States who would otherwise have qualified for prior service credit is entitled to prior service credit if he returns to the service of teaching or any other employment covered by or coming within the meaning hereof within a period of two years after he has been honorably discharged. Employees under current employment by the State are eligible to establish credit for previous employment with the regional councils of government if the period is not covered by another retirement plan and payment is rendered in accordance with Section 9-1-440.
A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
A member who leaves covered employment to attend undergraduate or graduate school and returns to covered employment within ninety days after the member's last date of enrollment may establish up to two years' retirement credit by paying the actuarial cost as determined by the board. However, the member contribution must not be less than twelve percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year.
Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
Previous service of a member as an employee of a redevelopment commission created by the governing body of a municipality in this State may be established as creditable service upon payment of an amount determined as provided pursuant to Section 9-1-440.
At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Any amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) The board shall promulgate regulations and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter.
(L) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement."
D. The first paragraph of Section 9-1-1540 of the 1976 Code is amended to read:
"Upon the application of a member in service or of his employer, any a member in service on or after July 1, 1970, who has had five or more years of creditable earned service or any a contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
E. The first paragraph of Section 9-1-1650 of the 1976 Code is amended to read:
"Should If a member cease ceases to be a teacher or employee except by death or retirement, he shall the member must be paid within six months after his the member's demand therefor for payment, but not less than ninety days after ceasing to be a teacher or employee, the sum of his the member's contributions and the accumulated regular interest thereon on the contributions. If such the member has five or more years of creditable earned service and elects, prior to before the time his the member's membership would otherwise terminate, elects to leave his these contributions in the system, he shall the member, unless and until such these contributions are paid to him as provided by this section prior to before the attainment of age sixty, remain remains a member of the system and shall be is entitled to receive a deferred retirement allowance commencing beginning at age sixty computed as a service retirement allowance in accordance with Section 9-1-1550. Provided, that the The employee annuity shall must be the actuarial equivalent at age sixty of the member's contributions with such the interest credits thereon on the contributions, if any, as shall be allowed by the board. Should If a member die dies before retirement, the amount of his the member's accumulated contributions shall must be paid to his the member's estate or to such the person as he shall have the member nominated by written designation, duly acknowledged and filed with the board."
F. The first paragraph of Section 9-1-1910 of the 1976 Code is amended to read:
"Any person who has retired or may retire under the provisions of the South Carolina Retirement Act while in service as such teacher or employee, and A member with five or more years of earned service, eligible for service retirement, who has twenty or more years of creditable service shall must be paid from the general fund of the State, a monthly sum in addition to the retirement allowance he may receive under the act, due the member under this chapter sufficient to provide him the member a minimum eighty dollars per a month, plus one dollar per a month for each completed year of creditable service in excess of twenty years. Provided, however, that should such If the teacher or employee elect elects to receive a reduced retirement allowance as provided in the act this chapter, he shall the teacher or employee must be paid under the provisions of this section only such the amount as would be paid under the section had he the teacher or employee not elected such the optional allowance."
G. Section 9-11-10 of the 1976 Code, as last amended by Act 72 of 1999, is further amended to read:
"Section 9-11-10. The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "System" shall mean the South Carolina Police Officers Retirement System.
(2) "State" shall mean the State of South Carolina.
(3) "Board" shall mean the State Budget and Control Board.
(4) "Medical board" shall mean the board provided for in SECTION 9-11-30(2).
(5) "Employer" shall mean (a) the State, (b) any political subdivision, agency or department of the State which employs police officers and which shall have been admitted to the System as provided in SECTION 9-11-40 and (c) any service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of such service organizations shall be provided from moneys paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this Title shall be paid from the funds of the service organization.
(6) "Police officer" means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State;
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(7) "Member" shall mean any police officer included in the membership of the System, as provided in SECTION 9-11-40 and for the purpose of establishing additional service credit it shall mean in service.
(8) "Service" shall mean service as a police officer rendered to any employer.
(9) "Credited service" shall mean service for which credit is allowable as provided in SECTION 9-11-50.
(10) "Supplemental Allowance Program" shall mean the Supplemental Allowance Program established under the System as of July 1, 1966 and as in effect on June 30, 1974.
(11) "Class Two service" shall mean credited service subsequent to June 30, 1974 as a Class Two member, as defined in subsection (7) of SECTION 9-11-40, and credited service prior to July 1, 1974, or date of membership, if later, with respect to which contributions shall have been made by a member, or on his behalf, under the Supplemental Allowance Program or pursuant to subsection (2), (3), (4) or (10) of SECTION 9-11-210.
(12) "Class One service" shall mean credited service which is not Class Two service.
(13) "Compensation" shall mean the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer.
(14) "Average final compensation after July 1, 1986" means the average annual compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(15) "Retirement allowance" shall mean monthly payments for life under the System payable as provided in SECTION 9-11-160.
(16) "Beneficiary" shall mean any person in receipt of a retirement allowance or other benefit as provided by the System.
(17) "Other fund" shall mean (a) the South Carolina Retirement System or (b) the Police Insurance and Annuity Fund of the State of South Carolina.
(18) "Aggregate contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the System, including any amounts transferred from another fund to the System as provided in SECTION 9-11-210(6).
(19) "Regular interest" shall mean interest compounded annually at such rate or rates as shall be determined for a particular purpose by the Board in accordance with SECTION 9-11-30.
(20) "Accumulated contributions" shall mean a member's aggregate contributions, together with regular interest thereon, including regular interest on contributions paid to the System by an employer in lieu of contributions by the member under the Supplemental Allowance Program on account of credited service rendered prior to his date of participation in said Program.
(21) "Aggregate additional contributions" shall mean the sum of all the contributions made by a member pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 and any amounts transferred from another fund which are treated as additional contributions pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 or SECTION 9-11-210(6) as amended as of said date.
(22) "Accumulated additional contributions" shall mean a member's aggregate additional contributions, together with regular interest thereon.
(23) "Actuarial equivalent" shall mean a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the Board, as provided in SECTION 9-11-30.
(24) "Date of establishment" shall mean July 1, 1962.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated additional contributions' means a member's aggregate additional contributions, together with regular interest on the contributions.
(2) 'Accumulated contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter.
(3) 'Active member' means a member who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(4) 'Actuarial equivalent' means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the board, as provided in Section 9-11-30.
(5) 'Aggregate additional contributions' means the sum of all the contributions made by a member pursuant to Section 9-11-210 in effect before July 1, 1974, and any amounts transferred from another fund which are treated as additional contributions pursuant to Section 9-11-210 in effect before July 1, 1974, or Section 9-11-210(6) as amended as of that date.
(6) 'Aggregate contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the system, including any amounts transferred from another fund to the system as provided in Section 9-11-210(6).
(7) 'Average final compensation after July 1, 1986' means the average annual compensation of a member during the twelve consecutive quarters of the member's creditable service on which regular contributions as a member were made to the system producing the highest average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(8) 'Beneficiary' means a person in receipt of a retirement allowance or other benefit provided by the system.
(9) 'Board' means the State Budget and Control Board acting through its Division of Retirement Systems.
(10) 'Class one service' means credited service which is not class two service.
(11) 'Class two service' means credited service after June 30, 1974, as a class two member, as defined in subsection (7) of Section 9-11-40, and credited service before July 1, 1974, or date of membership, if later, with respect to which contributions have been made by a member, or on the member's behalf, under the supplemental allowance program or pursuant to subsection (2), (3), or (10) of Section 9-11-210.
(12) 'Compensation' means the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value, the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(13) 'Credited service' means a member's earned service and purchased service.
(14) 'Date of establishment' means July 1, 1962.
(15) 'Earned service' means the paid employment of a member of the system with an employer participating in the system where the member makes regular retirement contributions to the system.
(16) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(17) 'Employer' means:
(a) the State;
(b) a political subdivision, agency, or department of the State which employs police officers and which has been admitted to the system as provided in Section 9-11-40; and
(c) a service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this chapter are to be paid from the funds of the service organization.
(18) 'Medical board' means the board provided for in Section 9-11-30(2).
(19) 'Member' means a person included in the membership of the system, as provided in this chapter.
(20) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve; and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(21) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(22) 'Other fund' means:
(a) the South Carolina Retirement System; or
(b) the Police Insurance and Annuity Fund of the State of South Carolina.
(23) 'Police officer' means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State; or
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice who, by the terms of his employment, is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(24) 'Public Service' means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. The term 'public service' does not include 'educational service' or 'military service' as defined in this section.
(25) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(26) 'Regular interest' means interest compounded annually at the rate or rates determined for a particular purpose by the board in accordance with Section 9-11-30.
(27) 'Retirement allowance' means monthly payments for life under the system payable as provided in Section 9-11-160.
(28) 'State' means the State of South Carolina.
(29) 'Supplemental allowance program' means the supplemental allowance program established under the system as of July 1, 1966, and as in effect on June 30, 1974.
(30) 'System' means the South Carolina Police Officers Retirement System."
H. Items (a) and (d) of Section 9-11-40(1) of the 1976 Code are amended to read:
"(a) Any A county, municipality, or other political subdivision of the State, and any an agency or department thereof of a political subdivision or any a service organization referred to in item (5) of Section 9-11-10 9-11-10(17)(c) may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements hereof of this section and the rules and regulations of the board. Such The application shall must set forth the requested date of admission, which shall must be the January first, or the April first, or the July first, or the October first next following receipt by the board of such the application, except that in the case of any applications so received prior to before January 1, 1963, the requested date of admission may be July 1, 1962.
(d) Any An employer whose requested date of admission is on or after July 1, 1974, shall agree to make contributions on account of all service prior to before the date of admission rendered by members in its employ who make contributions with respect to such service as provided in Section 9-11-210(4)."
I. Section 9-11-40(4) of the 1976 Code is amended to read:
"(4) All persons who become employed as police officers by the State or other employer after the employer's date of admission to the system under the provisions of this section shall must become members, as a condition of their employment.
Notwithstanding the foregoing provisions of this subsection, no person shall become a member on or after July 1, 1963 unless his employer certifies to the system that his service as a police officer will require requires at least one thousand six hundred hours per a year of active duty and that his the person's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand six hundred hours of active duty as a police officer, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 shall apply."
J. The fifth paragraph of Section 9-11-40(10) of the 1976 Code is amended to read:
"Notwithstanding the foregoing provisions of this subsection, no fireman shall become a member on or after July 1, 1976, unless his the member's employer certifies to the system that his service as a fireman will require requires at least one thousand, six hundred hours per a year of active duty and that his the member's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand, six hundred hours of active duty as a fireman, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 of the 1976 Code shall apply."
K. Section 9-11-50 of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"Section 9-11-50. (1) The credited service of a member shall include all service as a police officer rendered to an employer since he last became a member and in respect of which he made contributions to the System. It shall also include, in the case of a member (a) who became such on or before June 30, 1963, or who became such as of July 1, 1962 pursuant to subsection (1) (b) or (1) (c) of SECTION 9-11-40, and (b) who remained a member continuously thereafter until his death or his retirement under the System and (c) who was, immediately prior to his becoming a member, a participant in another fund, service which was credited to him under such other fund; provided that within two months of the date of his membership he shall have caused the amount of his full contributions made under such other fund in respect of such service to be transferred to the System. In addition, in the case of any other member who becomes a member when first eligible and continues as a member until his death or his retirement, credited service shall also include all service prior to his date of membership for which contributions are made as provided in SECTION 9-11-210(4) or SECTION 9-11-210(10) and SECTION 9-11-220(2).
(2) When membership ceases for any reason other than death or retirement, the service credited to the member shall be cancelled and, should the police officer again become a member, he shall enter the System as a police officer not entitled to credit for previous service, unless he repays his accumulated contributions previously withdrawn as provided in subsection (3) of this section.
(3) Any person employed as a police officer whose membership in the System was contingent on his own election and who elected not to become a member of the System may apply for and be admitted to membership. Anything herein contained to the contrary notwithstanding, the credited service of any such person shall include service rendered to an employer since he was first eligible to become a member; provided that he shall pay to the System, by a single payment prior to his retirement or death, the contributions specified in SECTION 9-11-210(4) with respect to the period of service since he first became eligible for membership. Any such member who makes such payment to establish credit for such service may also receive credit for service prior to his employer's date of participation in the System by making contributions pursuant to SECTION 9-11-210(4) on account of such service. Any former member who withdrew his contributions and has again become a member of the System may have the service credited to him under the System at the time he withdrew his contributions restored to him, provided he pays to the System, by a single payment prior to his retirement or death, the amount of the contributions previously withdrawn, together with the interest which would have been credited thereon had such contributions remained in the System to the date of his payment of such amount to the System.
(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system under this title.
(5) A period of time up to one year for each pregnancy not to exceed a total of three years of service credit may be established for maternity leave if the member pays the full actuarial cost as determined by the board. The payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
(6) (a) A former employee of the United States employed in this State by an employer covered by the system and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment must not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
(b) Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
(7) At retirement, after March 31, 1991, a member shall receive service credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(L) The board shall promulgate regulations, and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter."
L. Subsections (1) and (3) of Section 9-11-60 of the 1976 Code, as last amended by Act 424 of 1988, are further amended to read:
"(1) A member may retire upon written application to the board system setting forth at what time, not no more than ninety days before nor more than six months subsequent to after the execution and filing of the application, he the member desires to be retired, if the member at the time specified for his the member's service retirement has:
(a) five or more years of earned service;
(b) attained the age of fifty-five years; and completed five or more years of credited service and has
(c) separated from service and, if the time specified is subsequent to the date of application, notwithstanding that, during the period of notification, he may have separated from service.
(3) Reserved. Any member who has completed five or more years of credited service but has not attained age fifty-five, upon written application to the governing or administering board of his retirement system, may retire on an early retirement allowance commencing upon his attainment of age fifty-five, as follows:
(a) If the member is less than fifty-five years of age and has at least twenty-five years of creditable service, he may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost is determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater.
(b) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, and any service credit purchased must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase."
M. Section 9-11-70(1) of the 1976 Code is amended to read:
"(1) Any A member in service who has completed five or more years of credited earned service but has not attained age fifty-five may, upon written application to the board, retire on an early retirement allowance commencing upon his attainment of beginning when the member attains age fifty-five."
N. The first paragraph of Section 9-11-80(1) of the 1976 Code is amended to read:
"Upon On the application of a member in service or of his the member's employer, any a member who has five or more completed years of credited earned service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his the member's duties regardless of length of membership may be retired by the retirement board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
O. Section 9-11-130(1) of the 1976 Code is amended to read:
"(1) The person nominated by a member, pursuant to Section 9-11-110, to receive a lump sum amount in the event of his death if the member dies before retirement may, if the member: (a) has five or more years of earned service; (b) dies in service; and (c) has either attained age fifty-five or has accumulated dies after the attainment of age fifty-five or after the accumulation of fifteen years of creditable service and death occurs in service, elect to receive in lieu of the lump sum amount otherwise payable under item (a) of subsection (1) of Section 9-11-110(1)(a) an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named the person as beneficiary under an election of Option 1 under Section 9-11-150. For purposes of the benefit calculation, a member under age fifty with less than thirty years' credit is assumed to be fifty years of age."
P. Section 9-11-210(4) of the 1976 Code, as amended by Act 420 of 1994, is further amended to read:
"(4) A member who has rendered service before his date of membership which is not otherwise credited under the system may elect by written notice filed with the board at any time before retirement to establish credit for the service as Class One service in the case of a Class One member or as Class Two service in the case of a Class Two member. A member who makes this election shall make a special contribution to the system before retirement, determined as follows:
(a) In the case of a Class One member, the amount which would have resulted if the member had contributed twenty-one dollars during each month of the service for which credit is to be established and such contributions were accumulated at regular interest to the date of payment; or
(b) In the case of a Class Two member, six and one-half percent of the member's monthly rate of compensation at the time the contribution is made multiplied by the number of months of service for which credit is to be established. Reserved."
Q. Section 9-11-220(2)(a) of the 1976 Code is amended to read:
"(a) Reserved. If the special contribution is made pursuant to Section 9-11-210(2), the employer contribution shall be equal to such special contribution."
R. Sections 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, and 9-11-330, all of the 1976 Code, are repealed.
S. This section takes effect January 1, 2001. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 274 (BBM/9640HTC00.DOC), which was adopted (#44):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, SECTION 67, page 704, by adding an appropriately lettered subsection to read:
/ ___A. Section 1-11-730 of the 1976 Code, as last amended by Act 230 of 1996, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) A person covered by the state health and dental plans who terminated employment with at least eighteen years retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system prior to 1990 is eligible for the plans effective on the date of retirement, if this person returns to a state-covered entity and is covered by the state health and dental plans and completes at least two consecutive years in a full-time, permanent position prior to the date of retirement."
B. Notwithstanding the general effective date of this section, this subsection takes effect July 1, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
The following amendment (4775R199FC), as approved by the Clerk, reconciled Amendments No. 233, 234, and 274 adopted during the consideration of H. 4775:
Amend the bill as and if amended, Part II, Permanent Provisions, beginning on page 680 by striking SECTION 67 and inserting:
TO AMEND SECTIONS 9-1-10, 9-1-470, 9-1-1140, 9-1-1510, AND 9-1-1515, ALL AS AMENDED, 9-1-1540, 9-1-1550 AND 9-1-1770, BOTH AS AMENDED, 9-8-80, 9-9-80, 9-11-20, AS AMENDED, 9-11-160, 9-1-1650, AS AMENDED, 9-1-1660, 9-1-1850, AS AMENDED, AND 9-1-1910, OF THE 1976 CODE, ALL RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE RETIREMENT PAYMENT PROVISIONS UPON THE DEATH OF A RETIRED MEMBER, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT; TO ADD SECTION 9-1-1615 SO AS TO PROVIDE FOR RETIREMENT PAYMENT FOR THE MONTH IN WHICH THE RETIRED MEMBER DIED; TO AMEND SECTIONS 9-11-10, 9-11-40, 9-11-50, 9-11-60, 9-11-70, 9-11-80, ALL AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, ALL RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND TO CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330, ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS SECTION.
