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Bill 841

TO AMEND SECTION 1-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS CONSTITUTING THE EXECUTIVE DEPARTMENT, SO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-1-120, RELATING TO VACANCIES IN THE EXECUTIVE DEPARTMENT, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-1-1210, RELATING TO ANNUAL SALARIES OF CERTAIN STATE OFFICERS, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-7-110, RELATING TO ADVICE GIVEN BY THE ATTORNEY GENERAL TO STATE OFFICERS AND PUBLIC SERVICE COMMISSION, SO AS TO REVISE CERTAIN REFERENCES; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND CHAPTER 30, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO CREATE THE DEPARTMENTS OF ADJUTANT GENERAL, ADMINISTRATION, COMPTROLLER GENERAL, AND SECRETARY OF STATE, AND TO REORGANIZE THE DEPARTMENTS OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, CORRECTIONS AND PROBATION, DISABILITIES AND SPECIAL NEEDS, ENVIRONMENT AND NATURAL RESOURCES, HEALTH AND ENVIRONMENTAL CONTROL, AND HEALTH AND HUMAN SERVICES, ALL WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT AND TO ESTABLISH WITH EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION, TERMS, AND REMOVAL OF DEPARTMENT HEADS, BOARD AND COMMISSION MEMBERS, AND OTHER OFFICIALS AND OFFICERS; TO AMEND SECTION 25-1-10(3) AND (4), RELATING TO MILITARY CODE DEFINITIONS, SO AS TO CORRECT REFERENCES TO THE ADJUTANT GENERAL AND ASSISTANT ADJUTANT GENERAL; TO AMEND SECTION 25-1-320, RELATING TO THE ELECTION OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS AN APPOINTED OFFICIAL; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN OFFICE OF ADJUTANT GENERAL, SO AS TO PROVIDE THAT A PERSON APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE TO FILL A VACANCY IN THE OFFICE OF ADJUTANT GENERAL SHALL SERVE FOR THE UNEXPIRED TERM ONLY; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO DELETE REFERENCES TO THE COMPTROLLER GENERAL, AND SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO DELETE OBSOLETE REFERENCES AND TO REFLECT THE TRANSFER OF THE DIVISION OF GENERAL SERVICES, THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE OF ENERGY FROM THE BOARD TO THE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION AS PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54 AND 1-11-85, AND TO AMEND THE FOLLOWING SECTIONS ALL SO AS TO CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, AS AMENDED; 1-11-22; 1-11-54; 1-11-55; 1-11-56; 1-11-58; 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 1-11-110; 1-11-180; 1-11-185; 1-11-220; 1-11-225; 1-11-250 AND 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 1-11-280; 1-11-290; 1-11-300, AS AMENDED; 1-11-310, AS AMENDED; 1-11-315; 1-11-320; 1-11-335; 1-11-340; 1-11-430; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; CHAPTER 47, TITLE 2; ARTICLE 9, CHAPTER 11 OF TITLE 8; 8-11-40, AS AMENDED; 8-11-41; 8-11-50; 8-11-98; 8-11-120, AS AMENDED; 8-11-145; 8-11-165, AS AMENDED; 8-11-185; 8-11-195; 8-11-210; 8-11-230; 8-11-240; 8-11-250; 8-11-650; 8-11-670; 8-11-680; 8-12-60; 8-17-320, AS AMENDED; 8-17-330; 8-17-340, AS AMENDED; 8-17-345; 8-17-350, AS AMENDED; 8-17-380; CHAPTER 9, TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN FOR USE OF AN ALTERNATIVE FUEL BY STATE VEHICLES, 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 6 OF CHAPTER 3 OF TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER IN THE BUDGET AND CONTROL BOARD; TO AMEND THE CODE BY ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE DEPARTMENT OF ADMINISTRATION; TO AMEND SECTION 46-3-30, RELATING TO QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 46-3-40, RELATING TO THE ELECTION OF THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS AN APPOINTED OFFICE; TO AMEND SECTION 46-3-60, RELATING TO THE CLERK FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE FOR THE COMMISSIONER'S STAFF; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 1 OF TITLE 13, ESTABLISHING THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND CHAPTER 43, TITLE 41, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO RECONSTITUTE IT AS A DIVISION UNDER THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 48-5-30, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND CORPORATION, SO AS TO CONFORM THE GOVERNANCE OF THE CORPORATION TO ITS NEW ADMINISTRATION IN THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 13-1-1710, AS AMENDED, RELATING TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO CONFORM IT TO THE ADMINISTRATIVE CHANGES MADE BY THIS PART, AND TO REPEAL SECTIONS 1-11-25 AND 1-11-26, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD AND ENFORCEMENT PROVISIONS, INCLUDING CRIMINAL PENALTIES, APPLICABLE TO GRANTS MADE BY THAT DIVISION; TO AMEND CHAPTERS 1, 3, 9, 13, 19, 21, 22, 23, 25, 26, AND 27 OF TITLE 24, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE FUNCTIONS OF BOTH DEPARTMENTS SHALL BE DEVOLVED UPON THE DEPARTMENT OF CORRECTIONS AND PROBATION AND ITS SUBDIVISIONS AND TO AMEND THE FOLLOWING SECTIONS TO CONFORM THEM TO THE ESTABLISHMENT OF THE DEPARTMENT OF CORRECTIONS AND PROBATION: 2-13-240, 2-48-20, 2-48-30, 2-48-40, 2-48-60, 9-11-10, 11-35-710, ALL AS AMENDED, 14-1-220, 14-1-230, 15-49-20, AS AMENDED, 16-3-1260, 16-3-1515, 16-3-1545, 16-3-1555, 16-3-1560, 16-17-470, 17-7-10, 17-17-100, 17-24-20, 17-25-45, 17-25-80, 17-25-145, 17-25-322, 17-25-324, 17-25-380, 20-7-6845, AS AMENDED, 20-7-7810, AS AMENDED, 20-7-8025, AS AMENDED, 20-7-8515, AS AMENDED, 23-3-120, 23-3-440, AND 23-3-460, ALL AS AMENDED, 23-4-110, AS AMENDED, 23-4-520, 23-6-410, AS AMENDED, 23-6-420, AND 23-6-440, BOTH AS AMENDED, 23-25-20, 23-31-140, 40-7-340, 40-11-360, 40-33-770, 40-47-140, 42-1-480, 42-1-505, 42-7-65, 43-31-160, AS AMENDED, 44-48-40, 44-48-50, 59-63-370, AS AMENDED AND 59-101-350, AS AMENDED; TO ADD SECTION 59-3-5 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET; TO REPEAL SECTIONS 59-3-10 AND 59-3-20; TO AMEND SECTIONS 1-1-110 AND 1-1-1210, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS; TO ABOLISH THE STATE BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE STATE SUPERINTENDENT OF EDUCATION; TO AMEND CHAPTER 5, TITLE 59 OF THE 1976 CODE, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO CONFORM REFERENCES TO THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OF EDUCATION AND DELETE SECTIONS REGARDING THE COMPOSITION AND ORGANIZATION OF THE STATE BOARD OF EDUCATION; TO AMEND SECTIONS 9-1-1795, 10-1-110, 20-7-6855, 24-25-30, 24-25-35, 34-28-540, 40 -33-530, 56-1-176, 56-5-190, 59-1-40, 59-1-170, 59-1-180, 59-1-320, 59-1-400, AS AMENDED, 59-1-445, 59-1-447, 59-1-448, 59-1-450, AS AMENDED, 59-1-452, AS AMENDED, 59-3-30, 59-3-60, 59-6-10, AS AMENDED, 59-6-16, AS AMENDED, 59-6-20, AS AMENDED, 59-6-30, AS AMENDED, 59-6-110, 59-6-120, 59-13-20, 59-13-40, 59-13-60, 59-13-120, 59-13-140, 59-17-60, 59-17-130, CHAPTER 18, TITLE 59, 59-19-45, AS AMENDED, 59-19-90, AS AMENDED, 59-19-95, 59-19-140, 59-19-190, 59-20-20, AS AMENDED, 59-20-40, AS AMENDED, 59-20-50, AS AMENDED, 59-20-60, AS AMENDED, 59-20-65, 59-21-150, 59-21-310, 59-21-320, 59-21-340, 59-21-350, 59-21-360, 59-21-370, 59-21-380, 59-21-390, 59-21-400, 59-21-410, 59-21-420,59-21-440, AS AMENDED, 59-21-540, 59-21-550, 59-21-570, 59-21-580, 59-21-600, AS AMENDED, 59-21-720, 59-21-760, 59-21-1030, 59-21-1210, AS AMENDED, 59-21-1220, AS AMENDED, 59-24-20, 59-24-40, AS AMENDED, 59-24-60, 59-24-65, 59-24-80, 59-24-100, AS AMENDED, 59-24-110, AS AMENDED, 59-24-120, 59-25-110, 59-25-150, 59-25-160, 59-25-170, 59-25-180, 59-25-190, 59-25-200, 59-25-210, 59-25-240, 59-25-250, AS AMENDED, 59-25-260, AS AMENDED, 59-25-270, AS AMENDED, 59-25-530, 59-25-760, 59-25-800, 59-25-810, 59-25-820, 59-25-830, AS AMENDED, 59-25-840, 59-25-860, CHAPTER 26, TITLE 59, 59-27-10, 59-27-20, 59-28-130, 59-28-150, 59-28-160, 59-29-10, AS AMENDED, 59-29-20, 59-29-30, 59-29-40, 59-29-55, 59-29-70, 59-29-100, AS AMENDED, 59-29-110, 59-29-170, AS AMENDED, 59-29-179, 59-29-181, 59-29-182, 59-29-190, AS AMENDED, 59-29-220, AS AMENDED, 59-30-10, AS AMENDED, 59-30-15, AS AMENDED, 59-30-20, AS AMENDED, 59-30-110, CHAPTER 31, TITLE 59, 59-32-10, 59-32-20, 59-32-30, 59-33-30, 59-33-90, 59-33-100, 59-33-110, 59-35-10, AS AMENDED, 59-36-20, 59-36-30, 59-36-40, CHAPTER 37, TITLE 59, 59-39-10, 59-39-30, 59-39-80, 59-39-100, AS AMENDED, 59-39-140, 59-39-160, AS AMENDED, 59-39-170, 59-39-320, 59-39-330, 59-39-340, 59-40-70, AS AMENDED, 59-40-90, AS AMENDED, 59-40-110, AS AMENDED, 59-40-160, AS AMENDED, 59-40-180, AS AMENDED, 59-41-40, 59-41-60, 59-43-10, 59-43-20, 59-45-70, 59-52-40, 59-52-50, 59-52-60, 59-52-70, 59-52-80, 59-52-90, AS AMENDED, 59-52-100, AS AMENDED, 59-53-20, 59-53-30, 59-53-50, 59-53-53, AS AMENDED, 59-53-80, 59-53-1810, 59-53-1830, 59-53-1850, 59-53-1860, 59-53-1870, 59-53-1880, 59-53-1960, 59-54-20, AS AMENDED, 59-54-30, 59-54-40, AS AMENDED, 59-55-40, 59-63-210, AS AMENDED, 59-63-340, AS AMENDED, 59-63-430, 59-63-520, 59-63-710, 59-63-800, 59-63-1390, AS AMENDED, 59-65-10, AS AMENDED, 59-65-30, AS AMENDED, 59-65-40, 59-65-90, 59-65-230, 59-66-20, 59-66-30, 59-67-20, AS AMENDED, 59-67-30, 59-67-40, 59-67-410, 59-67-420, 59-67-440, 59-67-450, 59-67-460, 59-67-470, 59-67-490, 59-67-500, 59- 67-530, 59-67-540, AS AMENDED, 59-67-550, 59-67-570, AS AMENDED, 59-67-720, 59-69-30, 59-71-410, 59-71-430, 59-71-440, 59-71-480, 59-71-550, 59-71-560, 59-73-160, 59-101-80, 59-101-160, 59-103-45, AS AMENDED, 59-103-140, 59-103-180, 59-137-10, AS AMENDED, 59-137-20, AS AMENDED, 59-137-30, AS AMENDED, 59-139-10, AS AMENDED, 59-139-11, 59-139-15, 59-139-20, 59-139-40, AS AMENDED, 59-139-50, AS AMENDED, 59-139-60, AS AMENDED, 59-139-80, 59-141-10, AS AMENDED, ARTICLE 2, CHAPTER 144, TITLE 59, 59-146-30, 59-146-60, 59-146-170, AND 60-9-30, ALL CONTAINING REFERENCES TO THE STATE BOARD OF EDUCATION, SO AS TO CHANGE THE REFERENCES FROM THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OT EDUCATION; TO AMEND CHAPTER 103, TITLE 59, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO DESIGNATE SECTIONS 59-103-10 THROUGH 59-104-200 AS ARTICLE 1, GENERAL PROVISIONS, CHAPTER 103, TITLE 59, AND BY ADDING ARTICLE 3, TUITION GRANTS; TO TRANSFER THE POWERS AND DUTIES OF THE FORMER HIGHER EDUCATION TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION AND CREATE THE TUITION GRANT ADVISORY BOARD, WHICH SHALL ADVISE THE COMMISSION OF HIGHER EDUCATION ON MATTERS CONCERNING TUITION GRANTS; TO AMEND SECTIONS 59-104-20, AS AMENDED, 59-143-30, 59-150-350, AS AMENDED, AND 59-150-355, ALL CONTAINING REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMISSION, SO AS TO CHANGE THE TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION; AND TO REPEAL CHAPTER 113, TITLE 59 OF THE 1976 CODE; TO AMEND CHAPTER 1, TITLE 44 BY ADDING ARTICLE 2 SO AS TO CREATE THE BOARD OF THE SOUTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND TO AMEND SECTIONS 1-3-240; CHAPTER 5, TITLE 3; CHAPTER 33, TITLE 4; 5-31-2010; 6-11-285; 6-11-290; 6-11-1210; 6-11-1430; 6-15-30; 6-19-30; 6-19-40; 6-21-400; CHAPTER 7, TITLE 13; 40-23-20; 40-23-110; 40-23-280; 40-23-305; 40-23-310; 40-23-400; CHAPTER 2, TITLE 44; ARTICLE 1, CHAPTER 55, TITLE 44; ARTICLE 3, CHAPTER 55, TITLE 44; ARTICLE 5, CHAPTER 55, TITLE 44; ARTICLE 23, CHAPTER 55, TITLE 44; ARTICLE 1, CHAPTER 56, TITLE 44; ARTICLE 2, CHAPTER 56, TITLE 44; ARTICLE 4, CHAPTER 56, TITLE 44; ARTICLE 7, CHAPTER 56, TITLE 44; 44-56-840; CHAPTER 67, TITLE 44; CHAPTER 87, TITLE 44; CHAPTER 93, TITLE 44; ARTICLE 1, CHAPTER 96, TITLE 44; ARTICLE 2, CHAPTER 96, TITLE 44; 46-1-130; 46-1-140; 46-3-240; 46-7-100; 46-7-110; 46-9-120; 46-13-110; 46-51-20; 47-1-80; 47-4-150; CHAPTER 5, TITLE 47; 47-17-40; 47-17-120; 47-17-130; 47-17-140; 47-17-320; 47-19-35; CHAPTER 20, TITLE 47; CHAPTER 1, TITLE 48; ARTICLE 1, CHAPTER 2, TITLE 48; 48-3-10; 48-3-20; 48-3-60; 48-3-140; 48-5-20; 48-5-40; 48-5-50; 48-5-55; 48-5-60; 48-5-160; CHAPTER 14, TITLE 48; CHAPTER 18, TITLE 48; CHAPTER 20, TITLE 48; 48-21-20; CHAPTER 39, TITLE 48; 48-40-20; 48-40-40; 48-46-30; 48-46-40; 48-46-50; 48-46-80; 48-46-90; 48-55-10; CHAPTER 56, TITLE 48; CHAPTER 57, TITLE 48; 49-1-15; 49-1-16; CHAPTER 3, TITLE 49; CHAPTER 4, TITLE 49; CHAPTER 5, TITLE 49; CHAPTER 6, TITLE 49; ARTICLE 3, CHAPTER 11, TITLE 49; CHAPTER 21, TITLE 49; 49-23-60; 50-16-30; 50-19-1935; AND 55-1-100, ALL RELATING TO ENVIRONMENTAL PROGRAMS IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN TO ADD SECTIONS 50-5-1025, 50-5-1030, 50-5-1035, AND 50-5-1040 SO AS TO TRANSFER THESE PROGRAMS TO THE DIVISION OF ENVIRONMENTAL CONTROL, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; TO AMEND SECTIONS 2-13-190, 2-13-240,3-3-210, 10-9-320, 11-37-200, 13-11-20, 15-9-415, 16-23-20, 16-27-60, 16-27-80, 20-7-410, 20-7-1295, 23-25-20, 23-28-120, 40-23-10, 40-28-10, 40-65-10, 44-55-45, 46-13-150, 47-1-210, ARTICLE 5, CHAPTER 3, TITLE 47, 47-3-420, 47-3-510, 47-3-550, 48-1-85, CHAPTER 4, TITLE 48, 48-9-15, 48-9-40, 48-9-230, 48-9-260, 48-9-270, 48-9-280, 48-9-290, 48-11-10, 48-11-15, 48-22-10, 48-22-20, 48-43-570, 48-45-40, 48-45-80, 48-59-30, 48-59-40, 49-23-20, 49-23-60, 49-25-10, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-29-20, 49-29-200, 50-1-5, 50-3-10, 50-3-180, 50-3-410, 50-3-420, 50-3-720, 50-3-900, 50-3-910, 50-3-1120, 50-5-15, 50-5-20, 50-5-955, 50-5-1950, 50-11-20, 50-11-90, 50-11-390, 50-11-745, 50-11-1920, 50-13-1199, 50-19-1935, 50-21-10, 50-21-870, 50-23-290, 51-3-145, 51-3-160, 51-13-2010, 51-17-10, 51-17-50, 51-17-70, 51-17-90, 51-17-130, 51-17-150, 51-18-60, 51-18-30, 51-22-20, 51-22-50, 51-22-60, 56-3-7300, 56-7-50, 57-5-870, 57-23-800, 58-1-65, 58-33-140, SO AS TO CREATE THE DIVISION OF NATURAL RESOURCES WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WITH THE BOARD OF NATURAL RESOURCES TO BECOME ADVISORY OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF NATURAL RESOURCES; AND TO AMEND SECTIONS 1-5-40, 6-9-50, 6-11-105, 16-13-177, 23-49-110, 23-49-120, 46-33-90, CHAPTER 23, TITLE 48, 48-28-30, 48-29-20, 48-29-30, 48-29-40, 48-29-50, 48-29-60, 48-30-30, 48-33-20, 48-33-40, 48-33-50, 48-33-70, 48-33-80, 48-33-90, 48-34-20, 48-34-30, 48-36-30, 48-37-20, 48-37-40, 48-37-60, 49-29-160, 50-1-200, 50-2-50, 50-11-950, 51-1-60, 56-5-4715, 57-23-120, 57-25-490, 57-25-700, SO AS TO CREATE THE DIVISION OF FORESTRY WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND ABOLISH THE STATE FORESTRY COMMISSION OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF FORESTRY; TO RESTRUCTURE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SO AS TO ESTABLISH WITHIN THE DEPARTMENT THE DIVISION OF ADMINISTRATION; TO ESTABLISH THE DIVISION OF HEALTH CARE FINANCING, AND TO PLACE IN THIS DIVISION THE ADMINISTRATION OF THE MEDICAID PROGRAM AND TO TRANSFER TO THIS DIVISION FUNDING FOR HEALTH SERVICES IN CERTAIN OTHER STATE AGENCIES AND THE ADMINISTRATION OF STATE HEALTH INSURANCE PLANS AND THE SCRIPTS PROGRAM; TO ESTABLISH THE DIVISION OF HEALTH SERVICES AND TO TRANSFER TO THIS DIVISION HEALTH PROGRAMS IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE OPERATION OF CERTAIN LONG-TERM CARE FACILITIES, THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF SPECIAL NEEDS AND DISABILITIES AND THE BABYNET PROGRAM; TO ESTABLISH THE DIVISION OF HUMAN SERVICES AND TO TRANSFER INTO THIS DIVISION THE DEPARTMENT OF SOCIAL SERVICES, THE ADMINISTRATION OF CHILD DEVELOPMENT AND SOCIAL SERVICES BLOCK GRANTS, THE OFFICE ON AGING, THE STATE AGING NETWORK, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE COMMISSION FOR THE BLIND, THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND, THE JOHN DE LA HOWE SCHOOL AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; TO ESTABLISH THE DIVISION OF ADVOCACY AND SERVICE COORDINATION AND TO TRANSFER INTO THIS DIVISION THE OFFICE FOR THE REVIEW OF FOSTER CARE OF CHILDREN, THE GUARDIAN AD LITEM PROGRAM, THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND MANAGED TREATMENT SERVICES, THE CHILDREN'S CASE RESOLUTION SYSTEM, CHILDCARE LICENSURE AND REGULATION, THE FIRST STEPS TO SCHOOL READINESS PROGRAM AND THE OMBUDSMAN PROGRAM; AMONG OTHER THINGS TO TRANSFER THE AUTHORITY OF CERTAIN STATE AND LOCAL BOARDS TO ENTITIES WITHIN THE DEPARTMENT AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, 2-13-240, 8-11-120, 13-1-1710, 15-78-60, 16-17-610, 17-24-40, 20-7-30, 20-7-85, 20-7-110, 20-7-121, 20-7-125, 20-4-160, 20-7-420, ARTICLE 7, CHAPTER 7, TITLE 20, SECTIONS 20-7-480 THROUGH 20-7-695, SUBARTICLES 1, 2, 3 OF ARTICLE 9, CHAPTER 7, TITLE 20, SECTIONS 20-7-736 THROUGH 20-7-775, 20-7-852, 20-7-854, 20-7-856, 20-7-873, 20-7-936 THROUGH 20-7-949, 20-7-952, 20-7-955, 20-7-956, 20-7-1070, 20-7-1134, 20-7-1295, 20-7-1315, 20-7-1322, 20-7-1440, 20-7-1450, 20-7-1547, 20-7-1564, 20-7-1572, 20-7-1574, SUBARTICLE 5, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1630 THROUGH 20-7-1645, 20-7-1650, 20-7-1670, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1900 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2376, SUBARTICLES 1 AND 3, ARTICLE 13, CHAPTER 7, TITLE 20, 20-7-2230 THROUGH 20-7-2345, 20-7-2379, 20-7-2386, SUBARTICLES 7 AND 8, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2440 THROUGH 20-7-2660, SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2700 THROUGH 20-7-3098, ARTICLE 19 AND ARTICLE 22, CHAPTER 7, TITLE 20, 20-7-5610, 20-7-5660, ARTICLE 32, CHAPTER 7, TITLE 20 SECTIONS 20-7-9505 THROUGH 20-7-9575, ARTICLE 19, CHAPTER 13, TITLE 24, SECTIONS 24-13-1910 THROUGH 24-13-1950, SECTIONS 31-3-50, 38-55-530, 40-68-120, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, 41-27-230, 41-27-235, 41-27-260, 41-27-280, 41-27-360, 41-27-370, 41-27-390, ARTICLE 5, CHAPTER 27, TITLE 41, SECTIONS 41-29-10, 41-29-20, 41-29-30, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, 41-29-130, 41-29-140, 41-29-150, 41-29-160, 41-29-170, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-260, 41-29-270, 41-29-280, 41-29-290, 41-31-20, 41-31-30, 41-31-70, 41-31-90, 41-31-100, 41-31-120, 41-31-130, 41-31-140, 41-31-160, 41-31-170, ARTICLES 3, 5, 7, AND 9 OF CHAPTER 31, TITLE 41, SECTION 41-33-710, CHAPTER 42, TITLE 41, SECTIONS 42-1-40, 42-1-50, CHAPTER 1, TITLE 43, SECTIONS 43-1-10 THROUGH 43-1-240, 43-3-40, 43-3-60, 43-3-90, 43-3-100, 43-3-110, ARTICLE 1, CHAPTER 5, TITLE 43 SECTIONS 43-5-10 THROUGH 43-5-245, ARTICLE 3, CHAPTER 5, TITLE 43, SECTIONS 43-5-310 THROUGH 43-5-350, ARTICLE 5, CHAPTER 5, TITLE 43 SECTIONS 43-5-580 THROUGH 43-5-630, ARTICLE 7, CHAPTER 5, TITLE 43, SECTIONS 43-5-910 THROUGH 43-5-970, ARTICLE 9, CHAPTER 5, TITLE 43, SECTIONS 43-5-1105 THROUGH 43-5-1285, CHAPTER 21, TITLE 43 SECTIONS 43-21-10 THROUGH 43-21-190, CHAPTER 31, TITLE 43, SECTIONS 43-31-10 THROUGH 43-31-160, CHAPTER 25, TITLE 43, SECTION 43-33-340, 40-3-33-370, 43-35-10, 43-35-55, 43-35-310, SECTION 43-38-10 THROUGH 43-38-60, CHAPTER 1, TITLE 44, ARTICLE 1, CHAPTER 3, TITLE 44, ARTICLE 1, CHAPTER 4, TITLE 44, 44-4-130, SECTIONS 44-4-300 THROUGH 44-4-340, SECTIONS 44-4-500 THROUGH 44-4-570, 44-5-20, ARTICLES 1, 2, AND 3, CHAPTER 6, TITLE 44 SECTIONS 44-6-5 THROUGH 44-6-220, ARTICLE 3, CHAPTER 6, TITLE 44, SECTIONS 44-6-300 THROUGH 44-6-320, ARTICLE 4, CHAPTER 6, TITLE 44, SECTIONS 44-6-400 THROUGH 44-6-540, 44-6-720, 44-6-730, 44-7-77, 44-7-80, 44-7-84, 44-7-90, 44-7-130, 44-7-140, 44-7-150, 44-7-160, 44-7-170, 44-7-180, 44-7-190, SECTIONS 44-7-200 THROUGH 44-7-250, 44-7-260, 44-7-265, 44-7-270, 44-7-290, 44-7-300, 44-7-310, 447-315, 44-7-320, 44-7-330, 44-7-345, 44-7-360, 44-7-370, 44-7-510, 44-7-520, SECTIONS 44-7-530 THROUGH 44-7-580, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, ARTICLE 21, CHAPTER 7, TITLE 44, SECTIONS 44-7-2510 THROUGH 44-7-2610, 44-7-2940, 44-7-2950, CHAPTER 9, TITLE 44 SECTIONS 44-9-10 THROUGH 44-9-160, 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80, CHAPTER 13, TITLE 44, SECTIONS 44-13-10 THROUGH 44-13-70, CHAPTER 17, TITLE 44, SECTIONS 44-17-305, 44-17-410, SECTIONS 44-17-459 THROUGH 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20, 44-20-30, ARTICLE 3, CHAPTER 20, TITLE 44, SECTIONS 44-20-210 THROUGH 44-20-510, ARTICLE 5, CHAPTER 20, TITLE 44, SECTIONS 44-20-710 THROUGH 44-20-1000, ARTICLE 7, CHAPTER 20, TITLE 44, SECTIONS 44-20-1110 THROUGH 44-20-1170, CHAPTER 22, TITLE 44, SECTIONS 44-22-10 THROUGH 44-22-220, CHAPTER 23, TITLE 44, SECTIONS 44-23-10 THROUGH 44-23-1150, CHAPTER 26, TITLE 44, SECTIONS 44-26-10 THROUGH 44-26-220, CHAPTER 29, TITLE 44, SECTIONS 44-29-20 THROUGH 44-29-250, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, 44-30-380, ARTICLE 1, CHAPTER 31, TITLE 44, SECTIONS 44-31-10 THROUGH 44-31-30, ARTICLE 7 AND 9, OF CHAPTER 31, TITLE 44, SECTIONS 44-31-510 THROUGH 44-31-520, 44-31-610, CHAPTER 32, TITLE 44, SECTIONS 44-32-10 THROUGH 44-32-120, 44-33-10, CHAPTER 35, TITLE 44, SECTIONS 44-35-5 THROUGH 44-35-100, 44-36-20, 44-36-30, 44-36-50, 44-36-330, 44-36-520, CHAPTER 37, TITLE 44, SECTIONS 44-37-10 THROUGH 44-37-40, 44-38-30, 44-40-20, 44-40-30, 44-40-60, 44-41-10 44-41-20, 44-41-32, 44-41-37, 44-41-60, 44-41-70, 44-41-75, 44-41-340, 44-48-30, 44-48-30, 44-48-100, 44-48-110, 44-48-120, 44-48-130, CHAPTER 49, TITLE 44 SECTIONS 44-49-10 THROUGH 44-49-80, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280, SECTIONS 44-53-290 THROUGH 44-53-360, 44-53-395, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, 44-53-560, ARTICLES 4 AND 5, CHAPTER 53, TITLE 44, SECTIONS 44-53-610 THROUGH 44-53-760, 44-53-930, 44-53-1320, SECTIONS 44-53-1360 THROUGH 44-53-1390, SECTIONS 44-53-1430, 44-56-410, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-80, 44-63-84, 44-63-86, 44-63-110, 44-63-160, 44-63-161, CHAPTER 69, TITLE 44, SECTIONS 44-69-10 THROUGH 44-69-100, CHAPTER 71, TITLE 44, SECTIONS 44-71-10 THROUGH 44-71-110, 44-74-50, 44-74-60, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-78-15, 44-78-65, 44-81-30, 44-89-30, 44-89-40, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, SECTIONS 44-99-10 THROUGH 44-99-80, 44-113-20, 44-113-30, 44-113-50, 44-113-80, 44-115-130, 44-117-50, 44-125-20, CHAPTER 128, TITLE 44, SECTIONS 44-128-10 THROUGH 44-128-50, 46-43-40, 56-5-2990, 59-32-10, CHAPTER 47, TITLE 59, SECTIONS 59-42-10 THROUGH 59-47-130, CHAPTER 49, TITLE 59, SECTIONS 59-49-10 THROUGH 59-49-160, CHAPTER 51, TITLE 59, SECTIONS 59-51-10 THROUGH 59-51-50, 59-152-10; TO CREATE THE DIVISION OF ELECTIONS WITHIN THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLVE CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS AND TO AMEND SECTIONS 1-1-110, AS AMENDED, 1-1-120, 1-1-1210, AS AMENDED, 1-7-110, 1-9-30, 7-1-20, AS AMENDED, 7-3-20, 7-3-30, 7-3-40, 7-3-50, 7-3-60, 7-5-10, 7-5-35, 7-5-125, 7-5-155, 7-5-170, 7-5-180, 7-5-280, ALL AS AMENDED, 7-5-310, 7-5-330, 7-5-340, 7-5-470, 7-5-660, AS AMENDED, CHAPTER 7 OF TITLE 7, 7-9-10, 7-9-80, 7-9-100, AS AMENDED, 7-11-15, 7-11-20, BOTH AS AMENDED, 7-11-40, 7-11-50, AS AMENDED, 7-11-55, 7-11-70, 7-11-80, ALL AS AMENDED, 7-11-85, SECTION 16, ACT 253 OF 1992 (7-13-15), AS AMENDED, 7-13-50, 7-13-70, BOTH AS AMENDED, 7-13-72, 7-13-180, 7-13-310, 7-13-320, AS AMENDED, 7-13-325, AS AMENDED, 7-13-335, 7-13-340, 7-13-350, AS AMENDED, 7-13-351, 7-13-355, BOTH AS AMENDED, 7-13-420, 7-13-610, AS AMENDED, 7-13-611, 7-13-710, AS AMENDED, 7-13-1160, 7-13-1330, AS AMENDED, 7-13-1340, 7-13-1360, 7-13-1370, 7-13-1371, 7-13-1380, 7-13-1390, 7-13-1400, 7-13-1490, 7-13-1620, 7-13-1640, AS AMENDED, 7-13-2120, 7-15-10, AS AMENDED, 7-15-340, AS AMENDED, 7-15-385, AS AMENDED, 7-15-400, 7-15-460, 7-15-470, 7-17-90, 7-17-210, 7-17-220, AS AMENDED, 7-17-330, 7-17-510, AS AMENDED, 7-17-530, 7-17-550, 7-17-570, 14-7-130, 14-7-150, 14-7-390, 14-25-155, ALL AS AMENDED, 22-2-30, 22-2-50, 33-56-20, AS AMENDED, 48-11-100, 56-1-90, AS AMENDED, 61-6-2010, AS AMENDED, SO AS TO AMEND THEM RESPECTIVELY TO CONFORM TO THE CREATION OF THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLUTION OF POWER, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS; TO AMEND SECTION 1-3-120, RELATING TO VACANCIES IN THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-130, RELATING TO THE DISABILITY OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND SENATE PRESIDENT PRO TEMPORE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO THE PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-210, RELATING TO THE FILLING OF VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO REQUIRE THE GOVERNOR TO SUBMIT THE NAME OF AN INTERIM APPOINTEE WITHIN TEN DAYS OF THE APPOINTMENT, AND TO SUBMIT A FORMAL APPOINTMENT ON THE FIRST DAY OF THE NEXT ENSUING REGULAR SESSION; TO AMEND SECTION 1-3-220, RELATING TO APPOINTMENT OF CERTAIN OFFICERS, SO AS TO CLARIFY THAT THE GOVERNOR MAY FILL VACANCIES IN COUNTY OFFICES EXCEPT AS OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 1-9-30, RELATING TO DISABILITY OR UNAVAILABILITY OF THE GOVERNOR, SO AS TO CHANGE A REFERENCE OF SENATE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-11-425, RELATING TO THE EXEMPTION OF THE PRESIDENT PRO TEMPORE OF THE SENATE FROM THE REQUIREMENTS OF THE SECTION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-17-20, RELATING TO THE COMMITTEE ON INTERSTATE COOPERATION OF THE SENATE, SO AS TO REMOVE THE LIEUTENANT GOVERNOR FROM SERVICE ON THE COMMITTEE; TO AMEND SECTION 1-18-70, RELATING TO OCCUPATIONAL REGULATION AND LICENSING, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO CHANGE REFERENCES OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE OBSOLETE LANGUAGE AND TO PROVIDE FOR REPORTS BY DEPARTMENT AUTHORITIES TO THE GENERAL ASSEMBLY; TO AMEND SECTION 2-3-20, RELATING TO THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO THE PRESIDENT PRO TEMPORE OF THE SENATE; TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR LEGISLATIVE DAYS FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DELETE A REFERENCE TO THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-3-75, RELATING TO THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FO A PRESIDENT PRO TEMPORE OF THE SENATE EACH YEAR TO PRESIDE IN THE ABSENCE OF THE PRESIDENT; TO AMEND SECTION 2-3-90, RELATING TO A VACANCY IN THE OFFICE OF THE SENATE SERGEANT AT ARMS OR ASSISTANT SERGEANT AT ARMS WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE, RATHER THAN THE LIEUTENANT GOVERNOR, WOULD APPOINT SUCH AN OFFICER IN THE INTERIM; TO AMEND SECTION 2-3-105, RELATING TO THE DUTIES OF SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-3-130, RELATING TO THE APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE SENATE, SO AS TO CHANGE A REFERENCE OF PRESIDING OFFICER OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-15-10, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL VACANCIES; TO AMEND SECTION 2-15-60, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-90, RELATING TO THE ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE, AND TO ADD A REFERENCE OF PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-100, RELATING TO THE PROHIBITION AGAINST PUBLIC OFFICIALS AND EMPLOYEES FROM RECEIVING COMPENSATION FOR SPEAKING BEFORE OUT-OF-STATE AUDIENCES, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-19-10, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-41-70, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-59-10, RELATING TO THE SENATE OPERATIONS AND MANAGEMENT COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-20, RELATING TO THE REQUESTS BY JOINT STUDY COMMITTEES THAT SUBPOENAS AND SUBPOENAS DUCES TECUM BE ISSUED, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-40, RELATING TO THE CONDITIONS UPON ISSUANCE OF SUBPOENAS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO ADD CHAPTER 70 TO TITLE 2, SO AS TO PROVIDE FOR PERIODIC AGENCY AND DEPARTMENT REVIEW BY THE STANDING COMMITTEES OF THE SENATE; TO AMEND SECTION 2-75-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 6-4-35, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 7-5-10, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE FOR APPOINTMENTS WHEN THE SENATE IS NOT IN SESSION; TO AMEND SECTION 7-11-30, RELATING TO THE CONVENTION NOMINATION OF CANDIDATES, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 7-17-10, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 8-13-540, RELATING TO HEARINGS BY THE SENATE ETHICS COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 8-13-715, RELATING TO OUT-OF-STATE SPEAKING ENGAGEMENT EXPENSES FOR PUBLIC OFFICIALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 9-16-90, RELATING TO RETIREMENT SYSTEMS FUNDS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 10-1-40, RELATING TO THE STATE HOUSE COMMITTEE, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 11-43-140, RELATING TO THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-3-40, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT FOR A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-5-160, RELATING TO ASSIGNMENT OF CIRCUIT COURT JUDGES TO FILL VACANCIES, SO AS TO PROVIDE THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO FILL A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR MUST BE MADE WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 14-8-60, RELATING TO VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE THAT FOR VACANCIES WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-30, RELATING TO THE EX OFFICIO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-40, RELATING TO TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-80, RELATING TO THE DUTIES OF CERTAIN MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 20-7-1370, RELATING TO QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FOR ANY VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY APPOINTMENT OF THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 20-7-9710, RELATING TO THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 24-21-10, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE A CLARIFYING CHANGE; TO AMEND SECTION 24-22-150, RELATING TO THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 37-6-502, RELATING TO MEMBERS OF COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A VACANCY IN ONE OF THE SEATS ELECTED BY THE GENERAL ASSEMBLY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT FOR ANY VACANCY OCCURRING WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, THE VACANCY MAY BE FILLED BY APPOINTMENT BY THE GOVERNOR UNTIL AN ELECTION CAN BE HELD BY THE GENERAL ASSEMBLY TO FILL THE UNEXPIRED TERM; TO AMEND SECTION 44-128-50, RELATING TO THE YOUTH SMOKING PREVENTION ADVISORY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 48-59-40, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK BOARD MEMBERSHIP, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-13-720, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-40, RELATING TO THE WAR BETWEEN THE STATES HERITAGE TRUST COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-115, RELATING TO THE WAR BETWEEN THE STATES HERITAGE PRESERVE TRUST FUND, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-19-10, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE THAT VACANCIES OF CERTAIN MEMBERS MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 54-7-100, RELATING TO THE MEMBERSHIP OF THE HUNLEY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-20, RELATING TO MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 58-3-26, RELATING TO THE JOINT COMMITTEE TO CONSIDER THE QUALIFICATIONS OF CANDIDATES TO THE PUBLIC SERVICE COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-30, RELATING TO VACANCIES ON THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 58-9-2220, RELATING TO THE JOINT TELECOMMUNICATIONS STUDY COMMITTEE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-6-10, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-40, RELATING TO THE MEMBERSHIP OF THE BOARD OF THE LOTTERY COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-320, RELATING TO REPORTS SUBMITTED BY THE LOTTERY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-325, RELATING TO MEMBERSHIP OF THE EDUCATION LOTTERY OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-152-160, RELATING TO THE EVALUATION OF PROGRESS OF THE FIRST STEPS TO SCHOOL READINESS PROGRAM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; AND TO REPEAL SECTIONS 14-5-170, 14-5-200, AND 14-5-220, RELATING TO THE APPOINTMENT AND COMPENSATION OF A SPECIAL JUDGE TO FILL A VACANCY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 1-1-110 of the 1976 Code is amended to read:

"Section 1-1-110.    The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor, and Lieutenant Governor, the Secretary of State, the State Treasurer, and the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."

SECTION    2.    Section 1-1-120 of the 1976 Code is amended to read:

"Section 1-1-120.    In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, or Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy."

SECTION    3.    Section of the 1976 Code is amended to read:

"Section 1-1-1210.    The annual salaries of the state officers listed below are:

Governor                                            $98,000

Lieutenant Governor                        43,000

Secretary of State                            85,000

State Treasurer                                85,000

Attorney General                             85,000

Comptroller General                        85,000

Superintendent of Education            85,000

Adjutant General                            85,000

Commissioner of Agriculture                85,000

These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.

A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."

SECTION    4.    Section 1-7-110 of the 1976 Code is amended to read:

"Section 1-7-110.    He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other elected or appointed State officer, or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business."

SECTION 1.    Chapter 30, Title 1 of the 1976 Code, as last amended by Act 51 of 2003, is further amended to read:

"Section 1-30-10.    (A)    There are hereby created, within the executive branch of the state government, the following departments:

1. Department of Agriculture

2. Department of Alcohol and Other Drug Abuse Services

3. Department of Commerce

4. Department of Corrections

5. Department of Disabilities and Special Needs

6. Department of Education

7. Department of Health and Environmental Control

8. Department of Health and Human Services

9. Department of Insurance

10. Department of Juvenile Justice

11. Department of Labor, Licensing, and Regulation

12. Department of Mental Health

13. Department of Natural Resources

14. Department of Parks, Recreation and Tourism

15. Department of Probation, Parole, and Pardon Services

16. Department of Public Safety

17. Department of Revenue

18. Department of Social Services

19. Department of Transportation

1.    Department of the Adjutant General

2.    Department of Administration

3.    Department of Agriculture

4.    Department of Commerce

5.    Department of the Comptroller General

6.    Department of Corrections and Probation

7.    Department of Education

8.    Department of Environment and Natural Resources

9.    Department of Health and Human Services

10    Department of Insurance

11.    Department of Juvenile Justice

12.    Department of Labor, Licensing, and Regulation

13.    Department of Parks, Recreation and Tourism

14.    Department of Public Safety

15.    Department of Revenue

16.    Department of Secretary of State

17.    Department of Transportation

18.    Department of Motor Vehicles

(B)(1)    The governing authority of each department shall be either: (i) a director, a commissioner, a general, and in the case of the Department of Commerce, the or a secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,

(ii)( i)    a seven member board to be appointed and constituted in a manner provided for by law; or,

(iii)    in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.

(ii)    in the case of the Department of Education, the State Superintendent of Education who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240;

(iii)    in the case of the Department of Secretary of State, the Secretary of State who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240;

(iv)    in the case of the Department of Adjutant General, the Adjutant General who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or

(v)    in the case of the Department of Comptroller General, the Comptroller General who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240.

(2)    In making appointments to boards and an appointment for a department directors, director, commissioner, general or secretary, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector.

(C)(1)    Each department shall be organized into appropriate divisions or subdivisions by the governing authority of the department through further consolidation or subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, into divisions lies with the General Assembly in furtherance of its mandate pursuant to Article XII of the South Carolina Constitution. The dissolution of any division must receive legislative approval by authorization included in the annual general appropriations act likewise be statutorily approved by the General Assembly.

Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.

(2)    Notwithstanding the provisions of subsection (C)(1), the Department of Health and Human Services is organized pursuant to Section 1-30-50, Chapter 6, Title 44, and as otherwise provided by law.

(D)    The governing authority of a department is vested with the duty of overseeing, managing, and controlling the operation, administration, and organization of the department. The governing authority has the power to create and appoint standing or ad hoc advisory committees in its discretion or at the direction of the Governor to assist the department in particular areas of public concern or professional expertise as is deemed appropriate. Such committees shall serve at the pleasure of the governing authority and committee members shall not receive salary or per diem, but shall be entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.

(E)    The department director, commissioner, general, or secretary may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions; in the case of the Department of Commerce, the Secretary of Commerce may appoint a departmental executive director and also may appoint directors to manage the various divisions of the Department of Commerce and in the case of the Department of Health and Human Services, the Secretary shall appoint undersecretaries to manage the divisions within the Department of Health and Human Services. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Deputy directors serve at the will and pleasure of the department director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the department director.

(F)(1)    In the event a vacancy should occur occurs in the office of department director, commissioner, general, or secretary at a time when the General Assembly is not in session, the Governor may temporarily fill the vacancy pursuant to Section 1-3-210.

(2)    Notwithstanding the provisions of subitem (F)(1), as of July 1, 1993, for each department created pursuant to the provisions of this act which must be governed by a single director, an initial interim director shall serve as the governing authority, serving until January 31, 1994. During that period the following departments must be governed by the director or interim director of the following agencies as of June 30, 1993:

(i)    Department of Corrections, created pursuant to Section 1-30-30, by the director of the former Department of Corrections;

(ii)    Department of Juvenile Justice created pursuant to Section 1-30-60, by the interim director of the former Department of Youth Services;

(iii)    Department of Probation, Parole, and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;

(iv)    Department of Social Services created pursuant to Section 1-30-100, by the director of the former Department of Social Services;

(v)    Department of Parks, Recreation and Tourism created pursuant to Section 1-30-80, by the director of the former Department of Parks, Recreation and Tourism;

(vi)    Department of Commerce created pursuant to Section 1-30-25, by the Executive Director of the former State Development Board;

(vii)    Department of Alcohol and Other Drug Abuse Services created pursuant to Section 1-30-20, by the director of the former South Carolina Commission on Alcohol and Drug Abuse.

(3)    As of December 1, 1993, the Governor must submit to the Senate the names of appointees to the permanent department directorships for those departments created on July 1, 1993 and February 1, 1994.     If no person has been appointed and qualified for a directorship as of February 1, 1994, the Governor may appoint an interim director to serve pursuant to the provisions of (F)(1).

(4)    Notwithstanding provisions of (2) and (3) to the contrary, the initial interim director of the Department of Public Safety shall be appointed by the Budget and Control Board. The initial interim director may be appointed as the permanent director of the department by the Governor. Notwithstanding the provisions of item (1) of this subsection, the Superintendent of Education and the Secretary of State elected in November 2002 shall complete the term for which they were elected and a vacancy in one of these offices must be filled as provided in Section 1-3-240 permitting the Governor to appoint a person to fill these offices.

(G)(1)    Department and agency governing authorities must, no later than the first day of the 1994 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. If an agency or department has no recommendations for restructuring of divisions, programs, or personnel, its report must contain a statement to that effect. Upon their receipt by the President of the Senate and the Speaker of the House, these reports must be referred as information to the standing committees of the respective bodies most jurisdictionally related in subject matter to each agency. Alternatively, the House and Senate may provide by rule for the referral of these reports. Thereafter, The Governor shall must periodically consult with the governing authorities of the various departments and upon such consultation, the Governor shall must submit a report of any restructuring recommendations to the General Assembly for its review and consideration.

(2)    The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:

(i)    Office of Executive Policy and Programs;

(ii)    Office of Energy Programs;

(iii)    Office of Personnel and Program Services;

(iv)    Office of Research;

(v)    Division of Health;

(vi)    Division of Economic Opportunity;

(vii)    Division of Economic of Development;

(viii)    Division of Ombudsman and Citizens' Services;

(ix)    Division of Education;

(x)    Division of Natural Resources;

(xi)    Division of Human Services.

(H)    Department governing authorities must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by Joint Resolution. Reserved

Section 1-30-15.    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:

Department of Agriculture, formerly provided for at Section 46-39-10, et seq.

Section 1-30-20.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:

(A)(1)    South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;

(B)(2)    Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.

(B)    Effective on July 1, 2004, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services, Office of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Office of Alcohol and Other Drug Abuse Services.

Section 1-30-22.    (A)    Effective January 1, 2005, the following divisions, offices, programs, or components are transferred to and incorporated in the Department of Administration, which shall be a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):

(1)    the Division of General Services of the Budget and Control Board;

(2)    the Office of Human Resources in the Budget and Analyses Division of the Budget and Control Board;

(3)    the Office of Energy in the Insurance and Grants Services Division of the Budget and Control Board;

(4)    the Office of Support Services of the Office of the Governor.

(B)    Effective January 1, 2005, the Office of State Inspector General in the Department of Administration is established in Chapter 8 of Title 1.

(C)    Each transferred office must be maintained as a distinct component of the Department of Administration. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.

(D)    Where the provisions of this act transfer offices, or portions thereof, of the Budget and Control Board or the Office of the Governor to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Executive Director of the Budget and Control Board and the Office of the Governor shall cause all necessary actions to be taken to accomplish this transfer.

(E)    Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board or Office of the Governor are continued and are considered to be promulgated by these offices under the newly created Department of Administration.

(F)(1)    As used in this subsection:

(a)    'immediate family' means a person who is:

(i)    a spouse;

(ii)    a child residing in the same household; or

(iii)    claimed as a dependent for income tax purposes

(b)    'vendor' means a person or entity who provides or proposes to provide goods or services in excess of an aggregate amount of four hundred thousand dollars to the department pursuant to a contract or contracts for one or more projects within a fiscal year, but does not include an employee of the division, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.

(2)    A vendor must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.

(3)    A vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the division shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6):

(a)    for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment of this section, and

(b)    during the term of the contract or contracts.

(4)    The prohibition in item (3) specifically applies to the officer or board member of a vendor, holders of an interest in a vendor of more than ten percent, and their immediate family members."

Section 1-30-25.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:

(A)(1)    South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;

(B)(2)    Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;

(C)(3)    Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;

(D)(4)    State Development Board, including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its Film Office are budgeted and spent so as to further the following objectives:

(1)(a)    stimulation of economic activity to develop the potentialities of the State;

(2)(b)    conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;

(3)(c)    promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;

(4)(d)    promotion and correlation of state and local activity in planning public works projects;

(5)(e)    promotion of public interest in the development of the State through cooperation with public agencies, private, enterprises, and charitable and social institutions;

(6)(f)    encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;

(7)(g)    assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;

(8)(h)    assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; and

(9)(i)    enhancement of the general welfare of the people;

(E)(5)    South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.

(B)    Effective July 1, 2004, the following agencies, boards, and commissions, including, all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any of these agencies, except for those subdivisions specifically included in or transferred to another department, are transferred to the Department of Commerce, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Commerce:

(1)    the Local Government Division of the State Budget and Control Board established pursuant to Section 1-11-25; and

(2)    the South Carolina Jobs-Economic Development Authority established pursuant to Chapter 43, Title 41.

Section 1-30-30.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Corrections:

Department of Corrections, formerly provided for at Section 24-1-10, et seq.

(B)    Effective July 1, 2004, the name of the Department of Corrections is changed to the Department of Corrections and Probation and the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any of these agencies, except for those subdivisions specifically included in or transferred to another department, are transferred to the Department of Corrections and Probation, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Corrections and Probation:

(1)    all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Corrections as provided in Chapter 1, Title 24, except those included in or transferred to another department or division, are transferred to the Division of Corrections;

(2)    all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Probation, Parole and Pardon Services as provided in Chapter 21, Title 24, except those included in or transferred to another department or division, are transferred to the Division of Probation, Parole and Pardon Services; and

(3)    Board of Probation, Parole and Pardon Services, as provided in Chapter 21, Title 24.

Section 1-30-35.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.

(A)(1)    Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;

(B)(2)    Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;

(C)(3)    Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.

(B)    Effective on July 1, 2004, the Department of Disabilities and Special Needs, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services, Office of Disabilities and Special Needs, and all powers, duties obligations, and responsibilities of the Department of Disabilities and Special Needs are devolved upon the Department of Health and Human Services, Division of Health Services, Bureau of Special Needs Services, Office of Disabilities and Special Needs.

Section 1-30-40.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:

State Department of Education, provided for at Section 59-5-10, et seq.

(B)    Effective on July 1, 2004, and concurrent with the appointment of the Superintendent of Education, the State Board of Education, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the board, except for those subdivisions specifically included in or transferred to another department or division, are transferred to the Superintendent of Education, and all powers, duties, obligations, and responsibilities of the board are devolved upon the Superintendent of Education.

Section 1-30-45.    (A)    Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:

(A)(1)    Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;

(B)(2)    South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;

(C)(3)    State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;

(D)(4)    Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.

(B)    Effective on July 1, 2004, the health programs, as delineated in Section 1-30-50(B)(1) and as otherwise provided by law, in the Department of Health and Environmental Control, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated these health programs and these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs, and all powers, duties, obligations, and responsibilities of these health programs in the Department of Health and Environmental Control are devolved upon the Department of Health and Human Services, Division of Health Services, Bureau of Health Programs.

