Director to furnish printed form
SECTION 959. Section 41-1-10 of the 1976 Code is amended to read:
"Section 41-1-10. Every employer shall keep posted in a conspicuous place in every room where five or more persons are employed a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of hours and working conditions. The Director of the Departmentof Labor, Licensing, and Regulation or his designee shall furnish the printed form of such notice upon request."
Name change
SECTION 960. Section 41-3-10 of the 1976 Code is amended to read:
"Section 41-3-10. A Division of Labor is hereby created, established, and administered under the supervision and direction of the Department of Labor, Licensing, and Regulation. A director of the Department of Labor, Licensing, and Regulation must be appointed by the Governor pursuant to the provisions of Section 40-73-15. The director means the chief administrative officer of the Department of Labor, Licensing, and Regulation. The Division of Labor is authorized to promulgate regulations for the division, and it is the duty of the division to administer and enforce the regulations and direct all inspections and investigations except as otherwise provided."
Director to employ personnel
SECTION 961. Section 41-3-30 of the 1976 Code is amended to read:
"Section 41-3-30. The Director of Labor, Licensing, and Regulation, or his designee, pursuant to Section 40-73-15, may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by the statute and for which funds have been authorized in the annual general appropriations act. The director or his designee may assign or transfer employees from one subdivision to another or may combine the clerical and inspection forces of two or more subdivisions, as he may consider necessary and advisable."
Name change
SECTION 962. Section 41-3-40 of the 1976 Code is amended to read:
"Section 41-3-40. The Director of Labor, Licensing, & Regulation, or his designee shall make regulations with reference to the work of the Division of Labor and of the several subdivisions thereof as shall be necessarily properly to carry out the duties imposed upon the division."
Name change
SECTION 963. Section 41-3-50 of the 1976 Code is amended to read: "Section 41-3-50. The director of the department or his designee shall visit and inspect at reasonable hours, as often as practicable, all places, sites or areas where employment comes under the jurisdiction of the division to enforce the provisions of Chapters 1 through 25 of this Title."
Name change
SECTION 964. Section 41-3-55 of the 1976 Code is amended to read:
"Section 41-3-55. At any construction site involving multiple employers or contractors, the department inspector when citing any such employer or contractor for a violation of any regulation or standard provided by law shall first determine which employer or contractor is in violation and such employer or contractor only shall be cited and held responsible for such violation."
Name change
SECTION 965. Section 41-3-60 of the 1976 Code is amended to read:
"Section 41-3-60. The Director of the Department of Labor, Licensing, and Regulation or his designee shall enforce all laws of Chapters 1 through 25 of this Title in places, sites or areas, which come under his jurisdiction, and appoint such assistants and inspectors as necessary to carry out his duties. The duties of such assistants and inspectors shall be prescribed by the director which come under his jurisdiction."
Name change
SECTION 966. Section 41-3-70 of the 1976 Code is amended to read:
"Section 41-3-70. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Director of the Department of Labor, Licensing, and Regulation or his designee, his assistant or inspector during the physical inspection of any workplace for the purpose of aiding such inspection. No employee shall suffer any loss of wages or other benefits which would normally accrue to him because of his participation in the walk-around inspection under this section. Where there is no authorized representative, the director or his designee, his assistant or inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace."
Name change
SECTION 967. Section 41-3-80 of the 1976 Code is amended to read:
"Section 41-3-80. The Division of Labor may assist and cooperate with the wage and hour division and the children's bureau, United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938, adopted by the Congress of the United States, approved June 25, 1938, or as it may be hereafter amended and, subject to the regulations of the administration of the wage and hour division or the chief of the children's bureau, as the case may be, and the laws of this State applicable to the receipt and expenditure of moneys, may be reimbursed by such division or such bureau for the reasonable cost of such assistance and cooperation."