A. Section 9-1-10 of the 1976 Code, as last amended by Act 317 of 1998, is further amended to read:
"Section 9-1-10. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Retirement System" or "System" shall mean the South Carolina Retirement System established under SECTION 9-1-20;
(2) "Public school" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed city, district or county school board;
(3) "Teacher" shall mean any teacher, helping teacher, attendance teacher, librarian, principal, supervisor, superintendent of public schools, superintendent of public instruction, county superintendent of education, person employed in the office of a county superintendent of education, bus driver and any other person employed in the public schools supported by the State, counties and school districts;
(4) "Employee" means:
(a) to the extent he is compensated by the State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an agent or officer of a county, municipality, or school district, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, to the extent he is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization; and
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20.
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
"Employee" does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider those factors provided pursuant to Section 9-1-440;
(5) "Employer" means the State, a county board of education, a district board of trustees, a city board of education, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of the State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department thereof, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in paragraph (4) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services;
(6) "Member" shall mean any teacher or employee included in the membership of the System as provided in Article 5 of this chapter and for the purpose of establishing additional service it shall mean in service;
(7) "Board" shall mean the State Budget and Control Board which shall act under the provisions of this chapter through its division of personnel administration;
(8) "Medical Board" shall mean the board of physicians provided for in SECTION 9-1-220;
(9) "Service" shall mean service as a teacher or employee rendered to and paid for by an employer;
(10) "Prior service" shall mean service rendered as a teacher or employee prior to the date of membership for which credit is allowable under Article 7 of this chapter;
(11) "Membership service" shall mean service as a teacher or employee rendered while a member of the System;
(12) "Creditable service" shall mean prior service plus membership service for which credit is allowable as provided in Article 7 of this chapter;
(13) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the System;
(14) "Regular interest" shall mean interest compounded annually at such rate as shall be determined by the Board in accordance with SECTION 9-1-280;
(15) "Accumulated contribution" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the employee annuity savings fund, together with regular interest thereon, as provided in Article 9 of this chapter;
(16) "Earnable compensation" shall mean the full rate of the compensation that would be payable to a teacher or employee if he worked for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer;
(17) "Average final compensation" with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office;
(18) "Employee annuity" shall mean annual payments for life derived from the accumulated contributions of a member;
(19) "Employer annuity" shall mean annual payments for life derived from money provided by the employer;
(20) "Retirement allowance" shall mean the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu thereof;
(21) "Retirement" shall mean the withdrawal from active service with a retirement allowance granted under the System;
(22) "Employee annuity reserve" shall mean the present value of all payments to be made on account of an employee annuity or benefit in lieu thereof, computed on the basis of such mortality tables as shall be adopted by the Board and regular interest;
(23) "Employer annuity reserve" shall mean the present value of all payments to be made on account of an employer annuity or benefit in lieu thereof, computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest; and
(24) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the Board and regular interest.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated contribution' means the sum of all the amounts deducted from the compensation of a member and credited to the members individual account in the employee annuity savings fund, together with regular interest on the account, as provided in Article 9 of this chapter.
(2) 'Active member' means an employee who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(3) 'Actuarial equivalent' means a benefit of equal value when computed upon the basis of mortality tables adopted by the board and regular interest.
(4) 'Average final compensation' with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the system producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months before the expiration of the elected official's term of office.
(5) 'Beneficiary' means a person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the system.
(6) 'Board' means the State Budget and Control Board which shall act under the provisions of this chapter through its Division of Retirement Systems.
(7) 'Creditable service' means a member's earned service, prior service, and purchased service.
(8) 'Earnable compensation' means the full rate of the compensation that would be payable to a member if the member worked the member's full normal working time; when compensation includes maintenance, fees, and other things of value the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(9) 'Earned service' means paid employment as a teacher or employee of an employer participating in the system where the teacher or employee makes regular retirement contributions to the system.
(10) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(11) 'Employee' means:
(a) to the extent compensated by this State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
(b) the president, a dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
(c) an employee, agent, or officer of a county, municipality, or school district, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, to the extent the employee, agent, or officer is compensated for services from public funds;
(d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
(e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organizations is provided from monies paid by the members as dues or otherwise or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization;
(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20;
(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
'Employee' does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider the guidelines of the Social Security Administration regarding student services and other criteria the system uniformly prescribes.
(12) 'Employee annuity' means annual payments for life derived from the accumulated contributions of a member.
(13) 'Employee annuity reserve' means the present value of all payments to be made on account of an employee annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services.
(15) 'Employer annuity' means annual payments for life derived from money provided by the employer.
(16)'Employer annuity reserve' means the present value of all payments to be made on account of an employer annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the board and regular interest.
(17) 'Medical board' means the board of physicians provided for in Section 9-1-220.
(18) 'Member' means a teacher or employee included in the membership of the system as provided in Article 5 of this chapter.
(19) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve, and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(20) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(21) 'Prior service' means service rendered as a teacher or employee before July 1, 1945, for which credit is allowable under Article 7 of this chapter.
(22) 'Public school' means a school conducted within this State under the authority and supervision of a duly elected or appointed school district board of trustees.
(23) 'Public Service' means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. 'Public service' does not include 'educational service' or 'military service' as defined in this section.
(24) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(25) 'Regular interest' means interest compounded annually at a rate determined by the board in accordance with Section 9-1-280.
(26) 'Retirement' means the withdrawal from active service with a retirement allowance granted under the system.
(27) 'Retirement allowance' means the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu of the annuity.
(28) 'Retirement system' or 'system' means the South Carolina Retirement System established under Section 9-1-20.
(29) 'State' or 'this State' means the State of South Carolina;
(30) 'Teacher' means a classroom teacher employed in the public schools supported by this State as determined by the board."
B. Section 9-1-470 of the 1976 Code, as amended by Act 555 of 1988, is further amended to read:
"Section 9-1-470. Any A county, municipality, or other political subdivision of the State, any an agency or department of them, including a school board, any a service organization as defined in Section 9-1-10(4) 9-1-10(11)(e), and any nonprofit corporation created under the provisions of Chapter 35 of Title 33, for the purpose of supplying water and sewer, may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements and the regulations of the board."
C. Section 9-1-1140 of the 1976 Code, as last amended by Act 439 of 1988, is further amended to read:
"Section 9-1-1140. Subject to the approval of the Board, any member who is on leave of absence on account of military service or for any other purpose which might tend to increase the efficiency of the services of the member to his employer may make monthly contributions to the System on the basis of the earnable compensation of such member at the time such leave of absence was granted. Any person on leave of absence in the armed forces of the United States who would otherwise have qualified for prior service credit is entitled to prior service credit if he returns to the service of teaching or any other employment covered by or coming within the meaning hereof within a period of two years after he has been honorably discharged. Employees under current employment by the State are eligible to establish credit for previous employment with the regional councils of government if the period is not covered by another retirement plan and payment is rendered in accordance with Section 9-1-440.
A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
A member who leaves covered employment to attend undergraduate or graduate school and returns to covered employment within ninety days after the member's last date of enrollment may establish up to two years' retirement credit by paying the actuarial cost as determined by the board. However, the member contribution must not be less than twelve percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year.
Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
Previous service of a member as an employee of a redevelopment commission created by the governing body of a municipality in this State may be established as creditable service upon payment of an amount determined as provided pursuant to Section 9-1-440.
At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Any amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) The board shall promulgate regulations and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter.
(L) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement."
D. The first paragraph of Section 9-1-1540 of the 1976 Code is amended to read:
"Upon the application of a member in service or of his employer, any a member in service on or after July 1, 1970, who has had five or more years of creditable earned service or any a contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
E. The first two paragraphs of Section 9-1-1650 of the 1976 Code are amended to read:
"Should If a member cease ceases to be a teacher or employee except by death or retirement, he shall the member must be paid within six months after his the member's demand therefor for payment, but not less than ninety days after ceasing to be a teacher or employee, the sum of his the member's contributions and the accumulated regular interest thereon on the contributions. If such the member has five or more years of creditable earned service and elects, prior to before the time his the member's membership would otherwise terminate, elects to leave his these contributions in the system, he shall the member, unless and until such these contributions are paid to him as provided by this section prior to before the attainment of age sixty, remain remains a member of the system and shall be is entitled to receive a deferred retirement allowance commencing beginning at age sixty computed as a service retirement allowance in accordance with Section 9-1-1550. Provided, that the The employee annuity shall must be the actuarial equivalent at age sixty of the member's contributions with such the interest credits thereon on the contributions, if any, as shall be allowed by the board. Should If a member die dies before retirement, the amount of his the member's accumulated contributions shall must be paid to his the member's estate or to such the person as he shall have the member nominated by written designation, duly acknowledged and filed with the board.
Upon the death of a retired member who has not elected either Option 1 or Option 4 under Section 9-1-1620, a lump sum amount must be paid to the person as he has last nominated by written designation, duly acknowledged and filed with the board; otherwise, it must be paid to his estate. The amount must be equal to the excess, if any, of his total accumulated contributions at the time his retirement allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 2, 3, and 5 of SECTION 9-1-1620, during their lifetimes.
Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary. This paragraph does not govern lump sum distributions payable on account of members retiring under former Option 1 of Section 9-1-1620 or on account of members retiring before July 1, 1990 under former Option 4 of Section 9-1-1620."
F. The first paragraph of Section 9-1-1910 of the 1976 Code is amended to read:
"Any person who has retired or may retire under the provisions of the South Carolina Retirement Act while in service as such teacher or employee, and A member with five or more years of earned service, eligible for service retirement, who has twenty or more years of creditable service shall must be paid from the general fund of the State, a monthly sum in addition to the retirement allowance he may receive under the act, due the member under this chapter sufficient to provide him the member a minimum eighty dollars per a month, plus one dollar per a month for each completed year of creditable service in excess of twenty years. Provided, however, that should such If the teacher or employee elect elects to receive a reduced retirement allowance as provided in the act this chapter, he shall the teacher or employee must be paid under the provisions of this section only such the amount as would be paid under the section had he the teacher or employee not elected such the optional allowance."
G. Section 9-11-10 of the 1976 Code, as last amended by Act 72 of 1999, is further amended to read:
"Section 9-11-10. The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "System" shall mean the South Carolina Police Officers Retirement System.
(2) "State" shall mean the State of South Carolina.
(3) "Board" shall mean the State Budget and Control Board.
(4) "Medical board" shall mean the board provided for in SECTION 9-11-30(2).
(5) "Employer" shall mean (a) the State, (b) any political subdivision, agency or department of the State which employs police officers and which shall have been admitted to the System as provided in SECTION 9-11-40 and (c) any service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of such service organizations shall be provided from moneys paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this Title shall be paid from the funds of the service organization.
(6) "Police officer" means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State;
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(7) "Member" shall mean any police officer included in the membership of the System, as provided in SECTION 9-11-40 and for the purpose of establishing additional service credit it shall mean in service.
(8) "Service" shall mean service as a police officer rendered to any employer.
(9) "Credited service" shall mean service for which credit is allowable as provided in SECTION 9-11-50.
(10) "Supplemental Allowance Program" shall mean the Supplemental Allowance Program established under the System as of July 1, 1966 and as in effect on June 30, 1974.
(11) "Class Two service" shall mean credited service subsequent to June 30, 1974 as a Class Two member, as defined in subsection (7) of SECTION 9-11-40, and credited service prior to July 1, 1974, or date of membership, if later, with respect to which contributions shall have been made by a member, or on his behalf, under the Supplemental Allowance Program or pursuant to subsection (2), (3), (4) or (10) of SECTION 9-11-210.
(12) "Class One service" shall mean credited service which is not Class Two service.
(13) "Compensation" shall mean the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer.
(14) "Average final compensation after July 1, 1986" means the average annual compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the System producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(15) "Retirement allowance" shall mean monthly payments for life under the System payable as provided in SECTION 9-11-160.
(16) "Beneficiary" shall mean any person in receipt of a retirement allowance or other benefit as provided by the System.
(17) "Other fund" shall mean (a) the South Carolina Retirement System or (b) the Police Insurance and Annuity Fund of the State of South Carolina.
(18) "Aggregate contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the System, including any amounts transferred from another fund to the System as provided in SECTION 9-11-210(6).
(19) "Regular interest" shall mean interest compounded annually at such rate or rates as shall be determined for a particular purpose by the Board in accordance with SECTION 9-11-30.
(20) "Accumulated contributions" shall mean a member's aggregate contributions, together with regular interest thereon, including regular interest on contributions paid to the System by an employer in lieu of contributions by the member under the Supplemental Allowance Program on account of credited service rendered prior to his date of participation in said Program.
(21) "Aggregate additional contributions" shall mean the sum of all the contributions made by a member pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 and any amounts transferred from another fund which are treated as additional contributions pursuant to SECTION 9-11-210 as in effect prior to July 1, 1974 or SECTION 9-11-210(6) as amended as of said date.
(22) "Accumulated additional contributions" shall mean a member's aggregate additional contributions, together with regular interest thereon.
(23) "Actuarial equivalent" shall mean a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the Board, as provided in SECTION 9-11-30.
(24) "Date of establishment" shall mean July 1, 1962.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Accumulated additional contributions' means a member's aggregate additional contributions, together with regular interest on the contributions.
(2) 'Accumulated contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter.
(3) 'Active member' means a member who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(4) 'Actuarial equivalent' means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the board, as provided in Section 9-11-30.
(5) 'Aggregate additional contributions' means the sum of all the contributions made by a member pursuant to Section 9-11-210 in effect before July 1, 1974, and any amounts transferred from another fund which are treated as additional contributions pursuant to Section 9-11-210 in effect before July 1, 1974, or Section 9-11-210(6) as amended as of that date.
(6) 'Aggregate contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the system, including any amounts transferred from another fund to the system as provided in Section 9-11-210(6).
(7) 'Average final compensation after July 1, 1986' means the average annual compensation of a member during the twelve consecutive quarters of the member's creditable service on which regular contributions as a member were made to the system producing the highest average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office.
(8) 'Beneficiary' means a person in receipt of a retirement allowance or other benefit provided by the system.
(9) 'Board' means the State Budget and Control Board acting through its Division of Retirement Systems.
(10) 'Class one service' means credited service which is not class two service.
(11) 'Class two service' means credited service after June 30, 1974, as a class two member, as defined in subsection (7) of Section 9-11-40, and credited service before July 1, 1974, or date of membership, if later, with respect to which contributions have been made by a member, or on the member's behalf, under the supplemental allowance program or pursuant to subsection (2), (3), or (10) of Section 9-11-210.
(12) 'Compensation' means the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value, the board shall fix the value of that part of the compensation not paid in money directly by the employer.
(13) 'Credited service' means a member's earned service and purchased service.
(14) 'Date of establishment' means July 1, 1962.
(15) 'Earned service' means the paid employment of a member of the system with an employer participating in the system where the member makes regular retirement contributions to the system.
(16) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve.
(17) 'Employer' means:
(a) the State;
(b) a political subdivision, agency, or department of the State which employs police officers and which has been admitted to the system as provided in Section 9-11-40; and
(c) a service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this chapter are to be paid from the funds of the service organization.
(18) 'Medical board' means the board provided for in Section 9-11-30(2).
(19) 'Member' means a person included in the membership of the system, as provided in this chapter.
(20) 'Military service' means:
(a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
(b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve; and
(c) service as a member of the Army National Guard or Air National Guard of this or any other state.
(21) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals.
(22) 'Other fund' means:
(a) the South Carolina Retirement System; or
(b) the Police Insurance and Annuity Fund of the State of South Carolina.
(23) 'Police officer' means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State; or
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice who, by the terms of his employment, is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System.
(24) 'Public Service' means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. The term 'public service' does not include 'educational service' or 'military service' as defined in this section.
(25) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(26) 'Regular interest' means interest compounded annually at the rate or rates determined for a particular purpose by the board in accordance with Section 9-11-30.
(27) 'Retirement allowance' means monthly payments for life under the system payable as provided in Section 9-11-160.
(28) 'State' means the State of South Carolina.
(29) 'Supplemental allowance program' means the supplemental allowance program established under the system as of July 1, 1966, and as in effect on June 30, 1974.
(30) 'System' means the South Carolina Police Officers Retirement System."
H. Items (a) and (d) of Section 9-11-40(1) of the 1976 Code are amended to read:
"(a) Any A county, municipality, or other political subdivision of the State, and any an agency or department thereof of a political subdivision or any a service organization referred to in item (5) of Section 9-11-10 9-11-10(17)(c) may, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements hereof of this section and the rules and regulations of the board. Such The application shall must set forth the requested date of admission, which shall must be the January first, or the April first, or the July first, or the October first next following receipt by the board of such the application, except that in the case of any applications so received prior to before January 1, 1963, the requested date of admission may be July 1, 1962.