(C)    Effective July 1, 2004, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any of these agencies, except for those subdivisions specifically included in or transferred to another department, are transferred to the Department of Environment and Natural Resources:

(1)    all environmental programs, as delineated in subsections (B)(2), (3), and (4), and as otherwise provided by law, in the Department of Health and Environmental Control, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Department of Health and Environmental Control, except those included in or transferred to another department or division, are transferred to the Division of Environmental Control, and all powers, duties, obligations, and responsibilities of these environmental programs in Department of Health and Environmental Control are devolved upon the Division of Environmental Control, Department of Environment and Natural Resources;

(2)    all of the environmental regulatory responsibilities and duties of the Board of the Department of Health and Environmental Control are transferred to and devolved upon the Board of the Department of Environment and Natural Resources;

(3)    the Department of Natural Resources and its governing board as provided in Chapter 4, Title 48, are transferred to the Division of Natural Resources as contained in Section 1-30-75(B), and all powers, duties, obligations, and responsibilities of the Department of Natural Resources are devolved upon the Division of Natural Resources, Department of Environment and Natural Resources; and

(4)    all programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Commission of Forestry as provided in Chapter 23, Title 48, except those included in or transferred to another department or division, are transferred to the Division of Forestry, and all powers, duties, obligations, and responsibilities of the Commission of Forestry are devolved upon the Division of Forestry, Department of Environment and Natural Resources.

Section 1-30-50.    (A)    Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services:

Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.

(B)    Effective on July 1, 2004, the following agencies, boards, and commissions, including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these agencies, boards, commissions, and these entities, except for those subdivisions specifically included or transferred to another department, are transferred to the Department of Health and Human Services, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Health and Human Services:

(1)    Department of Health and Human Services, as constituted in subsection (A);

(2)    State Health Insurance Plan, formerly provided for in Section 1-11-710, et seq.;

(3)    health programs in the Department of Health and Environmental Control, as formerly constituted in Section 1-30-45(A), and as otherwise provided by law, including, but not limited to:

(a)    infectious disease prevention;

(b)    maternal and child health;

(c)    chronic disease prevention;

(d)    access to care;

(e)    drug control;

(f)    rape violence prevention;

(g)    independent living;

(h)    home healthcare;

(i)     health facilities licensing;

(k)    certification and inspection of care;

(l)     emergency medical services;

(4)    Department of Alcohol and Other Drug Abuse Services, as formerly constituted in Section 1-30-20(A);

(5)    Department of Mental Health, as formerly constituted in Section 1-30-70(A);

(6)    Department of Disabilities and Special Needs, as formerly constituted in Section 1-30-35(A) ;

(7)    Babynet, the agency designated by the Governor by Executive Order to provide early intervention services for infants and toddlers with disabilities, as formerly provided for at Section 44-7-2510 et seq.;

(8)    Department of Social Services, as formerly constituted in Section 1-30-100(A);

(9)    State Aging Network, as may be provided for in law or otherwise;

(10)    Division of Aging, as formerly constituted in Section 1-30-110(A);

(11)    Department of Vocational Rehabilitation, as formerly provided for at Section 43-31-10 et seq.;

(12)    Commission for the Blind, as formerly provided for at Section 43-25-10 et seq.;

(13)    School for the Deaf and Blind, as formerly provided for at Section 59-47-10 et seq.;

(14)    John de la Howe School, as formerly provided for at Section 59-49-10 et seq.;

(15)    Wil Lou Gray Opportunity School, as formerly provided for at Section 59-51-10 et seq.;

(16)    Division for the Review of Foster Care of Children, as formerly constituted in Section 1-30-110(A);

(17)    the Guardian ad Litem Program, as formerly constituted in Section 1-30-110(A);

(18)    Continuum of Care of Emotionally Disturbed Children, as formerly constituted in Section 1-30-110(A);

(19)    Children's Case Resolution System, as formerly provided for in Section 20-7-5230 et seq.;

(20)    First Steps to School Readiness, as formerly provided for at Section 59-152-10 et seq;

(21)    'Development Disabilities Council', as provided for by Executive Order 2001-07;

(22)    Long Term Care Ombudsman Program, as formerly provided for at Section 48-38-10 et seq.;

(23)    State Ombudsman in the Office of the Governor, as may be provided for in law or otherwise;

(24)    the Employment Security Commission, as formerly provided for by Chapters 27 through 41, Title 41.

(C)    Effective January 1, 2005, the Office of State Inspector General in the Department of Health and Human Services is established in Chapter 8, Title 1.

(D)    Each transferred office must be maintained as a distinct component of the Department of Health and Human Services. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.

(E)    Where the provisions of this act transfer offices, or portions thereof, to the new Department of Health and Human Services, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Health and Human Services. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Health and Human Services, with the same compensation, classification, and grade level, as applicable.

(F)    Regulations promulgated by these transferred offices as they formerly existed are continued and are considered to be promulgated by these offices under the newly created Department of Health and Human Services.

Section 1-30-55.    Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance:

Department of Insurance, formerly provided for at Section 38-3-10, et seq.

Section 1-30-60.    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice:

Department of Youth Services, formerly provided for at Section 20-7-6805, et seq.

Section 1-30-65.    Effective on February 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Labor, Licensing, and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:

(A)    Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;

(B)    Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;

(C)    Professional and Occupational Licensing Boards including:

Accountancy Board, formerly provided for at Section 40-1-10, et seq.;

Architectural Board of Examiners, formerly provided for at Section 40-3-10, et seq.;

Athletic Commission, formerly provided for at Section 52-7-10, et seq.;

Auctioneers Commission, formerly provided for at Section 40-6-10, et seq.;

Barber Examiners Board, formerly provided for at Section 40-7-10, et seq.;

Barrier Free Design Board, formerly provided for at Section 10-5-210, et seq.;

Building Code Council, formerly provided for at Section 6-9-60, et seq.;

Burglar Alarm Business, formerly provided for at Section 40-79-10, et seq.;

Chiropractic Examiners Board, formerly provided for at Section 40-9-10, et seq.;

Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;

Cosmetology Board, formerly provided for at Section 40-13-10, et seq.;

Dentistry Board, formerly provided for at Section 40-15-10, et seq.;

Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;

Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10, et seq.;

Environmental Systems Operators Board, formerly provided for at Section 40-23-10, et seq.;

Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10, et seq.;

Foresters Registration Board, formerly provided for at Section 48-27-10, et seq.;

Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;

Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;

Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;

Manufactured Housing Board, formerly provided for at Section 40-29-10, et seq.;

Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;

Nursing Board, formerly provided for at Section 40-33-10, et seq.;

Nursing Home Administrators Board, formerly provided for at Section 40-35-10, et seq.;

Occupational Therapy Board, formerly provided for at Section 40-36-10, et seq.;

Optometry Board, formerly provided for at Section 40-37-10, et seq.;

Opticianry Board, formerly provided for at Section 40-38-10, et seq.;

Pharmacy Board, formerly provided for at Section 40-43-10, et seq.;

Physical Therapy Examiners, formerly provided for at Section 40-45-10, et seq.;

Physicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10, et seq.;

Podiatry Examiners, formerly provided for at Section 40-51-10, et seq.;

Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10, et seq.;

Psychology Board of Examiners, formerly provided for at Section 40-55-20, et seq.;

Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.;

Real Estate Commission regulating Real Estate Brokers, Counsellors, Salesmen, Auctioneers, and             Property Managers, formerly provided for at Section 40-57-10 et seq., and Real Estate Appraisers Board, formerly provided for at Section 40-60-10 et seq.;

Residential Home Builders Board, formerly provided for at Section 40-59-10, et seq.;

Social Worker Board of Examiners, formerly provided for at Section 40-63-10, et seq.;

Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10, et seq.;

Veterinary Medical Examiners, formerly provided for at Section 40-69-10, et seq.

Section 1-30-70.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:

Department of Mental Health, provided for at Section 44-9-10, et seq.

(B)    Effective on July 1, 2004, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services, Office of Mental Health and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services, Office of Mental Health.

Section 1-30-75.    (A)    Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in, and must be administered as part of the Department of Natural Resources. The department must be divided initially into divisions for Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fisheries, and State Natural Resources Enforcement. The South Carolina Wildlife and Marine Resources Commission, as constituted on June 30, 1993, and after that time, under the provisions of Section 50-3-10 et seq. is the governing authority for the department:

(1)    Geological Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;

(2)    State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;

(3)    South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;

(4)    Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;

(5)    South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq.

(B)    Effective on July 1, 2004, the name of the Department of Natural Resources is changed to the Division of Natural Resources, Department of Environment and Natural Resources and the Department of Natural Resources, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Division of Natural Resources, and all powers, duties, obligations, and responsibilities of the Department of Natural Resources are devolved upon the Division of Natural Resources, Department of Environment and Natural Resources.

Section 1-30-80.    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.

Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.

Section 1-30-85.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and must be administered as part of the Department of Probation, Parole, and Pardon Services:

Department of Probation, Pardon, and Parole, formerly provided for at Section 24-21-10, et seq.

(B)    Effective on July 1, 2004, the Department of Probation, Parole and Pardon Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Corrections and Probation, Division of Probation, Parole and Pardon Services and all powers, duties, obligations, and responsibilities of the Department of Probation, Parole and Pardon Services are devolved upon the Division of Probation, Parole and Pardon Services, Department of Corrections and Probation.

Section 1-30-90.    The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education.

(A)    Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;

(B)    State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;

(C)    Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;

(D)    Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.;

(E)    Public Safety Division, formerly of the Governor's Office.

Section 1-30-95.    The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue to be initially divided into divisions for Alcohol Beverage Control and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.;

(A)    Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;

(B)    Tax Commission, formerly provided for at Section 12-3-10, et seq.

Section 1-30-97.    Effective upon the expiration of the term of the Secretary of State serving on the date of the ratification of a constitutional amendment requiring the Secretary of State to be appointed by the Governor with the advice and consent of the Senate, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Secretary of State.

All programs, including all allied, advisory, affiliated, or related entities as well as employees, funds, property, and all contractual rights and obligations associated with the Election Commission as provided in Chapter 3, Title 7, except those included in or transferred to another department or division, are transferred to and incorporated in and must be administered as part of the Division of Elections; and all powers, duties, obligations, and responsibilities of the Election Commission, except those powers, duties, obligations, and responsibilities of the commission while functioning as the State Board of Canvassers, are devolved upon the Division of Elections, Department of Secretary of State.

Section 1-30-100.    (A)    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Social Services:

Department of Social Services, formerly provided for at Section 43-1-10, et seq.

(B)    Effective on July 1, 2004, the Department of Social Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Human Services, Bureau of Social Services, and all powers, duties, obligations, and responsibilities of the Department of Social Services are devolved upon the Department of Health and Human Services, Division of Human Services, Bureau of Social Services.

Section 1-30-105.    Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:

Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

Section 1-30-110.    (A)    Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:

(1)    Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;

(2)    Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;

(3)    State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;

(4)    Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;

(5)    Commission on Women, formerly provided for at Section 1-15-10, et seq.;

(6)    Commission on Aging, formerly provided for at Section 43-21-10, et seq.;

(7)    Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;

(B)    Effective July 1, 2004, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included or transferred to another department, are transferred to and incorporated in and shall be administered as part of the Office of the Governor:

(1)    State Office of Victim's Assistance;

(2)    Department of Veterans Affairs; and

(3)    Commission on Women.

(C)    Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Advocacy and Coordination of Client Services:

(1)    Continuum of Care for Emotionally Disturbed Children;

(2)    Guardian Ad Litem Program; and

(3)    Division for the Review of the Foster Care of Children.

Section 1-30-120.    Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the State Law Enforcement Division:

(A)    Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;

(B)    State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq.

Section 1-30-130.    Effective upon the expiration of the term of the Adjutant General serving on the date of the ratification of a constitutional amendment requiring the Adjutant General to be appointed by the Governor with the advice and consent of the Senate, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Adjutant General:

The term 'Office' as used in Chapter 1, Title 25, and in other provisions of law unless otherwise stated means 'department'.

Section 1-30-135.    Effective upon the expiration of the term of the Comptroller General serving on the date of the ratification of a constitutional amendment requiring the Comptroller General to be appointed by the Governor with the advice and consent of the Senate, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Comptroller General:

The term 'Office' as used in Chapter 3, Title 11, and in other provisions of law unless otherwise stated means 'department'."

SECTION    1.    Section 25-1-10(3) and (4) of the 1976 Code is amended to read:

"(3)    'Adjutant General' - Shall be understood to be the Adjutant and Inspector General.

(4)    'The Assistant Adjutant General' - Shall be understood to be the Assistant Adjutant and Inspector General."

SECTION    2.    Section 25-1-320 of the 1976 Code is amended to read:

Section 25-1-320.    There shall be is an Adjutant General elected by the qualified electors of this State at the same time and in the same manner and for the same term of office as other State officials appointed by the Governor with the advice and consent of the Senate. His rank shall must be that of major-general. He shall hold holds office until his successor is elected and qualifies. He shall be is ex officio chief of staff. He shall receive such annual salary as may be provided by the General Assembly."

SECTION    3.    Section 25-1-340 of the 1976 Code is amended to read:

"Section 25-1-340.    If the office of Adjutant General is vacated because of the death, resignation, or retirement of the Adjutant General prior to the normal expiration of his term of office, the Governor shall appoint an officer of the active South Carolina National Guard, who is at least the rank of lieutenant colonel, meets the eligibility requirements for a constitutional officer, and who has a minimum of fifteen years' active commissioned service in the South Carolina National Guard, to fill out the unexpired term of the former incumbent. The appointee, upon being duly qualified, is subject to all the duties and liabilities incident to the office and receive the compensation provided by law for the Adjutant General during his term of service. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy in the office of Adjutant General shall serve for the unexpired term only."

SECTION    1.     Section 1-11-10 of the 1976 Code is amended to read:

"Section 1-11-10.     The State Budget and Control Board shall be is comprised of the Governor, ex officio, who shall be chairman, the State Treasurer, ex officio, the Comptroller General, ex officio, and the chairman of the Senate Finance Committee, ex officio, and the chairman of the Ways and Means Committee of the House of Representatives, ex officio."

SECTION    2.     Section 1-11-20 of the 1976 Code is amended to read:

"Section 1-11-20.    (A)    The functions of the State Budget and Board shall be are performed, exercised and discharged under the supervision and direction of the Board through three two management entities: (1) the office of Executive Director and (2) the State Auditor; and through eight divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel),: (1) the General Services Division, (2) the Budget and Analyses Division, (3) the Retirement Division, (4) the Insurance and Grants Services Division, (5) the Procurement Services Division, (6) the State Chief Information Officer Division, (7) the Strategic Planning and Operations Division, and (8) the Internal Audit and Performance Review Division. each Each division to consist consists of a director and such the necessary clerical, stenographic, and technical employees as may be necessary, to be employed by the respective directors with the approval of approved by the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall must be employed by the State Budget and Control Board for such the time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment.

(B)    Notwithstanding subsection (A), as of January 1, 2005, the Division of General Services, the Office of Human Resources in the Budget and Analyses Division, and the Office of Energy in the Insurance and Grants Services Division are transferred to, and incorporated into, the South Carolina Department of Administration.

(C)    Notwithstanding subsection (A), as of January 1, 2005, the Employee Insurance Program in the Insurance and Grants Services Division is transferred to, and incorporated into, the South Carolina Department of Health and Human Services.

(D)    Notwithstanding subsection (A), as of January 1, 2005, the Local Government State Revolving Loan Fund in the Insurance and Grants Services Division is transferred to, and incorporated into, the South Carolina Department of Commerce.

(E)    On and after January 1, 2005, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of two management entities: (1) the Office of Executive Director and (2) the State Auditor; and nine divisions: (1) Statehouse, Legislative, and Judicial Facilities Operations Division, (2) the Budget and Analyses Division, (3) the Retirement Division, (4) the Insurance and Grants Services Division, (5) the Procurement Services Division, (6) the Strategic Planning and Operations Division, (7) the Internal Audit and Performance Review Division, (8) the State Chief Information Officer Division, and (9) the Cultural and Information Services Division.

(F)    Effective January 1, 2005, The Cultural and Information Services Division of the Budget and Control Board is established to coordinate the administrative services of, and provide administrative services to, the State Library, The State Museum, the Department of Archives and History, the Educational Television Commission, the Arts Commission, and the Confederate Relic Room of the Budget and Control Board."

SECTION    3.     Section 1-11-22 of the 1976 Code is amended to read:

"Section 1-11-22.    (A)    Notwithstanding any other provision of law, the Budget and Control Board may organize its staff as it deems considers most appropriate to carry out the various duties, responsibilities and authorities assigned to it and to its various divisions.

(B)    To the extent that any statutory provision divides any responsibilities of any division, office, or program of the Budget and Control Board between the board and one or more state agencies, the transfer must not proceed until a realignment plan for the allocation of staff, assets, and resources is prepared and presented by the board's Executive Director, and approved by the board. Upon the board's approval, the office of the Executive Director must provide for the allocation as specified in the realignment plan as soon as practicable.

(C)    Notwithstanding any other provision of law, wherever the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, whether the responsibility be regulatory, oversight, approval, or other, the board is authorized to expend revenues generated by the programs to support the board's responsibilities related to the programs. The funds may be retained and expended in subsequent fiscal years."

SECTION    4.    Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-54.    (A)    As used in this section:

(1)    'administrative standard' means any requirement imposed by the Department of Administration that is binding upon another state agency;

(2)    'regulation' means any statement of general public applicability that implements or prescribes law or policy or practice requirements of the Department of Administration.

(B)    Any administrative standard developed by the Department of Administration must be reviewed and approved by the Budget and Control Board prior to implementation.

(C)    Any regulation promulgated by the Department of Administration must be reviewed by the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1, prior to implementation."

SECTION    5.     Sections 1-11-55, 1-11-56, 11-11-57, and 1-11-58, all as added by Act 153 of 1997, are amended to read:

"Section 1-11-55.    (1)    'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, government corporation, or other establishment or official of the executive, judicial, or legislative branches branch of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, the Judicial Department, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(2)    The Budget and Control Board South Carolina Department of Administration, Division of General Services, is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section.

(3)    When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the Office Division of General Services of its requirement on rental request forms prepared by the office. Such forms shall indicate the amount and location of space desired, the purpose for which it shall be used, the proposed date of occupancy and such other information as General Services may require. Upon receipt of any such request, General Services shall conduct an investigation of available rental space which would adequately meet the governmental body's requirements, including specific locations which may be suggested and preferred by the governmental body concerned. When suitable space has been located which the governmental body and the office division agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board department as provided for in subsection (5) of this section, General Services shall give its written approval to the governmental body to enter into a lease agreement. All proposed lease renewals shall be submitted to General Services by the time specified by General Services.

(4)    The board department shall adopt procedures to be used for governmental bodies to apply for rental space, for acquiring leased space, and for leasing state-owned space to nonstate lessees. Before implementation, these procedures must be submitted to the Budget and Control Board for approval.

(5)    Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the Director director of the Office Division of General Services of the Department of Administration or his designee.

Section 1-11-56.    The State Budget and Control Board Department of Administration, Division of General Services, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. The department must submit regulations for the implementation of this section to the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1. The board department regulations, upon General Assembly approval, shall include procedures for:

(1)    assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;

(2)    establishing standards for the quality and quantity of space to be leased by a requesting agency;

(3)    devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:

(a)    a nonappropriation for the renting agency,

(b)    a dissolution of the agency, and

(c)    the availability of public space in substitution for private space being leased by the agency;

(4)    rejecting an agency's request for additional space or space at a specific location, or both;

(5)    directing agencies to be located in public space, when available, before private space can be leased;

(6)    requiring the agency to submit a multi-year financial plan for review by the board's budget office Budget and Control Board's Office of State Budget with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period; and

(7)    requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board departmental approval before the adoption of any new lease that commits more than one million dollars in a five-year period.

Section 1-11-57.    (1)    All transactions involving the exchange of title to real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of an acquisition of title by any governmental body by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the acquisition. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.

(2)    All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.

Section 1-11-58.    (1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the State Budget and Control Board Department of Administration, Office Division of General Services, on or before June thirtieth and shall indicate current use, current value, and projected use of the property. Property not currently being utilized for necessary agency operations shall be made available for sale and funds received from the sale of the property shall revert to the general fund.

(2)    The Office Division of General Services will shall review the annual reports addressing real property submitted to it and determine the real property which is surplus to the State. A central listing of such property will be maintained for reference in reviewing subsequent property acquisition needs of agencies.

(3)    Upon receipt of a request by an agency to acquire additional property, the Office Division of General Services shall review the surplus property list to determine if the agency's needs can may be met from existing state-owned property. If such property is identified, the Office division of General Services shall act as broker in transferring the property to the requesting agency under terms and conditions that are mutually agreeable to the agencies involved.

(4)    The Budget and Control Board department may authorize the Office Division of General Services to sell any unassigned surplus real property. The Office of General Services division shall have the discretion to determine the method of disposal to be used, which possible methods include: auction, sealed bids, listing the property with a private broker or any other method determined by the Office of General Services division to be commercially reasonable considering the type and location of property involved."

SECTION    6.     Section 1-11-65 of the 1976 Code, as last amended by Act 26 of 1989, is further amended to read:

"Section 1-11-65.    (A)    All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.

(B)    All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution."

SECTION    7.    Section 1-11-70 of the 1976 Code is amended to read:

"Section 1-11-70.    All vacant lands and lands purchased by the former land commissioners of the State shall be are subject to the directions of the State Budget and Control Board Department of Administration."

SECTION    8.     Sections 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:

"Section 1-11-80.    The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof.

Section 1-11-90.    The State Budget and Control Board ,after consultation with the South Carolina Department of Administration, may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board, the interests of the State will not be adversely affected thereby.

Section 1-11-100.    Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when recommended by the South Carolina Department of Administration and authorized by resolution of the Budget and Control Board, duly recorded in the minutes and records of such Board and when duly approved by the office of the Attorney General; deeds or other instruments conveying such easements over property in the name of or under the control of State agencies, institutions, commissions or other bodies shall be executed by the majority of the governing body thereof, shall name both the State of South Carolina and the institution, agency, commission or governing body as grantors, and shall show the written approval of the majority of the members of the State Budget and Control Board.

Section 1-11-110.    (1)    The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise.

(2)    The State Budget and Control Board, after consultation with the South Carolina Department of Administration, shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the Board. The right of condemnation is limited to the right to acquire land necessary for the development of the capitol complex mall in the City of Columbia."

SECTION    9.     Section 1-11-180 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 1-11-180.    (A)    In addition to the powers granted the Budget and Control Board South Carolina Department of Administration under this chapter or any other provision of law, the board department may:

(1)    survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;

(2)    approve the destruction or disposal of state agency records;

(3)    require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;

(4)     approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;

(5) (3)    contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs. However, this does not authorize capital expenditures.

(B)    The Budget and Control Board South Carolina Department of Administration may must promulgate regulations necessary to carry out this section."

SECTION    10.    Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Section 1-11-185.    (A)    In addition to the powers granted the Budget and Control Board pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.

(B)    The Budget and Control Board may promulgate regulations necessary to carry out its duties.

(C)    The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."

SECTION    11.     Section 1-11-220 of the 1976 Code is amended to read:

"Section 1-11-220.    There is hereby established within the Budget and Control Board, the Division of Motor Vehicle Management headed by a Director, hereafter referred to as the "State Fleet Manager", appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the Board. The Board South Carolina Department of Administration shall develop a comprehensive state Fleet Management Program. The program shall must address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.

The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:

(a)    to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.

(b)    to eliminate unofficial and unauthorized use of state vehicles.

(c)    to minimize individual assignment of state vehicles.

(d)    to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.

(e)    to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.

(f)    to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."

SECTION    12.     Section 1-11-225 of the 1976 Code is amended to read:

"Section 1-11-225.    The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."

SECTION    13.     Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A) and (B), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:

"Section 1-11-250.    For purposes of Sections 1-11-220 to 1-11-330:

(a)    'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.

(b)    'Board' means State Budget and Control Board; 'department' means the South Carolina Department of Administration.

Section 1-11-260.    (A)    The Fleet Manager department shall report annually to the Budget and Control Board board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's department's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.

(B)    The board department , after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.

Section 1-11-270.    (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, and statewide elected officials, and agency heads are provided a state-owned vehicle based on their position. Agency heads may be provided a state-owned vehicle if recommended by the department and approved by the Agency Heads Salary Commission.

(B)    Law enforcement officers, as defined by the agency head, may be permanently assigned state-owned vehicles by their respective agency head. Agency heads may assign a state-owned vehicle to an employee when the vehicle carries or is equipped with special equipment needed to perform duties directly related to the employee's job, and the employee is either in an emergency response capacity after normal working hours or for logistical reasons it is determined to be in the agency's interest for the vehicle to remain with the employee. No other employee may be permanently assigned to a state-owned vehicle, unless the assignment is cost advantageous to the State under guidelines developed by the State Fleet Manager department. Statewide elected officials, law enforcement officers, and those employees who have been assigned vehicles because they are in an emergency response capacity after normal working hours are exempt from reimbursing the State for commuting miles. Other employees operating a permanently assigned vehicle must reimburse the State for commuting between home and work.

Section 1-11-280.    The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board for each trip, specifying beginning and ending mileage and the job function performed.

The provisions of this section shall do not apply to school buses and service vehicles.

Section 1-11-290.    The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.

The State Vehicle Maintenance program shall include:

(a)    central purchasing of supplies and parts;

(b)    an effective inventory control system;

(c)    a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and

(d)    preventive maintenance programs for all types of vehicles.

All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.

All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.

Section 1-11-300.    In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board approval shall be required and that the existing systems shall be uniform with the criteria established by the board. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:

(1)    from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;

(2)    from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and

(3)    from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.

These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations shall adjust the appropriation in Part IA, Section 63B, for "Operating Expenses--Lease Fleet" to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.

Section 1-11-310.    (A)    The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.

(B)    The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.

(C)    The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management Department of Administration and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.

(D) (C)    All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Section of Motor Vehicle Management pending sale or disposal of the vehicle.

(E) (D)     Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.

(F) (E).    Exceptions to requirements in subsections subsection (B) and (C) must be approved by the director of the Division of Motor Vehicle Management department. Requirements in subsection (B) do not apply to the State Development Board.

(G) (F).    Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.

Section 1-11-320.    The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.

This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.

Section 1-11-335.    The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.

Section 1-11-340.    The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."

SECTION    14.    Section 1-11-710 of the 1976 Code is amended to read:

"Section 1-11-710.     (A)    The Subject to the approval of the State Budget and Control Board, the Department of Administration shall:

(1)    make available to active and retired employees of this State and its public school districts and their eligible dependents group health, dental, life, accidental death and dismemberment, and disability insurance plans and benefits in an equitable manner and of maximum benefit to those covered within the available resources.