Name change
SECTION 968. Section 41-3-100 of the 1976 Code is amended to read:
"Section 41-3-100. All blanks and forms required by the Director of the Department of Labor, Licensing, and Regulation or his designee under provisions of Chapters 1 through 25 of this Title shall be furnished by the director or his designee."
Director must subpoena witnesses
SECTION 969. Section 41-3-110 of the 1976 Code is amended to read:
"Section 41-3-110. The Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, under proper restrictions, enter any public institution of the State or any factory, store, workshop, laundry, public eating house or mine and interrogate any person employed therein or connected therewith or the proper officers of a corporation or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned, under oath, within fifteen days of the receipt of such list."
Name change
SECTION 970. Section 41-3-120 of the 1976 Code is amended to read:
"Section 41-3-120. The Director of the Department of Labor, Licensing, and Regulation or his designee shall enforce the provisions of Chapters 1 through 25 of this title and prosecute all violations of law relating to those chapters before any court of competent jurisdiction."
Name change
SECTION 971. Section 41-3-130 of the 1976 Code is amended to read:
"Section 41-3-130. The solicitor of the circuit or the prosecuting attorney of the city court, upon the request of the Director of the Department of Labor Licensing, and Regulation or his designee, or any of his assistants or deputies, shall prosecute any violation of law which it is the duty of the director or his designee to enforce."
Name change
SECTION 972. Section 41-3-140 of the 1976 Code is amended to read:
"Section 41-3-140. Any person who shall willfully impede or prevent the Director of the Department of Labor, Licensing, and Regulation or his designee, his agents or assistants, in the free and full performance of his duties shall, upon conviction, be fined not less than one hundred dollars or more than one thousand dollars or be imprisoned for not less than thirty days or more than six months, or both."
Name change
SECTION 973. Section 41-3-510 of the 1976 Code is amended to read:
"Section 41-3-510. There is established within the Division of Labor, the Migrant Labor subdivision."
Name change
SECTION 974. Section 41-3-520 of the 1976 Code is amended to read:
"Section 41-3-520. The Division of Labor may with the approval of the majority of the Migrant Farm Workers Commission promulgate, revoke, or modify rules and regulations implementing the recommendations of the Migrant Farm Workers Commission in safeguarding the health, safety, education and welfare of migrant or seasonal farm workers."
Director authorized to enter the contracts
SECTION 975. Section 41-3-540 of the 1976 Code is amended to read:
"Section 41-3-540. The Director of the Department of Labor, Licensing, and Regulation or his designee is authorized to enter into contracts with other state agencies and other political subdivisions of the State to provide migrant labor services, and the Division of Labor shall enforce the regulations. Additionally, the director or his designee is authorized to enter into contracts with existing private agencies organized for the purpose of providing services to the migrant or seasonal farm workers and any newly organized private agency organized to provide services to the migrant or seasonal farm workers which are approved by the Migrant Farm Workers Commission. The director or his designee shall report annually to the General Assembly the activity of the Migrant Farm Workers Commission and the Migrant Labor Subdivision for the preceding fiscal year."
Name change
SECTION 976. Section 41-3-530 of the 1976 Code is amended to read:
"Section 41-3-530. Prior to the promulgation, modification or revocation of any regulation pursuant to Section 41-3-520 and the Administrative Procedures Act, the Division of Labor shall conduct a public hearing at which all interested persons shall be provided an opportunity to appear and present their comments either orally, written or both. Notice of such hearing shall be published in at least three newspapers, one of which has circulation in the upper section of the State, one which has circulation in the middle section of the State and one with circulation in the lower section of the State, once a week for three weeks. The notice shall contain the date, time, and place of the hearing, a brief description of the proposed regulation or the amendment or revocation of an existing rule and regulation."