(d) Any An employer whose requested date of admission is on or after July 1, 1974, shall agree to make contributions on account of all service prior to before the date of admission rendered by members in its employ who make contributions with respect to such service as provided in Section 9-11-210(4)."
I. Section 9-11-40(4) of the 1976 Code is amended to read:
"(4) All persons who become employed as police officers by the State or other employer after the employer's date of admission to the system under the provisions of this section shall must become members, as a condition of their employment.
Notwithstanding the foregoing provisions of this subsection, no person shall become a member on or after July 1, 1963 unless his employer certifies to the system that his service as a police officer will require requires at least one thousand six hundred hours per a year of active duty and that his the person's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand six hundred hours of active duty as a police officer, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 shall apply."
J. The fifth paragraph of Section 9-11-40(10) of the 1976 Code is amended to read:
"Notwithstanding the foregoing provisions of this subsection, no fireman shall become a member on or after July 1, 1976, unless his the member's employer certifies to the system that his service as a fireman will require requires at least one thousand, six hundred hours per a year of active duty and that his the member's salary for such the service will be is at least two thousand dollars per a year. If in any year subsequent to such after this certification the member does not render at least one thousand, six hundred hours of active duty as a fireman, or if he the member does not receive at least two thousand dollars in salary, his membership shall cease ceases and the provisions of Sections 9-11-50(2) and Section 9-11-100 of the 1976 Code shall apply."
K. Section 9-11-50 of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"Section 9-11-50. (1) The credited service of a member shall include all service as a police officer rendered to an employer since he last became a member and in respect of which he made contributions to the System. It shall also include, in the case of a member (a) who became such on or before June 30, 1963, or who became such as of July 1, 1962 pursuant to subsection (1) (b) or (1) (c) of SECTION 9-11-40, and (b) who remained a member continuously thereafter until his death or his retirement under the System and (c) who was, immediately prior to his becoming a member, a participant in another fund, service which was credited to him under such other fund; provided that within two months of the date of his membership he shall have caused the amount of his full contributions made under such other fund in respect of such service to be transferred to the System. In addition, in the case of any other member who becomes a member when first eligible and continues as a member until his death or his retirement, credited service shall also include all service prior to his date of membership for which contributions are made as provided in SECTION 9-11-210(4) or SECTION 9-11-210(10) and SECTION 9-11-220(2).
(2) When membership ceases for any reason other than death or retirement, the service credited to the member shall be cancelled and, should the police officer again become a member, he shall enter the System as a police officer not entitled to credit for previous service, unless he repays his accumulated contributions previously withdrawn as provided in subsection (3) of this section.
(3) Any person employed as a police officer whose membership in the System was contingent on his own election and who elected not to become a member of the System may apply for and be admitted to membership. Anything herein contained to the contrary notwithstanding, the credited service of any such person shall include service rendered to an employer since he was first eligible to become a member; provided that he shall pay to the System, by a single payment prior to his retirement or death, the contributions specified in SECTION 9-11-210(4) with respect to the period of service since he first became eligible for membership. Any such member who makes such payment to establish credit for such service may also receive credit for service prior to his employer's date of participation in the System by making contributions pursuant to SECTION 9-11-210(4) on account of such service. Any former member who withdrew his contributions and has again become a member of the System may have the service credited to him under the System at the time he withdrew his contributions restored to him, provided he pays to the System, by a single payment prior to his retirement or death, the amount of the contributions previously withdrawn, together with the interest which would have been credited thereon had such contributions remained in the System to the date of his payment of such amount to the System.
(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system under this title.
(5) A period of time up to one year for each pregnancy not to exceed a total of three years of service credit may be established for maternity leave if the member pays the full actuarial cost as determined by the board. The payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy.
(6) (a) A former employee of the United States employed in this State by an employer covered by the system and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment must not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service.
(b) Merchant marine seamen who served in active ocean-going service from December 7, 1941, to August 15, 1947, and civil service crew members aboard United States Army Transport Service and Naval Transportation Service vessels in ocean-going service in foreign waters during the same period may establish their period of service as creditable service in the manner that military service is established as creditable service pursuant to this section.
(7) At retirement, after March 31, 1991, a member shall receive service credit for not more than ninety days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of public service for which the member also may receive a retirement benefit from another retirement plan.
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated. A member may not establish credit for a period of educational service for which the member also may receive a retirement benefit from another retirement plan.
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(D) An active member on an approved leave of absence from an employer that participates in the system may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the board, but not less than sixteen percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the board, but not less than thirty-five percent of the member's current salary or career highest fiscal year salary, whichever is greater, for each year of credit purchased. Periods of less than a year must be prorated.
(F) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system.
(G) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year.
(H) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Amounts paid by the employer under this subsection for all purposes must be treated as employer contributions.
(I) Service credit purchased under this section, other than earned service previously withdrawn and reestablished, is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility.
(J) A member may purchase each type of service under this section once each fiscal year.
(K) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement.
(L) The board shall promulgate regulations, and prescribe rules and policies, as necessary, to implement the service purchase provisions of this chapter."
L. Subsections (1) and (3) of Section 9-11-60 of the 1976 Code, as last amended by Act 424 of 1988, are further amended to read:
"(1) A member may retire upon written application to the board system setting forth at what time, not no more than ninety days before nor more than six months subsequent to after the execution and filing of the application, he the member desires to be retired, if the member at the time specified for his the member's service retirement has:
(a) five or more years of earned service;
(b) attained the age of fifty-five years; and completed five or more years of credited service and has
(c) separated from service and, if the time specified is subsequent to the date of application, notwithstanding that, during the period of notification, he may have separated from service.
(3) Reserved. Any member who has completed five or more years of credited service but has not attained age fifty-five, upon written application to the governing or administering board of his retirement system, may retire on an early retirement allowance commencing upon his attainment of age fifty-five, as follows:
(a) If the member is less than fifty-five years of age and has at least twenty-five years of creditable service, he may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost is determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater.
(b) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, and any service credit purchased must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase."
M. Section 9-11-70(1) of the 1976 Code is amended to read:
"(1) Any A member in service who has completed five or more years of credited earned service but has not attained age fifty-five may, upon written application to the board, retire on an early retirement allowance commencing upon his attainment of beginning when the member attains age fifty-five."
N. The first paragraph of Section 9-11-80(1) of the 1976 Code is amended to read:
"Upon On the application of a member in service or of his the member's employer, any a member who has five or more completed years of credited earned service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his the member's duties regardless of length of membership may be retired by the retirement board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
O. Section 9-11-130(1) of the 1976 Code is amended to read:
"(1) The person nominated by a member, pursuant to Section 9-11-110, to receive a lump sum amount in the event of his death if the member dies before retirement may, if the member: (a) has five or more years of earned service; (b) dies in service; and (c) has either attained age fifty-five or has accumulated dies after the attainment of age fifty-five or after the accumulation of fifteen years of creditable service and death occurs in service, elect to receive in lieu of the lump sum amount otherwise payable under item (a) of subsection (1) of Section 9-11-110(1)(a) an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named the person as beneficiary under an election of Option 1 B under Section 9-11-150(A). For purposes of the benefit calculation, a member under age fifty with less than thirty twenty-five years' credit is assumed to be fifty years of age."
P. Section 9-11-210(4) of the 1976 Code, as amended by Act 420 of 1994, is further amended to read:
"(4) A member who has rendered service before his date of membership which is not otherwise credited under the system may elect by written notice filed with the board at any time before retirement to establish credit for the service as Class One service in the case of a Class One member or as Class Two service in the case of a Class Two member. A member who makes this election shall make a special contribution to the system before retirement, determined as follows:
(a) In the case of a Class One member, the amount which would have resulted if the member had contributed twenty-one dollars during each month of the service for which credit is to be established and such contributions were accumulated at regular interest to the date of payment; or
(b) In the case of a Class Two member, six and one-half percent of the member's monthly rate of compensation at the time the contribution is made multiplied by the number of months of service for which credit is to be established. Reserved."
Q. Section 9-11-220(2)(a) of the 1976 Code is amended to read:
"(a) Reserved. If the special contribution is made pursuant to Section 9-11-210(2), the employer contribution shall be equal to such special contribution."
R. Sections 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, and 9-11-330, all of the 1976 Code, are repealed.
S. Section 9-1-1620 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-1-1620. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that if he dies within ten years from his retirement date, an amount equal to his accumulated contributions at retirement, less one-one hundred twentieth of the amount for each month for which he has received a retirement allowance payment, must be paid to his legal representatives or to the person he nominates by written designation duly acknowledged and filed with the board;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 4. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this option;
Option 5. A member may elect either Option 2 or 3 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 6. A member may elect Option 2 or 3 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired under the provisions of Option 4 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
The board may approve a five-year pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the maximum retirement allowance payable to the member under law. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. The provisions of subsection (B) apply to these members but changes in forms of payment occurring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Option before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
T. Section 9-11-150 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;
Option 4. A member may elect either Option 1 or 2 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired after the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member s elects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the maximum retirement allowance payable to the member under law. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. the provisions of subsection (B) apply to these members, but changes in forms of payment occurring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Option before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
U. Section 9-11-110(2) of the 1976 Code is amended to read:
"(2) Upon the death of a retired member a lump sum amount must be paid to the person he has last nominated by written designation, duly acknowledged and filed with the Board, otherwise to his estate. The lump sum amount must be equal to the excess, if any, of his total accumulated contributions at the time his allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 1, 2, and 4 of SECTION 9-11-150, during their lifetimes. Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary."
V. 1. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1)(A) The person nominated by a member to receive the full amount of his the member's accumulated contributions in the event of his death if the member dies before retirement may, if such the member:
(1) has five or more years of earned service;
(2) dies while in service; and
(3) has either attained the age after the attainment of age sixty-five sixty years or after the accumulation of has accumulated fifteen years or more of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his the member's death and had named the person as beneficiary under an election of Option 2 B of Section 9-1-1620(A). For purposes of the benefit calculation, a member under age sixty with less than thirty twenty-eight years' credit is assumed to be sixty years of age.
(2)(B) Any A person otherwise eligible under subsection (1) (A) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (1) (A). The monthly payments under Option 2 B to the person date from the time of the repayment of the accumulated contributions to the system."
2. The amendment to Section 9-1-1660 of the 1976 Code, contained in subitem 1. of this item is considered the last and controlling amendment to this section in the 2000 session of the General Assembly.
W. 1. Section 1-11-730 of the 1976 Code, as last amended by Act 230 of 1996, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) A person covered by the state health and dental plans who terminated employment with at least eighteen years retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system prior to 1990 is eligible for the plans effective on the date of retirement, if this person returns to a state-covered entity and is covered by the state health and dental plans and completes at least two consecutive years in a full-time, permanent position prior to the date of retirement."
2. Notwithstanding the general effective date of this section, this subsection takes effect July 1, 2000.
X. This SECTION takes effect January 1, 2001. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The question was the adoption of Section 67 pursuant to Rule 24B.
Section 67 was adopted.
The question was the adoption of Section 68 pursuant to Rule 24B.
Section 68 was adopted.
Senators COURSON and GIESE proposed the following Amendment No. 44 (4775R014.JEC), which was tabled:
Amend the bill, as and if amended, Part II, by striking SECTION 69 in its entirety and inserting the following:
TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING SECTION 11-11-170 SO AS TO CREATE IN THE STATE TREASURY THE HEALTHCARE TOBACCO SETTLEMENT FUND, A FUND SEPARATE FROM ALL OTHER FUNDS AND TO SPECIFY THAT ALL REVENUE RECEIVED BY THE STATE FROM THE MASTER SETTLEMENT AGREEMENT MUST BE USED FOR HEALTH CARE AND RELATED PROGRAMS.
A. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-170. (A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section.
(B) One hundred percent of the revenues must be used for healthcare programs. These revenues must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:
(a) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;
(b) home and community-based programs for seniors coordinated by the Department of Health and Human Services;
(c) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department of Alcohol and Other Drug Abuse Services;
(d) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;
(e) other health related issues as determined by the General Assembly." /
Renumber sections to conform.
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Senator COURSON explained the amendment.
Senator LAND argued contra to the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators COURSON and GIESE proposed the following Amendment No. 45 (4775R016.JEC), which was not adopted:
Amend the bill, as and if amended, Part II, SECTION 69, by striking the SECTION in its entirety and inserting the following:
TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING SECTION 11-11-170 SO AS TO CREATE IN THE STATE TREASURY THE HEALTHCARE TOBACCO SETTLEMENT FUND AND THE TOBACCO COMMUNITY TRUST FUND, AS FUNDS SEPARATE FROM ALL OTHER FUNDS AND TO SPECIFY THAT NINETY PERCENT OF THE REVENUE RECEIVED BY THE STATE FROM THE MASTER SETTLEMENT AGREEMENT MUST BE USED FOR HEALTH CARE AND RELATED PROGRAMS AND TEN PERCENT OF THE REVENUE MUST BE USED TO ASSIST TOBACCO GROWERS, QUOTA HOLDERS AND WAREHOUSEMEN.
A. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-170. (A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section.
(B)(1) Ninety percent of the revenues must be used for healthcare programs. These revenues must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:
(a) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;
(b) home and community-based programs for seniors coordinated by the Department of Health and Human Services;
(c) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department of Alcohol and Other Drug Abuse Services;
(d) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;
(e) other health related issues as determined by the General Assembly.
(2) Ten percent of the revenues must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse:
(a) tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, 'tobacco quota owner' and 'tobacco grower' have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230;
(b) after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a). After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund." /
Renumber sections to conform.
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Senator COURSON explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Elliott Ford Glover Holland Hutto Land Leatherman Leventis Matthews McConnell Moore Passailaigue Patterson Rankin Reese Saleeby Setzler Washington
Alexander Anderson Bauer Branton Courson Giese Gregory Grooms Hayes Jackson Martin Mescher Peeler Ravenel Richardson Russell Ryberg Smith, J. Verne Thomas Wilson
Senator JACKSON asked unanimous consent to make a motion that he be granted leave to change his vote from "nay" to "aye."
Senator BAUER objected.
The PRESIDENT voted "no."
The motion to lay the amendment on the table failed. The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Giese Gregory Grooms Hayes Martin Mescher O'Dell * Peeler Ravenel Richardson Russell Ryberg Smith, J. Verne Thomas Wilson
Anderson Bryan Drummond Elliott Ford Glover Holland Hutto Jackson Land Leatherman Leventis Matthews McConnell McGill * Moore Passailaigue Patterson Rankin Reese Saleeby Setzler Washington
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the required vote, Amendment No. 45 was not adopted.
Senator DRUMMOND proposed the following Amendment No. 171 (9627HTC00.DOC), which was adopted (#45):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Section 69, Section 11-49-30(B), as contained in subsection A2, page 707, by inserting before /for/ on line 8 /or any tobacco receipts reserve fund created from it /
Amend further, as and if amended, Section 69, Section 11-49-70(H), as contained in subsection A2, page 710, line 20, by striking /bond/ and inserting /bonds/
Amend further, as and if amended, Section 69, Section 11-49-100, as contained in subsection A2, page 711, line 18, by striking /Audit/ and inserting /Audited/
Amend further, as and if amended, Section 69, Section 11-11-170(B)(1), as contained in subsection B, page 713, beginning on line 24, by striking /proceeds derived from the investments permitted in/ and inserting /funds obtained pursuant to/
Amend further, as and if amended, in Section 69, Section 11-11-170(B)(2), as contained in subsection B, page 714, line 1, by striking /proceeds derived from the investments permitted in/ and inserting /funds obtained pursuant to/
Amend further, as and if amended, in Section 69, Section 11-11-170(B)(3), as contained in subsection B, page 714, line 13, by striking /proceeds derived from the investments permitted in/ and inserting /funds obtained pursuant to/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators MATTHEWS, PATTERSON, WASHINGTON, JACKSON, GLOVER, FORD and ANDERSON proposed the following amendment (4775R1993.JWM), which was adopted (#46):
Amend the bill, as and if amended, Part II, Section 11-11-170(B)(1) as contained in SECTION 69, page 713, by inserting after line 35 an appropriately lettered subitem to read:
/ ( ) disease prevention and elimination of health disparities: diabetes, HIV/AIDS, hypertension, and stroke, particularly in minority populations; /
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Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator BRANTON proposed the following Amendment No. 285 (21410SD00.DOC), which was adopted (#47):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, PART II, SECTION 69, in Section 13-1-45 of the 1976 Code, which begins on page 714, by adding a subsection to read:
/ ( ) No funds under this section may be provided, promised, or allocated to any projects authorized hereunder before November 15, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator BRANTON explained the amendment.
At 5:02 P.M., with Senator BRANTON retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 5:10 P.M., the Senate resumed.
At 5:10 P.M., with Senator BRANTON retaining the floor, on motion of Senator RICHARDSON, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 5:17 P.M., the Senate resumed.
Senator BRANTON explained the amendment.
At 5:35 P.M., Senator PATTERSON assumed the Chair.
Senator BRANTON continued explaining the amendment.
At 5:40 P.M., with Senator BRANTON retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 5:55 P.M., the Senate resumed.
At 5:55 P.M., with Senator BRANTON retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 6:08 P.M., the Senate resumed.
At 6:09 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Leatherman Leventis Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator BRANTON resumed arguing in favor of the adoption of the amendment.
Senator BRANTON moved that the amendment be adopted.
Senator JACKSON spoke on the amendment.
The amendment was adopted.
At 6:35 P.M., Senator MOORE moved under Rule 15A to bring debate to a close on Section 69 at 7:00 P.M.