(2)    approve by August fifteenth of each year a plan of benefits, eligibility, and employer, employee, retiree, and dependent contributions for the next calendar year. The board shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. Provided that the Department of Administration, subject to the approval of the Budget and Control Board, by July 1 of the current fiscal year, shall develop and implement a plan increasing the employer contribution rates of the State Retirement System to a level adequate to cover the employer's share for the current fiscal year's cost of providing health and dental insurance to retired state and school district employees. The plan must include a method for the distribution of the funds appropriated as provided by law which are designated for retiree insurance and also must include a method for allocating to school districts, excluding EIA funding, sufficient general fund monies to offset the additional cost incurred by these entities in their federal and other fund activities as a result of this employer contribution charge.

The amounts appropriated in this section shall constitute the State's pro rata contributions to these programs except the State shall pay its pro rata share of health and dental insurance premiums for retired state and public school employees for the current fiscal year.

(3)    adjust the plan, benefits, or contributions, at any time to insure the fiscal stability of the system.

(4)    set aside in separate continuing accounts in the State Treasury, appropriately identified, all funds, state-appropriated and other, received for actual health and dental insurance premiums due. Funds credited to these accounts may be used to pay the costs of administering the health and dental insurance programs and may not be used for purposes of other than providing insurance benefits for employees and retirees. A reserve equal to not less than an average of one and one-half months' claims must be maintained in the accounts and all funds in excess of the reserve must be used to reduce premium rates or improve or expand benefits as funding permits.

(B)    The board Budget and Control Board may authorize the Insurance Reserve Fund Department of Administration to provide reinsurance, in an approved format with actuarially developed rates, for the operation of the group health insurance or cafeteria plan program, as authorized by Section 9-1-60, for active and retired employees of the State, and its public school districts and their eligible dependents. Premiums for reinsurance provided pursuant to this subsection must be paid out of state appropriated and other funds received for actual health insurance or cafeteria plan premiums due.

(C)    Notwithstanding Sections 1-23-310 and 1-23-320 or any other provision of law, claims for benefits under any self-insured plan of insurance offered by the State to state and public school district employees and other eligible individuals must be resolved by procedures established by the board, which shall constitute the exclusive remedy for these claims, subject only to appellate judicial review consistent with the standards provided in Section 1-23-380.

SECTION    15.    Chapter 47, Title 2 of the 1976 Code is amended to read:

"Section 2-47-20.    There is hereby created a six member joint committee of the General Assembly to be known as the Joint Bond Review Committee to study and monitor policies and procedures relating to the approval of permanent improvement projects and to the issuance of State general obligation and institutional bonds; to evaluate the effect of current and past policies on the bond credit rating of the State; and provide advisory assistance in the establishment of future capital management policies. Three members shall be appointed from the Senate Finance Committee by the chairman thereof and three from the Ways and Means Committee of the House of Representatives by the chairman of that committee. Terms of members of the committee shall correspond to the terms for which they are elected to the General Assembly. The committee shall elect officers of the committee, but any person so elected may succeed himself if elected to do so.

The expenses of the committee shall be paid from approved accounts of both houses. The Legislative Council and all other legislative staff organizations shall provide such assistance as the joint committee may request.

Section 2-47-30.    The committee is specifically charged with, but not limited to, the following responsibilities:

(1)    To review, prior to approval by the Budget and Control Board, Budget and Analyses Division, the establishment of any permanent improvement project and the source of funds for any such project not previously authorized specifically by the General Assembly.

(2)    To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues.

(3)    To recommend priorities of future bond issuance based on the social and economic needs of the State.

(4)    To recommend prudent limitations of bond obligations related to present and future revenue estimates.

(5)    To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term recommendations for the General Assembly.

(6)    To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the Budget and Control Board.

(7)    To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee.

Section 2-47-35.    No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Joint Bond Review Committee, in consultation with the Budget and Control Board, establishes priorities for the funding of the projects. The Joint Bond Review Committee shall report its priorities to the members of the General Assembly within thirty days of the establishment of the funding priorities.

Section 2-47-40.    To assist the State Budget and Control Board (the Board) and the Joint Bond Review Committee (the Committee) in carrying out their respective responsibilities, any agency or institution requesting or receiving funds from any source for use in the financing of any permanent improvement project, as a minimum, shall provide to the Board, in such form and at such times as the Board, after review by the Committee committee, may prescribe:

(a)    a complete description of the proposed project;

(b)    a statement of justification for the proposed project;

(c)    a statement of the purposes and intended uses of the proposed project;

(d)    the estimated total cost of the proposed project;

(e)    an estimate of the additional future annual operating costs associated with the proposed project;

(f)    a statement of the expected impact of the proposed project on the five-year operating plan of the agency or institution proposing the project;

(g)    a proposed plan of financing the project, specifically identifying funds proposed from sources other than capital improvement bond authorizations; and

(h)    the specification of the priority of each project among those proposed.

All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the Board through the Commission on Higher Education which shall forward all such statements and all supporting documentation received to the Board together with its comments and recommendations. The recommendations of the Commission on Higher Education, among other things, shall include all of the permanent improvement projects requested by the several institutions listed in the order of priority deemed appropriate by the Commission on Higher Education without regard to the sources of funds proposed for the financing of the projects requested.

The Board shall forward a copy of each project proposal and justification statement and supporting documentation received together with the Board's recommendations on such projects to the Committee committee for its review and action. The recommendations of the Commission on Higher Education shall be included in the materials forwarded to the Committee committee by the Board.

No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the Committee committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.

Section 2-47-50.    The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.

Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the Board and reviewed by the Committee committee shall be referred to the Committee committee for review prior to approval by the Board.

Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the Board to be substantial shall be referred to the Committee committee for its review prior to any final action by the Board. In making their determinations regarding changes in project scope, the Board and the Committee committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the Board and reviewed by the Committee committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the Committee committee for review. The Committee committee shall be advised promptly of all actions taken by the Board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the Board.

Section 2-47-55.    All state agencies responsible for providing and maintaining physical facilities are required to submit an Annual Permanent Improvement Program (APIP) to the Joint Bond Review Committee and the Budget and Control Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year. The purpose of the APIP process is to provide the board and the committee with a comprehensive view of each agency's permanent improvement activities. Agencies must submit an APIP to the committee and the board on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP and provide its recommendations to the board and the committee. The board and the committee may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.

The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.

Section 2-47-56.    Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services Budget and Control Board, Procurement Services Division, and the Joint Bond Review Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts.

Section 2-47-60.    The Joint Bond Review Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."

SECTION    16.     Chapter 9, Title 3 of the 1976 Code is amended to read:

Section 3-9-10.    (a)    The Upon review and approval by the Budget and Control Board, the Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized to:

(1)    To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;

(2)    To warehouse such property; and

(3)    To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.

(b)    The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.

(c)    For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.

(d)    The Budget and Control Board is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed considered necessary and suitable for the administration of this chapter.

(e)    The Director of the Division of General Services of the Department of Administration is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.

(f)    The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

(g)    The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.

Section 3-9-20.    The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.

Section 3-9-30.    Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.

Section 3-9-40.    The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."

SECTION    17.     Section 10-1-30 of the 1976 Code is amended to read:

"Section 10-1-30.    The Director of the Division of General Services of the State Budget and Control Board may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the board. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building. The regulations must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas."

SECTION    18.     Section 10-1-130 of the 1976 Code is amended to read:

"Section 10-1-130.    The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the recommendation of the Department of Administration and the concurrence and acquiescence of the State Budget and Control Board, whenever it appears that such easements will not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall be placed in the State Treasury to the credit of the institution or agency having control of the property involved."

SECTION    19.     Sections 10-1-180 and 10-1-190 of the 1976 Code, both as added by Act 145 of 1995, are amended to read:

"Section 10-1-180.    The expenditure of funds by any state agency, except the Department of Transportation for permanent improvements as defined in the state budget, is subject to the review and recommendation of the Department of Administration and approval and regulation of the State Budget and Control Board, Budget and Analyses Division. The board shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Board is not required for minor construction projects, including renovations and alterations, where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Board.

All construction, improvement, and renovation of state buildings shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of the aforementioned codes and referenced standards on state buildings. Any interested local officials shall coordinate their comments related to state buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power, other utilities, or firefighting services. Agencies may appeal to the Director of Office of General Services Budget and Control Board, Procurement Services Division, regarding the application of these codes to state buildings.

Section 10-1-190.    As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department, subject to the approval of the Budget and Control Board."

SECTION    20.     Section 10-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 10-7-10.    All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control Board, Insurance and Grants Services Division. Any building or buildings, and the contents thereof, owned by the Department of Transportation may be insured by the State Budget and Control Board, with the consent or approval of such board, or the Department of Transportation shall have the alternative of assuming its own risks."

SECTION    21.     Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 10-11-50.    (A)    It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways.

(B)    The Department of Administration must ensure that parking spaces are available in the garage below the Capitol Complex, in proximity to the buildings utilized by the legislative, judicial, and executive branches, in the locations in use on the effective date of this section, and assigned as follows:

(1)    two hundred thirty for the House of Representatives;

(2)    two hundred and twelve for the Senate;

(3)    twenty-nine for the Judicial Department; and

(4)    fifty-seven for the Governor's Office."

SECTION    22.     Section 10-11-90 of the 1976 Code is amended to read:

"Section 10-11-90.    The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."

SECTION    23.     Section 10-11-110 of the 1976 Code is amended to read:

"Section 10-11-110.    In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."

SECTION    24.     Sections 11-9-610, 11-9-620, and 11-9-630 of the 1976 Code are amended to read:

"Section 11-9-610.    The State Budget and Control Board South Carolina Department of Administration shall receive and manage the incomes and revenues set apart and applied to the Sinking Fund of the State. The department must report annually on the financial status of the Sinking Fund to the Budget and Control Board.

Section 11-9-620.    All moneys arising from the redemption of lands, leases and sales of property or otherwise coming to the State Budget and Control Board South Carolina Department of Administration for the Sinking Fund, shall be paid into the State Treasury and shall be kept on a separate account by the Treasurer as a fund to be drawn upon the warrants of the Board department for the exclusive uses and purposes which have been or shall be declared in relation to the Sinking Fund.

Section 11-9-630.    The Subject to the approval of the State Budget and Control Board, the South Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem consider most advantageous to the State. This shall not be construed to authorize the sale by the Board of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."

SECTION    25.     Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:

"Section 11-35-3810.     Subject to existing provisions of law, the board South Carolina Department of Administration shall promulgate regulations governing:

(1)    the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;

(2)    the transfer of excess supplies between agencies and departments.

Section 11-35-3820.    Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the Office Division of General Services. Such sales shall be held at such places and in such manner as in the judgment of the Office Division shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Services division all surplus personal property not in actual public use held by that agency for sale. The Office of General Services division shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.

Section 11-35-3830    (1)    Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in trade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board Department of Administration.

(2)    Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board Department of Administration shall have the authority to determine whether:

(a)    the subject personal property shall be traded in and the value applied to the purchase of new like items; or

(b)    the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board departmental determination shall be in writing and be subject to the provisions of this chapter.

(3)    Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer department a record listing all trade-in sales made under subsections (1) and (2) of this section.

Section 11-35-3840.    The Office of General Services of the State Budget and Control Board, Procurement Services Division, may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office's Division's activities. Such items shall be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall be placed in a revenue account and expended for the cost of providing such services."

SECTION    26.     Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"Section 11-35-4020.    Governmental bodies approved by the board South Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the Office Division of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."

SECTION    27.     Section 44-53-530(a) and (b) is amended to read:

"Section 44-53-530.    (a)    Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.

If there is a dispute as to the division allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board South Carolina Department of Administration.

(b)    If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."

SECTION    28.     Section 44-96-140 of the 1976 Code is amended to read:

"Section 44-96-140.    (A)    Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the Governor's Office, the Judiciary, each state agency, and each state-supported institution of higher education shall:

(1)    establish a source separation and recycling program in cooperation with the department and the Division of General Services of the State Budget and Control Board South Carolina Department of Administration for the collection of selected recyclable materials generated in state offices throughout the State including, but not limited to, high-grade office paper, corrugated paper, aluminum, glass, tires, composting materials, plastics, batteries, and used oil;

(2)    provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both;

(3)    evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and

(4)    establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.

(B)    Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the Office of Materials Management Division of General Services, Department of Administration.

(C)    By November first of each year the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the Office of Materials Management, Division of General Services, Department of Administration. The report also must review existing procurement regulations for the purchase of products and materials and must identify any portions of such regulations that discriminate against products and materials with recycled content and products and materials which are recyclable.

(D)    Not later than one year after this chapter is effective, the Division of General Services shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable.

(E)    Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the Governor's Office, the Judiciary, all state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure products and materials with recycled content and products and materials which are recyclable where practicable, as determined by the Office of Materials Management, Division of General Services, Department of Administration. The list of recycled content specifications must be updated annually. It is the goal of the General Assembly for state and local governmental agencies to reflect a twenty-five percent goal in their procurement policies. The decision not to procure such items shall be based on a determination that such procurement items:

(1)    are not available within a reasonable period of time;

(2)    fail to meet the performance standards set forth in the applicable specifications; or

(3)    are only available at a price that exceeds by more than seven and one- half percent the price of alternative items.

(F)    Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of:

(1)    compost as a substitute for regular soil amendment products in all highway projects;

(2)    solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials;

(3)    solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and

(4)    recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports."

SECTION    29.     Section 10-5-230 of the 1976 Code, as last amended by Act 303 of 2000, is further amended to read:

"Section 10-5-230.    (A)    There is created the South Carolina Board for Barrier-Free Design, composed of nine members, six to be appointed by the Governor for terms of four years and until their successors are appointed and qualify. No fewer than two appointed members of the board must have mobility impairments, one appointed member must be a building official, and one appointed member must be a licensed architect. Vacancies on the board must be filled in the same manner as the original appointment for the remainder of the unexpired term. In addition to the appointed members, the following three ex officio members shall serve on the board:

(1) the Director of the Department of Labor, Licensing and Regulation;

(2) the Director of the State Department Bureau of Vocational Rehabilitation; and

(3) the State Engineer employed by the Budget and Control Board South Carolina Department of Administration.

The ex officio members may appoint proxies for their respective offices.

(B)    The ex officio members and their proxies have all the powers, privileges, and duties of the appointed members."

SECTION    30.     Section 10-5-270(A)(1) of the 1976 Code, as last amended by Act 303 of 2000 is further amended to read:

"(1)    for state owned or leased facilities, to the State Engineer, Office of General Services, State Budget and Control Board Procurement Services Division;"

SECTION    31.     Chapter 9 of Title 10 of the 1976 Code of laws is amended to read:

Section 10-9-10.    The Public Service Authority may, through its board of directors, make and execute leases of gas, oil and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said Authority; and the State Budget and Control Board South Carolina Department of Administration and the forfeited land commissions of the several counties of this State may, with the approval of the Attorney General, make and execute such leases over and upon the lands and waters of the State and of the several counties under the ownership, management, or control of such Board department and commissions respectively.

Section 10-9-20    No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.

Section 10-9-30.    Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the State Budget and Control Board South Carolina Department of Administration may negotiate for leases of oil, gas and other mineral rights upon all of the lands and waters of the State, including offshore marginal and submerged lands.

Section 10-9-35.    In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly.

Funds so accumulated shall be expended only for the following purposes:

(1)    to retire the bonded indebtedness incurred by South Carolina;

(2)    for capital improvement expenditures.

Section 10-9-40.    The authority conferred upon the Public Service Authority, the State Budget and Control Board South Carolina Department of Administration, and the forfeited land commissions by this article shall be cumulative and in addition to the rights and powers heretofore vested by law in such Authority, such State Budget and Control Board South Carolina Department of Administration, and such commissions, respectively.

Section 10-9-110.    The State Budget and Control Board South Carolina Department of Administration shall be charged with the exclusive control and protection of the rights and interest of the State in the phosphate rocks and phosphatic deposits in the navigable streams and in the marshes thereof.

Section 10-9-120.    The Board department may inquire into and protect the interests of the State in and to any phosphatic deposits or mines, whether in the navigable waters of the State or in land marshes or other territory owned or claimed by other parties, and in the proceeds of any such mines and may take such action for, or in behalf of, the State in regard thereto as it may find necessary or deem proper.

Section 10-9-130.    The Board department may issue to any person who applies for a lease or license granting a general right to dig, mine and remove phosphate rock and phosphatic deposits from all the navigable streams, waters and marshes belonging to the State and also from such of the creeks, not navigable, lying therein as may contain phosphate rock and deposits belonging to the State and not previously granted. Such leases or licenses may be for such terms as may be determined by the Boards department. The annual report of the Board department to the General Assembly shall include a list of all effective leases and licenses. The Board department may make a firm contract for the royalty to be paid the State which shall not be increased during the life of the license. Provided, that prior to the grant or issuance of any lease or license, the Board department shall cause to be published a notice of such application in a newspaper having general circulation in the county once a week for three successive weeks prior to the grant or issuance. Provided, further, the lessee or licensee may not take possession if there be an adverse claim and the burden of proving ownership in the State shall be placed upon the lessee or licensee.

Section 10-9-140.    In every case in which such application shall be made to the Board department for a license the Board department may grant or refuse the license as it may deem best for the interest of the State and the proper management of the interests of the State in such deposits.

Section 10-9-150.    As a condition precedent to the right to dig, mine and remove the rocks and deposits granted by any such license, each licensee shall enter into bond, with security, in the penal sum of five thousand dollars, conditioned for the making at the end of every month of true and faithful returns to the Comptroller General of the number of tons of phosphate rock and phosphatic deposits so dug or mined and the punctual payment to the State Treasurer of the royalty provided at the end of every quarter or three months. Such bond and sureties thereon shall be subject to the approval required by law for the bonds of State officers.

Section 10-9-160.    Whenever the Board department shall have reason to doubt the solvency of any surety whose name appears upon any bond executed for the purpose of securing the payment of the phosphate royalty by any person digging, mining and removing phosphate rock or phosphatic deposits in any of the territory, the property of the State, under any grant or license, the Board department shall forthwith notify the person giving such bond and the sureties thereon and require that one or more sureties, as the case may be, shall be added to the bond, such surety or sureties to be approved by the Board department.

Section 10-9-170.    The Board department, upon petition filed by any person who is surety on any such bond as aforesaid and who considers himself in danger of being injured by such suretyship, shall notify the person giving such bond to give a new bond with other sureties and upon failure of such person to do so within thirty days shall cause such person to suspend further operations until a new bond be given. But in In no case shall the sureties on the old bond be discharged from liability thereon until the new bond has been executed and approved, and such sureties shall not be discharged from any antecedent liability by reason of such suretyship.

Section 10-9-180.    The Board department is hereby vested with full and complete power and control over all mining in the phosphate territory belonging to this State and over all persons digging or mining phosphate rock or phosphatic deposit in the navigable streams and waters or in the marshes thereof, with full power and authority, subject to the provisions of Sections 10-9-130 and 10-9-190 to fix, regulate, raise or reduce such royalty per ton as shall from time to time be paid to the State by such persons for all or any such phosphate rock dug, mined, removed and shipped or otherwise sent to the market therefrom. But six Six months' notice shall be given all persons at such time digging or mining phosphate rock in such navigable streams, waters or marshes before any increase shall be made in the rate of royalty theretofore existing.

Section 10-9-190.    Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.

Section 10-9-200.    The State Budget and Control Board South Carolina Department of Administration shall, within twenty days after the grant of any license as aforesaid, notify the Comptroller General of the issuing of such license, with the name of the person to whom issued, the time of the license and the location for which it was issued.

Section 10-9-210.    Every person who shall dig, mine or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One half of such penalty shall be for the use of the State and the other half for the use of the informer.

Section 10-9-220.    It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined or removed from the navigable streams, waters or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Board department to dig, mine or remove such phosphate rock or phosphatic deposit.

Section 10-9-230.    Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One half of such forfeiture shall be for the use of the State and the other half for the use of the informer.

Section 10-9-240.    Should any person whosoever interfere with, obstruct or molest or attempt to interfere with, obstruct or molest the Board department or anyone by it authorized or licensed hereunder in the peaceable possession and occupation for mining purposes of any of the marshes, navigable streams or waters of the State, then the Board department may, in the name and on behalf of the State, take such measures or proceedings as it may be advised are proper to enjoin and terminate any such molestation, interference or obstruction and place the State, through its agents, the Board department or any one under it authorized, in absolute and practical possession and occupation of such marshes, navigable streams or waters.

Section 10-9-250.    Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge or other appliances for such mining or removal, without the leave or license of the Board department thereto first had and obtained, all such boats, vessels, marine dredges and other appliances are hereby declared forfeited to and property of the State, and the Attorney General, for and in behalf of the State, shall institute proceedings in any court of competent jurisdiction for the claim and delivery thereof, in the ordinary form of action for claim and delivery, in which action the title of the State shall be established by the proof of the commission of any such act of forfeiture by the person owning them, or his agents, in possession of such boats, vessels, marine dredges or other appliances. In any such action the State shall not be called upon or required to give any bond or obligation such as is required by parties plaintiff in action for claim and delivery.

Section 10-9-260.    Any person wilfully interfering with, molesting or obstructing or attempting to interfere with, molest or obstruct the State or the State Budget and Control Board South Carolina Department of Administration or anyone by it authorized or licensed in the peaceable possession and occupation of any of the marshes, navigable streams or waters of the State, including the Coosaw River phosphate territory, or who shall dig or mine or attempt to dig or mine any of the phosphate rock or phosphatic deposits of this State without a license so to do issued by the Board department shall be punished for each offense by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than one nor more than twelve months, or both, at the discretion of the court.

Section 10-9-270.    The Board department shall report annually to the General Assembly its actions and doings under this article during the year to the time of the meeting of the Assembly, with an itemized account of its expenses for the year incurred in connection with its duties and powers under this article.

Section 10-9-310.    For purposes of this article geothermal resources mean the natural heat of the earth at temperatures greater than forty degrees Celsius and includes:

(1)    The energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat.

(2)    The material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium.

(3)    All dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.

Section 10-9-320.    The State Budget and Control Board (board) South Carolina Department of Administration may lease development rights to geothermal resources underlying surface lands owned by the State. The board department must promulgate regulations regarding the method of lease acquisition, lease terms, and conditions due the State under lease operations. The South Carolina Department Division of Natural Resources, Department of Environment and Natural Resources is designated as the exclusive agent for the board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to geothermal resource leases as may be included herein as responsibilities of the board.

Section 10-9-330.    Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use."

SECTION    1.     Section 1-1-970 of the 1976 Code is amended to read:

"Section 1-1-970.    All agencies, departments and institutions of state government shall furnish to the State Personnel Division of Human Resources of the South Carolina Department of Administration, not later than fifteen days following the close of the second quarter of each even-numbered year, a current personnel organization chart in a form prescribed by the division showing all authorized positions, the personnel grade and compensation of each and indications as to whether such positions are filled or vacant.

All agencies, departments and institutions of state government shall furnish to the State Personnel Division of Human Services of the Department of Administration not later than fifteen days following the close of each quarter except the second quarter of each even-numbered year, any and all changes or alterations to the personnel organization chart in a form prescribed by the division.

The State Personnel Division of Human Resources of the Department of Administration shall ensure that all reports submitted to the division by agencies, departments and institutions of state government are accurate and up-to-date and, based on that information, shall furnish to the Legislative Audit Council organizational charts and alterations to existing charts for each such agency, department and institution in such form as the division and Audit Council shall determine.

The charts prepared by the division shall be furnished to the Audit Council not later than thirty days following the end of each quarter."

SECTION    2.     Section 1-1-1410 of the 1976 Code, as last amended by Act 92 of 2003, is further amended to read:

"Section 1-1-1410.    Every state agency, based upon guidelines developed by the Office Division of Human Resources. State Budget and Control Board South Carolina Department of Administration, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."

SECTION    3.     Section 8-11-40 of the 1976 Code, as last amended by Act 100 of 1999, and Section 8-11-41 of the 1976 Code are amended to read:

"Section 8-11-40.    All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board South Carolina Department of Administration. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board Department of Administration, through the Division of Personnel Human Resources, may promulgate those regulations subject to review by the General Assembly in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.

Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.

Employees earning sick leave as provided in this section may use not more than eight days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild.

Section 8-11-41.    The provisions of Section 8-11-40 shall apply to all state agencies, departments and institutions and shall be administered by each such agency, department and institution pursuant to rules and regulations adopted by the State Budget and Control Board South Carolina Department of Administration. The sick leave records of all agencies, departments and institutions coming under the provisions of this section and Section 8-11-40 shall be subject to audit by the Budget and Control Board."

SECTION    4.     Section 8-11-50 of the 1976 Code is amended to read:

"Section 8-11-50.    A State employee, except employees of agencies following academic schedules, who is required to work on a legal holiday shall be given compensatory time at the convenience of the agency in which employed within ninety days of such holiday. Employees following academic schedules who are required to work on a legal holiday shall be given compensatory time at the convenience of the agency in which employed within one year from the date of the holiday. Permanent employees who do not work a normal Monday through Friday workweek shall receive no more nor any fewer number of holidays than those employees who work the normal Monday through Friday workweek. All State employees whose positions are nonexempt as defined by the Fair Labor Standards Act and who are not allowed to take compensatory leave, earned for working on a legal holiday, within the ninety-day period or the one-year period in the case of employees who follow academic schedules, shall be compensated for the holiday by the employing agency, at the straight hourly pay rate of the employee, no later than the second regular pay period following the last day of the time period prescribed in which compensatory time must be given. Provided, however, ; except that the ninety day period referred to above may be extended for an additional ninety days upon a satisfactory showing to the Budget and Control Board South Carolina Department of Administration that because of limited staffing compliance with the original ninety day limit is not feasible and upon approval of such extension by the Board department."

SECTION    5.    Section 8-11-98 of the 1976 Code is amended to read:

"Section 8-11-98.    The Comptroller General Director of the Department of Administration or any official of a political subdivision of the State which is authorized to disburse funds in payment of salaries or wages of public officers or employees shall, upon written authorization, deduct from the salary or wages of such officer or employee the amounts authorized for payment to any lawfully chartered credit union. The monies deducted shall be paid promptly to the designated organization.

Subject to any regulations prescribed by the Budget and Control Board, the The Comptroller General Department of Administration may prescribe any procedures necessary to carry out the provisions of this section."