Terms deemed to have certain meaning
SECTION 977. The 1976 Code is amended by adding:
"Section 41-3-610. Wherever in any other chapter of Title 41 the term Commissioner of Labor appears or is used, it shall be deemed to mean the Director of the Department of Labor, Licensing, and Regulation or his designee. Wherever in any other chapter of Title 41 the term Department of Labor appears or is used, it shall be deemed to mean the Division of Labor, that is, a division of the Department of Labor, Licensing, and Regulation. Wherever in any other chapter of Title 41 the term division appears or is used with reference to a division of the former Department of Labor, it shall be deemed to mean a subdivision of the Division of Labor. Any contested case or matter heard or decided by the former Commissioner of Labor, his designee, or any other employee of the former Department of Labor may be appealed to the OSHA Review Board as provided under this chapter."
Name change
SECTION 978. Article 6, Chapter 15, Title 41 of the 1976 Code is amended to read:
"Article 6
South Carolina Occupational Health and Safety Review Board
Section 41-15-600. (a) There is created the South Carolina Occupational Health and Safety Review Board which shall consist of six members. Members of the board shall be selected from among those persons who by reason of training, education, experience, or knowledge of the law are qualified to carry out the functions of the board under this chapter. One member shall be elected from each congressional district of this State by the resident members of the General Assembly from that district. The senior senator from each congressional district within sixty days after the effective date of this article, within sixty days prior to the expiration of the term of the member from that district, and within sixty days after any vacancy has occurred in that district shall call a meeting of the resident members of the General Assembly from the district to elect a member of the board from the district. (b) The terms of the members of the board are four years and until their successors are elected and qualify, except that the member first elected from the first congressional district shall serve for an initial term of one year, the members first elected from the second and third congressional districts shall serve for initial terms of two years each, the member first elected from the fourth congressional district shall serve for an initial term of three years, and the members first elected from the fifth and sixth congressional districts shall serve for initial terms of four years each. Vacancies shall be filled for the remainder of the unexpired term by election in the same manner of the original election. (c) The members of the board shall annually elect a chairman and such other officers as they deem necessary. No officer shall serve for more than two consecutive years in that capacity. (d) The board shall hear and determine all contested cases and shall approve all settlements of such cases which arise as a result of any citation issued by the Division of Labor pursuant to the authority in this chapter, any penalty assessed thereunder, and any date set for the abatement of any violations. (e) The chairman is responsible on behalf of the board for the administrative operations of the board. (f) Compensation for members of the board, to the extent funds are appropriated therefor by the General Assembly, shall be set by regulation of the South Carolina Division of Labor. Service on the board shall not be creditable service for purposes of the South Carolina Retirement System."
Name change
SECTION 979. Section 41-15-610 of the 1976 Code is amended to read:
"Section 41-15-610. (a) The board shall promulgate regulations as may be necessary to establish a procedure for administrative review of (1) any citation issued by the Division of Labor pursuant to the authority found in this chapter, (2) any penalty assessed thereunder, or (3) any period for abatement set by the Division of Labor. (b) Any employer, employee, or employee representative has the right to appear as a party in any review proceeding before any member of the board by giving written notice of protest to the board and to the Division of Labor within twenty days of the receipt of any citation, notice of penalty, or notice of period of abatement issued by the Division of Labor and affecting the employer, employee, or employee representative. The Division of Labor must be a party to any proceeding brought pursuant to this article. (c) Hearings may be conducted by any member of the board and must follow the rules of evidence as applied in civil cases in the court of common pleas. (d) Any party aggrieved by any decision, order, or findings of any member of the board may petition the entire board for review within thirty days of the service of the decision, order, or findings. Review may be granted by concurrence of three members of the board not including the hearing member. Full board reviews shall be conducted by five members only with the original hearing member not sitting. Where all members are not available due to incapacity or a vacancy, decisions of the hearing member shall not be reversed except upon the vote of at least three other board members. The review must be upon the record made before the hearing members and no objection that has not been urged before the hearing member may be considered by the board. (e) Any party aggrieved by any decision, order, or findings of the board may petition the court of common pleas in the county where the employer maintains his principal place of business or where the violation is alleged to have occurred for a review of the decision, order, or findings. The proceeding shall be instituted by proper service upon all other parties of the petition for review within thirty days after service of the decision, order, or findings of the board. The commencement of proceedings under this section shall not, unless ordered by the court of common pleas, operate as a stay of the order of the board. This review is subject to all provisions of the State Administrative Procedures Act. (f) Any decision, order, or findings of the board or any member thereof becomes a final order of the board upon the thirtieth day after service thereof, except where petition for review has been properly made. (g) The board shall promulgate regulations as may be necessary to provide for the preparation and reasonable preservation of a record of the hearings and other proceedings."