Senator MOORE, with unanimous consent, spoke on the motion.
Senator BRANTON, with unanimous consent, spoke on the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Anderson Bryan Courson Drummond Elliott Ford Glover Holland Jackson Land Leventis Matthews McConnell Moore Passailaigue Patterson Rankin Reese Saleeby Setzler Short Smith, J. Verne Washington
Alexander Bauer Branton Giese Gregory Hayes Martin Mescher Peeler Richardson Russell Ryberg Wilson
The motion under Rule 15A failed.
Senators MOORE and RICHARDSON proposed the following Amendment No. 288 (3954MM00.DOC), which was adopted (#48):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, SECTION 69, Section 13-1-45 as contained in subsection D., page 718, by inserting after line 4:
/ (N) The department shall submit a quarterly report to the State Budget and Control Board of all projects obligated to for funding pursuant to this section. /
Renumber sections to conform.
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Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 292 (4775R055.SHR), which was not adopted:
Amend the bill, as and if amended, part II, Section 69, page 713, line 24, by striking the word / Seventy / and inserting / Eighty /
Amend the bill further, as and if amended, Part II, Section 69, page 714, line 1, by striking the word / Fifteen / and inserting the word / Five /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator RICHARDSON moved that the amendment be adopted.
Senator WASHINGTON spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Giese Gregory Hayes Martin Mescher Peeler Richardson Russell Ryberg Thomas Wilson
Anderson Bryan Drummond Elliott Ford Glover Holland Jackson Land Leventis Matthews McConnell Moore Passailaigue Patterson Rankin Reese Saleeby Setzler Short Smith, J. Verne Washington
Having failed to receive the required vote, Amendment No. 288 was not adopted.
The question then was the adoption of Section 69 pursuant to Rule 24B.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Elliott Ford Glover Holland Jackson Land Leventis Matthews McConnell Moore Passailaigue Patterson Rankin Reese Saleeby Setzler Short Smith, J. Verne Washington
Alexander Bauer Branton Courson Giese Gregory Hayes Martin Mescher Peeler Richardson Russell Ryberg Thomas Wilson
Having failed to receive the required vote, Section 69 was not adopted pursuant to Rule 24B.
Senator BRANTON raised a Point of Order that Section 70 was out of order inasmuch as it was not germane to the Bill.
Senator LAND moved to table Section 70.
Section 70 was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table Section 70.
Senator MARTIN spoke on Section 71.
At 7:26 P.M., the PRESIDENT assumed the Chair.
Senator MARTIN continued speaking on Section 71.
Senator MARTIN raised a Point of Order that Section 71 was out of order inasmuch as it was violative of Section 2-7-105 of the S. C. Code of Laws, 1976, as amended.
Senators LEVENTIS, BRYAN, McCONNELL and MARTIN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator MARTIN continued speaking on Section 71.
Senator COURSON proposed the following Amendment No. 27 (JC001.DOC), which was tabled:
Amend the bill, as and if amended, Part II, Section 71(A), by adding an appropriately numbered item at the end to read:
/ ( ) Revolutionary War Site Project 100,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GROOMS proposed the following Amendment No. 277 (21406DJC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, SECTION 71, page 728, by adding after line 3:
/Lake Moultrie Boat Landing at Bonneau Beach 1,200,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 22 (BFD014.DOC), which was adopted (#49):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, SECTION 71, page 729, by adding an appropriately numbered item to read:
/ Funds appropriated for the Midlands Film Initiative must be disbursed based on criteria and regulations established by the Film Office in the Department of Commerce. /
Renumber sections to conform.
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Senator RICHARDSON explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
The question was the adoption of Section 71.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Ford Giese * Glover Grooms * Hayes Holland Hutto * Jackson * Land Leventis Matthews McConnell McGill * Mescher Moore O'Dell * Passailaigue Patterson Peeler Rankin Ravenel * Reese Richardson Russell Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington
Gregory Martin Ryberg Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having received the required vote, Section 71 was adopted.
We support many of the capital projects in Section 71. However, we voted against Section 71 for a couple of important policy reasons. This bond authorization has not been considered by the House of Representatives and is not permitted by S. C. Code Section 2-7-105. Clearly, we could have funded the most important capital projects out of the Capital Reserve Fund as was done by the House in its version of the Bill. Further, it is not prudent policy to max out on the state's debt service limit. For example, the bond authorization contained in Section 71 will not allow the State to authorize any more capital improvement bonds for all of state government until 2003-2004 fiscal year.
At 8:25 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed ten minutes.
At 8:58 P.M., the Senate resumed.
Senator BRANTON spoke on the Bill.
Senator BRANTON rose to a Point of Personal Privilege.
With Senator BRANTON retaining the floor, Senator ELLIOTT asked unanimous consent to make a motion that the Senate stand adjourned.
Senator DRUMMOND objected.
Senator BRANTON continued speaking on the Bill.
At 9:15 P.M., with Senator BRANTON retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 9:20 P.M., the Senate resumed.
With Senator BRANTON retaining the floor, Senator PEELER asked unanimous consent to make a motion to take up Amendment No. 4 for immediate consideration.
Senators RAVENEL, LEATHERMAN, PASSAILAIGUE, LEVENTIS, BRANTON, HUTTO, BRYAN, MCCONNELL, SALEEBY, MCGILL, MOORE, GIESE, ELLIOTT, PATTERSON, WASHINGTON, MESCHER and PEELER proposed the following Amendment No. 4 (12062AC00.DOC), which was adopted (#50):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE1976 CODE, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
Article 3, Chapter 20, Title 44 of the 1976 Code is amended by adding:
"Section 44-20-365. No regional center of the department may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed."/
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Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 7 (3897MM00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT FUEL USED EXCLUSIVELY TO GROW OR PRESERVE AGRICULTURAL PRODUCTS, IN ADDITION TO FUEL USED TO CURE AGRICULTURAL PRODUCTS, IS EXEMPT FROM THE SALES TAX.
Section 12-36-2120(18) of the 1976 Code is amended to read:
"(18) fuel used exclusively to grow, preserve, or cure agricultural products;" /
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Senator RANKIN explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 9 (4775R015.DE), which was tabled:
Amend the bill, as and if amended, Part II, by adding a new SECTION to read:
TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-535 SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A FORMER MEMBER OF THE GENERAL ASSEMBLY MAY PURCHASE UP TO EIGHT YEARS OF SERVICE CREDIT TIME IN THE STATE RETIREMENT SYSTEM, IF THE MEMBER SERVED A MINIMUM OF SIX YEARS BUT LESS THAN EIGHT IN THE GENERAL ASSEMBLY; TO PROVIDE FOR THE RATE AT WHICH THE SERVICE CREDIT TIME MAY BE PURCHASED; AND TO PROVIDE FOR STATE MATCHING CONTRIBUTIONS.
A. Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-535. The surviving spouse of a former member of the General Assembly may elect to purchase up to eight years of service credit time to be credited toward vesting in the state retirement system, provided that the former member served a minimum of six years but less than eight in the General Assembly prior to January 1, 1980.
A surviving spouse may elect to purchase the service credit time at the same rate that was available to the member during his service in the General Assembly. Notwithstanding any other provision of law, a surviving spouse exercising the option pursuant to the provisions of this section is entitled to the state matching contribution at the same rate available to members serving in the General Assembly at the time of exercise of the option.
Nothing contained in this section or any other provision of law shall be interpreted to preclude the surviving spouse of a former member who received a refund of all contributions to the system from exercising the option created pursuant to this section." /
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Senator LAND explained the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 21 (3907MM00.DOC), which was adopted (#51):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-30-25, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT DEVELOP CRITERIA FOR ALLOCATING FUNDING THROUGH THE SOUTH CAROLINA FILM OFFICE.
Section 1-30-25(D) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(D) State Development Board, including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its Film Office are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private, enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; and
(9) enhancement of the general welfare of the people;" /
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Senator RICHARDSON explained the amendment.
Senator RICHARDSON moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 33 (12063AC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 1-3-15 SO AS TO PROVIDE THAT THE GOVERNOR MAY NOT ISSUE AN EXECUTIVE ORDER UNLESS HE HAS BEEN GRANTED EXPRESS AUTHORITY.
A. The 1976 Code is amended by adding:
"Section 1-3-15. No executive order is effective unless the Governor has been granted express statutory or constitutional authority to issue the order. All orders must contain a clause citing the appropriate authorization for the issuance of the executive order."
B. This section takes effect upon approval by the Governor and applies to all executive orders issued on or after that date./
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Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator J. VERNE SMITH proposed the following Amendment No. 48A (18436SOM00.DOC), which was adopted (#52):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION.
A. Section 20-7-670 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports and take remedial action, if necessary.
(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.
(F) Notwithstanding the provisions of subsection (A) or any other provision of this article, the The Department of Social Services may not must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency residential treatment facility or Intermediate Care Facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.
(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.
(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual immediately must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible consequences to ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set out forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process." /
B. Section 1A of Joint Resolution 157 of 1997, as amended by Act 104 of 1999, is further amended to read:
/ "(A) The Department of Social Services is authorized to establish in one region or up to six twelve counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for three years after it is commenced and until the conclusion of the next legislative session thereafter. Counties which are added to the pilot project more than one year after the commencement of the pilot project need not be included in the evaluation of the project. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot." /
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Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senators GREGORY, PEELER and SHORT proposed the following amendment (4775R058.CKG), which was adopted (#53):
Amend the bill, as and if amended, Part II, by adding a new SECTION to read:
TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4.
Section 50-11-310 of the 1976 Code, as last amended by Act 57 of 1997, is further amended by adding:
"(E) Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 during the prescribed season for hunting deer." /
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Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senators MESCHER and RAVENEL proposed the following Amendment No. 89 (4775R120.WCM), which was adopted (#54):
Amend the bill, as and if amended, Part II, by adding a new SECTION to read:
TO AMEND ARTICLE 3, CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA STATE PORTS AUTHORITY, BY ADDING SECTION 54-3-260 SO AS TO REQUIRE APPROVAL OF THE GENERAL ASSEMBLY PRIOR TO THE CONSTRUCTION OF A TERMINAL OR RAILROAD ON DANIEL ISLAND.
Article 3, Chapter 3, Title 54 of the 1976 Code is amended by adding:
"Section 54-3-260. The authority must obtain the approval of the General Assembly prior to constructing a terminal or railroad on Daniel Island." /
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Senators LAND and MESCHER spoke on the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 90 (NBD\12088AC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
THE 1976 CODE IS AMENDED BY ADDING SECTION 44-1-290, SO AS TO REQUIRE BUSINESSES THAT MUST DISPLAY A FOOD SERVICE PERMIT TO ALSO DISPLAY A "KEEP SOUTH CAROLINA CLEAN" SIGN WHICH MUST ALSO INCLUDE LITTERING PENALTIES AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SIGN.
The 1976 Code is amended by adding:
"Section 44-1-290. A business establishment that is required by law to display a food service permit must also display a sign that is eight and one-half inches by eleven inches stating in bold print 'Keep South Carolina Clean'. The sign also must include the maximum penalties for littering. The Department of Health and Environmental Control shall provide this self-adhesive sign to these establishments in the same manner the department provides food service permit signs."/
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Senator LAND explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator BAUER proposed the following Amendment No. 129 (22659HTC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-63-260, AS AMENDED, OF THE 1976 CODE, RELATING TO CORPORAL PUNISHMENT IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT THAT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT AND ITS EMPLOYEES ARE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY ARISING FROM A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN ACCORDANCE WITH THE DISTRICT'S POLICY, TO PROVIDE THAT THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY DOES NOT APPLY WHERE CORPORAL PUNISHMENT IS ADMINISTERED IN A GROSSLY NEGLIGENT OR RECKLESS MANNER AND RESULTS IN A SERIOUS OR PERMANENT INJURY TO THE PUPIL AND TO REQUIRE THE OFFERING OF ALTERNATIVE PUNISHMENTS TO PARENTS BEFORE CORPORAL PUNISHMENT TO THEIR CHILD MAY BE ADMINISTERED.
A. Section 59-63-260 of the 1976 Code is amended to read:
"Section 59-63-260. (A) The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper.
(B) A school district that has adopted a policy permitting corporal punishment and its employees are immune from civil and criminal liability arising from a student of the district being administered corporal punishment in accordance with the district's policy.
(C) The immunity from civil and criminal liability provided in subsection (B) does not apply in those cases where corporal punishment is administered in a grossly negligent or reckless manner and results in a serious or permanent injury to the pupil.
(D) A school in a district which has adopted a policy permitting corporal punishment and which wishes to administer corporal punishment to a child under such policy must notify a parent, guardian, or person in loco parentis responsible for the child of this fact and offer the parent, guardian, or person in loco parentis the option to remove a child from the school in lieu of corporal punishment being administered. A parent, guardian, or person in loco parentis of a child who objects to his child or ward being subject to corporal punishment must remove the child from the school immediately upon being requested to do so. If a parent, guardian, or person in loco parentis of a child who objects to his child or ward being subject to corporal punishment cannot be located or does not remove the child from the school within a reasonable time after being requested to do so, the school shall treat the child as though the child were under suspension. A child removed from a school in lieu of corporal punishment may not return to the school until permitted to do so by the school district as a part of its policy on corporal punishment."
B. This section takes effect July 1, 2000. /
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Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 133 (4775R013.SHR), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 16 OF ACT 253 OF 1992, RELATING TO PRIMARIES, SO AS TO REQUIRE ALL PRIMARIES FOR COUNTYWIDE, STATEWIDE, AND NATIONAL OFFICES TO BE HELD BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR AND TO REQUIRE ALL ELECTIONS, INCLUDING LOCAL BOND REFERENDA, TO BE HELD AT THE TIME OF THE GENERAL ELECTION.
A. Section 16 of Act 253 of 1992 is further amended to read:
"Section 16. Except for municipal primaries, all All primaries for national offices, excluding the Office of President, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Notwithstanding any other provision of law, all elections whether partisan or nonpartisan must be conducted at the time of the General Election. All local elections, including bond or other referenda questions, may only be put before the voters at the time of the General Election. Nothing contained in this section shall be construed to alter or amend any other provision of law governing the date, time, place, or manner in which special elections are conducted. The election laws of the State shall apply, mutatis mutandi." /
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Senator RICHARDSON explained the amendment.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator REESE proposed the following Amendment No. 157 (3931MM00.DOC), which was adopted (#55):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS PAID LEAVE OF NOT MORE THAN FIFTEEN DAYS IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE THE LEAVE AVAILABLE ONLY WITH THE APPROVAL OF HIS EMPLOYER.
Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-180. A state employee entitled to annual leave pursuant to Article 7 of this chapter and who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than fifteen work days in each calendar year to participate in specialized disaster relief services for the American Red Cross. Upon the approval of his employer, the employee must be released from work for this function upon request of the American Red Cross for his services. This leave is in addition to other leave to which the employee is entitled." /
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Senator REESE explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 165 (NBD\12100AC00.DOC), which was adopted (#56):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 46, OF THE 1976 CODE, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
Title 46 of the 1976 Code is amended by adding:
Farm and Forest Lands Protection Act
Section 46-53-10. This chapter must be known and may be cited as the 'Farm and Forest Lands Protection Act.'
Section 46-53-20. It is the purpose of this chapter to:
(1) provide a means by which agricultural and forest lands may be protected and enhanced as a viable segment of the state's economy and as an economic and environmental resource of major importance;
(2) encourage landowners to make a voluntary long-term commitment to agriculture and forestry by offering landowners financial incentives and security of land use;
(3) protect agricultural and forestry operations in priority agricultural land areas from incompatible nonagricultural and nonforestry land uses that may render agriculture and forestry operations nonviable;
(4) ensure permanent protection of productive agricultural and forest lands in order to protect the agricultural and forestry economy of this State;
(5) provide compensation to landowners in exchange for their relinquishment of the right to develop their private property; and
(6) leverage state, federal, local, and private agricultural easement purchase funds and protect the investment of taxpayers in agricultural conservation easements.
Section 46-53-30. As used in this chapter:
(1) 'Active farmer' means a landowner or operator of land who manages the daily production of agricultural or forest crops. The land that agricultural and forest crops are being grown upon must be under a conservation plan.
(2) 'Agricultural conservation easement' means an interest in land, less than fee simple, which interest represents the right to restrict or prevent the development or improvement of the land for any purpose other than agricultural production. The easement may be granted by the owner of the fee simple to any third party or to the State, to a county council, or to a unit of local government. It must be granted in perpetuity, except as provided for in Section 46-53-120(B)(2), as the equivalent of covenants running with the land. The exercise or failure to exercise any right granted by the easement shall not be deemed to be management or control of activities at the site for purposes of enforcement of the Federal Comprehensive Environmental Response Compensation Liability Act of 1980.
(3) 'Agricultural and forest crops' includes, but is not limited to:
(a) food, feed, forage, fiber, and oil seeds, field crops, fruit crops, and vegetable crops;
(b) agronomy, horticulture, mariculture, aquaculture, viticulture, and floriculture;
(c) livestock, poultry, and livestock and poultry products;
(d) specialties of beekeeping; and
(e) timber, wood, and other wood products derived from trees.
(4) 'Agricultural production' means the production of agricultural and forest crops for gain or profit through normal farming operations.
(5) 'Conservation district' means a soil and water conservation district as established in Section 48-9-30(1).