SECTION    6.     Section 8-11-120 of the 1976 Code, as last amended by Act 484 of 1990, is further amended to read:

"Section 8-11-120.    (A) All state offices, agencies, departments, and other divisions and branches of the state government shall notify, at least five working days prior to the close of the application period, the Columbia Metro Job Service Office of the South Carolina Bureau of the Employment Security Commission and the Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration of a vacancy in any employment position for which recruitment will be undertaken, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270. Notification of such vacant position must include the following:

(a)    the title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;

(b)    the entry salary and/or salary range for the vacant position;

(c)    the name of the agency where the vacant position exists;

(d)    a description of the application process for the vacant position;

(e)    residency requirements, if any, for the vacant position;

(f)    the classification code, the slot, and the position number, if any, of the vacant position;

(g)    the minimum requirements for the vacant position, as well as preferred qualifications, if any;

(h)    the opening and closing dates for applying for the vacant position;

(i)     a statement certifying that the employer is an equal employment opportunity/affirmative action employer;

(j)     the Merit System status of the vacancy; and

(k)    the normal work schedule and whether the position is full-time or part-time.

The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (k).

If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five working days, and the notice of vacancy does not have to be sent to the Bureau of Employment Security Commission or to the Recruitment Section, Division of Human Resources Management of the Budget and Control Board Department of Administration.

If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency director or the director's designee waiving the posting requirement at the agency and state level.

(B)    If a position classification continually is vacant an agency has an open recruitment policy for a position classification, one announcement at the beginning of each fiscal year is sufficient notification to the Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration and the Columbia Metro Job Service Office of the South Carolina Bureau of Employment Security Commission.

(C)    The Recruitment Section, Division of Human Resources Management of the Budget and Control Board South Carolina Department of Administration must report all filled positions to the South Carolina Bureau of Employment Security Commission."

SECTION    7.     Section 8-11-145 of the 1976 Code is amended to read:

"Section 8-11-145.     If there is an accidental injury arising out of and in the course of employment with the State, which is covered under Workers' Compensation, an employee who is not eligible for or who has exhausted his paid administrative leave shall make an election to use either accrued leave time (sick or annual, or both) or Workers' Compensation benefits awarded in accordance with Title 42. Before the election is made, the effect of each available option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the options to him. The election of the employee is irrevocable as to each individual incident.

When an employee is placed on paid administrative leave or has elected to use all or any portion of accrued leave time and the leave time is exhausted before the employee can return to work, the employee is entitled to Workers' Compensation benefits effective at the time the specified amount of leave is exhausted.

An employee who is placed on paid administrative leave or who has elected to use accrued leave time, under the provisions of this section, is eligible for the payment of medical costs provided by Workers' Compensation benefits.

An employee also may elect to receive Workers' Compensation on a prorated basis in conjunction with sick or annual leave, or both, in accordance with a proration formula established by the State Budget and Control Board South Carolina Department of Administration. Before this election is made, the effect of this option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the option to him."

SECTION    8.     Section 8-11-165 of the 1976 Code as last amended by Act 145 of 1995, is further amended to read:

"Section 8-11-165.    It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads must be conducted by the Office Division of Human Resources of the Budget and Control Board South Carolina Department of Administration every three years. The staff of the office division shall serve as the support staff to the Agency Head Salary Commission, upon the request of the commission.

No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board.

No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.

The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the Board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.

All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."

SECTION    9.     Section 8-11-185 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 8-11-185.     (A)    Of the funds appropriated to the Office Division of Human Resources of the State Budget and Control Board Department of Administration under "Recruitment - Other Operating Expenses" in the annual general appropriations act of the State, the office may use up to five thousand dollars to create and operate a reduction in force applicant pool.

(B)    If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office Division of Human Resources for inclusion of information on all employees affected by this reduction in the office's reduction in force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status for those wishing to be considered for other positions.

(C)    An agency seeking to fill a vacancy or a new position must obtain information from the Office Division of Human Resources' reduction in force applicant pool provided to the office pursuant to subsection (A). An agency shall provide priority consideration to employees terminated due to a reduction in force for any vacancy or new position in the same classification, classification series, or position category held at the time of layoff. An agency is prohibited from filling the position if the agency does not first seek to fill the position from among these qualified employees provided by the Office Division of Human Resources."

SECTION    10.    Section 8-11-195 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 8-11-195.     (A)    During a fiscal year when the Board of Economic Advisors officially estimates and the State Budget and Control Board formally certifies that revenues likely will result in a deficit in excess of the combined reserves in the Capital Reserve Fund and the General Fund Reserve, the board Department of Administration may authorize the furlough of employees of state agencies, institutions, or departments. However, a furlough only may be authorized by unanimous consent of the board and only as a last resort alternative to a reduction in force of state employees. Furloughs may be authorized for the time considered necessary by the board but may not exceed ten days in a fiscal year nor more than two days in a pay period. No furlough may be authorized before January fifteenth of the fiscal year in which the deficit is projected to occur.

(B)    If the Budget and Control Board Department of Administration authorizes a furlough, to the extent practical it must be statewide in nature and inclusive of all employees regardless of source of funds, place of work, or tenure. The furlough must include employees in classified positions and unclassified positions as well as agency heads.

(C)    Employees placed on furlough are on leave without pay status, without a break in service, with full continuation of all insurance benefits, and with continuing accumulation of sick and annual leave benefits."

SECTION    11.    Section 8-11-210 of the 1976 Code is amended to read:

"Section 8-11-210.     It is the purpose of this article to establish a State Personnel Division of Human Services under the State Budget and Control Board South Carolina Department of Administration to administer a comprehensive system of personnel administration responsive to the needs of the employees and agencies and essential to the efficient operation of State Government. It shall be applicable to all State agencies, departments, institutions, boards, commissions and authorities, except as may hereinafter be exempted."

SECTION    12.     Sections 8-11-230, 8-11-240, and 8-11-250 of the 1976 Code are amended to read:

"Section 8-11-230.    There is hereby created as a part of the State Budget and Control Board South Carolina Department of Administration, the State Personnel Division of Human Resources (hereinafter referred to as the Division), which shall be responsive to agency needs for all personnel functions and which shall implement the provisions of this article subject to the policies and direction of the Board department.

The administrative head of the Division division shall be the State Personnel Director who shall be appointed by the Board department. The State Personnel Director may employ such staff as deemed necessary to efficiently carry out the provisions of this article within authorized funding.

The Budget and Control Board South Carolina Department of Administration is authorized and directed to:

1. (1)    Establish procedures for the regulation of compensation of all State employees where not otherwise regulated directly by the General Assembly. Such procedures and regulations shall distinguish between two categories of positions, classified and unclassified. A uniform Classification and Compensation Plan shall be provided for such regulation of all positions in the classified service. Such additional procedures shall be provided as in its judgment adequately and equitably regulate unclassified positions. These procedures and regulations are subject to the review of the General Assembly pursuant to the Administrative Procedures Act.

2. (2)    Develop and revise as necessary in coordination with agencies served specifications for each position in the classified service concerning the minimum educational training, experience and other qualifications considered necessary to assure adequate performance of the duties and responsibilities. The Board department and agency heads will require adherence to these specifications. The Board department may waive training and experience requirements where circumstances warrant upon request and adequate justification by the agency head.

3. (3)    After coordinating with agencies served, develop fair employment policies to assure that appointments to position in the State classified service are made on the basis of merit and fitness without regard to race, sex, age, religion, political affiliation or national origin.

4. (4)    Operate a recruitment and applicant referral program as an optional service available to all agencies.

5. (5)    Validate selection procedures for the classified service in accordance with sound personnel practices and the requirements of federal law or regulation.

6. (6)     After coordination with agencies served, develop policies and programs concerning leave with or without pay, hours of work, fringe benefits (except State retirement benefits), employee/management relations, performance appraisals, grievance procedures, employee awards, dual employment, disciplinary action, separations, reductions in force, and other conditions of employment as may be needed. These procedures and regulations are subject to the review of the General Assembly pursuant to the Administrative Procedures Act.

7. (7)    Provide assistance and coordinate with the agencies served training and career development programs for State employees.

8. (8)    Enter into agreement with any political subdivision of the State to furnish services and facilities in the administration of its personnel program. Any such agreement shall provide for the reimbursement to the State of the reasonable cost of the services and facilities furnished. All political subdivisions of the State are hereby authorized to enter into such agreements.

9. (9)    Establish and maintain a central personnel data system on all State employees covered by this article, both classified and unclassified, and in coordination with agencies served, determine that data to be recorded on employees and positions and the procedures and forms to be used by all agencies in reporting data.

10. (10)    Develop a position management data system to assure conformity with Board department policies and State law.

11. (11)    Delegate to the heads of the State agencies served such of the above responsibilities as may be appropriate in such form as the Board department may determine. Any specific delegation of authority must be submitted to the Budge and Control Board for review and approval.

Section 8-11-240.    The Board South Carolina Department of Administration shall exercise final approval on policies and programs incident to the administration of the provisions of this article and shall hear appeals of appointing authorities relating to the administration of the provisions of Section 8-11-230 that are not otherwise provided for by other statutes.

Section 8-11-250.    There is hereby created an Advisory Council whose function shall be to meet on a regular basis with the State Personnel Director of Human Resources Division to review and to comment on proposed policies, procedures and regulations and to make suggestions to the State Personnel Director director on these or other matters referred to the Advisory Council. The Advisory Council shall be appointed by the Budget and Control Board Department of Administration and shall consist of five persons skilled or trained in personnel management or employee relations who may or may not be public employees. Provided, further, that one of the five members herein shall be the Executive Secretary of the South Carolina State Employees' Association. To guarantee continuity, appointments shall be made for staggered terms. To accomplish this purpose initial appointments shall be as follows: one member shall be appointed for two years, two members shall be appointed for three years, and two members shall be appointed for four years. All subsequent appointments shall be for four-year terms. Appointment of a chairman shall be by the Governor for a term coterminous with the Governor's term. Members of the Advisory Council shall receive no salary but shall receive compensation provided by law for members of boards, committees and commissions."

SECTION    13.    Section 8-11-650 of the 1976 Code is amended to read:

"Section 8-11-650.     Leave, as authorized by this article, shall be based upon a five-day workweek except where services are maintained seven days a week; provided, however, that no agency shall schedule a workweek of less than thirty-seven and one-half hours. The State Budget and Control Board South Carolina Department of Administration, through the State Personnel Division of Human Resources, may establish, by appropriate regulations, procedures for the equitable calculation of leave for those employees who work a different number of days, including permanent part-time employees."

SECTION    14.    Sections 8-11-670 and 8-11-680 of the 1976 Code are amended to read:

"Section 8-11-670.     Notwithstanding any other provisions of law, including the provisions of this article, the department or agency head may allow an employee, under emergency or extreme hardship conditions, who has used all accumulated sick leave and thirty days of annual leave to use under such emergency or hardship conditions any remaining annual leave which he has accumulated, subject to review by the Budget and Control Board South Carolina Department of Administration upon appeal by the employee.

Section 8-11-680.    The provisions of this article shall apply to all State agencies, departments and institutions and shall be administered by each such agency, department and institution pursuant to regulations adopted by the State Budget and Control Board South Carolina Department of Administration. The article, however, shall not apply to teaching personnel and officials of academic rank at State-supported institutions of higher learning. The personnel records of all agencies, departments and institutions coming under the provisions of this article shall be subject to audit by the State Personnel Division of Human Resources of the Department of Administration."

SECTION    15.    Article 9, Chapter 11 of Title 8 of the 1976 Code is amended to read:

Section 8-11-700.    As used in this article:

(1)    "Employing agency" means the agency in which the leave recipient is employed.

(2)    "Leave donor" means an employee of an employing agency whose voluntary written request for transfer of annual or sick leave to the pool leave account of his employing agency is granted.

(3)    "Leave recipient" means an employee of an employing agency who has a personal emergency and is selected to receive annual or sick leave from the pool leave account of his employing agency.

(4)    "Personal emergency" means a catastrophic and debilitating medical situations, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

(5)    "Division" means the Human Resources Management Division of the State Budget and Control Board South Carolina Department of Administration.

Section 8-11-710.    (A)    Employees of a state agency may request leave from the pool leave account established in this article of his agency for a personal emergency in the manner and under the conditions authorized by this article.

(B)    This leave request must be submitted to the employing agency and must be accompanied by the following information concerning the employee:

(1)    the name, employing agency, position title, and classification of the employee; and

(2)    a brief description of the nature, severity, and anticipated duration of the medical, family, or other hardship situation affecting the employee.

Section 8-11-720.    In conformity with guidelines established by the State Budget and Control Board South Carolina Department of Administration, the director of the employing agency may select leave recipients within the agency for participation in the leave-transfer program from among the potential leave recipients of the agency requesting leave under Section 8-11-710. The selections of the director of the employing agency are final, and there is no administrative or judicial appeal of the selections. Unless the personal emergency involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use transferred leave.

Section 8-11-730.    (A)    An employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual or sick leave or both be transferred from his annual or sick leave account to a pool account the agency establishes to distribute leave to leave recipients employed by the agency pursuant to this article, except that an employee with less than fifteen days in his sick leave account may not transfer any sick leave to the pool account, and an employee with more than fifteen days in his sick leave account may transfer sick leave to the pool account if he retains a minimum of fifteen days in his own sick leave account. An employee may donate no more than one-half of the annual or sick leave he earns within a calendar year to the appropriate pool leave account for that calendar year. Once leave of an employee has been transferred to the pool account, it may not be restored or returned to the leave donor.

(B)    Under guidelines established by the State Budget and Control Board South Carolina Department of Administration, the employing agency may transfer all or any portion of the annual leave in the pool account to the annual leave account of the leave recipient, and all or any portion of the sick leave in the pool account to the sick leave account of the leave recipient.

(C)    Annual or sick leave transferred under this section may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced annual or sick leave granted.

Section 8-11-740.    (A)    Upon approval by the director of the employing agency, a leave recipient may use annual or sick leave from the pool account established under Section 8-11-730 in the same manner and for the same purposes as if he had accrued the leave in the manner provided by law. Leave that accrues to the account of the leave recipient must be used before any transferred leave from the pool account.

(B)    Transferred annual or sick leave from the pool account remaining to the credit of a leave recipient when the leave recipient's employment terminates must not be transferred to another employee, included in a lump-sum payment for accrued leave, or included in the recipient's total service for retirement computation purposes.

Section 8-11-750.    (A)    The personal emergency affecting a leave recipient terminates when the employing agency determines that the personal emergency no longer exists or the leave recipient's employment by the employing agency terminates.

(B)    The employing agency shall monitor continuously the status of the personal emergency affecting the leave recipient and establish procedures to ensure that the leave recipient is not permitted to receive or use transferred annual or sick leave from the pool account after the personal emergency ceases to exist.

(C)    When the personal emergency affecting a leave recipient terminates, the employing agency may not grant any further requests for transfer of annual or sick leave from the pool account to the leave accounts of the leave recipient.

Section 8-11-760.    Under guidelines established by the State Budget and Control Board South Carolina Department of Administration, any transferred annual or sick leave remaining to the credit of a leave recipient when the personal emergency affecting the leave recipient terminates must be restored to the pool account.

Section 8-11-770.    The division shall require employing agencies to maintain records and report pertinent information to the division concerning the administration of the leave-transfer program for the purpose of evaluating the desirability, feasibility, and cost of the transfer program."

SECTION    16.    Section 8-12-60 of the 1976 Code is amended to read:

"Section 8-12-60.    The State Budget and Control Board South Carolina Department of Administration, through its state personnel division Human Resources Division, shall promulgate regulations subject to review by the General Assembly and administer the provisions of this chapter and shall assist any agency or department of this State or any political subdivision thereof in participating in employee interchange programs authorized by this chapter."

SECTION    17.     Section 8-17-320(3), (5), and (23) of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:

"(3)    'Board' means the State Budget and Control Board. (Reserved)

(5)    'Class' means a group of positions sufficiently similar in the duties performed, degree of supervision exercised or received, minimum requirements of education, experience or skill, and the other characteristics that the same state class title and the same state salary range are applied to each position in the group by the Office Division of Human Resources of the South Carolina Department of Administration.

(23)    'State Human Resources Director' means the head of the Office Division of Human Resources of the State Budget and Control Board South Carolina Department of Administration, or his designee."

SECTION    18.     The first sentence of Section 8-17-330 of the 1976 Code is amended to read:

"Each agency shall establish an agency employee grievance procedure that must be reduced to writing and submitted for approval to the Office Division of Human Resources of the South Carolina Department of Administration."

SECTION    19.     Section 8-17-340 of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:

"Section 8-17-340.    (A)    There is created the State Employee Grievance Committee constituted and appointed to serve as an administrative hearing body for state employee appeals. The State Human Resources Director shall forward to the committee for a hearing all appeals which meet jurisdictional requirements and relate to the following adverse employment actions: terminations, salary decreases based on performance, demotions, suspensions for more than ten days, and reductions in force when the State Human Resources Director determines there is a material issue of fact regarding inconsistent or improper application of the agency's reduction in force plan or policy. The committee shall consist of at least eighteen and not more than twenty-four members who must be appointed by the State Budget and Control Board South Carolina Department of Administration, subject to the review and approval by the Budget and Control Board, to serve for terms of three years and until their successors are appointed and qualify. All members of the committee must be selected on a broadly representative basis from among the personnel of the various state agencies as recommended by the agency head.

The committee annually shall elect a chairman from among its members to serve for a one-year term. In addition, the State Human Resources Director may divide the committee into panels of five members to sit at hearings and designate a member to serve as the presiding officer and a member to serve as secretary at all panel hearings. A quorum of a panel consists of at least three members.

Vacancies occurring for a reason other than expiration of a term must be filled by the State Budget and Control Board Department of Administration in the same manner as the original appointments, subject to the review an approval by the Budget and Control Board. Members may be reappointed for succeeding terms at the discretion of the State Budget and Control Board department. The committee and the State Human Resources Director may recommend to the State Budget and Control Board department that it promulgate regulations as necessary to carry out the provisions of this article and the board department is authorized to promulgate these and other necessary regulations.

Committee members shall receive their normal pay for the time they are required to be away from their regular assignments. They may be reimbursed as provided by law from funds appropriated to the State Budget and Control Board South Carolina Department of Administration for expenses, such as meals, lodging, and mileage, when using their personal automobiles, incurred in connection with the performance of necessary committee business.

(B)    Whenever an appeal before the committee is initiated by or involves an employee of an agency of which a committee member also is an employee or involves another impermissible conflict of interest, the member is disqualified from participating in the hearing.

(C)    The committee chairman or a designee shall conduct the grievance hearing in an equitable, orderly, and expeditious fashion. The committee chairman or a designee is authorized to administer oaths; to issue subpoenas for files, records, and papers; to call additional witnesses; and to subpoena witnesses. The State Budget and Control Board South Carolina Department of Administration is authorized to request assignment by the Attorney General of one or more of his staff attorneys admitted to practice law in South Carolina to serve in the capacity of committee attorney. If the Attorney General is not able to provide sufficient legal staff for this purpose due to an impermissible conflict of interest, the State Budget and Control Board department, with the approval of the Attorney General, is authorized to secure other qualified attorneys to serve as committee counsel. The committee attorney shall determine the order and relevance of the testimony and the appearance of witnesses, and shall rule on all motions, and all legal issues. The parties are bound by the decisions of the committee chairman or a designee or the committee attorney insofar as these hearings are concerned.

(D)    At these hearings the employee and the agency are allowed representatives, including counsel. During the course of the hearing the parties and witnesses also shall respond to questions asked by the committee attorney or the committee members. The committee attorney or the attorney for the Office Division of Human Resources may assist the committee in the preparation of its findings of fact, statements of policy, and conclusions of law. The committee attorney may be present during the committee's deliberations on its decision only upon the request of the presiding officer. Within twenty calendar days of the conclusion of the hearing, the committee shall render its decision on the appeal. The decision shall include the committee's findings of fact, statements of policy, and conclusions of law.

(E)    The committee may sustain, reject, or modify a grievance hearing decision of an agency as follows:

(1)    In cases involving actual or threatened abuse, neglect, or exploitation, to include those terms as they may be defined in Section 43-35-10 or 20-7-490, of a patient, client, or inmate by an employee, the agency's decision must be given greater deference and may not be altered or overruled by the committee, unless the covered employee establishes that:

(a)    The agency's finding that the covered employee abused, neglected, or exploited or threatened to abuse, neglect, or exploit a patient, client, or inmate is clearly erroneous in view of reliable, probative, and substantial evidence;

(b)    The agency's disciplinary action was not within its established personnel policies, procedures, and regulations; or

(c)    The agency's action was arbitrary and capricious.

(2)    In all other cases, the committee may not alter or overrule an agency's decision, unless the covered employee establishes that the agency's decision is one or more of the following and prejudices substantial rights of the covered employee:

(a)    in violation of constitutional or statutory provisions;

(b)    in excess of the statutory authority of the agency;

(c)    made upon unlawful procedure;

(d)    affected by other error of law;

(e)    clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f)    arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(F)    The decision of the committee members must be transmitted in writing to the employee and the employing agency and is final in terms of administrative review. As a result of this decision, either the covered employee or the agency may request a rehearing or reconsideration within thirty calendar days from receipt of the decision. Petition for judicial review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located. Only after an agency submits a written request to the Office Division of Human Resources seeking approval of the board Budget and Control Board may the agency initiate a petition for judicial review to the court of common pleas of the county in which the covered employee's place of employment is located. However, the agency may perfect the petition for judicial review only upon approval of the board Budget and Control Board. The covered employee or the agency who initiates a petition for judicial review is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the audio tapes of a hearing required for certification of the record to the court of common pleas. Neither the board Budget and Control Board nor the Office Division of Human Resources nor the State Human Resources Director nor the committee may be named in this petition for judicial review. However, any of these entities are entitled to make a motion in the court of common pleas to be allowed to intervene to participate in the petition for judicial review for appropriate reasons including their interest in defending their policies."

SECTION    20.     The last undesignated paragraph of Section 8-17-345 of the 1976 Code, as added by Act 284 of 1996, is amended to read:

"If an agreement by the two parties is not reached, the mediator-arbitrator shall transmit to both parties a final written decision based on the information presented during the process concerning the appeal within forty-five calendar days after the mediator-arbitrator conducts a conference with either or both parties. This forty-five-day period may be extended by the State Human Resources Director under extenuating circumstances. The mediator-arbitrator shall request assistance from the attorney for the Office Division of Human Resources in the preparation of the final written decision. As a result of this decision, either the covered employee or the agency may request a reconsideration within thirty calendar days from receipt of the decision. The mediator-arbitrator shall request assistance from the attorney for the Office Division of Human Resources in the preparation of the written response to the request for reconsideration. Petition for judicial review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located. Only after an agency submits a written request to the Office Division of Human Resources seeking approval of the board Budget and Control Board may the agency initiate a petition for judicial review to the court of common pleas of the county in which the covered employee's place of employment is located. However, the agency may perfect the petition for judicial review only upon approval of the board Budget and Control Board. The record for judicial review shall be limited to the documents which have been submitted by each party and the final written decision of the mediator-arbitrator. Neither the board Budget and Control Board, the department nor the Office Division of Human Resources nor the State Human Resources Director nor the mediator-arbitrator may be named in this petition for judicial review. However, any of these entities are entitled to make a motion in the court of common pleas to be allowed to intervene to participate in the petition for judicial review for appropriate reasons including their interest in defending their policies."

SECTION    21.     Section 8-17-350 of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:

"Section 8-17-350.    When an appeal is filed, the State Human Resources Director shall assemble all records, reports, and documentation of the earlier proceedings on the grievance and review the case to ascertain that there has been full compliance with established grievance policies, procedures, and regulations within the agency involved and shall determine whether or not the action is grievable to the committee or a mediator-arbitrator. The attorney for the Office Division of Human Resources or a committee attorney shall provide the State Human Resources Director legal advice requested to assist the State Human Resources Director in complying with the provisions of this article. If the State Human Resources Director determines that the action is grievable, he shall forward the appeal and documents either (1) to the mediator-arbitrator for mediation-arbitration or (2) after the mediation process has been completed, to the designated committee panel and to the committee attorney for a hearing, whichever is appropriate based on the type of adverse employment action. The State Human Resources Director shall notify committee members, the committee attorney, and the parties concerned of the date, time, and place of hearings. The documents transmitted by the State Human Resources Director to the designated committee panel and committee attorney must be marked into evidence as "Committee Exhibit I" during the committee chairman's opening statement at the beginning of the hearing unless excluded by the committee attorney based on a prior objection raised by either party.

The State Human Resources Director is responsible for recording the hearings, and shall provide to the committee from the resources of the Office Division of Human Resources, the administrative and clerical services required."

SECTION    22.     Section 8-17-380 of the 1976 Code is amended to read:

"Section 8-17-380.    With respect to the teaching and research faculty, professional librarians, academic administrators, and all other persons holding faculty appointments at any post-secondary educational institutions described in item (10) of Section 8-17-370, each such institution, subject to the approval of the State Budget and Control Board South Carolina Department of Administration or its designee and the Commission on Higher Education, shall establish in writing:

(a)    A performance appraisal procedure which shall assure:

(1)    annual review and evaluation of such employees;

(2)    written findings;

(3)    review of evaluations with each covered employee;

(4)    retention of performance appraisals and written comments of such employee, if any, in a permanent file with right of full disclosure to the employee.

(b)    A grievance procedure which shall at an appropriate stage provide a hearing for such employees before an individual or committee designated for such purposes, at which the employee shall have the right to representation by counsel and the opportunity to present evidence in his behalf. Any such procedure shall include the right of the employee to appeal the post-hearing decision to the governing board of the institution, or a committee designated by the board for this purpose, such appeal to be limited to the record of the hearing. Discrimination in compensation, promotion, and work assignment shall be subjects for consideration by such grievance procedure. Dismissal of tenured or other permanent employees and dismissal prior to the end of an employment contract term shall be only for cause, and shall be subject for consideration by such grievance procedure. The granting or the failure to grant tenured status to such employees or nonrenewal of employment contracts at the end of the contract term shall not be subjects for consideration by such grievance procedure.

The grievance and performance appraisal procedure provided for herein shall be submitted to the State Budget and Control Board South Carolina Department of Administration or its designee and the Commission on Higher Education for approval within six months after the establishment of any new institution."

SECTION    1.    Section 48-52-410 of the 1976 Code, as added by Act 449 of 1992, is amended to read:

"Section 48-52-410.    There is established the State Energy Office within the State Budget and Control Board South Carolina Department of Administration which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficiency of use of all energy sources throughout South Carolina through the implementation of the Plan for State Energy Policy. The State Energy Office must not function as a regulatory body."

SECTION    2.    Section 48-52-620(D) of the 1976 Code, as added by Act 449 of 1992, is amended to read:

"(D)    Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual annually report to the Budget and Control Board South Carolina Department of Administration:

(1)    activities undertaken implementing its energy conservation plan; and

(2)    progress made in achieving its energy conservation goals."