Name change
SECTION 980. Section 41-15-620 of the 1976 Code is amended to read:
"Section 41-15-620. (a) The South Carolina Division of Labor shall provide, to the extent of funds appropriated by the General Assembly, adequate support personnel, including court reporters and clerks, to fulfill the duties of the board. (b) The South Carolina Division of Labor shall provide adequate facilities to maintain the records of the board."
Name change
SECTION 981. Section 41-18-90 of the 1976 Code is amended to read:
"Section 41-18-90. Before the Labor Division of the Department of Labor, Licensing, and Regulation may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the Labor Division with proof that he has purchased insurance from an acceptable insurer in an amount not less than five hundred thousand dollars for each occurrence against liability for injury to persons arising out of the use of the amusement device and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established by the Labor Division on a case-by-case basis. For purposes of this section, an acceptable insurer for a `permanent device' is an insurer which is either licensed by the Director of the Department of Insurance in this State or approved by the Department of Insurance as a nonadmitted surplus lines carrier for risks located in this State. For a `temporary device' an insurer shall meet either of these requirements or shall meet minimum financial requirements for admission as a licensed company in South Carolina and must be licensed in the `temporary device's' owner's or lessee's home state or must be an approved nonadmitted surplus lines carrier for risks located in that home state. Each policy, by its original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the Labor Division. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate notice to the Labor Division. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State."
Name change
SECTION 982. Section 41-41-40 of the 1976 Code is amended to read:
"Section 41-41-40. Any person who, has received any sum as benefits under Chapters 27 through 41 of this title while any conditions for the receipt of benefits imposed by such chapters were not fulfilled in his case or while he was disqualified from receiving benefits shall be liable to repay the commission for the unemployment compensation fund a sum equal to the amount so received by him. In the event full repayment of benefits, to which an individual was determined not entitled, has not been made such sum will be deducted from any future benefits payable to him under Chapters 27 through 41 of this title, and such sum shall be collectible in the manner provided in Sections 41-31-380 to 41-31-400 for the collection of past-due contributions. The commission may, at its discretion, attempt collection of overpayments through the South Carolina Department of Revenue and Taxation in accordance with Section 12-7-2240. If the overpayment is collectible in accordance with Section 12-7-2240, the commission shall add to the amount of the overpayment a collection fee of ten dollars for each collection attempt."
Name change
SECTION 983. Section 41-44-60(B) of the 1976 Code, as last amended by Act 505 of 1990, is further amended to read:
"(B) The Governor shall cause the corporation to be formed, and he shall designate the incorporators. The initial board of directors must consist of three members, one of whom must be appointed by the Governor and two of whom must be appointed by the Director of the Department of Commerce. Members of the initial board of directors shall serve three-year terms. The initial board of directors must be representative of the State as a whole. The registered agent must be designated by the Governor. The corporation's existence begins upon filing of the articles of incorporation. The corporation's existence is perpetual, unless dissolved as provided herein. The corporation is authorized to issue shares of a number, class, and par or no-par value, as provided in its articles of incorporation. The general nature of the business of the corporation is to serve as general partner of the Palmetto Seed Capital Fund Limited Partnership, to provide financing to high growth oriented businesses, to provide seed capital to South Carolina businesses, and to undertake any acts appropriate or necessary to carry out the foregoing. The bylaws, the organizational minutes, the election of officers, the issuance of any stock of the corporation, and any other actions appropriate or necessary for the organization and operation of the corporation must be of that form and content as determined by the board of directors. Nothing contained in the chapter may prohibit the shareholders or board of directors of the corporation from altering, amending, or otherwise modifying the articles of incorporation, bylaws, or any other agreement governing the corporation as otherwise permitted pursuant to the laws of this State, except that the general nature of the business of the corporation may not be amended, altered, or otherwise modified or restricted, and except that the corporation may be dissolved, merged, or otherwise cease to exist pursuant to the appropriate vote of the board of directors and shareholders. The Governor may expend those discretionary funds as he has available and considers appropriate for the purpose of organizing the corporation and promoting the sale of the qualified investments."