(6) 'Conservation plan' means a plan prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA), approved by the appropriate conservation district, and implemented by a landowner, describing best land management practices including an installation schedule and maintenance program, which when completely implemented, will improve and maintain soil, water, and related plant and animal resources of the land. The forest land portion of the conservation plan must be prepared by a registered forester and approved by the South Carolina Forestry Commission.
(7) 'County board' means a County Priority Agricultural Land Board.
(8) 'Department' means the South Carolina Department of Natural Resources.
(9) 'Eligible county' means a county whose purchase of agricultural conservation easement program has been approved by the State Priority Agricultural Land Board. For the purpose of annual allocations, an eligible county must have its agricultural conservation easement purchase program approved by the State Priority Agricultural Land Board at the time of allocation.
(10) 'Farmland value' means the price as of the valuation date for property used only for agricultural production which a willing and informed seller who is not obligated to sell would accept for the property and which a willing and informed buyer who is not obligated to buy would pay for the property.
(11) 'Fiscal year' means fiscal year of the State.
(12) 'Forest farmer' means a landowner or a landowner's designee with a minimum of one hundred acres that is being actively managed for forest products.
(13) 'Fund' means the Priority Agricultural Land Trust Fund of South Carolina established by this chapter.
(14) 'Governing body' means the elected governing body of a local government unit.
(15) 'Immediate family member' means a spouse, brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, father, or mother of a landowner.
(16) 'Landowner' means the record owner of the land, the authorized contract purchaser of the land, or the record owner of the development easement other than a county acquired pursuant this chapter.
(17) 'Market value' means the price as of the valuation date for the highest and best use of the property which a willing and informed seller who is not obligated to sell would accept for the property and which a willing and informed buyer who is not obligated to buy would pay for the property.
(18) 'Normal farming operation' means the customary and generally accepted practices and procedures farmers adopt, use, or engage in including, but not limited to, planting, cultivating, producing, harvesting, processing, packaging, storing, marketing for wholesale or retail distribution of their production, and managing waste. This includes on-site facilities needed to carry out these practices including, but not limited to, greenhouses, nurseries, barns, packing sheds, farm labor housing, stables, maintenance buildings, crop market facilities, and other building structures used in implementing best management practices of irrigation, air, water, and waste.
(19) 'Planning commission' means a municipal planning commission, a county planning commission, a joint city-county planning commission, or a consolidated government planning commission as defined and governed by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994.
(20) 'Priority agricultural land area' means a unit of land used for agricultural production under the ownership of one or more persons and designated as such by the procedures set forth in this chapter.
(21) 'State board' means the State Priority Agricultural Land Board.
(22) 'Viable agricultural land' means land suitable for agricultural production which will continue to be economically feasible for such use if real estate taxes, farm use restrictions, and speculative activities are limited to levels approximating those in commercial agricultural areas not influenced by the proximity of urban and related nonagricultural development.
Section 46-53-40. (A) The Department of Natural Resources and the State Priority Agricultural Land Board shall administer pursuant to this section a program for the purchase of agricultural conservation easements. The department is responsible for the administration of this program.
(B) There is established within the department as a departmental board the State Priority Agricultural Land Board. The state board shall consist of the following:
(1) five voting ex-officio members or their designees: the Director of the Department of Natural Resources who shall serve as the board chairman; the Commissioner of Agriculture; the Secretary of Commerce; the Vice President for Public Service and Agriculture at Clemson University; and the State Forester;
(2) five members appointed by the Governor, with the advice and consent of the Senate, on the recommendation of the board of the department. One member must be a current member of a county council who shall serve as voting ex-officio member; one member must be a person who is recognized as having significant knowledge in agricultural production fiscal and financial matters; one member must be actively involved in commercial or residential development; two must be conservation district commissioners, one of whom must be a forest farmer, who shall serve as voting ex-officio members. Initially, two members must be appointed for a term of four years, two members must be appointed for a term of three years, and one member must be appointed for a term of two years. Thereafter, the terms of all members is for four years. The term of a person appointed to replace another member whose term has not expired is only the unexpired portion of that term. Members may be reappointed to successive terms;
(3) six members appointed by the Governor, with the advice and consent of the Senate. The Governor in making these appointments shall consider recommendations made by the South Carolina Agriculture Commission and a general farm organization. These members must be active farmers, each representing a different congressional district, each residing within the State, and at least one of whom must be a forest farmer and one of whom must be a confined animal feeding operation owner. Of the initial appointees, two members must be appointed for a term of four years, two members must be appointed for a term of three years, and the other members must be appointed for a term of two years. Thereafter, the terms of all appointees are for four years. An appointment made to fill an unexpired term is only for the duration of the unexpired term. Members may be reappointed to successive terms.
Half of all members shall constitute a quorum for purposes of conducting meetings and official actions pursuant to authority given to the state board under this chapter.
It is not a conflict of interest for a voting ex-officio member to vote on matters pertaining to the county from which that member comes to the board.
(C) The state board shall:
(1) promulgate regulations pursuant to this chapter;
(2) adopt rules of procedure and bylaws governing the operations of the state board and the conduct of its meetings;
(3) allocate fund monies among eligible counties for the purchase of agricultural conservation easements, in accordance with provisions of subsection 46-53-120(F);
(4) establish and publish the standards, criteria, and requirements for the allocation of fund monies pursuant to subsection 46-53-120(F);
(5) establish and maintain a central repository of records which shall contain records of county programs for purchasing agricultural conservation easements and records of agricultural conservation easements purchased by counties;
(6) establish and publish the standards, criteria, and requirements necessary for state board approval of county programs for purchasing agricultural conservation easements;
(7) review, certify, and approve, or disapprove county programs for purchasing agricultural conservation easements;
(8) determine the maximum amount for its share for the purchase of an agricultural conservation easement;
(9) review and approve or disapprove for recertification each county program for the purchase of agricultural conservation easements;
(10) establish and publish criteria to be used in prioritizing applications for the purchase of agricultural conservation easements and assign priority to those applications to be submitted for consideration of federal funding;
(11) authorize the development of a publication defining all technical elements necessary for a complete application for purchase of an agricultural conservation easement. This publication shall include model formats of the specific components of applications. Publications must be distributed to every county with an approved program for purchasing agricultural conservation easements and must be available to all others upon request; and
(12) exercise other discretionary powers as may be necessary and appropriate for the exercise and performance of its duties, powers, and responsibilities under this chapter.
(D) The state board is authorized to take the actions necessary to qualify for federal guarantees and interest rate assistance for agricultural easement purchase loans under Chapter 2 of the Food Agriculture, Conservation, and Trade Act of 1990 or subsequent acts.
Section 46-53-50. (A) Upon the creation of a County Priority Agricultural Land Board, the county board must be composed of nine or eleven members appointed by a county council. The county council may seek the advice of a local general farm organization. County board members shall be appointed as follows: the number of active farmers shall constitute at least one less than a majority of the board, at least one of whom must be a forest farmer; one member must be a current conservation district commissioner of a county and shall serve in a voting ex-officio capacity; one member must be a current member of the governing body of a town located within a county and shall serve in a voting ex-officio capacity; one member must be actively involved in commercial or residential development and the other members must be appointed at the pleasure of a county council. The county board shall elect annually one member of a board to serve as chairman of the board. The term ends for the member from the governing body of a town located within the county if the member vacates the elected office or at the expiration of the member's term of office in his elected position. The term of the initial farmer appointees is for three years; and the initial term of all other members is for one year. Thereafter, the term of all members is for three years.
Members shall serve without salary, but the county council may entitle each member to reimbursement for his actual and necessary expenses incurred in the performance of his official duties. The county board shall work with the planning commission, if one exists, to advise county council on matters relating to the proposed establishment, modification, and termination of a priority agricultural land area. In particular, the board shall render expert advice relating to the desirability of such action, including advice as to the nature of agricultural production within a proposed area and the relation of agricultural production in an area to the county as a whole.
(B) Each county board shall:
(1) adopt rules of procedure and bylaws governing the operation of the county board and the conduct of its meetings;
(2) adopt rules for the administration of a county program for the purchase of agricultural conservation easements in accordance with the provisions of this chapter;
(3) propose a priority agricultural land area or areas;
(4) adopt rules establishing the standards and procedures for purchase of agricultural conservation easements within priority agricultural land areas including, but not limited to, rules governing the submission of applications by landowners, establishing standards and procedures for the valuation of property eligible for purchase as an agricultural conservation easement, and establishing standards and procedures for the selection or purchase of agricultural conservation easements;
(5) execute agreements to purchase agricultural conservation easements in the name of the county with the advice and consent of the county council;
(6) purchase in the name of the county agricultural conservation easements within priority agricultural land areas with the advice and consent of the county council;
(7) use monies appropriated and approved by the county council from the county general fund to hire staff and administer the county program;
(8) use monies appropriated by the county council from the county general fund or the proceeds of indebtedness incurred by the county and approved by the county council for the purchase of agricultural conservation easements within priority agricultural land areas;
(9) purchase agricultural conservation easements separately or in combination with any funding source or sources, including federal, state, local, and private funds with the advice and consent of the county council;
(10) establish and maintain a repository of records of agricultural and forest lands which are subject to agricultural conservation easements purchased by the county and which are located within the county;
(11) record agricultural conservation easements purchased by the county in the office of the recorder of deeds of the county wherein agricultural conservation easements are located;
(12) submit to the state board for review the initial county program and any proposed revisions to approved county programs for purchasing agricultural conservation easements;
(13) establish criteria to be used in prioritizing applications for the purchase of agricultural conservation easements and assign to the applications to be submitted for consideration for federal funding; and
(14) conduct educational activities as are necessary; however, an educational workshop open to the public must be conducted prior to the establishment of a priority agriculture land area.
(C) Each county board shall submit to the state board an annual report which includes:
(1) location of priority agricultural land areas and agricultural conservation easements in the county;
(2) number of acres throughout the county which are located within priority agricultural land areas;
(3) number of acres throughout the county which are subject to agricultural conservation easements;
(4) number of agricultural conservation easements in the county;
(5) number of acres included within each agricultural conservation easement throughout the county;
(6) number and value of agricultural conservation easements purchased by the county, including the number and value of purchases made during the preceding fiscal year of the State;
(7) dollar value of the annual appropriation made by the county for the purchase of agricultural conservation easements;
(8) quality of the agricultural and forest lands subject to agricultural conservation easement, including the soil classifications and productivity of the agricultural and forest lands;
(9) nature, scope, and extent of development activity within areas where agricultural conservation easements have been purchased;
(10) nature and extent of conservation practices and best management practices including, but not limited to, soil erosion, sedimentation control, and nutrient management practices, which are practiced on agricultural and forest lands subject to agricultural conservation easements; and
(11) total number of recommendations filed by the county for purchase of agricultural conservation easements and the number approved and disapproved and the reasons for disapproval.
Section 46-53-60. (A)(1) A landowner whose property is within the proposed priority agricultural land area or a county board may submit a request to its county council for the creation of a priority agricultural land area or areas within the county. A request must be in the format and manner prescribed by the county.
(2) When a request has been submitted for the creation of a priority agricultural land area or areas, a county council shall proceed in the following manner:
(a) Each county council shall establish a county board pursuant to Section 46-53-50 and forward a request or requests for the creation of a priority agricultural land area or areas to that county board; or
(b) Each county council shall conduct a public hearing to determine if there is sufficient public interest to proceed with the declaration of a priority agricultural land area. For those public hearings which determine whether a sufficient level of interest exists, public notice must be limited to an advertisement in a newspaper having general circulation and contain statements as delineated in subsection (B)(1), (2), and (3). If a county council determines there is sufficient public interest to proceed with the declaration of a priority agricultural land area, then the county council shall establish a county board pursuant to Section 46-53-50 and forward a request or requests for the creation of a priority agricultural land area or areas to that county board. If a county council, after holding a public hearing, determines there is insufficient public interest to proceed with the process of declaring a priority agricultural land area or areas, then the county council shall not establish a priority agricultural land area board; and if subsequent requests are submitted to a county council after a determination of insufficient public interest, the county council shall conduct a public hearing, but not before six months have elapsed since the previous public hearing, to determine if there is sufficient public interest to declare a priority agricultural land area or areas.
(3) A county priority agricultural land area board is the only entity authorized to consider, establish, declare, or otherwise put into effect a priority agricultural land area.
(4) A county board is responsible for providing notice and conducting a public hearing on priority agricultural land area or area requests and submitting a proposal for the creation of a priority agricultural land area or areas to its county council in the manner and form as may be prescribed by its county council including wherein a proposed area is situated and a description of a proposed area, including its boundaries. Each county board shall coordinate with a county planning commission, if one exists, with any request, modification, or proposal to create a priority agricultural land area or areas.
(5) If the land included in a proposal for a priority agricultural land area or areas is situated in more than one local government unit, then the proposal must be submitted and approval of the proposal must be sought from the governing body of each local government unit affected. The governing bodies may cooperate in the review of a proposed priority agricultural land area or areas and may provide joint public notices and a joint public hearing on a proposed priority agricultural land area or areas. A rejection by a governing body of a local government unit shall exclude that portion of a proposal which is situated within the local government unit. However, the rejection does not preclude the approval of the remaining portion of a proposal as a priority agricultural land area by the county council of the other affected local government units, if the approved portion meets all other requirements imposed under this chapter for a priority agricultural land area.
(B) Notice of a completed proposal must be provided by a county board by publishing a notice in a newspaper having general circulation within each proposed priority agricultural land area and by posting such notice in five conspicuous places within, adjacent to, or near each proposed area.
The notice shall contain a:
(1) statement that a request for the creation of a priority agricultural land area or areas has been filed with the county council pursuant to this chapter;
(2) statement that a proposal for a priority agricultural land area or areas will be on file open to public inspection in the office of the local government unit;
(3) statement that any local government unit encompassing or adjacent to a proposed area, or any landowner who owns land proposed to be included within a proposed area or any landowner with lands adjacent or near to a proposed area who wishes these lands to be included or not included may propose modifications of a proposed area in the form and manner as may be prescribed by the county council;
(4) statement that a request and proposed modifications will be submitted to the county planning commission and the county board, and that after they are submitted, a public hearing will be held on the request, proposed modifications, and recommendations of the county planning commission and county board; and
(5) map identifying each proposed priority agricultural land area.
(C) A county board shall receive all requests for modifications of priority agricultural land area proposals which may be submitted by a planning commission, conservation district, county board, landowner, or local governing body.
(D)(1) For a county with a county planning commission:
(a) The county board shall refer requests and proposed modifications to its county planning commission.
(b) The county planning commission, together with its county board, shall review all requests and proposed modifications. The county planning commission shall report to its county council the potential effect of each request and proposed modifications upon the county's planning policies and objectives, including a request's compliance with the county's comprehensive plan.
(2) For a county without a county planning commission, the county board shall review all request and any proposed modifications and report to the county council its recommendations concerning any request and proposed modifications.
Section 46-53-70. (A) The standards, criteria, and requirements established by the state board for state board approval of county programs for purchase of agricultural conservation easements shall include, but are not limited to, the extent to which a county considers and addresses the following when establishing a priority agricultural land area or areas:
(1) landowner support for designation or inclusion;
(2) percentage of soils that are suitable for agricultural production;
(3) percentage of soils classified as prime, unique, or of statewide importance;
(4) amount of pressure to convert land to nonagricultural production purposes;
(5) sufficient size to ensure viability of agricultural production;
(6) existing agricultural production infrastructure investments;
(7) compatibility with comprehensive and zoning plans; and
(8) other relative, economic, or unique factors.
(B) These resource materials must be used in evaluating a priority agricultural land area:
(1) USDA Natural Resources Conservation Service soil surveys and soil information; and
(2) other published data, charts, and relevant information recognized by the department and the USDA Natural Resources Conservation Service.
Section 46-53-80. Upon submission of a report from a county planning commission or, if a county planning commission does not exist, then by a county board, the county board shall hold a public hearing relative to a proposed priority agricultural land area or areas. The county board shall publish a notice of intent to create a priority agricultural land area or areas as specified in Section 46-53-60(B).
Section 46-53-90. (A) A county council, upon completion of the procedures and considerations prescribed in Sections 46-53-60, 46-53-70, and 46-53-80, may adopt a proposal or any modification of a proposal the county council deems appropriate, including the inclusion, to the extent feasible, of adjacent viable agricultural and forest lands and the exclusion, to the extent feasible, of nonviable agricultural and forest lands and nonagricultural and forest lands. The existence of utility facilities on a proposed area does not prevent the adoption of the area as a priority agricultural land area and the rights of utilities with respect to the existing facilities must not be disturbed or affected by the adoption. The county council shall act to adopt or reject each proposal and any modification to each proposal.
(B) Within ten days of a county council's decision to reject or modify a proposal, the county council shall submit to its county board a written decision stating why each proposal was not adopted or was modified. The written decision shall include a finding of fact, review of the evaluation criteria prescribed in Section 46-53-70, and a discussion of reasons for rejection or modification of a proposal.
(C) A priority agricultural land area becomes effective upon the adoption of a proposal or its modification by a county council. If a proposal has included land situated in more than one local government unit, the priority agricultural land area or areas only become effective upon adoption by the local government unit or units of that portion of a proposal or proposed modifications as will meet the requirements of a priority agricultural land area provided in this chapter. Subsequent adoption of the remaining portion immediately establishes that portion as a priority agricultural land area.
(D) After the creation of a priority agricultural land area, a description and map of the area must be on file and maintained by the county board and must be made available to the public.
(E) The addition of land to a priority agricultural land area may occur at any time during the period provided for in Section 46-53-60.