SECTION    3.     Section 48-52-635 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 48-52-635.    Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure, as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the State Budget and Control Board South Carolina Department of Administration."

SECTION    4.     Section 48-52-680(C) of the 1976 Code, as added by Act 449 of 1992, is amended to read:

"(C) The State Energy Office shall provide the Office of Property Facilities Management of the Budget and Control Board South Carolina Department of Administration, Division of General Services, information to be used in evaluating energy costs for buildings or portions of buildings proposed to be leased by governmental bodies that are defined in and subject to the Consolidated Procurement Code. The information provided must be considered with the other criteria provided by law by a governmental body before entering into a real property lease."

SECTION    5.    Section 48-46-30(4) and (5) of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"(4)    'Board' means the South Carolina Budget and Control Board or its designated official.

(5)    'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary) or its successor, Department of Administration, and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.

(5)    'Department' means the South Carolina Department of Administration or its designee."

SECTION    6.    Section 48-46-40 of the 1976 code, as added by Act 357 of 2000, is amended to read:

"Section 48-46-40.    (A)(1)    The board Upon the recommendation of the Department of Administration, the Budget and Control Board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State. The approval of disposal rates pursuant to this chapter is neither a regulation nor the promulgation of a regulation as those terms are specially used in Title 1, Chapter 23.

(2)    The board department shall adopt a maximum uniform rate schedule for regional generators containing disposal rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates, excluding any access fees and including a specification of the methodology for calculating fees for large components, generally applicable to regional generators on September 7, 1999. Any disposal rates contained in a valid written agreement that were applicable to a regional generator on September 7, 1999, that differ from rates in the maximum uniform rate schedule will continue to be honored through the term of such agreement. The maximum uniform rate schedule approved under this section becomes effective immediately upon South Carolina' s membership in the Atlantic Compact. The maximum uniform rate schedule shall be the rate schedule applicable to regional waste whenever it is not superseded by an adjusted rate approved by the board department pursuant to paragraph (3) of this subsection or by special disposal rates approved pursuant to paragraphs (5) or (6)(e) of this subsection.

(3)    The board department may at any time of its own initiative, at the request of a site operator, or at the request of the compact commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4), may not exceed initial disposal rates set by the board department pursuant to subsection (2).

(4)    In March of each year the board department shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the board department or a successor index.

(5)    In consultation with the site operator, the board department or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board department pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board department In approving such special rates, the board department or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, or other relevant factors; provided, however, that the board department shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board department under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the department, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the board department, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board department for a regional generator is lower than a disposal rate approved by the board department for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board department and the compact commission each month that no regional generator's disposal rate exceeds any other regional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board department and the compact commission.

(6)(a)    To the extent authorized by the compact commission, the board Budget and Control Board, taking into account the recommendation of the Department of Administration and on behalf of the State of South Carolina may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the board department is authorized by the compact commission to enter into agreements for importation of waste.

The board department shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste:

(i)     160,000 cubic feet in fiscal year 2001;

(ii)     80,000 cubic feet in fiscal year 2002;

(iii)     70,000 cubic feet in fiscal year 2003;

(iv)     60,000 cubic feet in fiscal year 2004;

(v)     50,000 cubic feet in fiscal year 2005;

(vi)     45,000 cubic feet in fiscal year 2006;

(vii)        40,000 cubic feet in fiscal year 2007;

(viii)    35,000 cubic feet in fiscal year 2008.

After fiscal year 2008, the board department shall not authorize the importation of nonregional waste for purposes of disposal.

(b)    The board department may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board department may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors.

(c)    Absent action by the board department under subsection (b) above to establish disposal rates for nonregional generators, rates applicable to these generators must be equal to those contained in the maximum uniform rate schedule approved by the board department pursuant to paragraph (2) or (3) of this subsection for regional generators unless these rates are superseded by special disposal rates approved by the board department pursuant to paragraph (6)(e) of this subsection.

(d)    Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter.

(e)    In consultation with the site operator and upon the recommendation of the Department of Administration, the board Budget and Control Board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board department. Requests by the site operator for such approval shall be in writing to the board department. In approving such special rates, the board department or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board department shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board department under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board department, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the board department, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board department for a nonregional generator is lower than a disposal rate approved by the board department for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board department and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board department and the compact commission.

(B)(1)    Effective upon the implementation of initial disposal rates by the board department under Section 48-46-40(A), the PSC is authorized and directed to identify allowable costs for operating a regional low-level radioactive waste disposal facility in South Carolina.

(2)    In identifying the allowable costs for operating a regional disposal facility, the PSC shall:

(a)    prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;

(b)    obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;

(c)    assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and

(d)    require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings.

(3)    Allowable costs include the costs of those activities necessary for:

(a)    the receipt of waste;

(b)    the construction of disposal trenches, vaults, and overpacks;

(c)    construction and maintenance of necessary physical facilities;

(d)    the purchase or amortization of necessary equipment;

(e)    purchase of supplies that are consumed in support of waste disposal activities;

(f)    accounting and billing for waste disposal;

(g)    creating and maintaining records related to disposed waste;

(h)    the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits;

(i)     site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund;

(j)     compliance with the license, lease, and regulatory requirements of all jurisdictional agencies;

(k)    administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60;

(l)     taxes other than income taxes;

(m)    licensing and permitting fees; and

(n)    any other costs directly associated with disposal operations determined by the PSC to be allowable.

Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable.

(4)    Within 90 days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.

(5)    A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities.

(6)    The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7).

(7)(a)    If the board, upon the recommendation of the Department of Administration and upon the advice of the compact commission or the site operator, concludes based on information provided to the board department, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the board department shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs during the suspension of operations. Any such proposal to suspend operations must be approved by the Department Bureau of Health and Environmental Control Programs in the Division of Health Services, Department of Health and Human Services, with respect to safety and environmental protection.

(b)    Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board department from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board department, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the board department based on revised budgets submitted by the PSC, State Treasurer, and the compact commission.

(c)    Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the board department shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter.

(d)    The PSC may promulgate regulations and policies necessary to execute the provisions of this section.

(8)    The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.

(9)    In all proceedings held pursuant to this section, the board department shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. The Consumer Advocate and the Attorney General of the State of South Carolina shall be parties to any such proceeding. Representatives from the Department Bureau of Health and Environmental Control Programs shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.

(10)    In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceedings under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.

(11)    At any time the compact commission, the board department, or any generator subject to payment of rates set pursuant to this chapter may file a complaint against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint, the PSC shall cause a copy of the complaint to be served upon the site operator. The complaining party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.

(12)    The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.

(C)    The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the board department within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.

(D)(1)    Within 30 days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer.

(2)    If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the board department must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The board department shall as soon as practicable authorize a surcharge on waste disposed in an amount that will fully compensate the fund for the reimbursement to the site operator. In the event that total revenues for a fiscal year do not cover allowable costs plus the operating margin, or quarterly reports submitted pursuant to subsection (C) indicate that such annual revenue may be insufficient, the board department shall consult with the compact commission and the site operator as early as practicable on whether the provisions of Section 48-46-40(B)(7) pertaining to suspension of operations during periods of insufficient revenues should be invoked.

(E)    Revenues received pursuant to item (1) of subsection (D) must be allocated as follows:

(1)    The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy.

(2)    All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the "Nuclear Waste Disposal Receipts Distribution Fund". Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the State Treasurer, and the board department for administrative expenses under this chapter. The Budget and Control Board shall transfer funds to the Department of Administration to underwrite necessary costs related to the implementation of this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.

(3)    All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144 of Title 59.

(F)    Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C)."

SECTION    7.     Section 48-46-50(A) of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"(A)    The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Bureau of Environmental Control, the board department, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws."

SECTION    8.     Section 48-46-60 of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"Section 48-46-60.    (A)    The Governor and the board department are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions:

(1)    adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions;

(2)    adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with subitem (5)(b) of this section;

(3)    adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region;

(4)    authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter;

(5)    adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:

(a)    agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled "Barnwell Economic Development Fund". This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board department. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board department. Upon approval of the Barnwell County governing body and the board department, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;

(b)    adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission;

(c)    agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and

(d)    agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.

(B)    The board, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the board in accordance with the board's directions. All such surcharges shall be included within the disposal rates set by the board pursuant to Section 48-46-40.

(C)    In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the board department at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the board department shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the board department in accordance with the board department department's directions, and the board department shall remit those fees to the compact commission."

SECTION    9.     Section 48-46-90(A) of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"(A)    In accordance with Section 13-7-30, the board department, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Division of Environmental Control is responsible for continued site monitoring."

SECTION    10.     Section 13-7-10(10) of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"(10)    'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary) or its successor, South Carolina Department of Administration, and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose."

SECTION    11.     Section 13-7-30 of the 1976 Code, as last amended by Act 357 of 200, is further amended to read:

"Section 13-7-30.    For purposes of this article, the State Budget and Control Board South Carolina Department of Administration, hereinafter in this section referred to as the board department, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management of all state sinking funds, insurance, and analogous fiscal matters that are relevant to state properties:

(1)    expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this section are limited to the specific purposes of this article;

(2)    lease, sublease, or sell real and personal properties to public or private bodies;

(3)    assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the board department protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities;

(4)    assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, or when the license for the facility is ultimately transferred to an agency of the State, and whenever the federal government or any agency of the federal government has not assumed the responsibility.

In order to finance such extended custody and maintenance as the board department may undertake, the board department may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the board department's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the board department, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated "extended care maintenance fund", to be disbursed on authorization of the board department. Monies in the extended care maintenance funds must be invested by the board department in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. Except as authorized in Section 48-46-40(B)(7)(b) and (D)(2), the extended care maintenance fund must be used exclusively for custodial, surveillance, and maintenance costs during the period of institutional control and during any post-closure and observation period specified by the Department Division of Health and Environmental Control, and for activities associated with closure of the site. Funds from the extended care maintenance fund shall not be used for site closure activities or for custodial, surveillance, and maintenance performed during the post-closure observation period until all funds in the decommissioning trust account are exhausted.

(5)    Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material."

SECTION    12.     Section 13-7-830 of the 1976 Code, as last amended by Act 357 of 2000, is further amended to read:

"Section 13-7-830.    The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board South Carolina Department of Administration."

SECTION    1.     Section 1-11-430 of the 1976 Code and Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, are amended to read:

"Section 1-11-430.    In post-divestiture circumstances, the State, its boards, committees, commissions, councils, and agencies, and other entities excluding counties, municipalities, and special service and school districts must be treated as a single enterprise for purposes of securing and utilizing local and long distance telecommunications equipment and services.

The State Budget and Control Board South Carolina Department of Administration shall secure all telecommunications equipment and services for the state government enterprise under terms it considers suitable and coordinate the supply of the equipment and services for state government use. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services unless approved by the board department. These approvals must be reported annually to the Budget and Control Board.

Section 1-11-435.    To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office Division of the State Chief Information Officer (CIO) of the South Carolina Budget and Control Board should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to, critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."

SECTION    2.     Section 1-11-770 of the 1976 Code, as amended by Act 339 of 2002, is amended to read:

"Section 1-11-770.    (A)    Subject to appropriations, the General Assembly authorizes the state Budget and Control Board South Carolina Department of Administration to plan, develop, and implement a statewide South Carolina 211 Network, which must serve as the single point of coordination for information and referral for health and human services. The objectives for establishing the South Carolina 211 Network are to:

(1)    provide comprehensive and cost-effective access to health and human services information;

(2)    improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems;

(3)    electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services;

(4)    establish and promote standards for data collection and for distributing information among state and local organizations;

(5)    promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services;

(6)    provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referral-service programs;

(7)    test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and case-management processes;

(8)    provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and

(9)    provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access.

(B)    In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the board department. The board department must develop criteria for certification and must adopt the criteria as regulations.

(1)    If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number.

(2)    The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers."

SECTION    3.     Section 11-35-1580 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"Section 11-35-1580.    (1)    Information Technology Management Office. The Information Technology Management Office shall be responsible for:

(a)    assessing the need for and use of information technology;

(b)    administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;

(c)    providing for the disposal of all information technology property surplus to the needs of a using agency;

(d)    evaluating the use and management of information technology;

(e)    operating a comprehensive inventory and accounting reporting system for information technology;

(f)    developing policies and standards for the management of information technology in state government;

(g)    initiating a state plan for the management and use of information technology;

(h)    providing management and technical assistance to state agencies in using information technology; and

(i)     establishing a referral service for state agencies seeking technical assistance or information technology services.

(2)    Exemptions from the Requirements of this Section. The office may establish by regulation categories of procurement for information technology which shall be exempted from the requirements of this section.

(3)    Training and Certification. The office may establish a training and certification program in accordance with Section 11-35-1030.

(A)    The Division of the State Chief Information Officer of the Budget and Control Board is responsible for:

(1)    assessing the need for and use of information technology;

(2)    providing for the disposal of all information technology property surplus to the needs of a using agency;

(3)    evaluating the use and management of information technology;

(4)    operating a comprehensive inventory and accounting reporting system for information technology;

(5)    developing policies and standards for the management of information technology in state government;

(6)    initiating a state plan for the management and use of information technology;

(7)    providing management and technical assistance to state agencies in using information technology; and

(8)     establishing a referral service for state agencies seeking technical assistance or information technology services.

(B)    The Budget and Control Board, Procurement Services Division is responsible for:

(1)    administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;

(2)    establishing by regulation categories of procurement for information technology which shall be exempted from the requirements of this section; and

(3)    establishing a training and certification program in accordance with Section 11-35-1030."

SECTION    4.     Section 23-1-230(H) of the 1976 Code, as added by Act 339 of 2002, is amended to read:

"(H)     The First Responders Advisory Committee shall receive clerical and related assistance from the staff of the South Carolina Law Enforcement Division, the Department of Public Safety, and the Office of Information Resources State Chief Information Officer Division."

SECTION    5.     Section 23-47-30 of the 1976 Code, as added by Act 245 of 1991, is amended to read:

"Section 23-47-30.    (A)    A local government which seeks funding for a 911 system shall submit to the Division of Information Resource Management (DIRM), the State Chief Information Officer within the South Carolina Budget and Control Board a 911 system plan for review and approval. The plan shall conform to the planning guidelines set forth in this chapter, guidelines promulgated by DIRM, and meet the requirements of current tariffs applicable to the 911 system. The plan must include:

(1)    the type of 911 system desired for the local government including the type of equipment to be used and the associated costs;

(2)    the location of the PSAP and the county or municipality agency or organization responsible for operating the PSAP;

(3)    a listing of those public safety agencies whose services will be available through the 911 system;

(4)    the personnel determined necessary to operate and maintain the 911 system;

(5)    educational efforts the local government will undertake to acquaint the general public with the availability and proper use of the 911 system.

(B)    Those local governments which already have a 911 system are encouraged to conform to the standards set forth in this section."

SECTION    6.     Section 23-47-50(E) of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:

"(E)    The 'emergency telephone system' fund must be included in the annual audit of the local government in accordance with guidelines issued by the state auditor's office. A report of the audit must be forwarded to the state auditor within sixty days of its completion, and a copy sent to DIRM the Division of the State Chief Information Officer."

SECTION    7.    Section 58-9-2540(B)(7) of the 1976 Code is amended to read:

"(7)    one representative from the office of the Division of Information Resource Management the State Chief Information Officer, State Budget and Control Board; and"

SECTION    8.     Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(9)    acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Office Division of the State Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"

SECTION    9.     Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended:

"Section 59-150-390.    The State Department of Education, in consultation with the Budget and Control Board's Office Division of the State Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."

SECTION    1.     The followings sections of the 1976 Code are repealed:    1-11-315, 48-52-435, 48-52-440, and 48-52-460.

SECTION    1.    Chapter 3, Title 1 of the 1976 Code is amended by adding:

Section 1-3-300.    It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within executive branch of government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance both the quality and delivery of services.

Section 1-3-305.    There is created within the State Budget and Control Board the Division of the State Chief Information Officer . The division is headed by the State Chief Information Officer appointed by the Governor with the advice and consent of the Senate. The State Chief Information Officer serves at the pleasure of the Budget and Control Board and may be removed by majority vote of the members of the Budget and Control Board that includes a vote by the Governor to remove the State Chief Information Officer.

Section 1-3-310.    The Division of the State Chief Information Officer may be organized in a manner the State Chief Information Officer considers most appropriate to carry out various duties, responsibilities, and authorities assigned to the division.

Section 1-3-315.    As used in this article,

(1)    'Council' means the South Carolina Information Technology Council as established in this article.

(2)    'Division' means the Division of the State Chief Information Officer.

(3)    'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly or its respective branches or its committees, the Judicial Department, Legislative Council, the Office of Legislative Printing and Information Technology Services, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(4)    'Immediate family' means a person who is:

(a)    a spouse;

(b)    a child residing in the same household; or

(c)    claimed as a dependent for income tax purposes

(5)    'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to these, and consulting or other services for design or redesign of information technology supporting business processes.

(6)    'Information technology vendor' means a person or entity who provides or proposes to provide information technology goods or services in excess of an aggregate amount of four hundred thousand dollars to the division pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the division, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.

(7)    'Other state entity' means the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, or any other state agency or department that is not a political subdivision or is not included in the definition of a governmental body.

(8)    'Political subdivision' means the counties, municipalities, school districts, special purpose districts, special service districts, commissioners of public works, and any other local governmental authority, board, commission, agency, department, or political body.

(9)    'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or devised after this article takes effect. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services, and mobile telecommunications services, and includes all facilities and equipment performing these functions.

Section 1-3-320.    (A)    There is created the South Carolina Information Technology Council.

(B)    The council consists of the following nine members:

(1)    two cabinet agency directors appointed by the Governor;

(2)    one noncabinet agency director appointed by the Governor upon recommendation of the president of the State Agency Directors Organization;

(3)    one representative of the state institutions of higher learning appointed by the Council of Public College and University Presidents;

(4)    two citizen members from the private sector appointed by the Governor;

(5)    one citizen member from the private sector appointed by the President Pro Tempore of the Senate;

(6)    one citizen member from the private sector appointed by the Speaker of the House of Representatives; and

(7)    the State Chief Information Officer.

(C)    The State Chief Information Officer serves as chairman of the council.

(D)    Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the council while they hold that office.

(E)    Members serve without compensation, but citizen members of the council are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the council.

(F)    The powers and duties of the council include the following:

(1)    review and approve the coordinated statewide strategic plan for information technology prepared by the division;

(2)    review and approve statewide strategic information technology directions, standards, and enterprise architecture prepared by the division;

(3)    approve the criteria developed by the division for the review and approval of information technology plans and information technology projects of governmental bodies;

(4)    review and approve the procedures developed by the division for the allocation and distribution of funds from the Information Technology Innovation Fund;

(5)    upon recommendation of the division, the council may grant the division and governmental bodies exemptions from the requirements in this article;

(6)        upon recommendation of the division, the council may terminate any information technology project of a governmental body or governmental bodies; and

(7)    upon request of a governmental body, the council may review decisions of the division concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.

Section 1-3-325.    (A)    The State Information Technology Directors Committee is created to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures and facilitate the exchange of information among the information technology directors of governmental bodies. The committee includes representatives from governmental bodies and must be chosen in a manner and number determined by the State Chief Information Officer.

(B)    The State Chief Information Officer may establish other standing or ad hoc advisory committees to provide assistance relating to any other matters within the division's authority.

(C)    Members of the advisory committees appointed pursuant to subsections (A) and (B) are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the committees. Members who are full-time state employees may not receive per diem.

Section 1-3-330.    The powers and duties of the division include the following:

(1)    develop for approval of the council a coordinated statewide strategic plan for information technology;

(2)    develop for approval of the council statewide strategic information technology directions, standards, and enterprise architecture. These directions, standards, and architecture must include, but are not limited to, information related to the privacy and confidentiality of data collected and stored by governmental bodies, web site accessibility, and assistive technologies. The division shall implement necessary management processes to assure that governmental bodies fully comply with these directions, standards, and architecture;

(3)    develop policies and procedures for the effective management of information technology investments throughout their entire life cycles, including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;

(4)    evaluate the information technology of governmental bodies and combine information technology and related resources when the division determines that it is advisable from the standpoint of efficiency and cost effectiveness;

(5)    plan and forecast future needs for information technology and conduct studies and surveys of organizational structures and best management practices of information technology systems and procedures;

(6)    evaluate the information technology plans and projects of governmental bodies to ensure that the plans and projects are consistent with statewide plans, strategies, and standards, including alignment with the state's business goals, investments, and other risk management policies;

(7)    assist the Secretary of Commerce in the development of information technology related industries in the State and the promotion of economic development initiatives based on information technology;

(8)    assist governmental bodies in the development of guidelines concerning the qualifications and training requirements of information technology related personnel;

(9)    secure all telecommunications equipment and services for governmental bodies under terms the division considers suitable and coordinate the supply of the equipment and services for use by governmental bodies;

(10)    operate and manage a state consolidated data center, and other appropriate data centers, to be used by governmental bodies under terms and conditions established by the division;

(11)    develop information technology applications and services for entities requesting them;

(12)    administer information technology related procurements and contracting activities for governmental bodies in accordance with the South Carolina Consolidated Procurement Code;

(13)    enter into agreements and contracts with governmental bodies, political subdivisions, and other state entities to provide and receive goods and services. The division may establish fee schedules to be collectible from governmental bodies and other state entities for services rendered and goods provided;

(14)    hire necessary personnel and assign them duties and powers as the division prescribes; and

(15)    exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes in this article.

Section 1-3-335.    The division has the following additional powers and duties relating to planning and the management of information technology projects of governmental bodies:

(1)    oversee the development of any statewide and multi-agency information technology enterprise projects;

(2)    develop for the approval of the council an approval process for the information technology plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;

(3)    establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;

(4)    develop for the approval of the council an approval process for information technology projects proposed by governmental bodies to ensure that all of these projects conform to statewide information technology plans, strategies, and standards, the information technology plan of the governmental body, and the project management methodology. All information technology projects proposed by governmental bodies that exceed an amount established by the council, initially set at four hundred thousand dollars but subject to adjustment by the council, are subject to division approval. Governmental bodies may not artificially divide these projects so as to avoid divisional approval;

(5)    monitor information technology projects approved by the division. The division may modify and suspend any information technology project that is not in compliance with statewide information technology plans, strategies, and standards or that has not met the performance measures agreed to by the division and the sponsoring governmental body. The council may terminate projects upon recommendation of the division;

(6)    establish minimum qualifications and training standards for project managers; and

(7)    establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology projects.

Section 1-3-340.(A)    The division has the following additional powers and duties relating to telecommunications:

(1)    coordinate the various telecommunications facilities and services used by governmental bodies;

(2)    acquire, lease, construct, or organize facilities and equipment as necessary to deliver comprehensive telecommunications services in an efficient and cost-effective manner, and maintain these facilities and equipment;

(3)    provide technical assistance to governmental bodies in areas such as:

(a)        performing systems development services, including design, application programming, and maintenance;

(b)    conducting research and sponsoring demonstration projects pertaining to all facets of telecommunications; and

(c)    planning and forecasting for future needs in communications services.

(B)    If requested by a political subdivision or other state entity, the division may supply telecommunications goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.

(C)    A governmental body may not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the division.

Section 1-3-345.    (A)    The division has the following additional powers and duties relating to information technology procurements by governmental bodies:

(1)    ensure that information technology procurements are conducted in a manner consistent with the South Carolina Consolidated Procurement Code and related regulations;

(2)    ensure that information technology procurements conform to statewide information technology plans, strategies, and standards. The division may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;

(3)    recommend to the council categories of information technology procurement, which must be exempted from the requirements of the South Carolina Consolidated Procurement Code and related regulations;

(4)    enter into cooperative purchasing agreements with political subdivisions or other state entities for the procurement of information technology and allow political subdivisions and other state entities to participate in the division's procurement of information technology under terms and conditions established by the division; and

(5)    participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.

(B)    If requested by a political subdivision or other state entity, the division may supply information technology goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.

Section 1-3-350.    The division has the following additional powers and duties relating to the security of government information and infrastructure:

(1)    to protect the state's critical information technology infrastructure and associated data systems if there is a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue if there is such an event, the division shall develop a Critical Information Technology Infrastructure Protection Plan which devises policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to data and information systems necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All governmental bodies of this State are directed to assist the division in the collection of data required for this plan;

(2)    the division shall oversee, plan, and coordinate periodic security audits of governmental bodies regarding the protection of government information and information technology infrastructure. These security audits may include, but are not limited to, on-site audits as well as reviews of all written security procedures. The division may conduct the security audits or contract with a private firm or firms to conduct these security audits. Governmental bodies subject to a security audit shall cooperate fully with the entity designated to perform such audits.

Section 1-3-355.    (A)    The Budget and Control Board shall provide, from funds appropriated for that purpose by the General Assembly, funds necessary to carry out all duties and responsibilities assigned to the division that are not reimbursable through a fee-for-service methodology. The division must deposit in a special account in the Office of the State Treasurer revenue received from providing goods and services to governmental bodies, political subdivisions, and other state entities. The revenue deposited in the account may be expended only for the costs of providing the goods and services, and these funds may be retained and expended for the same purposes.

(B)    There is created an Information Technology Innovation Fund. This fund must provide incentives to governmental bodies to implement enterprise initiatives and electronic government projects. Use of the fund must encourage governmental bodies to pursue innovative and creative approaches using technology that provides needed citizens' services more cost effectively and efficiently. The fund may not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund consists of those funds appropriated through the state budget process, grants, gifts, and other donations received by the State or otherwise available. The division, with the approval of the council, is responsible for developing appropriate procedures for the allocation and distribution of these funds.

Section 1-3-360.    (A)    An information technology vendor for a contract or contracts must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.

(B)    An information technology vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the division shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6):

(1)    for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment of this section, and

(2)    during the term of the contract or contracts.

(C)    The prohibition in subsection (B) specifically applies to the officer or board member of an information technology vendor, holders of an interest in an information technology vendor of more than ten percent, and their immediate family members."

SECTION    2.    Title 1 of the 1976 Code is amended by adding:

Section 1-8-10.    (A)    There is hereby created as a separate division within the Department of Administration the Office of the State Inspector General to be headed by a State Inspector General. The State Inspector General must be responsible for promoting integrity and efficiency in executive agencies.