Name change
SECTION 984. Section 41-44-80 of the 1976 Code is amended to read:
"Section 41-44-80. (A) If a qualified investment which is the basis for a credit under this chapter is redeemed by the Fund or the Corporation, within five years of the date it is purchased, the credit provided by this chapter for the qualified investment is disallowed, and any credit previously claimed and allowed with respect to the qualified investment so redeemed must be paid to the Department of Revenue and Taxation with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue and Taxation under this section, the amount collected must be handled in the same manner as if no credit had been allowed. (B) However, neither a distribution by the Fund nor dividends or other distributions by the Corporation are considered to be redemption of a qualified investment unless either the amount of qualified stock owned by the taxpayer or the qualified interest held by the taxpayer, after the distribution or dividend is less than the amount of qualified stock or qualified interest held by the taxpayer immediately prior to the distribution or dividend."
Reference revised
SECTION 985. Section 42-1-490 of the 1976 Code is amended to read:
"Section 42-1-490. Payments for injuries as authorized in Section 42-1-480 shall be paid from the State Accident Fund from appropriations thereto in the manner claims are paid to state employees. Notwithstanding any other provision of this title, no inmate shall be paid a lump-sum settlement for an injury, disfigurement or death benefit. Any such lump-sum benefit which might normally be paid to an inmate or another eligible person who is not an inmate shall be paid on a monthly basis not to exceed ten percent of the total amount in any month, in addition to any weekly benefits awarded."
Reference revised
SECTION 986. Section 42-1-500 of the 1976 Code is amended to read:
"Section 42-1-500. A county by resolution of its governing body may elect to cover prisoners in the custody of the county penal system with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the State Accident Fund or other insurers as the fund or insurers determine necessary to provide compensation for county prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county prisoners performing work assigned by penal officials of the county or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served."
State accident fund
SECTION 987. Section 42-7-10 the 1976 Code is amended to read:
Section 42-7-10. (A) There is established as a separate agency of state government a separate fund to be known as the State Accident Fund, hereinafter referred to as the `fund' or `state fund' in this article. This fund consists of annual premium charges, recoveries from the Second Injury Fund, recoveries by subrogation and, subject to subsection (B) of this section, of all income or revenue derived from investing these funds. Receipts for the credit of the fund and expenditures from the fund must be handled in the manner provided by law governing all state funds. (B) One-third of the investment income generated in Fiscal Year 1990-91 and two-thirds of the income generated in Fiscal Year 1991-92 must be credited to the state fund in those years respectively. Thereafter all such income must be credited to the state fund except that the State Treasurer may charge the state fund, and credit to the general fund, the customary investment management fee."
Reference Revised
SECTION 988. Section 42-7-20 the 1976 Code is amended to read:
"Section 42-7-20. The State Accident Fund shall be administered by a director appointed by the Governor for a term of six years with the advice and consent of the Senate. The administration shall provide for employment of office and field personnel necessary for the proper conduct of the business of the fund, to the extent of appropriations therefor, including the determination of the amount of and the collection of annual charges, the issuance of certificates of compliance with this article, the investigation of claims, the adjustment and payment of claims and awards, the inspection of risks, study and investigation with respect to safety provisions with recommendations to employers as to means of preventing injuries, medical examination of employees, and the prosecution of subrogation rights against any third party. The director may inspect and audit records of employers for the purpose of determining or verifying the amount of annual charges against such employers."