(F) Land situated in an existing priority agricultural land area must be removed from that area upon a request by a landowner for it to be removed. Each county board may designate the form of such a request.
Section 46-53-100. (A) After the establishment of a priority agricultural land area by a county council, the same county council shall authorize its county board to consider landowners' applications for the purchase of agricultural conservation easements from landowners whose land is within the priority agricultural land area.
(B) To qualify under this chapter, an agricultural conservation easement is subject to these terms, conditions, restrictions, and limitations:
(1) The term of an agricultural conservation easement is perpetual except as provided for in item (2).
(2) Unless authorized in accordance with item (5), an agricultural conservation easement may not be extinguished, leased, encumbered, or restricted in whole or in part for a period of thirty years beginning on the date of purchase of the easement.
(3) Unless authorized in accordance with item (5), if the land subject to an agricultural conservation easement is no longer viable agricultural land, the current landowner may petition the county, subject to the approval of its county board and its county council, to sell, convey, extinguish, lease, encumber, or restrict an agricultural conservation easement to the current owner of record of the farmland subject to the easement after the expiration of thirty years from the date of purchase of the easement for a price equal to the value at the time of resale determined pursuant to subsection (D) at the time of conveyance. If state funds were used to purchase an agricultural conservation easement, the state board must also give its approval that the land under easement is no longer viable prior to the county's selling, conveying, extinguishing, leasing, encumbering, or restricting an agricultural conservation easement to the current owner of record of the farmland subject to the easement after the expiration of thirty years from the date of purchase of the easement for a price equal to the value at the time of resale determined pursuant to subsection (D) at the time of conveyance. The purchase price must be payable to the county. Any payment received by a county pursuant to this item must be paid into a county account that may be used only for the purpose of purchasing agricultural conservation easements.
(4) Instruments and documents for the purchase, sale, and conveyance of agricultural conservation easements must be approved by a county board prior to execution and delivery. Proper releases from mortgage holders and lienholders must be obtained and executed to ensure that all agricultural conservation easements are purchased free and clear of all encumbrances.
(5) Whenever a public entity, authority, or political subdivision exercises the power of eminent domain and condemns land subject to an agricultural conservation easement, the condemner shall provide just compensation to the owner of the land in fee and to the owner of the easement as follows:
(a) The owner of the land in fee must be paid the full value which would have been payable to the owner but for the existence of an agricultural conservation easement less the value of an agricultural conservation easement at the time of condemnation.
(b) The owner of the easement must be paid the value of the easement at the time of condemnation.
(6) An agricultural conservation easement does not prevent:
(a) The granting of rights-of-way by the owner of the subject land in and through the land for the installation of, transportation of, or use of water, sewage, electric, telephone, telecommunications, gas, oil, or oil products lines.
(b) Construction and use of structures on the subject land necessary for agricultural production.
(c) Construction and use of structures on the subject land for a landowner's principal residence or for the purpose of providing necessary housing for seasonal or full-time employees.
(d) Customary part-time or off-season minor or rural enterprises and activities which are provided for in the County Priority Agricultural Land program approved by the state board pursuant to Section 46-53-40.
(7) Land subject to an agricultural conservation easement may not be subdivided for any purpose which may harm the viability of the agricultural or forest land for agricultural production. Land may be subdivided prior to the granting of an agricultural conservation easement if subdividing will not harm the viability for agricultural production of the land subject to the easement.
(8) Nothing in this chapter prohibits a member of the state board or county board or his or her immediate family member from selling an agricultural conservation easement under this program if all decisions made regarding easement purchases are subject to Title 8, Chapter 13.
(9) Land subject to an agricultural conservation easement must be covered by a conservation plan approved by a Conservation District.
(10) If an agricultural easement is being purchased on property on which there is an existing lienholder on the property containing the easement, the lienholder also must consent to the purchase of the easement.
(C) The standards, criteria, and requirements established by the state board for state board approval of a county program for purchasing agricultural conservation easements shall include, but are not limited to, the extent to which a county considers:
(1) quality of the agricultural and forest lands subject to a proposed easement, including soils classified as prime, unique, or of statewide importance;
(2) likelihood that the agricultural and forest lands would be converted to nonagricultural production use unless subject to an agricultural conservation easement; areas in the county devoted primarily to agricultural production where development is occurring or is likely to occur in the next twenty years should be identified. For purposes of considering the likelihood of conversion, the existence of a zoning classification of the land is not relevant, but the market for nonagricultural production and forest use or development of agricultural and forest lands is relevant;
(3) sufficient size to ensure viability of agricultural production or to preserve sensitive environmental areas;
(4) proximity of the agricultural and forest lands subject to proposed easements to other agricultural and forest lands in a county which are subject to agricultural conservation easements;
(5) the stewardship of the land and use of conservation practices and best land management practices including, but not limited to, soil erosion and sedimentation control and nutrient management;
(6) ancillary benefits including, but not limited to, enhancement of wildlife habitat, air and water quality, groundwater recharge, preservation of historic or other cultural features and preservation of scenic qualities; and
(7) fair, equitable, objective, and nondiscriminatory procedures for determining purchase priorities.
(D) A county board may select from either of these methods of valuation:
(1) Value may be determined by a numerical point system established by the county board. If a seller disagrees with a county board valuation, a seller has the right to obtain an independent state-certified general real estate appraiser. If a landowner obtains an independent appraiser, the value must be calculated according to the average between the county board's numerical point system and a landowner's appraisal. A landowner's independent appraiser shall establish market value and farm land value in accordance with this chapter.
(2) Value may be established by an appraisal process where a county board shall retain its county assessor to determine market value and farmland value. If a seller disagrees with the appraisal made by the county assessor, a seller has the right to select and retain a separate independent state-certified general real estate appraiser within thirty days of receipt of the appraisal of the county assessor to determine market value and farmland value. The county board shall establish the agricultural value and the nonagricultural value of the property subject to an agricultural conservation easement. The state board may provide for a periodic review by a state-certified general real estate appraiser of appraisals submitted by counties in order to assure that the appraisals were performed in accordance with the standards of appraisal practice.
(a) The agricultural value shall equal the sum of:
(i) the farmland value determined by a seller's appraiser; and
(ii) one-half of the difference between the farmland value determined by the county assessor and the farmland value determined by a seller's appraiser if the farmland value determined by the county assessor exceeds the farmland value determined by a seller's appraiser.
(b) The nonagricultural value shall equal the sum of:
(i) the market value determined by the county assessor; and
(ii) one-half of the difference between the market value determined by a seller's appraiser and the market value determined by the county assessor if the market value determined by a seller's appraiser exceeds the market value determined by the county assessor.
(3) The entire acreage of the agricultural and forest land must be included in the determination of the value of an agricultural conservation easement less the value of any acreage which was subdivided prior to the granting of the easement. A county assessor or a seller's appraiser shall take into account the potential increase in the value of the subdivided acreage because of the placement of the easement on the remaining agricultural and forest land.
(E) The price paid for purchase of an agricultural conservation easement in perpetuity may not exceed the difference between the nonagricultural value and the agricultural value determined pursuant to subsection (D) of this section at the time of purchase, unless the difference is less than a county board's original appraised value, in which case the county board's original easement value may be offered. The purchase price may be paid in a lump sum, in installments over a period of years, or in any other lawful manner of payment. If payment is to be made in installments or another deferred method, a person selling an easement may receive, in addition to the selling price, interest in an amount or at a rate set forth in the agreement of purchase, and final payment of all money must be made within, and no later than, five years from the date an agricultural conservation easement purchase agreement was fully executed. The county may provide for payments on an installment or other deferred basis and for interest payments by investing its allocation of state money for purchases approved under subsection (F) of this section in securities deposited into an irrevocable escrow account or in another manner provided by law.
(F) State funds to be used to support county programs shall be disbursed as follows:
(1) The state board shall disburse thirty-three percent of the total amount of state funds evenly among those counties which have eligible programs. If these funds are not expended by a county within one year of their disbursal, the county must remit the remainder of its allocation to the state board which shall disburse it to the remaining eligible counties on a competitive basis using guidelines established by the state board.
(2) The remaining sixty-seven percent of the total amount of state funds must be disbursed among eligible counties on a competitive basis using guidelines established by the state board.
Section 46-53-110. Notwithstanding any provision of this chapter, upon approval of the state board a county purchase of development rights program in existence on July 1, 1999, is eligible to receive state funds disbursed in accordance with this chapter.
Section 46-53-120. (A) The Priority Agricultural Land Trust Fund of South Carolina is created for the purpose of receiving gifts, grants, contributions, and other proceeds for the purchase of conservation easements in the State. The State Priority Agricultural Land Board is vested with full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.
(B) The Priority Agricultural Land Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value.
(C) The income received and accruing from the fund must be spent only on the purchase of agricultural conservation easements.
(D) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State.
Section 46-53-130. (A) In conjunction with a county board, any affected municipality, and a county planning commission, if one exists, a county council shall review the status of all priority agricultural land areas created under Section 46-53-90 in accordance with the time frame for the program review section in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 for the purpose of continuing, modifying, or terminating a priority agricultural area.
(B) If a municipality annexes land which includes any part of a priority agricultural land area, that portion of the priority agricultural land area that has been annexed may not be terminated except upon a majority vote of the governing body of the municipality.
Section 46-53-140. (A) A municipality or political subdivision within which a priority agricultural land area or areas are created shall encourage the continuity, development, and viability of agricultural production within a priority agricultural land area by not enacting local laws or ordinances which would unreasonably restrict agricultural production within a priority agricultural land area in contravention of the purposes of this chapter unless the restrictions or ordinances bear a direct relationship to the public health or safety.
(B) A municipal or political subdivision law or ordinance defining or prohibiting a public nuisance shall exclude from the definition of a nuisance any agricultural production activity within a priority agricultural land area as permitted by this chapter if the agricultural activity or operation does not bear a direct relationship to the public health and safety.
Section 46-53-150. All state agencies shall encourage the maintenance of viable agricultural production in priority agricultural land areas.
Section 46-53-160. No political subdivision, authority, public utility, or other body having or exercising powers of eminent domain shall condemn any land within a priority agricultural land area for any purpose without notifying the county board of the county in which the condemnation is to take place.
Section 46-53-170. The State and political subdivisions of the State may appropriate and expend tax revenues for the public purposes provided by this chapter and, consistent with the requirements of Article X, Sections 13 and 14 of the Constitution of this State, may incur bonded indebtedness for the public purposes of this chapter. However, a county may not impose impact fees to fund the purposes provided for in this chapter or to carry out its duties and responsibilities under this chapter.
Section 46-53-180. The state board shall submit to the General Assembly an annual report based on each eligible county. The report shall include, but is not limited to, the:
(1) location of priority agricultural land areas and agricultural conservation easements in the State;
(2) number of acres throughout the State which are located within priority agricultural land areas;
(3) number of acres throughout the State which are subject to agricultural conservation easements;
(4) number of agricultural conservation easements in the State;
(5) number and value of agricultural conservation easements purchased by the counties including the number and value of purchases made during the preceding fiscal year of the State;
(6) identity of counties participating in the state program for purchasing agricultural conservation easements;
(7) dollar value of the annual appropriation made by counties for the purchase of agricultural conservation easements;
(8) quality of the agricultural and forest lands subject to agricultural conservation easement, including the soil classifications and productivity of the agricultural and forest lands;
(9) nature, scope, and extent of development activity within the area where agricultural conservation easements have been purchased;
(10) nature and extent of conservation practices and best land management practices including, but not limited to, soil erosion and sedimentation control and nutrient management practices, which are practiced on farmlands subject to agricultural conservation easements; and
(11) total number of recommendations filed by counties for purchase of agricultural conservation easements and the number approved and disapproved and the reasons for disapproval.
Section 46-53-190. (A) In a county where there is a priority agricultural land area, a landowner within that area who seeks to site or expand a permitted animal feeding operation as defined in Title 47 within the priority agricultural land area must satisfy the Department of Health and Environmental Control (DHEC) siting and management regulations for the permitted operation.
A landowner seeking to site an animal feeding operation shall notify homeowners residing on adjoining property within one thousand feet of the facility through certified mail. The applicant must use a notice of intent form provided by DHEC. This notice of intent must advise adjoining homeowners residing on adjoining property of the producer's intent to build an animal facility and that they can send comments on the proposed animal facility directly to DHEC. DHEC shall review all comments received. If DHEC determines significant comment exists, a meeting must be held to discuss and seek resolution to the concerns prior to a permit decision being made. All persons who have submitted written comments must be invited in writing to the meeting. Certified mail to the address of a person to be notified must be used by DHEC for the meeting invitation. Agreement of the parties is not required for DHEC to make a permit decision.
A landowner who seeks to expand a permitted animal feeding operation is not required to provided further notification for expansion.
(B) A county ordinance pertaining to the siting or management of animal feeding operations may not exceed the requirements of DHEC regulations for an operation located within a priority agricultural land area.
Section 46-53-200. If the property, or any portion of the property, has been designated as a priority agricultural land area, the landowner, within six months of the land being included within the priority agricultural land area, shall submit an affidavit to the register of deeds which includes the property description and tax map number and states that the property, or a portion of the property, has been designated as a priority agricultural land area.
Section 46-53-210. The department shall promulgate regulations necessary to promote the efficient, uniform, and statewide administration of this chapter."/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators MATTHEWS, WASHINGTON and HUTTO proposed the following Amendment No. 167A (4775R182.JWM), which was adopted (#57):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
/ SECTION ___.
TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8, SO AS TO PROVIDE FOR THE EXPENDITURE OF STATE AND FEDERAL FUNDS BY THE STATE OFFICE OF LOCAL GOVERNMENT, WHICH IS CREATED FROM SEVERAL OFFICES OF STATE GOVERNMENT; TO PROVIDE THAT STATE AND FEDERAL FUNDS BE DISTRIBUTED BY A GRANTS PROGRAM FOR LOCAL GOVERNMENTS; TO PROVIDE THAT FUNDS ALLOCATED TO THE LOCAL GOVERNMENT OFFICE SHALL ONLY BE USED FOR PURPOSES OF THIS ARTICLE; TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE STATE OFFICE OF LOCAL GOVERNMENT; TO PROVIDE THAT THE GOVERNOR APPOINT THE DIRECTOR OF THE STATE OFFICE OF LOCAL GOVERNMENT WITH THE ADVICE AND CONSENT OF THE SENATE; AND TO PROVIDE THAT THE DIRECTOR MAY BE REMOVED FOR CAUSE UNDER CERTAIN CIRCUMSTANCES.
A. Chapter 3, Title 1 of the 1976 Code is amended by adding:
State Office of Local Government
Section 1-3-510. (A) The State Office of Local Government is established as an administrative agency of state government which is comprised of the State Office of Local Government, formerly provided for in the Budget and Control Board and the Division of Regional Development, pursuant to Chapter 42 of Title 11.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the Office of Local Government and the Division of Regional Development existing on the effective date of this act are transferred to and devolved upon the State Office of Local Government together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the office in accordance with the Administrative Procedures Act, or as otherwise provided.
Section 1-3-520. (A) The Governor shall appoint the director of the Office of Local Government with the advice and consent of the Senate. The director shall report to the Governor and shall be independent of any other state agency. The director shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act. The director may only be removed by an executive order of the Governor pursuant to the provisions of Section 1-3-240(C), with the consent of the Senate.
(B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act. The director may also contract for any services necessary for the efficient operation of the office.
(C) The personnel employed by the Office of Local Government shall serve at the pleasure of the director.
Section 1-3-530. The Office of Local Government is responsible for certifying grants to local governments from both federal and state funds. The office shall establish criteria, eligibility guidelines and procedures which local and regional governments must follow when applying for grants. The director shall publish a list of all grants available to local and regional governments through the office and shall make annual reports to the General Assembly and the Governor. The annual reports shall contain information concerning the amount of funds available from both federal and state sources, request for grants and the status of the requests, a list of grant recipients including dollar amounts awarded and amount of local match required for the grant.
Section 1-3-540. (A) Grant funds received by a county, municipality, political subdivision, or other entity from the Office of Local Government must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursements may be made from this fund only upon the written authorization of the individual who signed the grant application filed with the office, or his successor, and only for the purposes specified in the grant application. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(B) It is not a defense to an indictment alleging a violation of this section that grant funds received from the Office of Local Government were used by a grantee or subgrantee for governmental purposes other than those specified in the grant application or that the purpose for which the grant was made by the Office of Local Government was accomplished by funds other than grant funds.
(C) The Office of Local Government shall furnish a copy of this section to a grantee when the grant is awarded.
Section 1-3-550. Notwithstanding any other provision of law, the funds appropriated and allocated by the General Assembly for the Office of Local Government shall only be used for the purposes of this article unless otherwise directed by an act of the General Assembly.
B. This act takes effect upon approval by the Governor. /
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Senator MATTHEWS explained the amendment.
The amendment was adopted.
At 9:55 P.M., Senator REESE assumed the Chair.
Senator FAIR proposed the following Amendment No. 224 (BBM/9629HTC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 12-6-5060, AS AMENDED, OF THE 1976 CODE, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY DESIGNATIONS ON SOUTH CAROLINA INDIVIDUAL INCOME TAX RETURNS, SO AS TO PROVIDE A CONTRIBUTION DESIGNATION FOR EMERGENCY MEDICAL SERVICES IN THE COUNTY WHERE THE TAXPAYER RESIDES.