(B)    The State Inspector General must possess the following qualifications:

(1)    a bachelor's degree from an accredited college or university with major in accounting, or with a major in business which includes five courses in accounting, and five years of experience as an internal auditor of independent post auditor, electronic data processing auditor, accountant, or any combination thereof. The experience must at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or

(2)    a master's degree in accounting, business administration, or public administration from an accredited college or university and four years of experience as required in item (1); or

(3)    a certified public accountant license or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and five years of experience as required in item (1).

(C)    The State Inspector General must be appointed by the Governor with the advice and consent of the Senate for a term to be coterminous with that of the Governor.

(D)    The State Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection.

(E)    The State Inspector General may be removed from office at the Governor's discretion by an executive order as provided in Section 1-3-240(B).

(F)    The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Governor and shall exercise other powers and perform other duties as the Governor requires. The State Inspector General must be directly responsible to the Governor and must be independent of any other executive agency.

Section 1-8-20.    (A)    For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, department, board, commission, institution, university, college, body politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived. 'Executive agency' or 'executive agencies' does not mean or include municipalities, counties, special purpose districts, the South Carolina National Guard, or any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

(B)    The purpose of the Office of State Inspector General is to:

(1)    initiate, supervise, and coordinate investigations, recommend polices, and carry out other activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all executive agencies;

(2)    keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;

(3)    provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.

(C)    Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.

(D)    The Office of State Inspector General and the State Inspector General have no jurisdiction, power, or authority over:

(1)    the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard;

(2)    municipalities, counties, or special purpose districts; or

(3)    any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

Section 1-8-30.    (A)    It is the duty and responsibility of the State Inspector General to:

(1)    initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;

(2)    investigate, upon receipt of a complaint or for cause, any administrative action of any executive agency including, but not limited to, the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety;

(3)    examine the records of any executive agency;

(4)    require and obtain immediately by written notice from officers and employees of executive agencies, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence;

(5)    have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;

(6)    recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;

(7)    coordinate complaint-handling activities in executive agencies;

(8)    implement policies to conform to the standards of Chapter 27 of Title 8 concerning information received from state employees;

(9)    establishing and maintaining an 800 telephone number for reporting fraud, waste, and abuse and for use as a whistle blower's hotline;

(10)    report expeditiously to and cooperate fully with the State Attorney General, South Carolina Law Enforcement Division, the United States Attorney General, an appropriate solicitor, and other law enforcement agencies when there are recognizable grounds to believe that there has been a violation of criminal law or that a civil action should be initiated;

(11)    refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate;

(12)    review, evaluate, and monitor the policies, practices, and operations of the Executive office of Governor;

(13)    conduct special investigations and management reviews at the request of the Governor;

(14)    select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office; and

(15)    promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations for a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.

(B)    The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.

Section 1-8-40.    (A)    Upon request of the State Inspector General for information or assistance, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.

(B)    If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Governor for appropriate action.

(C)    The State Inspector General must submit any findings in the form of a written report to the Governor upon completion of any investigation or audit. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.

(D)    The State Inspector General must monitor the implementation of the executive agency's response to any report. No later than six months after the State Inspector General publishes a report on the executive agency, the State Inspector General must provide a written response to the Governor on the status of corrective actions taken. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.

(E)    No later that February 15th of each year, the State Inspector General must submit an annual report summarizing the activities of the office during the immediately preceding state fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Legislative Audit Council. The report must include, but need not be limited to:

(1)    a description of activities relating to the development, assessment, and validation of performance measures;

           (2)    a description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period;

(3)    a description of the recommendations for corrective action made by the State Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies identified;

(4)    the identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; and

(5)    a summary of each audit and investigation completed during the reporting period.

(F)    Any report under this section is subject to public disclosure to the extent that it does not include information made confidential and exempt under the provisions of Sections 30-4-20(c) and 30-4-40. However, when the State Inspector General or a member of his staff receives from an individual a complaint or information, the name or identity of the individual, must not be disclosed to anyone else without the written consent of the individual, unless the State Inspector General determines that such disclosure is unavoidable during the course of the investigation.

(G)    The State Inspector General may make public reports relating to the administration of the programs and operations of an executive agency that are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines to issue a public report, he must consult with the Attorney General and other laws enforcement agencies before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;

(H)    In performing his duties, the State Inspector General is subject to the statutory provisions and penalties regarding confidentiality of records of the executive agency or person under review.

Section 1-8-50.    (A)    No person may take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.

(B)    Nothing in this article shall affect the rights and protections of state employees afforded under Title 8.

(C)    The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."

SECTION    1.    Section 46-3-30 of the 1976 Code is amended to read:

"Section 46-3-30.    The chief officer of the Department of Agriculture shall be is denominated the Commissioner of Agriculture. The Commissioner shall must have a competent knowledge of agriculture, manufacturing and general industries, commerce, chemistry, and publicity."

SECTION    2.    Section 46-3-40 of the 1976 Code is amended to read:

"Section 46-3-40.    The Commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government is appointed by the Governor with the advice and consent of the Senate, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only."

SECTION    3.    Section 46-3-60 of the 1976 Code is amended to read:

"Section 46-3-60.    The Commissioner may appoint a competent clerk, whose qualifications shall be in the main the same as those required of the Commissioner employ professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly."

SECTION    1.    Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-2010.    (A)    There is established a Local Government Division within the Department of Commerce to act as a liaison for financial grants among local governments, the General Assembly, and the Governor's Office. The division is under the supervision of a director appointed by and who serves at the pleasure of the Secretary of Commerce. The director may employ the staff approved by the secretary. The division is responsible for certifying grants to local governments from both federal and state funds. The term 'local government' means any political entity below the state level.

(B)    The division shall establish guidelines and procedures which local governments shall follow in applying for grants certified by the division. The director shall make known to local governments the availability of all grants available through the division and shall make periodic reports to the General Assembly and the Governor's Office. The reports must contain information concerning the amount of funds available from both federal and state sources, requests for grants and the status of those requests and other information as the director considers appropriate. The director shall maintain the records as necessary for the efficient operation of the division.

Section 13-1-2020.    (A)    Grant funds received by a county, municipality, political subdivision, or other entity from the Division of Local Government must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursements may be made from this fund only on the written authorization of the individual who signed the grant application filed with the division, or his successor, and only for the purposes specified in the grant application. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.

(B)    It is not a defense to an indictment alleging a violation of this section that grant funds received from the Division of Local Government were used by a grantee or subgrantee for governmental purposes other than those specified in the grant application or that the purpose for which the grant was made by the Division of Local Government was accomplished by funds other than grant funds.

(C)    The Division of Local Government shall furnish a copy of this section to a grantee when the grant is awarded."

SECTION    2.    Chapter 43, Title 41 of the 1976 Code, as last amended by Act 404 of 1992, is amended to read:

Section 41-43-10.    This chapter may be cited as the South Carolina Jobs-Economic Development Fund Act.

Section 41-43-20.    As used in this chapter unless the context otherwise requires:

(A)    'Act' means the South Carolina Jobs-Economic Development Fund Act.

(B)    'Authority' means the South Carolina Jobs-Economic Development Authority, which is a state-owned enterprise.

(C)    'Administrative funds' means all monies, received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds.

(D)    'Bonds' means any evidence of indebtedness of the authority in any form including, but not limited to, notes, warrants, bonds, or any similar obligation evidenced in written, printed, or electronic means.

(E)    'Program funds' means any monies, including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds.

(F)    'Banks' means financial organizations organized, chartered, or holding an authorization certificate and subject to supervision by an agency or official of South Carolina or of the United States and authorized to make loans and receive deposits. It includes but is not limited to savings and loan associations and savings banks.

Section 41-43-30.    There is created as a division within the Department of Commerce the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of nine members.

Section 41-43-40.    The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman of the State Development Board shall serve ex officio and may designate persons to represent them at meetings of the authority.

Directors serve for terms of three years; however, directors initially appointed from the first and sixth congressional districts and the State at large serve for three years; directors initially appointed from the second and fifth congressional districts serve for two years; and directors initially appointed from the third and fourth congressional districts serve for one year. Thereafter, all directors serve for a term of three years and until their successors are appointed and qualify. All vacancies must be filled for the unexpired term in the manner of the original appointment. Directors are not personally liable for losses unless the losses are occasioned by the wilful misconduct of the directors. Directors may be removed by the Governor for cause or at will. A certificate of the appointment or reappointment of any director must be filed in the offices of the Secretary of State and the authority. The certificate is conclusive evidence of the due and proper appointment of a director. The is under the supervision of a director appointed by and who answers to and who serves at the pleasure of the Secretary of Commerce.

Section 41-43-50.    As soon as practicable after appointment, the board shall organize by choosing a vice-chairman, secretary, and such other officers as considered necessary.

The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this act, shall may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, must vest in the State.

The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds.

Section 41-43-60.    [Reserved]    Meetings of the board shall be held at times and in places as the board determines. The board must meet at least one time in each calendar quarter. Meetings of the board may be held by means of conference telephone or any means of communication by which all persons participating in the meeting can hear each other at the same time and participation by such means constitutes presence in person at the meetings. A majority of the board then in office constitutes a quorum at any meeting. Approval of a majority of the board then in office is required to take action.

Section 41-43-70.    The authority shall promote and develop the business and economic welfare of this State, encourage and assist through loans, investments, research, technical and managerial advice, studies, data compilation and dissemination, and similar means, in the location of new business enterprises in this State and in rehabilitation and assistance of existing business enterprises and in the promotion of the export of goods, services, commodities, and capital equipment produced creation and retention of jobs and improvement of the standard of living of the citizens of the State, and act in conjunction with other persons and organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational development in this State. In the promotion, development, and advancement of these programs, the authority must give consideration to the development of and assistance to small businesses in this State as may be defined by regulation of the authority.

Section 41-43-80.    The authority must implement the programs of this act as soon as practicable. The authority must exercise care in the performance of its duties and the selection of specific programs and business enterprises to receive its assistance. The authority may delegate its authority to implement the programs authorized to any governmental agency or financial institution. The authority must retain retains ultimate responsibility and provide provides proper oversight for the implementation.

Section 41-43-90.    The authority has the rights and powers of a body politic and corporate and body corporate of this State, including without limitation all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers:

(A)    Adopt bylaws, procedures, and regulations for the directors, officers, and employees and for the implementation and operation of the programs authorized by this act.

(B)    Adopt and use a seal.

(C)    Sue and be sued in its own name.

(D)    Enter into such contracts, agreements, and instruments and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes. With respect to any contract or agreement where the liability of the authority is limited to program funds, the authority may require public notice or bidding.

(E)    Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions.

(F)    Accept appropriations, gifts, grants, loans, or other aid from persons, partnerships, firms, corporations, agencies, or entities, whether public or private.

(G)    Apply for and hold patents and collect royalties under such terms and conditions as the authority considers appropriate.

(H)    Incur debt, including, but not limited to, the issuance of bonds, for any authorized purpose of the authority under the terms and conditions specified in this act.

(I)    [Reserved]

(J)    Make commitments, guarantees, grants, or loans utilizing any of its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds.

(K)    Create and establish funds, including reserve funds, and accounts as necessary in connection with the issuance of bonds or for any of its authorized purposes.

(L)    Use program funds to purchase or provide for insurance as additional security for any bonds issued by the authority.

(M)    Initiate counseling and management programs for business enterprises and provide business enterprises with technical assistance, advice, and information respecting development opportunities and programs and, in conjunction therewith, collect, maintain, and disseminate data and information.

(N)    Employ and dismiss, at the will and pleasure of the authority, officers, agents, employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 41-43-240 are not considered state employees except for eligibility for participation in the South Carolina Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11 do not apply to the authority. The authority is responsible for complying with other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board Department of Administration to establish a comprehensive human resource management program.

(O)    Fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by the authority, the rates to be at least sufficient to provide for payment of all expenses of the authority.

(P)    Participate in and cooperate with any agency or instrumentality of the United States and with any agency or political subdivision of this State in the administration of any of the programs authorized by this act.

In exercising its powers, the authority shall operate in an economical and prudent manner and any powers granted by this act may be exercised by the adoption of a resolution at any regular or special meeting by the Secretary of Commerce. A copy of any resolution certified by the chairman, vice-chairman, or secretary director is conclusive evidence of the exercise of powers in accordance with this act.

Section 41-43-100.    In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29 of Title 4, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds upon receipt of a certified resolution by the county or municipality in which the project, as defined in Chapter 29 of Title 4, is or will be located, containing the findings set forth in Section 4-29-60 and evidence of a public hearing held not less than fifteen days after publication of notice in a newspaper of general circulation in the county in which the project is or will be located. The authority may combine for the purposes of a single offering bonds to finance more than one project. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.

Section 41-43-110.    (A)    The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They These bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the State or the authority or a charge against the general credit of the authority or the State or taxing powers of the State and this fact must be plainly stated on the face of each bond. The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in coupon or registered form, may be payable in such installments and at such time, may be subject to terms of redemption, may be payable at such place, may bear interest at such rate payable at such place and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which are provided in the resolution of the authority authorizing the bonds. Subject to Budget and Control Board approval, any bonds issued under this section may be sold at public or private sale as may be determined to be most advantageous. The bonds may be sold at public or private sale and, if by private sale, the authority shall designate the syndicate manager or managers. The authority may pay all expenses, premiums, insurance premiums, and commissions which it considers necessary from proceeds of the bonds or program funds in connection with the sale of bonds. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.

(B)    The resolution under which the bonds are authorized to be issued or any security agreement, including an indenture or trust indenture to be entered into in connection therewith, may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting, provisions respecting the fixing and collection of obligations, the creation and maintenance of special funds, and the rights and remedies available, in the event of default, to the bondholders or to the trustee under such security agreement as the authority considers advisable. In making such agreements the authority does not have the power to obligate itself except with respect to program funds and cannot incur a pecuniary liability or a charge upon the general credit of the authority or of the State or against the taxing powers of the State. The resolution of the authority authorizing any bonds and any security agreement securing bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or security agreement, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect any obligations and to apply any revenues pledged in accordance with such proceedings or the provisions of the security agreement. Any security agreement may provide also that, in the event of default in payment or the violation of any agreement contained in the security agreement, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the security agreement or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement may impose any pecuniary liability upon the State or the authority or any charge upon the general credit of the authority or of the State or against the taxing power of the State.

Subject to the approval of the State Treasurer, the trustee under any security agreement, or any depository specified by the security agreement, may be such person or corporation as the authority may designate designates, notwithstanding that he may be a nonresident of South Carolina or incorporated under the laws of the United States or any of the states. Monies in the funds and accounts held by the trustee shall must be invested or deposited by the trustee.

(C)    Any bonds that are outstanding may at any time be refunded by the authority by the issuance of its refunding bonds in an amount as the authority considers necessary but not to exceed an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid. The refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded cannot be compelled to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under this section are payable in the same manner and under the same terms and conditions as are provided for the issuance of bonds.

(D)    The proceeds from the sale of any bonds must be applied only for the purpose for which the bonds were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.

Section 41-43-120.    It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this act. Nothing contained in this section is construed as relieving any person from the duty of exercising reasonable care in selecting securities.

Section 41-43-130.    The bonds and the income therefrom are exempt from all taxation in the State except for inheritance, estate, or transfer taxes. All security agreements and financing agreements made pursuant to this act are exempt from stamp and transfer taxes.

Section 41-43-140.    The authority may create an insurance fund consisting solely of program funds which must be held as security for the holders of bonds issued under this act. Such funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State. The authority also may use program funds to purchase insurance to be pledged for the security of the holders of any bonds issued under this act.

In any case in which insurance is pledged as security, whether obtained through the insurance funds authorized to be created under this section or purchased with program funds, it must expressly state the limitation of the liability of the authority and further that neither the credit nor taxing power of the State or any political subdivision thereof is available to satisfy any obligations with respect thereto.

Section 41-43-150.    (A)    The programs established by this act are administered so as to ensure that each application for assistance is evaluated without regard to race, creed, sex, or national origin and that no person, firm, association, partnership, corporation, agency, or entity, or group thereof, receives disproportionate benefits from the programs.

(B)    To qualify for assistance under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 the following conditions must be met:

(1)    The recipient must be a person, firm, association, partnership, corporation, or other entity engaged in business.

(2)    The assistance must be requested for use by a business enterprise located within the State.

(3)    The recipient must be able to demonstrate to the authority that the assistance will result in creation or maintenance of employment within the State.

(4)    The recipient and the project must meet any further requirements for eligibility as are set forth in this act with respect to the specific program under which assistance is requested.

(5)    The recipient and the project must satisfy any applicable requirements set forth by the authority in its regulations.

(C)    The authority may authorize assistance to an eligible recipient under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 only after it has made the following findings:

(1)    The recipient is a responsible party.

(2)    The number of jobs resulting from the assistance bears a reasonable relationship to the amount of program funds committed, taking into account factors such as the amount of dollars invested per employee at comparable facilities.

(3)    The amount of program funds committed bears a reasonable relationship to the amount of private funds committed.

(4)    The size and scope of the business being assisted is such that a definite benefit to the economy of the State may reasonably be expected to result from the project being financed.

(5)    The terms of the agreements to be entered into in connection with the transaction are reasonable and proper, taking into account such factors as the type of program involved, the amount of program funds involved, and the number and type of jobs involved.

(6)    The public interest is adequately protected by the terms of the agreements to be entered into in connection with the transaction.

In making its findings, the authority is entitled to may rely upon its own investigation or upon such information and evidence furnished to it by recipient businesses or by lending institutions participating in programs established pursuant to the provisions of this act as the authority considers appropriate. Compliance by a recipient or any lending institution participating in any of the authority's programs under the provisions of this act with the terms of any agreement may be enforced by decree of a circuit court of this State. The authority may require as a condition of any loan to, or purchase of loans from, any national banking association or federally chartered savings and loan association or any nonresident seller, consent to the jurisdiction of the circuit courts of this State over any enforcement proceeding.

Section 41-43-160.    The authority may utilize any of its program funds to establish loan programs pursuant to this section for the purpose of reducing the cost of capital to business enterprises which meet the eligibility requirements of Section 41-43-150. Proceeds of loans under this section are utilized:

(i)        to acquire, by construction or purchase, land and buildings or other improvements thereon, machinery, equipment, office furnishings or other depreciable assets, or for research and design costs, legal and accounting fees, or other expenses in connection with the acquisition or construction thereof; or

(ii)    for the research, testing, and developing of new products, machinery, equipment, and industrial or commercial processes, and the initial marketing thereof. Loan proceeds also may be used to finance working capital. The authority shall require as a condition of each loan made pursuant to this section that the loan must be serviced by a loan administrator which meets criteria established by the authority.

The authority may make direct loans to any eligible business enterprises upon terms which require the proceeds of the loan to be used for qualified purposes and upon such other terms and conditions as the authority may require.

The authority may make loans to lending institutions upon terms and conditions which require each lending institution to disburse the loan proceeds for new loans to eligible businesses for qualified purposes in an aggregate principal amount of not less than the amount of the loan. The authority must require of each lender to which it has made a loan evidence satisfactory to it of the making of new loans which satisfy the requirements of this item and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of such lender to verify that the requirements are being met.

The authority must require that each lender receiving a loan pursuant to this section issue and deliver to the authority evidence of its indebtedness to the authority which constitutes a general obligation of the lender. The evidence of indebtedness must bear a date, time of maturity, be subject to prepayment, and contain any other provisions consistent with this section and related to protecting the security of the authority's investment and the bonds issued by the authority in connection with such loan.

The authority may purchase, and make advance commitments to purchase, from lending institutions loans to eligible business enterprises. The purchase price for each loan which the authority purchases pursuant to this paragraph is not to exceed the total of the unpaid principal balance of the loan purchased plus accrued interest. The authority must require each lender from which the authority purchases, or commits to purchase, a loan to submit evidence satisfactory to the authority that the loan satisfies the conditions of this section and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of a lender to verify that the conditions have been met.

The authority must require the recording of an assignment of each mortgage or secured loan purchased by it from a lender and need not notify the borrower of its purchase of the mortgage or secured loan. The authority is not required to inspect or take possession of the loan documents if the lender from which the loan document is purchased enters into a contract to service the loan and account for it to the authority.

The authority may:

(i)        renegotiate a loan in default, waive a default, or consent to the modification of the terms of a loan;

(ii)    forgive or forbear all or part of a loan;

(iii)    prosecute and enforce a judgment in any action, including but not limited to a foreclosure action;

(iv)    protect or enforce any right conferred upon it by law, or by any loan, contract, or other agreement. In connection with any action, the authority may bid for and purchase collateral or take possession of it, administer it, or pay the principal of and interest on any obligation incurred in connection with the collateral and dispose of and otherwise deal with the property securing the loan in default.

Section 41-43-170.    The authority is authorized may create a guaranty fund, consisting solely of program funds, which may be used to guarantee or insure or purchase insurance for loans of financial institutions to business enterprises which meet the eligibility requirements of Section 41-43-150. Such These funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State.

Loans which qualify for a guaranty or insurance under this section must consist of:

(1)    Loans to eligible business enterprises located in distressed areas as defined in Section 41-43-180 for any purpose for which a loan may be made pursuant to Section 41-43-160, including the provision of working capital;

(2)    Loans used to finance export sales or production for export by eligible business enterprises as provided in Section 41-43-190.

Section 41-43-180.    The authority must maintain a list of the most economically distressed areas of the State. Each area must be within or coexistent with the boundaries of one of the forty-six counties. The list must be determined in accordance with criteria set forth in the regulations of the authority. In formulating criteria, the authority must consider, but not be limited to, the following factors: rate of unemployment, per capita income, average wage rate, and chronic nature of economic problems.

Section 41-43-190.    (A)    Upon securing sufficient funds, the authority is directed to develop programs to encourage the export of goods, services, commodities, machinery, equipment, or other personal property to which value is added within the State. So as to assist the exporters in competing for international sales, the authority may use any of its program funds to provide low interest loans, including fixed rate loans, guarantees, insurance, including insurance against political and commercial risks, or other commitments for the benefit of eligible exporters. In furtherance of this direction, the authority may:

(1)    issue:

(a)    direct loans, to eligible exporters; and

(b)    loans to lending institutions in accordance with the provisions of Sections 41-43-160 and 41-43-170.

(2)    provide guarantees or insurance of up to ninety percent for:

(a)    line of credit extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;

(b)    political and commercial risk on loans extended by lending institutions to foreign buyers for the purchase of property or services supplied by eligible exporters from this State;

(c)    loans extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;

(3)    obtain guarantees and direct loans as the Export-Import Bank of the United States may make available for the purpose of facilitating programs authorized under this section;

(4)    allocate funds to administer the programs authorized under this section; and

(5)    develop and implement other programs as it determines are necessary to improve the export potential for business enterprises located in the State.

In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the State Development Board Division of State Development of the Department of Commerce, or any successor thereto, and allocate available resources in a manner as will ensure that priority consideration is given to the needs of small and medium size businesses.

(B)    In addition to the findings and considerations required under Section 41-43-150, the following conditions must be met before an export transaction qualifies for assistance under this section:

(1)    The goods, services, commodities, machinery, equipment, or other personal property must have value added to it in South Carolina.

(2)    The exporter must be able to demonstrate to the satisfaction of the authority that the transaction complies with the applicable laws of this State, the United States, and the country of destination.

(3)    The exporter and the foreign purchaser must not be related persons as determined pursuant to the provisions of Sections 267(b) and (c) and 707(b) of the Internal Revenue Code, as amended, nor members of the same controlled group of corporations, as defined in Section 1563(a) of the Internal Revenue Code, as amended, (except that 'more than 50 percent' may be substituted for 'at least 80 percent' each place it appears therein), nor may either the exporter or the foreign purchaser otherwise indirectly or constructively own or control the other.

(4)    The foreign purchaser and the country in which it is located must otherwise be acceptable to the authority, taking into account factors such as the history of the trade relationship between the firms in this State and the purchaser or country of destination.

Section 41-43-200.    The authority is authorized to may implement such programs as may be consistent with its purposes for the collection and dissemination of information and data useful to business enterprises in this State. The authority may collect and maintain information and undertake such studies and research programs as it considers necessary to facilitate the economic development and creation of jobs in this State. In connection with these programs, the authority must consult and coordinate its programs with those existing federal and state agencies and private economic development organizations.

Section 41-43-210.    All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of authority. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.

Section 41-43-220.    The authority must not incur any obligations, other than obligations related to administrative expenses, payable out of administrative funds. All other obligations are payable solely from program funds which limitation is clearly stated on the face of any bonds and in the text of any other obligation or contract. However, program funds may be used to pay administrative expenses.

Section 41-43-230.    The authority may dispose of any property acquired by it on terms and conditions considered appropriate. The authority is not required to advertise property or take bids on the property.

Section 41-43-240.    The authority is authorized to may establish profit or not-for-profit corporations as it considers necessary to carry out the purposes of this chapter. Officials or Employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a 'public procurement unit' for purposes of Article 19, Chapter 35 of Title 11.

The authority may make grants or loans to, or make guarantees for, the benefit of any not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of designated by the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to the State of South Carolina.

These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this act and on the terms and conditions imposed by the authority.

Any guarantee made by the authority shall does not create an obligation of the State or its political subdivisions or be a grant or loan of the credit of the State or any political subdivision. Any guarantee issued by the authority must be a special obligation of it. Neither the State nor any political subdivision is liable on any guarantee nor may they be payable out of any funds other than those of the authority and any guarantee issued by the authority shall contain on its face a statement to that effect.

Section 41-43-250.    Any information submitted to or compiled by the authority in connection with the identity, background, finances, marketing plans, trade secrets, or any other commercially sensitive information of persons, firms, associations, partnerships, agencies, corporations, or other entities, is confidential, except to the extent that the person or entity consents to disclosure.

Section 41-43-260.    The authority must be audited annually by the State Auditor or, upon his approval, may execute contracts with an independent certified public accounting firm. The authority must make an annual report to the State Budget and Control Board and General Assembly on its programs and operations. The report must include information regarding the size of the businesses that have received assistance based on the number of employees employed and the amount of gross revenues generated during the preceding year. The report also must include the names of businesses that have received assistance and a good faith estimate of the number of jobs retained or created as a result of the authority's assistance.

Section 41-43-270.    The authority must implement its programs in accordance with regulations promulgated under the provisions of Act 176 of 1977 Article 1, Chapter 23, of Title 1.

Section 41-43-280.    Neither this chapter nor anything contained in this chapter is construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this State, but is construed as cumulative.