Reference Revised
SECTION 989. Section 42-7-30 the 1976 Code is amended to read:
"Section 42-7-30. Legal representation for the State Accident Fund shall be provided by a chief counsel and such staff attorneys as are necessary appointed by the director of the fund with the approval of the Attorney General. Any extra legal services that may be required must be performed by attorneys selected by the director also with the approval of the Attorney General. Fees and expenses for nonstaff attorneys must be approved by the director."
Reference Revised
SECTION 990. Section 42-7-40 the 1976 Code is amended to read:
"Section 42-7-40. This article shall apply to the State including the State Guard and the National Guard."
Reference Revised
SECTION 991. Section 42-7-70 the 1976 Code is amended to read:
"Section 42-7-70. The rates and premiums paid by employers insured in the fund must not be excessive, inadequate, or unfairly discriminatory. Employers may be grouped by classifications for the establishment of rates and minimum premiums, and classification rates may be modified to produce rates for individual employers in accordance with rating laws which establish standards for measuring any variations in hazards or expense provisions, or both, that can be demonstrated to have a probable effect upon losses or expenses. All premiums collected by the fund must be deposited by it in the State Treasurer to the credit of the State Accident Fund."
Reference Revised
SECTION 992. Section 42-7-75 the 1976 Code is amended to read:
"Section 42-7-75. All state agencies shall pay workers' compensation premiums according to Section 42-7-70, as determined by the State Accident Fund. Calculation of premiums for the Adjutant General's Office must exclude losses arising out of service as a member of the South Carolina State and National Guard. In lieu of premiums for those losses the Adjutant General shall pay, at the beginning of each premium year, the amount estimated by the fund to be required to cover actual workers' compensation benefits to guard members during the premium year. If the amount actually paid as benefits differs from the estimated pay out advanced under this paragraph, the difference must be debited or credited to the Adjutant General's account in the same manner that an actual adjusted premium is handled. The State Treasurer and the Comptroller General shall pay from the general fund of the State to the State Accident Fund any necessary funds to cover actual benefit claims paid during any fiscal year, which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund shall certify quarterly to the Budget and Control Board the state's liability for the benefit claims actually paid to claimants who are employees of any agency or political subdivision of this State and who are entitled to such payment under state law. The amount certified must be remitted to the State Accident Fund. If there are not sufficient funds in the State Accident Fund Trust Account to pay operating expenses and claims as they arise, the State Treasurer shall, from the general fund of the State, deposit in the account monthly sufficient funds to pay expenses and claims required by law to be paid, but the amount deposited may not exceed the amount of investment income which the account would have earned from its inception if all such earnings had been credited to the fund."
Reference Revised
SECTION 993. Section 42-7-90 the 1976 Code is amended to read:
"Section 42-7-90. From the State Accident Fund the following expenditures are authorized: (1) for the payment of any award under this article made by the commission in connection with accidental injury or death of any official or employee of the State, any county or municipality therein, any political subdivision thereof or any agency or institution of the State or a county, municipality, or political subdivision thereof participating hereunder; or (2) any other expenses authorized by law or approved by the Budget and Control Board."