A. Section 12-6-5060(A) of the 1976 Code, as last amended by Act 99 of 1999, is further amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina as created by Section 20-7-5010, or the Eldercare Trust Fund of South Carolina as created by Section 43-21-160, or the First Steps to School Readiness Fund as created by Section 20-7-9740, or to county emergency medical services (EMS) programs by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. Amounts contributed for EMS services must be remitted to the taxpayer's county of residence and used exclusively for emergency medical services. Where county residency cannot be determined, or the taxpayer is a nonresident, that taxpayer's contribution must be distributed to counties in the proportion that each county receives of the total contributions."
B. This section takes effect July 1, 2000. /
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Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 236 (4775R185.JWM), which was adopted (#58):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 44-56-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS FROM FEES COLLECTED FROM HAZARDOUS WASTE DISPOSAL ARE DISTRIBUTED AND TO REPEAL SUBSECTION C., SECTION 63, PART II, ACT 100 OF 1999.
A. Section 44-56-170(F) of the 1976 Code is amended to read:
"(F)(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled 'Hazardous Waste Fund County Account'.
(2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State.
(b) Effective July 1, 2000, the provisions of subitem (a) shall no longer be effective and the fee must be allocated in the following manner: fifty percent to the county where the incineration of the hazardous waste generating the fee occurred and fifty percent to the general fund of the State.
(3) Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county.
(4)(a) For purposes of this subsection, 'county legislative delegation' includes only those members who represent the economically depressed areas of the county.
(b) For purposes of this subsection, 'incineration' includes hazardous waste incinerators, boilers, and industrial furnaces.
(c) For the purpose of this subsection 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1 i) improvements to both public water and sewer systems;
(2 ii) improvements to public electric, natural gas, and telecommunication systems; and
(3 iii) fixed transportation facilities including highway, road, rail, water, and air."
B. For purposes of Section 44-56-170(F), the phrase 'economically depressed area of that county' means:
(1) within Orangeburg County, the entire area of the county;
(2) within Dorchester County, the area comprising School District 4; and
(3) for any other county, an area designated by the county governing body.
C. Subsection C. of SECTION 63 of Part II, Act 100 of 1999 is repealed.
D. This section takes effect July 1, 2000. /
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Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 249A (4775R216.JWM), which was adopted (#59A):
Amend the bill, as and if amended, Part IA, Section 23A, South Carolina State University, page 221, by adding after line 16 the following:
COLUMN 7 COLUMN 8
/ S.C. State University - PSA
1890 Leadership Institution
/Regulatory & Public Service 122,000 122,000 /
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The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 239 (3935M00.DOC), which was adopted (#60):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 48-1-230 OF THE 1976 CODE, RELATING TO DISPOSITION OF FUNDS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO AUTHORIZE THE DEPARTMENT TO RETAIN TWO HUNDRED FIFTY THOUSAND DOLLARS FROM FINES IMPOSED PURSUANT TO THIS ACT FOR STORMWATER AND CRITICAL AREAS PERMITTING AND REGULATION.
Section 48-1-230 of the 1976 Code is amended to read:
"Section 48-1-230. Any funds appropriated to or received by the department shall be deposited in the State Treasury as provided by law; however, the department may retain two hundred fifty thousand dollars from fines imposed pursuant to this chapter for stormwater and critical areas permitting and regulation. Such Funds shall must be paid out on warrants issued by the State as prescribed by law, but only on order of the authorized representatives of the department and in accordance with an annual budget or amendments thereto to the budget approved by the department at an official meeting, such order being the authority of the proper fiscal officials of the State for making payment./
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The amendment was adopted.
Senators MARTIN, RYBERG, MARTIN, LEATHERMAN, GIESE, WILSON, WALDREP, BRANTON, GROOMS, PEELER, BAUER, RICHARDSON, COURSON, ALEXANDER, FAIR, THOMAS, RUSSELL, MESCHER and GREGORY proposed the following Amendment No. 250 (9613HTC00.DOC), which was ruled out of order:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION at the end to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER; AND TO PROVIDE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS ACT BY FUNDS APPROPRIATED TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION FOR FISCAL YEAR 2000-2001 IN PART IB, SECTION 50 OF THIS ACT.
A. The 1976 Code is amended by adding:
"Section 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.
(B) The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.
(C) If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
B. The 1976 Code is amended by adding:
"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."
C. Section 41-7-30 of the 1976 Code is amended to read:
"Section 41-7-30. (A) It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:
(1) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;
(2) To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or
(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.
(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.
(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."
D. Section 41-7-40 of the 1976 Code is amended to read:
"Section 41-7-40. Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."
E. Section 41-7-90 of the 1976 Code is amended to read:
"Section 41-7-90. (A) A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these or in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.
(B) Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."
F. The Department of Labor, Licensing, and Regulation, from funds appropriated to it for its operations in fiscal year 2000-2001 in Part IA, SECTION 50 of this act, shall implement and enforce the provisions of this section. /
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Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators RYBERG and FORD spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator McCONNELL proposed the following Amendment No. 255 (21397SD00.DOC), which was adopted (#61):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 54-7-110 SO AS TO PROVIDE THAT THE HUNLEY COMMISSION AND THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION IN ANY FILM EITHER MAKES RELATING TO THE HUNLEY INCLUDING, BUT NOT LIMITED TO, THE RECOVERY OF THE HUNLEY WHICH IS FURNISHED TO ANOTHER PARTY FOR OTHER THAN A CONTRACTUAL FEE SHALL INSERT IN APPROPRIATE PLACES AT THE BOTTOM AND END OF THE FILM A SPECIFIED CAPTION.
The 1976 Code is amended by adding:
"Section 54-7-110. The Hunley Commission and the South Carolina Educational Television Commission on any film either makes relating to H. L. Hunley including, but not limited to, the recovery of the Hunley which is furnished to another party for other than a contractual fee shall insert in appropriate places at the bottom and end of the film a caption stating that the film taken by the Hunley Commission or the Educational Television Commission is 'Provided courtesy of the Hunley Commission or the South Carolina Educational Television Commission and any person interested in making a donation for the preservation and exhibition of the Hunley may send it to The Hunley Commission, Post Office Box 142, Columbia, South Carolina 29202'."/
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Senator McCONNELL explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LEVENTIS and GIESE proposed the following Amendment No. 268 (12117AC00.DOC), which was adopted (#62):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 37-2-307 SO AS TO REQUIRE MOTOR VEHICLE DEALERS CHARGING CLOSING FEES ON SALES CONTRACTS TO PAY A ONCE YEARLY REGISTRATION FEE TO THE DEPARTMENT OF CONSUMER AFFAIRS AND TO REQUIRE CLOSING COSTS TO BE DISCLOSED IN ADVERTISED CAR PRICES AND IN THE SALES CONTRACT AND TO BE DISPLAYED IN THE DEALERSHIP.
"Section 37-2-307. Every motor vehicle dealer charging closing fees on a motor vehicle sales contract shall pay a one-time registration fee of ten dollars during each state fiscal year to the Department of Consumer Affairs. The closing fee must be included in the advertised price of the motor vehicle, disclosed on the sales contract, and displayed in a conspicuous location in the motor vehicle dealership."/
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Senator LAND explained the amendment.
The amendment was adopted.
Senators PATTERSON and PASSAILAIGUE proposed the following Amendment No. 174 (18440SOM00.DOC), which was adopted (#63):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 24-3-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO PROVIDE THAT THE MONIES DEPOSITED WITH THE STATE TREASURER IN A SPECIAL ACCOUNT TO SUPPORT VICTIM ASSISTANCE PROGRAMS MUST BE DEPOSITED IN A SPECIAL ACCOUNT FOR THE USE OF THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE VICTIM COMPENSATION, PROGRAM DEVELOPMENT, TRAINING, AND ADMINISTRATIVE SUPPORT; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ASSESSMENTS IN GENERAL SESSIONS, FAMILY, MAGISTRATES, AND MUNICIPAL COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY OR MUNICIPALITY, AS APPLICABLE, IN A SUPPLEMENTARY SCHEDULE OF THE ANNUAL EXTERNAL AUDIT; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IN GENERAL SESSIONS COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY IN A SUPPLEMENTARY SCHEDULE BY THE ANNUAL EXTERNAL AUDIT.
A. Section 24-3-40(A)(2) of the 1976 Code, as last amended by Act 68 of 1999, is further amended to read:
"(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be applied to the South Carolina Victims Compensation Fund directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410."
B. Section 14-1-206(E)(1) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:
(a) all fines collected by the clerk of court for the court of general sessions;
(b) all assessments collected by the clerk of court for the court of general sessions;
(c) the amount of fines retained by the county treasurer;
(d) the amount of assessments retained by the county treasurer; and
(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.; and
(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward."
C. Section 14-1-207(E)(1) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:
(a) all fines collected by the magistrate's court;
(b) all assessments collected by the magistrate's court;
(c) the amount of fines retained by the county treasurer;
(d) the amount of assessments retained by the county treasurer; and
(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.; and
(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward."
D. Section 14-1-208(E)(1) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:
(a) all fines collected by the clerk of court for the municipal court;
(b) all assessments collected by the clerk of court for the municipal court;
(c) the amount of fines retained by the municipal treasurer;
(d) the amount of assessments retained by the municipal treasurer; and
(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.; and
(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward."
E. Section 14-1-211(D)(1) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(1) The supplementary schedule must include the following elements:
(a) all surcharges collected by the clerk of court for the general sessions, magistrate's, or municipal court;
(b) the amount of surcharges retained by the city or county treasurer pursuant to this section; and
(c) the amount of funds allocated to victim services by fund source.; and
(d) how those funds were expended, and any carry forward balances." /
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Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 269 (DKA\3891MM00), which was tabled:
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-43 SO AS TO REQUIRE EVERY STATE AGENCY EMPLOYING PERSONS TO PERFORM THE FUNCTIONS OF LAW ENFORCEMENT OFFICERS TO APPLY FOR ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM.
Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:
"Section 9-11-43. Notwithstanding the provisions of Section 9-11-40(1)(a), every state agency employing persons to perform the functions of law enforcement officers as defined in Section 23-6-400(D)(1) shall apply to the board for admission to the system. The application must be filed with the board no later than November 15, 2000." /
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Amend title to conform.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators McCONNELL and THOMAS proposed the following Amendment No. 278 (3948MM00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND ARTICLE 1, CHAPTER 21, TITLE 59 OF THE 1976 CODE BY ADDING SECTION 59-21-180 SO AS TO PROVIDE FOR THE APPROPRIATION TO AND DISTRIBUTION OF STATE FUNDS FOR LOCAL SCHOOL DISTRICT SALARY AND BENEFITS SUPPLEMENTS.
Article 1, Chapter 21, Title 59 of the 1976 Code is amended by adding:
"Section 59-21-180. State funds appropriated by the General Assembly for school district salary supplements and benefits supplements must be allocated to individual school districts based on the Education Finance Act formula. A local match is not required." /
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Senator McCONNELL explained the amendment.
At 10:20 P.M., the PRESIDENT assumed the Chair.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Ford Glover Hayes Hutto Jackson Land Leventis Matthews Moore Patterson Rankin Reese Setzler Short Waldrep Washington
Alexander Bauer Branton Giese Gregory Grooms * Martin McConnell Mescher Passailaigue Peeler Ravenel * Richardson Russell Ryberg Thomas Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 294 (9624HTC00.DOC), which was adopted (#64):
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT THE FIVE PERCENT ASSESSMENT RATIO APPLICABLE TO COMMERCIAL FISHING BOATS LICENSED BY THE DEPARTMENT OF NATURAL RESOURCES EXTENDS TO BOATS ON OR FROM WHICH COMMERCIAL FISHING EQUIPMENT LICENSED BY THAT DEPARTMENT IS USED.
A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such the property except that commercial fishing boats shall must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats used exclusively for commercial fishing, shrimping, or crabbing and (1) licensed by the Department of Natural Resources, or (2) on or from which is used commercial fishing equipment licensed by, the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing."
B. This section applies for property tax years beginning after 1999. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators LEVENTIS, MOORE, COURSON and HUTTO proposed the following Amendment No. 307A (4775R054.PPL), which was adopted (#65A):
Amend the bill, as and if amended, Part II, by adding a new SECTION to read:
TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Whereas, the Atlantic Interstate Low-Level Radioactive Waste Compact (Atlantic Compact), currently consisting of the states of Connecticut and New Jersey, was created in response to a federal law that encourages states to form interstate compacts for the disposal of low-level radioactive waste and allows them to restrict the amount of out-of-region waste received; and
Whereas, the Atlantic Compact and South Carolina have agreed that South Carolina's membership in the compact would achieve certain objectives important to both the current member states and to South Carolina; and
Whereas, membership by South Carolina in the Atlantic Compact will empower the State to control access to the state's low-level radioactive waste disposal facility located in Barnwell County by waste generators outside the compact region. Now, therefore,
A. Title 48 of the 1976 Code is amended by adding:
Atlantic Interstate Low-Level Radioactive Waste Compact
Implementation Act
Section 48-46-10. This chapter may be cited as the 'Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act'.
Section 48-46-20. The purpose of this act is to establish South Carolina as a member of the Atlantic Low-Level Radioactive Waste Compact, known in federal statute as the 'Northeast Interstate Low-Level Radioactive Waste Management Compact' and to authorize and direct specific processes and procedures that are necessary to implement South Carolina's responsibilities in the compact.
Section 48-46-30. As used in this chapter, unless the context clearly requires a different construction:
(1) 'Allowable costs' means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations. (2) 'Atlantic Compact' means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the 'Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985', Public Law 99-240, Title II. Use of the term 'Atlantic Compact' does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact.
(3) 'Atlantic Compact Commission' or 'compact commission' means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina.
(4) 'Board' means the South Carolina Budget and Control Board or its designated official.
(5) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(6) 'Disposal rates' means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components.
(7) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(8) 'Facility operator' means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina.
(9)'Generator' means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste.
(10) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
(11) 'Nonregional generator' means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(12) 'Nonregional waste' means waste produced by a nonregional generator.
(13) 'Person' means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states.
(14) 'Price schedule' means disposal rates.
(15) 'PSC' means the South Carolina Public Service Commission.
(16) 'Receipts' means the total amount of money collected by the site operator for waste disposal over a given period of time.
(17) 'Regional disposal facility' means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility.
(18) 'Regional generator' means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(19) 'Regional waste' means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste.
(20) 'Site operator' means a facility operator.
(21) 'South Carolina generator' means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal.
(22) 'Waste' means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility.
Section 48-46-40. (A)(1) The board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State. The approval of disposal rates pursuant to this Chapter is neither a regulation nor the promulgation of a regulation as those terms are specially used in Title 1, Chapter 23.
(2) The board shall adopt a maximum uniform rate schedule for regional generators containing disposal rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates excluding any access fees and including a specification of the methodology for calculating fees for large components, generally applicable to regional generators on September 7, 1999. Any disposal rates contained in a valid written agreement that were applicable to a regional generator on September 7, 1999, that differ from rates in the maximum uniform rate schedule will continue to be honored through the term of such agreement. The maximum uniform rate schedule approved under this section becomes effective immediately upon South Carolina's membership in the Atlantic Compact. The maximum uniform rate schedule shall be the rate schedule applicable to regional waste whenever it is not superseded by an adjusted rate approved by the board pursuant to paragraph (3) of this subsection or by special disposal rates approved pursuant to paragraph (5) or (6)(E) of this subsection.
(3) The board may at any time of its own initiative, at the request of a site operator, or at the request of the compact commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4), may not exceed initial disposal rates set by the board pursuant to subsection (2).
(4) In March of each year the board shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the board, or a successor index.
(5) In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the state or other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the board, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a regional generator is lower than a disposal rate approved by the board for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator's disposal rate exceeds any other regional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board and the compact commission.
(6)(a) To the extent authorized by the compact commission, the board on behalf of the State of South Carolina may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the board is authorized by the compact commission to enter into agreements for importation of waste.
The board shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste:
(1) 160,000 cubic feet in fiscal year 2001; (2)
(3) 80,000 cubic feet in fiscal year 2002; (4)
(5) 70,000 cubic feet in fiscal year 2003; (6)
(7) 60,000 cubic feet in fiscal year 2004; (8)
(9) 50,000 cubic feet in fiscal year 2005; (10)
(11) 45,000 cubic feet in fiscal year 2006; (12)
(13) 40,000 cubic feet in fiscal year 2007; (14)
(15) 35,000 cubic feet in fiscal year 2008. (16)
After fiscal year 2008, the board shall not authorize the importation of nonregional waste for purposes of disposal.
(b) The board may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors.
(c) Absent action by the board under subsection (b) above to establish disposal rates for nonregional generators, rates applicable to these generators must be equal to those contained in the maximum uniform rate schedule approved by the board pursuant to paragraph (2) or (3) of this subsection for regional generators unless these rates are superseded by special disposal rates approved by the board pursuant to paragraph (6)(E) of this subsection.
(d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter.
(e) In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board. Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the board, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a nonregional generator is lower than a disposal rate approved by the board for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board and the compact commission.
(B)(1) Effective upon the implementation of initial disposal rates by the board under Section 48-46-40(A), the PSC is authorized and directed to identify allowable costs for operating a regional low-level radioactive waste disposal facility in South Carolina.
(2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall:
(a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;
(b) obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;
(c) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and
(d) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings.