Notwithstanding any provision of law or regulation to the contrary, the authority shall continue to be an 'agency' for purposes of Chapter 78 of Title 15, but the authority is not considered an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60.

Section 41-43-290.    If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter."

SECTION    3.Section 13-1-1710 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"Section 13-1-1710.    There is created the Coordinating Council for Economic Development. The membership consists of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Bureau of Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman Director of the South Carolina Jobs-Economic Development Authority, the Director of the South Carolina Department of Revenue, and the Chairman of the South Carolina Research Authority. The Secretary of Commerce serves as the chairman of the coordinating council."

SECTION    4.    Section 48-5-30 of the 1976 Code, as added by Act 513 of 1992, is amended to read:

"Section 48-5-30.    There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State Budget and Control Board comprise Subject to the supervision of the Secretary of Commerce, the Director of the Local Government Division of the Department of Commerce comprises the authority."

SECTION    5.    Sections 1-11-25 and 1-11-26 of the 1976 Code are repealed.

SECTION    1.    Chapter 1, Title 24 of the 1976 Code, as last amended by Act 12 of 2003, if further amended to read:

Section 24-1-10.    Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections and Probation or an institution of the Department of Corrections and Probation; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections and Probation.

Section 24-1-20.    It shall be the policy of this State in the operation and management of the Department of Corrections and Probation to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, the former Department of Probation, Parole and Pardon Services, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.

Section 24-1-30.    There is hereby created as an administrative agency of the State government the Department of Corrections and Probation which is comprised of the Division of Corrections, the Division of Probation, Parole and Pardon Services, Prison Industries Subdivision, Jail and Prison Inspection Subdivision, and Youthful Offender Subdivision. The functions of the Department shall be to implement and carry out the policy of the State with respect to its prison system, as set forth in Section 24-1-20, and the policy and functions of the former Department of Probation, Parole and Pardon Services, and the performance of such other duties and matters as may be delegated to it pursuant to law.

Section 24-1-40.    The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240.

Section 24-1-90.    The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.

Section 24-1-100.    The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution and the former Department of Probation, Parole and Pardon Services.

Section 24-1-110.    The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system and the former Department of Probation, Parole and Pardon Services.

Section 24-1-120.    The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.

Section 24-1-130.    The director Division of Corrections shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director division shall manage and control the prison system.

Section 24-1-140.    The director Division of Corrections shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.

Section 24-1-145.    Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections and Probation to transfer or exchange offenders and take any other action necessary to participate in such treaty.

Section 24-1-150.    Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.

Section 24-1-160.    The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals.

Section 24-1-170.    The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.

Section 24-1-210.    The department shall prosecute all violations of the law in reference to the treatment of convicts.

Section 24-1-220.    All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.

Section 24-1-230.    The Department of Corrections and Probation may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.

Section 24-1-250.    The State Department of Corrections and Probation is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections and Probation to maintain and expand the agricultural program subject to the approval of the Budget and Control Board.

Section 24-1-260.    The Department of Corrections and Probation is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program.

Section 24-1-270.    (A)    As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections and Probation, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities.

(B)    It is unlawful for a person to:

(1)    trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or

(2)    incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.

(C)    A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(D)    The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.

Section 24-1-280.    An employee of the South Carolina Department of Corrections and Probation or the South Carolina Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.

SECTION    2.    Chapter 3, Title 24 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:

Section 24-3-20.    (A)    A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date.

(B)    When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1)    the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2)    the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.

(C)    Notwithstanding any other provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.

(D)    Notwithstanding Section 24-13-125, the department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the department to reimburse the victim for the value of the property stolen or damages caused by the offense. If no victim is involved, the person convicted shall contribute to the administration of the program. The department is authorized to promulgate regulations necessary to administer the program.

(E)    If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the department in the administration of the restitution program.

Section 24-3-27.    (A)    The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:

(1)    acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections and Probation;

(2)    form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.

(B)    Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State.

Section 24-3-30.    (A)    Notwithstanding any other provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a regional, county, or municipal jail or work camp whether maintained by the Department of Corrections and Probation, or some other entity. However, the consent of the officials in charge of any regional, county, or municipal institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections and Probation must be notified by the governing body concerned not less than six months before the closing of a local detention facility which would result in the transfer of those state prisoners confined in the local facility to facilities of the department.

(B)    The department shall consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment.

(C)    Each county or municipal administrator, or the equivalent, having charge of any local detention facilities, upon the department's designating the local facilities as the place of confinement for a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the entity or for other public work. A prisoner assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies. At the expiration or termination of a contract with a nongovernmental agency, all prisoners must be returned to the department or to the legally responsible entity of local government. If a prisoner is not returned by a nongovernmental entity when directed, then habeas corpus lies.

Section 24-3-40.    (A)    Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections and Probation.

The Director of the Department of Corrections and Probation shall deduct the following amounts from the gross wages of the prisoner:

(1)    If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.

(2)    If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410.

(3)    Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections and Probation to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection (4).

(4)    Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(5)    Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(6)    The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection (4).

(B)    The Department Division of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1)    A prisoner released without community supervision must be given his escrowed wages upon his release.

(2)    A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3)    A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department Division of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period.

Section 24-3-50.    The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, shall be deemed an escape from the custody of the Department of Corrections and Probation and punishable as provided in Section 24-13-410.

Section 24-3-60.    The clerks of the courts of general sessions and common pleas of the several counties in this State shall immediately after the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections and Probation of the number of convicts sentenced by the court to imprisonment in the penitentiary. The department, as soon as it receives such notice, shall send a suitable number of guards to convey such convicts to the penitentiary.

Section 24-3-70.    No sum beyond the actual expenses incurred in conveying such convicts to the penitentiary shall be allowed for such services. Such sum shall be paid to the department by the State Treasurer upon the warrant of the Comptroller General.

Section 24-3-80.    The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary.

Section 24-3-81.     No prisoner within the state prison system shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department.

Section 24-3-85.    The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44.

Section 24-3-90.    The director shall receive and safely keep at hard labor, in the prison, all prisoners sentenced to confinement, at hard labor herein, by the authority of the United States, until they shall be discharged agreeably to the laws of the United States.

Section 24-3-93.    No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of watches not exceeding a value of $35.00 and wedding bands. For the purposes of this section jewelry shall include, but is not limited to, rings, bracelets, necklaces, earrings, anklets, nose rings, and any other ornamentation determined by the department to constitute jewelry.

Section 24-3-110.    The State Department of Corrections and Probation may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Public Safety Motor Vehicles and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs, and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and Probation and manufactured by it. The Department of Public Safety Motor Vehicles may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity.

Section 24-3-130.    (A)    The State Department of Corrections and Probation may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section.

(B)    The authorities involved may enter into contracts to implement the provisions of this section.

(C)    Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections and Probation must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections and Probation with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels.

Section 24-3-131.    The Department of Corrections and Probation shall determine whether an agency permitted to utilize convict labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts. In all cases the Department of Corrections and Probation shall be responsible for adequate supervision of the inmates.

Section 24-3-140.    The Director of the Department of Corrections and Probation shall, when called upon by the keeper of the State House and Grounds, furnish such convict labor as he may need to keep the State House and Grounds in good order.

Section 24-3-150.    Any person who has been sentenced to the State Penitentiary, or to the county public works and transferred to the State Penitentiary, may be transferred to the chain gang of the county from which convicted upon request of the county official having charge of such chain gang and with the consent and approval of the State Department of Corrections and Probation.

Section 24-3-160.    Any institution of this State getting convicts from the State Penitentiary by any act or joint resolution of the General Assembly shall be required to pay to the Director of the Department of Corrections and Probation all moneys expended by him for transportation, guarding, clothing and feeding such convicts while working for such institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents per month for the work of each convict so employed.

Section 24-3-170.    Clemson University shall pay to the State Department of Corrections and Probation hire for all convicts used by the college at the rate of six dollars per month and shall pay the cost of clothing, feeding and guarding such convicts while so used and also the transportation of such convicts and guards back and forth from the penitentiary to the university.

Section 24-3-180.    Whenever a convict shall be discharged from the penitentiary, the State Department of Corrections and Probation shall furnish such convict with a suit of common clothes, if deemed necessary, and transportation from the penitentiary to his home or as near thereto as can be done by public conveyances. The cost of such transportation and clothes shall be paid to the State Treasurer, on the draft of the department, countersigned by the Comptroller General.

Section 24-3-190.    The balance in the hands of the State Department of Corrections and Probation at the close of any year, together with all other amounts received or to be received from the hire of convicts or from any other source during the current fiscal year, are appropriated for the support of the penitentiary.

Section 24-3-200.    Prisoners sentenced from one county and subsequently transferred to the jurisdiction of the State Department of Corrections and Probation, may, upon request of the supervisor of another county, be transferred to that county to serve the remainder of the sentence imposed or a part thereof if the director of the department and the prisoner consent in writing to the transfer.

Section 24-3-210.    (A)    The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1)    contact prospective employers;

(2)    secure a suitable residence for use when released on parole or upon discharge;

(3)    obtain medical services not otherwise available;

(4)    participate in a training program in the community or any other compelling reason consistent with the public interest;

(5)    visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

(B)    The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.

(C)    The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.

(D)    The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:

(1)    in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Article 15, Chapter 3, Title 16 if the victim has died;

(2)    the law enforcement agency which employed the arresting officer of the offender; and

(3)    the solicitor in whose circuit the offender was convicted.

Section 24-3-310.    Since the means now provided for the employment of convict labor is inadequate to furnish a sufficient number of convicts with employment it is the intent of this article to:

(1)    further provide more adequate, regular, and suitable employment for the convicts of this State, consistent with proper penal purposes;

(2)    further utilize the labor of convicts for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;

(3)    effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom; and

(4)    provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution.

Section 24-3-315.    The Department of Corrections and Probation shall ensure that inmates participating in any prison industry program pursuant to the Justice Assistance Act of 1984 is on a voluntary basis. The director must determine prior to using inmate labor in a prison industry project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed.

Section 24-3-320.    The State Department of Corrections and Probation may purchase, in the manner provided by law, equipment, raw materials and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convicts in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by this State and the political subdivisions thereof.

Section 24-3-330.    (A)    All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections and Probation, articles or products made or produced by convict labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections and Probation, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products.

(B)    The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division Subdivision of Prison Industries of the Department of Corrections and Probation.

Section 24-3-340.    Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections and Probation unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier.

Section 24-3-350.    The State Department of Corrections and Probation may install dry-cleaning facilities at any institution under its supervision; provided, however, that these facilities shall be used only for cleaning State-owned uniforms of security personnel employed by the Department.

Section 24-3-360.    The State Department of Corrections and Probation shall cause to be prepared, annually, at times it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article. Copies of this catalogue must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the beginning of each fiscal year, the proper official of each office, department, institution, or agency, when required by the Department of Corrections and Probation, shall report to the department estimates for fiscal year of the kind and amount of articles and products reasonably required for the ensuing year, referring in the estimates to the catalogue issued by the department insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections and Probation to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue.

Section 24-3-370.    The articles or products manufactured or produced by convict labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products.

Section 24-3-380.    The State Department of Corrections and Probation shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished, which prices shall be uniform and nondiscriminating to all and shall be as near as the usual market price for such as may be practicable.

Section 24-3-390.    The State Department of Corrections and Probation shall have power and authority to prepare and promulgate rules and regulations which are necessary to give effect to the provisions of this article with respect to matters of administration and procedure respecting it.

Section 24-3-400.    All monies collected by the State Department of Corrections and Probation from the sale or disposition of articles and products manufactured or produced by convict labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated 'Prison Industries Account', and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the State Budget and Control Board, all of which must be under the direction and subject to the approval of the Director of the State Department of Corrections and Probation. The Department of Corrections and Probation shall contribute an amount of not less than five percent nor more than twenty percent of the gross wages paid to inmate workers participating in any prison industry project established pursuant to the Justice Assistance Act of 1984 (P.L. 98-473) and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984 (P.L. 98-473, Title 2, Chapter 14, Section 1404). The Prison Industries Account must never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this article. When, in the opinion of the Director of the Department of Corrections and Probation, the Prison Industries Account has reached a sum in excess of the requirements of this article, the excess must be used by the Department of Corrections and Probation for operating expenses and permanent improvements to the state prison system, subject to the approval of the State Budget and Control Board.

Section 24-3-410.    (A)    It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.

(B)    The provisions of this section do not apply to:

(1)    articles manufactured or produced by persons on parole, probation, or community supervision;

(2)    the production of cattle, hogs, cotton, Turkish tobacco, soybeans, and wheat;

(3)    products sold by the Department of Corrections and Probation made by inmates in the hobbycraft program;

(4)    articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;

(5)    road and street designation signs sold to private developers;

(6)    articles or products made in an adult work activity center established by the Department of Corrections and Probation through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis;

(7)    products sold intrastate or interstate produced by inmates of the Department of Corrections and Probation employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, 'products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall develop guidelines to determine if the work displaces employed workers.

(C)    A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections and Probation, must be applied as provided in Section 24-1-250.

Section 24-3-420.    Any person who wilfully violates any of the provisions of this article other than Section 24-3-410 shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both, in the discretion of the court.

Section 24-3-430.    (A)    The Director of the Department of Corrections and Probation may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes.

(B)    The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and Probation and provide for reasonable access to and egress from the building to establish and operate a facility.

(C)    An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.

(D)    No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.

(E)    Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.

(F)    Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.

(G)    No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.

(H)    The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and Probation and applied as provided under Section 24-3-40.

Section 24-3-510.    Upon the conviction of any person in this State of a crime the punishment of which is death, the presiding judge shall sentence such convicted person to death according to the provisions of Section 24-3-530 and make such sentence in writing. Such sentence shall be filed with the papers in the case against such convicted person and a certified copy thereof shall be transmitted by the clerk of the court of general sessions in which such sentence is pronounced to the Director of the Department of Corrections and Probation not less than ten days prior to the time fixed in the sentence of the court for the execution of it.

Section 24-3-520.    The sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall convey such convicted person to the State Penitentiary at Columbia to deliver him to the Director of the Department of Corrections and Probation not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction.

Section 24-3-530.    (A)    A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections and Probation. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B)    A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.

(C)If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution.

Section 24-3-540.    The Department of Corrections and Probation shall provide a death chamber and all necessary appliances for inflicting such penalty by electrocution and pay the costs thereof out of any funds in its hands. The expense of transporting any such criminal to the State Penitentiary shall be borne by the county in which the offense was committed.

Section 24-3-550.    (A)    To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:

(1)    three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;

(2)    the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;

(3)    a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media;

(4)    the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case; and

(5)    the counsel for the convict and a religious leader. However, the convict may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the convict by blood, adoption, or marriage within the second degree of consanguinity.

(B)    Other than those persons specified in subsection (A), no person is authorized to witness an execution.

(C)    The department shall establish internal policies to govern the selection of media representatives.

(D)    Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.

(E)    For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility.

Section 24-3-560.    The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which such sentence was pronounced. Such certificate shall be filed by the clerk with the papers in the case.

Section 24-3-570.    The body of the person executed shall be delivered to his relatives. If no claim is made by relatives for such body it shall be disposed of as bodies of convicts dying in the State Penitentiary. If the nearest relatives of a person so executed desire that the body be carried to such person's former home, if in the State, the expenses for such transportation shall be paid by the Penitentiary authorities, who shall draw their warrant upon the county treasurer of the county from which such convict came and such county treasurer shall pay such expenses and charge to the item of court expenses.

Section 24-3-710.    The director may investigate any misconduct occurring in the State Penitentiary, provide suitable punishment therefor and execute it and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution. The director may suppress any disorders, riots or insurrections that may take place in the penitentiary and prescribe any and all such rules and regulations as in his judgment are reasonably necessary to avoid any such occurrence.

Section 24-3-720.    In order to suppress any disorders, riots or insurrection among the prisoners, the Director of the Department of Corrections and Probation may require the aid and assistance of any of the citizens of the State.

Section 24-3-730.    If any person, when so required by the Director of the Department of Corrections and Probation, shall neglect or refuse to give such aid and assistance, he shall pay a fine not exceeding fifty dollars.

Section 24-3-740.    Any person so aiding and assisting the Director of the Department of Corrections and Probation shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account.

Section 24-3-750.    If, in suppressing any such disorder, riot or insurrection, any person who shall be acting, aiding or assisting in committing the same shall be wounded or killed, the Director of the Department of Corrections and Probation, the keeper or any person aiding or assisting him shall be held as justified and guiltless.

Section 24-3-760.    In the absence of the Director of the Department of Corrections and Probation, the keeper shall have the same power in suppressing disorders, riots and insurrections and in requiring aid and assistance in so doing that is herein given to the director.

Section 24-3-910.    It is unlawful for a person employed in keeping, taking care of, or guarding a correctional facility or its prisoners to contrive, procure, connive at, or otherwise voluntarily suffer or permit the escape of a prisoner.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.

Section 24-3-920.    The Director of the Department of Corrections and Probation shall offer a reward of one hundred dollars for the capture of each escaped convict.

Section 24-3-930.    All guards, keepers, employees and other officers employed at the Penitentiary shall be exempted from serving on juries and from military or street duty.

Section 24-3-940.    No gambling shall be permitted at any prison, farm or camp where prisoners are kept or worked. Any officer or employee engaging in, or knowingly permitting, gambling at any such prison, farm or camp shall be immediately dismissed.

Section 24-3-950.    It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections and Probation with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections and Probation to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.

Section 24-3-951.    Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits.

Section 24-3-960.    Monies or tokens or things of like nature used as money found in the unlawful possession of a prisoner confined in a penal institution under control of the Department of Corrections and Probation is contraband, and monies or tokens or things of like nature used as money seized must be deposited in a fund maintained by the department and is the property of the fund. This fund must be used to aid drug interdiction efforts undertaken by the department.

Section 24-3-965.    Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner under the jurisdiction of the Department of Corrections and Probation or to a prisoner in a county jail, municipal jail, prison, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner under the jurisdiction of the Department of Corrections and Probation or by a prisoner in any county jail, municipal jail, prison, work camp, or overnight lockup facility must be tried exclusively in magistrate's court."

SECTION    3.    Chapter 9, Title 24 of the 1976 Code, as last amended by Act 388 of 2000, if further amended to read:

Section 24-9-10.    There is hereby established a Jail and Prison Inspection Division Subdivision under the jurisdiction of the Department of Corrections and Probation. The inspectors and such other personnel as may be provided for the division shall be selected by the director of the department.

Section 24-9-20.    The division subdivision shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspections shall include all phases of operation, fire safety, and health and sanitation conditions at the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department Bureau of Health and Environmental Control Programs. The inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department Bureau of Health and Environmental Control Programs shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the chairman of the governing body of the political subdivision having jurisdiction of the facility inspected, the chairman of the governing body of each political subdivision involved in a multi-jurisdictional facility, the administrator, manager, or supervisor for the political subdivision, the responsible sheriff or police chief if he has operational custody of the inspected facility, and the administrator or director of the inspected facility. All reports shall be filed through the Director of the Department of Corrections and Probation.

Section 24-9-30.    (a)    If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections and Probation shall notify the governing body of the political subdivision responsible for the local confinement facility. A copy of the written reports of the inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.

(b)    If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections and Probation may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.

(c)    The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and Probation and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.

(d)    The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and Probation and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections and Probation, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order.

Section 24-9-35.    If any person dies while being incarcerated in any municipal or county overnight lockup or jail, county prison or state correctional facility, the jailer or any other person physically in charge of the facility at the time death occurs shall immediately notify the coroner of the county in which the institution is located. The jailer or other person in charge shall also report the death and circumstances surrounding it within seventy-two hours to the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation. The division shall retain a permanent record of such reports. Reports shall be made on forms prescribed by the division.

Any person knowingly and willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars.

Section 24-9-40.    In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation shall be provided with architectural plans before construction of any state or local confinement facility. Further, the Jail and Prison Inspection Division Subdivision shall be notified not less than fifteen days prior to the opening of any state or local prison facility so that inspections and reports may be made. Ninety days prior to the closing of any state or local prison facility, the Division Subdivision shall be notified by the officials concerned.

Section 24-9-50.    (A)    Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections and Probation, at the times and in the form required by the department, data and information prescribed by the department:

(1)    for the classification and management of inmates who receive sentences greater than three months; and

(2)    on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.

(B)    Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.

(C)    To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."

SECTION    4.    Chapter 13, Title 24 of the 1976 Code, as last amended by Act 18 of 2003, is further amended to read:

Section 24-13-10.    In all prisons and chain gangs in the State a separation of the sexes shall be at all times observed.

Section 24-13-20.    The sheriffs of this State shall, under the penalty herein provided, arrest in their respective counties, with or without a warrant, all escaped convicts from the State Penitentiary or from the chain gang or jails found in their respective counties. Upon any such arrest any such sheriff shall immediately notify the proper authority from whose care such convict escaped. Upon any willful neglect or failure on the part of any such sheriff to comply with the provisions of this section he shall be guilty of a misdemeanor and, upon conviction, be fined in a sum of not more than five hundred dollars nor less than one hundred dollars or be imprisoned for not more than six months or be both fined and imprisoned, at the discretion of the court.

Section 24-13-30.    Any person officially charged with the safekeeping of prisoners, when such prisoners are awaiting trial in general sessions court or have been sentenced and confined in any State, county or municipal penal facility, may use such force as is necessary to prevent the escape of a prisoner lawfully in his custody without regard to whether such prisoner is charged with or convicted of a felony or misdemeanor.

Section 24-13-40.    The computation of the time served by prisoners under sentences imposed by the courts of this State shall be reckoned from the date of the imposition of the sentence. But when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served shall be reckoned from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense.

Section 24-13-50.    Every municipal and county official responsible for the custody of persons convicted of any criminal offense shall on or before the fifth day of each month file with the Department of Corrections and Probation Division of Corrections a written report stating the name, race, age, criminal offense and date and length of sentence of all prisoners in their custody during the preceding month.

Section 24-13-60.    The Department of Corrections and Probation Division of Corrections shall automatically screen all offenders committed to its agency for non-violent offenses with sentences of five years or less for possible placement on work release or supervised furlough.

Section 24-13-65.    The Department of Corrections and Probation Division of Corrections shall provide prisoners not otherwise engaged in a useful prison occupation for litter control projects proposed by counties and municipalities.

Section 24-13-80.    (A)    As used in this section:

(1)    'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.

(2)    'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.

(3)    'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.

(4)    'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.

(5)    'Director' means the agency head of the Department of Corrections and Probation.

(B)    The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1)    repay the costs of:

(a)    public property wilfully damaged or destroyed by the inmate during his incarceration;

(b)    medical treatment for injuries inflicted by the inmate upon himself or others;

(c)    searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or

(d)    quelling a riot or other disturbance in which the inmate is unlawfully involved;

(2)    defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.

(C)    All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

(D)    The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility.

Section 24-13-100.    For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.

Section 24-13-125.    (A)    Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense", as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

Section 24-13-150.    (A)    Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense" as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

Section 24-13-175.    Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year.

Section 24-13-210.    (A)    A prisoner convicted of an offense against this State, except a "no parole offense" as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B)    A prisoner convicted of a "no parole offense" against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(C)    A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)    Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.

(F)    No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

Section 24-13-220.    The provisions of Section 24-13-210 shall also apply when a portion of a sentence which has been imposed is suspended. Credits earned for good conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided.

Section 24-13-230.    (A)    The Director of the Department of Corrections and Probation may allow any prisoner in the custody of the department, except a prisoner convicted of a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(B)    The Director of the Department of Corrections and Probation may allow a prisoner in the custody of the department serving a sentence for a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.

(C)    No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)    The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(E)    The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(F)(1)    An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2)    The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(G)    The South Carolina Department of Corrections and Probation may not pay any tuition for college courses.

Section 24-13-235.     Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official in charge of county correctional facilities to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways. The confinement of the person must be reduced by one day for every eight hours of labor on the public works or ways performed by the person. As used in this section, "labor on the public works or ways" means manual labor to improve or maintain public facilities, including, but not limited to, streets, parks, and schools.

The governing body of the county may prescribe reasonable regulations under which such labor is to be performed and may provide that such persons wear clothing of a distinctive character while performing such work.

Nothing contained in this section may be construed to require the sheriff or other such official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such assignment. A person is eligible for supervised work under this section only if the sheriff or other such official concludes that the person is a fit subject therefor.

If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.

The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay.

Section 24-13-260.    Any officer having charge of any such convict who shall refuse to allow such deduction in time of serving sentence shall be guilty of a misdemeanor and shall, upon conviction, suffer imprisonment for not less than thirty days or pay a fine of not less than one hundred dollars.

Section 24-13-410.    (A)    It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(B)    A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.

(C)    The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State.

Section 24-13-420.    A person who knowingly harbors or employs an escaped convict, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

Section 24-13-430    (1)    Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that conspires with any other inmate to incite such inmate to riot or commit any other acts of violence shall be deemed guilty of a felony and upon conviction shall be sentenced in the discretion of the court.

(2)    Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and upon conviction shall be imprisoned for not less than five years nor more than ten years.

Section 24-13-440.    It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections and Probation facility or other place of confinement.

A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.

Section 24-13-450.    An inmate of a state, county, or city correctional facility or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason whatsoever shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than five years nor more than thirty years. This sentence shall not be served concurrently with any sentence being served at the time the offense is committed.

Section 24-13-460.    It shall be unlawful for any person in this State to furnish any prisoner in a jail or on a chain gang any alcoholic beverages or narcotic drugs. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of five hundred dollars or imprisonment for six months or both.

Section 24-13-470.    (A)    An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility, a state or local law enforcement officer, a visitor of a correctional facility, or any other person authorized to be present in a correctional facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids.

(B)    A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.

(C)    This section does not apply to a person who is a 'patient' as defined in Section 44-23-10(3).

Section 24-13-640.    Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections and Probation Division Subdivision of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections and Probation may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.

Section 24-13-650.    No offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3, Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.

Section 24-13-660.    (A)    A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.

(B)    No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.

(C)    The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.

(D)    The South Carolina Department of Corrections and Probation may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A jail or camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances.

(E)    It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.

(F)    Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections and Probation within its own facilities or on its own property, or by any jail or camp within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections and Probation from escorting and supervising any inmate for a public purpose when the department provides its own security.

Section 24-13-710.    The Department of Corrections and Probation and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, and guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a "no parole offense" as defined in Section 24-13-100, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two department shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments guidelines shall specify the respons