(3) Allowable costs include the costs of those activities necessary for:
(a) the receipt of waste;
(b) the construction of disposal trenches, vaults, and overpacks;
(c) construction and maintenance of necessary physical facilities;
(d) the purchase or amortization of necessary equipment;
(e) purchase of supplies that are consumed in support of waste disposal activities;
(f) accounting and billing for waste disposal;
(g) creating and maintaining records related to disposed waste;
(h) the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits;
(i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund;
(j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies;
(k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60;
(l) taxes other than income taxes;
(m) licensing and permitting fees; and
(n) any other costs directly associated with disposal operations determined by the PSC to be allowable.
Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable.
(4) Within 90 days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.
(5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities.
(6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7).
(7) (a) If the board, upon the advice of the compact commission or the site operator, concludes based on information provided to the board, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the board shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs during the suspension of operations. Any such proposal to suspend operations must be approved by the Department of Health and Environmental Control with respect to safety and environmental protection.
(b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the board based on revised budgets submitted by the PSC, State Treasurer, and the compact commission.
(c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the board shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter.
(d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section.
(8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.
(9) In all proceedings held pursuant to this section, the board shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.
(10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceeding under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.
(11) At any time the compact commission, the board, or any generator subject to payment of rates set pursuant to this chapter may file a complaint against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint, the PSC shall cause a copy of the complaint to be served upon the site operator. The complaining party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.
(12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.
(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the board within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.
(D)(1) Within 30 days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer.
(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the board must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The board shall as soon as practicable authorize a surcharge on waste disposed in an amount that will fully compensate the fund for the reimbursement to the site operator. In the event that total revenues for a fiscal year do not cover allowable costs plus the operating margin, or quarterly reports submitted pursuant to subsection (C) indicate that such annual revenue may be insufficient, the board shall consult with the compact commission and the site operator as early as practicable on whether the provisions of Section 48-46-40(B)(7) pertaining to suspension of operations during periods of insufficient revenues should be invoked.
(E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows:
(1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the State Treasurer, and the board for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.
(3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Notwithstanding the method of allocation from the Children's Education Endowment Fund provided for in Section 59-143-10, the first $24 million of any such deposits for low-level radioactive waste disposed in a fiscal year shall be allocated for Higher Education Scholarship Grants and the remainder allocated to the 'Public School Facility Assistance Fund'.
Section 48-46-50. (A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the board, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws.
(B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility.
(C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey.
(D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste:
(1) 160,000 cubic feet in fiscal year 2001;
(2) 80,000 cubic feet in fiscal year 2002;
(3) 70,000 cubic feet in fiscal year 2003;
(4) 60,000 cubic feet in fiscal year 2004;
(5) 50,000 cubic feet in fiscal year 2005;
(6) 45,000 cubic feet in fiscal year 2006;
(7) 40,000 cubic feet in fiscal year 2007;
(8) 35,000 cubic feet in fiscal year 2008.
South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008.
Section 48-46-60. (A) The Governor and the board are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions:
(1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions;
(2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with 5(b) of this section;
(3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region;
(4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter;
(5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:
(a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board. Upon approval of the Barnwell County governing body and the board, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;
(b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission;
(c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and
(d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.
(B) The board, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the board in accordance with the board's directions. All such surcharges shall be included within the disposal rates set by the board pursuant to Section 48-46-40.
(C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the board at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the board in accordance with the board's directions, and the board shall remit those fees to the compact commission.
Section 48-46-70. The Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985) as it existed on the date this act was enacted, is hereby incorporated by reference, and all terms and conditions contained therein shall have full force and effect as if set forth herein in their entirety. In addition to the express limitations on non-host state and compact commission liability provided in the Northeast Interstate Low-Level Radioactive Waste Management Compact, South Carolina will indemnify the Atlantic Compact Commission or any of the other party states for any damages incurred solely because of South Carolina's membership in the compact and for any damages associated with any injury to persons or property during the institutional control period resulting from the radioactive and waste management operations of the regional facility.
Section 48-46-80. Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control may adjust the radioactive materials license fee for Low-Level Radioactive Waste Shallow Land Disposal in Regulation 61-30 in an amount that will offset changes to its annual operating budget caused by projected increases or decreases in the number of permittees expected to pay fees for Radioactive Waste Transport Permits under the same regulation for shipment of low-level radioactive waste for disposal within the State.
Section 48-46-90. (A) In accordance with Section 13-7-30, the board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring.
(B) Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and Environmental Control to regulate activities involving radioactive materials and radioactive wastes."
B. Section 13-7-10 of the 1976 Code, as last amended by Act 552 of 1990, is further amended by adding at the end:
"(10) 'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(11) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(12) 'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control including pumping and treatment of groundwater and the repair and replacement of disposal unit covers."
C. Section 13-7-30 of the 1976 Code, as last amended by Section 70A, Part II, Act 501 of 1992, is further amended to read:
"Section 13-7-30. For purposes of this article, the State Budget and Control Board, hereinafter in this section referred to as the board, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management of all state sinking funds, insurance, and analogous fiscal matters that are relevant to state properties:
(1) expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this paragraph section are limited to the specific purposes of this article;
(2) lease, sublease, or sell real and personal properties to public or private bodies;
(3) assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the board protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities;
(4) assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, or when the license for the facility is ultimately transferred to an agency of the State, and whenever the federal government or any agency of the federal government has not assumed the responsibility.
In order to finance such extended custody and maintenance as the board may undertake, the board may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the board's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the board, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated 'extended care maintenance fund', to be disbursed on authorization of the board. Monies in the extended care maintenance funds must be invested by the board in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. Except as authorized in Section 48-46-40(B)(7)(b) and (D)(2), The the extended care maintenance fund must be used exclusively for custodial, surveillance, and maintenance costs during the period of institutional control or for otherwise satisfying custodial and maintenance obligations and during any post-closure and observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site. Funds from the extended care maintenance fund shall not be used for site closure activities or for custodial, surveillance, and maintenance performed during the post-closure observation period until all funds in the decommissioning trust account are exhausted. (5) Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material.
(6) In accordance with SECTION 48-47-100 (2), impose, collect, and disburse special fees or surcharges on all users of any regional low-level radioactive waste disposal facility to provide for annual funding of the Southeast Low-Level Radioactive Waste Management Compact Commission.
(7)(a) The State Budget and Control Board shall assess surcharges and penalty surcharges on nonsited waste received at the regional disposal facility. The surcharges are imposed to the maximum extent permitted by SECTION 5(d)(1) of Public Law 99-240 unless a lesser amount is authorized upon recommendation of the Budget and Control Board and upon approval of the General Assembly by Joint Resolution. The Department of Health and Environmental Control shall notify the operator whenever a generator is to be assessed a penalty surcharge or whenever the assessment of a penalty surcharge is to be terminated.
(b) For the purposes of this item:
(1) "Sited region" means a Low-Level Radioactive Waste Compact region established under Public Law 96-573 in which there is located one of the following regional disposal facilities: Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.
(2) "Regional disposal facility" means the nonfederal low-level radioactive waste disposal facility located in Barnwell County, South Carolina.
(3) "Surcharge" means the per cubic foot charge authorized by SECTION 5(d)(1) of Public Law 99-240.
(4) "Penalty surcharge" means the additional per cubic foot charge required by SECTION 5(e)(2) of Public Law 99-240.
(5) "Surcharge funds" means those funds collected by the operator in payment for the surcharges and penalty surcharges assessed as provided herein.
(6) "Operator" means the person who operates the regional disposal facility.
(7) The definitions contained in Chapter 47 of Title 48 are applicable to this section.
(8) "Nonsited waste" means waste generated outside the sited regions, as provided in SECTION 5 of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240.
(c) On the fifteenth day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the first day of the preceding month. On the last day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the fifteenth day of the preceding month.
On the fifteenth and last day of each month, the operator shall report to the department of Health and Environmental Control any generator who fails to reimburse the operator, within sixty days of receipt of the waste at the site, for the surcharge funds paid by the operator. Any generator who fails to pay the surcharge funds within such sixty-day period is denied access to the site. Access is reinstated upon satisfaction of the following conditions: (1) certification by the department that all outstanding surcharges and penalty surcharges have been paid; and (2) prepayment of surcharges for all future deliveries to the site.
(d) The State Treasurer on a monthly basis shall remit to the United States Secretary of Energy twenty-five percent of the surcharge funds collected as required by SECTION 5(d)(2)(A) of Public Law 99-240 as the Treasurer in conjunction with the United States Department of Energy shall determine. No portion of any penalty surcharges may be remitted to the United States Secretary of Energy.
(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law must be deposited in the general reserve fund of the State. If the amount deposited exceeds the amount necessary to fund the general reserve fund of the State on a fiscal year basis, then such funds must be deposited in the general fund of the State.
(f) Upon enactment of this item, the State Treasurer shall transfer to the Secretary of Energy of the United States twenty-five percent of the ten dollars a cubic foot fee collected by the operator since March 1, 1986, pursuant to the direction of the State Budget and Control Board. The remaining portion of such fees previously collected must be deposited to the general fund of the State.
(g) The Budget and Control Board and the operator shall furnish the Department of Health and Environmental Control with all necessary information required by the department to monitor and enforce the compliance provisions of Public Law 99-240."
D. The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern.
E. Title 48, Chapter 48 of the 1976 Code is repealed effective upon the date of South Carolina's membership in the Atlantic Compact, except that Section 48-48-140(F) is repealed effective July 1, 2000. The contingent annual license tax for fiscal year 1999-2000 under Section 48-48-140(F) shall remain due and payable as described in that section for that fiscal year. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then Section 48-48-140(F) shall be reinstated as of October 1, 2000, except that the tax for fiscal year 2000-2001 shall be $18 million. In the fiscal year that the site operator ceases to accept waste for disposal in preparation for permanent closure, the contingent annual license tax under Section 48-48-140(F) will be paid to the State on a pro rata basis for each quarter that the site is accepting waste for disposal. The tax does not apply when the site is in a closure mode.
F. Chapter 7, Title 13 of the 1976 Code is amended to read:
Governor's Nuclear Advisory Council
Section 13-7-810. There is hereby established a Governor's Nuclear Advisory Council which shall be responsible to and report to the Governor.
Section 13-7-820. The duties of the council, in addition to such other duties as may be requested by the Governor, shall be:
(1) to provide advice and recommendations to the Governor on issues involving the use, handling, and management of the transportation, storage, or disposal of nuclear materials within South Carolina, or such use, handling, transportation, storage, or disposal of nuclear materials outside of the State which may affect the public health, welfare, safety, and environment of the citizens of South Carolina;
(2) to provide advice and recommendations to the Governor regarding matters pertaining to the Atlantic Compact Commission;
(3) to provide advice and recommendations to the Governor regarding the various programs of the United States Department of Energy pertaining to nuclear waste; and other federal agencies related to the Establishment of a National Radioactive Waste Management Plan and the applicability of South Carolina laws, and administrative rules and regulations to such a plan.
(4) to meet at the call of the chair or at a minimum twice a year.
Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board. and Joint Legislative Committee on Energy.
Section 13-7-840. The council shall consist of nine five (5) members. One at-large member shall be appointed by the Speaker of the House of Representatives and one at-large member shall be appointed by the President of the Senate. Seven members shall be appointed by the Governor with the advice and consent of the Senate as follows: One Two shall be actively involved in the area of environmental protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; two one shall be a scientists or engineers from the faculties of one of the institutions of higher learning in the State; and one shall be from the public at large. The terms of the members of the council appointed by the Governor shall be co-terminus with that of the appointing Governor, but they shall serve at the pleasure of the Governor.
Vacancies of the council shall be filled in the manner of the original appointment.
Section 13-7-850. The Governor shall designate the chairman from the membership. When on business of the council, members shall be entitled to receive such compensation as provided by law for boards and commissions.
Section 13-7-860. The Council may employ, on a full or part-time basis, staff as necessary to carry out the activities of the Council. Unclassified staff of the previous S. C. Nuclear Advisory Council transferred to the Joint Legislative Committee on Energy under Section 2-53-40 are hereby transferred to the Governor's Nuclear Advisory Council. Staff support for the council shall be provided by the State Energy Office."
G. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then Subsection A. of this SECTION is repealed. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 72 (PSD\7231MM00), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION, to read:
TO AMEND SECTION 2-1-120 OF THE 1976 CODE, RELATING TO RETENTION OF A TEACHING CERTIFICATE WHILE SERVING AS AN ELECTED MEMBER OF THE GENERAL ASSEMBLY, SO AS TO EXTEND THE EXEMPTION FROM RECERTIFICATION REQUIREMENTS TO STAFF MEMBERS OF THE GENERAL ASSEMBLY AND OF THE EDUCATION OVERSIGHT COMMITTEE.
Section 2-1-120 of the 1976 Code is amended to read:
"Section 2-1-120. Notwithstanding any other provisions of law or regulations of the Department of Education, members of the General Assembly while serving elected terms of office and staff members of the General Assembly and of the Education Oversight Committee shall be are exempted from any requirements of recertification and such members' their teaching certificates shall remain valid during that period." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator SETZLER raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator FAIR proposed the following Amendment No. 96 (NBD\12083AC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATABASE INTO WHICH A PARENT OR LEGAL GUARDIAN MAY REGISTER AN OBJECTION WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM PROVIDING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO THEIR CHILDREN UNDER SIXTEEN YEARS OF AGE; TO ADD SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM DISTRIBUTING OR USING CERTAIN STATE FUNDS TO DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A CHILD UNDER SIXTEEN YEARS OF AGE IF THE CHILD'S PARENT OR LEGAL GUARDIAN HAS REGISTERED AN OBJECTION WITH THE DEPARTMENT PURSUANT TO SECTION 44-1-115; AND TO ADD SECTION 44-1-120, SO AS TO ESTABLISH JUDICIAL PROCEDURES FOR A MINOR UNDER THE AGE OF SIXTEEN TO OBTAIN CONDOMS OR CONTRACEPTIVES FROM A STATE AGENCY OR DEPARTMENT NOTWITHSTANDING PARENTAL OBJECTION BEING FILED.
A. The 1976 Code is amended by adding:
"Section 44-1-115. The Department of Health and Environmental Control shall develop a database into which a parent, legal guardian, or one acting in loco parentis to a child under sixteen years of age may register a written objection with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child under sixteen years of age.
The department shall publish and distribute informational brochures to schools, physicians, and health care agencies and facilities which include procedures for registration and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors."
B. The 1976 Code is amended by adding:
"Section 44-1-117. Notwithstanding any other provision of law, the Department of Health and Environmental Control or any other state agency or department or a person acting on behalf of an agency or department may not distribute or use funds appropriated to it for family health or sexually transmitted disease or HIV (Human Immuno deficiency Virus) control for the distribution of condoms or other types of contraceptives to a child under sixteen years of age if the child's parent, legal guardian, or one acting in loco parentis has registered an objection with the Department of Health and Environmental Control pursuant to Section 44-1-115."
C. The 1976 Code is amended by adding:
"Section 44-1-120. (A) Notwithstanding the provisions of Section 44-1-117 or a parental objection on file pursuant to Section 44-1-115, every minor under sixteen years of age has the right to petition the court for an order granting the minor the right to obtain condoms or other contraceptives from a state agency or department. In seeking this relief the following procedures apply:
(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of John or Jane Doe to protect the anonymity of the minor.
(2) The Department of Health and Environmental Control, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. The department shall promulgate regulations establishing the procedures to be followed in providing this assistance.
(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on his or her own behalf, but the court shall advise the minor that he or she has a right to court-appointed counsel and shall provide the minor with counsel upon request.
(4) The court shall hold a hearing and rule on the merits of the petition and shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of using or misusing condoms or other contraceptives; and other evidence that the court may find useful in determining whether the minor should be granted the right on his or her own behalf to obtain condoms or other contraceptives from a state agency or department and whether such relief is in the best interest of the minor.
(B) The court shall enter a written order stating findings of fact and conclusions of law in support of its decision to grant or deny the minor the relief sought pursuant to this section. Orders issued under this item shall specify that the minor shall have the right to counseling services which must be provided for by the State.
(C) A minor has the right to appeal to the Supreme Court a decision rendered pursuant to subsection (B) and a minor who declares he or she has insufficient funds to pursue the procedures provided in this section must not be required to pay the costs associated with these procedures.
(D) All hearings conducted under this section must be closed to the public. All records related to this section are not open to public examination and must be sealed by the court."/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT spoke on the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
At 10:40 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed five minutes.
At 11:09 P.M., the Senate resumed.
Senators SHORT and HUTTO proposed the following Amendment No. 231A (4775R038A.LHS), which was adopted (#66):
Amend the bill, as and if amended, Part II, by adding a new SECTION to read:
/ SECTION ___.
TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, AS AMENDED, RELATING TO HEALTH, SO AS TO FURTHER PROVIDE FOR THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND; AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM.
A. Chapter 122, Title 44 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 44-122-10. As used in this chapter:
(1) 'Adolescent' means an individual nineteen years of age and under.
(2) 'Contractor' means a public or private agency or organization receiving money from the fund.
(3) 'County government' means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.
(4) 'Department' means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, 'department' means the State Director of the South Carolina Department of Social Services (DSS).
(5) 'Initiative' means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.
(6) 'Short term outcomes' means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.
(7) 'Long term outcome' means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.
(8) 'Primary pregnancy prevention' means prevention of first pregnancy.
(9) 'Fund' means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.
(10) 'Local interagency council' means an organized group of representatives of public and private agencies in the county with functions related to youth development.
Section 44-122-20. (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.
Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of eac