References Revised
SECTION 994. Section 42-7-200(A) of the 1976 Code of Laws is amended to read:
"(A) There is established within the office of the Second Injury Fund the South Carolina Workers' Compensation Uninsured Employers' Fund to ensure payment of workers' compensation benefits to injured employees whose employers have failed to acquire necessary coverage for employees. The fund must be administered by the director of the Second Injury Fund who shall establish procedures to implement this section. When an employee makes a claim for benefits pursuant to Title 42 and the State Workers' Compensation Commission determines that the employer is subject to Title 42 and is operating without insurance or as an unqualified self-insurer, the commission shall notify the fund of the claim. The fund shall pay or defend the claim as it considers necessary in accordance with the provisions of Title 42. When the fund is notified of a claim, the fund may place a lien on the assets of the employer by way of lis pendens or otherwise so as to protect the fund from payments of costs and benefits. If the fund is required to incur costs or expenses or to pay benefits, the fund has a lien against the assets of the employer to the full extent of all costs, expenses, and benefits paid and may file notice of the lien with the clerk of court of any county in which the employer has assets and with the Secretary of State in the same manner as utilized under Title 36 (Uniform Commercial Code). Any of the employer's assets sold or conveyed during the litigation of the claim must be sold or conveyed subject to the lien. The fund has all rights of attachment set forth in Section 15-19-10 and has the right to proceed otherwise in the collection of its lien in the same manner as the Department of Revenue and Taxation is allowed to enforce a collection of taxes generally pursuant to Section 12-49-10, et seq. When all benefits due the claimant, as well as all expenses and costs of litigation, have been paid, the fund shall file notice of the total of all monies paid with the clerk of court in any county in which the employer has assets and with the Secretary of State. This notice constitutes a judgment against the employer and has priority as a first lien in the same manner as liens of the Department of Revenue and Taxation, subject only to the lien of the Department of Revenue and Taxation pursuant to Section 12-49-10, et seq. If the employer files for bankruptcy or otherwise is placed into receivership, the fund becomes a secured creditor to the assets of the employer in the same manner as the Department of Revenue and Taxation has priority for unpaid taxes, subject only to the lien of the Department of Revenue and Taxation. The fund otherwise has all rights and remedies afforded the Department of Revenue and Taxation as set forth in Section 12-54-10, et seq."
Organization revised and names changed
SECTION 995. Subsections (a), (c), and (d) of Section 42-7-310 of the 1976 Code are amended to read:
"(a) There is hereby established, under the Budget and Control Board, the Second Injury Fund for the purpose of making payments in accordance with the provisions of Section 42-9-400 and this section. The fund shall be administered by a director appointed by the State Budget and Control Board. The State Treasurer shall be the custodian of the fund, and all moneys and securities in the fund shall be held in a separate and distinct trust account by the State Treasurer. (c) The original funding of the Second Injury Fund shall be in a manner as follows: (1) From the State Accident Fund, the State Treasurer is hereby authorized and directed to transfer one hundred thousand dollars to be deposited in the Second Injury Fund. (2) The State Treasurer is hereby authorized and directed to deposit in the Second Injury Fund one third of the workers' compensation premium tax. (3) The State Treasurer shall deposit to the account of the Second Injury Fund the money authorized paid to the Workers' Compensation Commission under Section 42-9-140. (d) The funding of the Division of the Second Injury Fund on a continuing basis is by: (1) deposits to the account of the fund by the State Treasurer of those monies authorized to be paid to the Workers' Compensation Commission under Section 42-9-140; and (2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier, under regulations prescribed by the Workers' Compensation Commission, shall make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the total benefits paid by such carrier bore to the total benefits paid by all carriers during the preceding calendar year. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty within thirty days, the director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also notify the South Carolina Department of Insurance and the South Carolina Workers' Compensation Commission, and these government agencies shall take the appropriate legal and administrative action immediately."
Citation and construction of term
SECTION 996. Upon the effective date of this act, the State Workers' Compensation Fund shall be known as the State Accident Fund, and, other than as provided in Article 1, Chapter 7, Title 42 of the 1976 Code, Section 42-7-10 through Section 42-7-100 of this act, any other reference which may be contained in the 1976 Code of Laws or other statutes to the `State Workers' Compensation Fund' shall be deemed to mean, and shall be changed to, the `State Accident Fund'.
Use of printed material
SECTION 997. All state agencies and departments and all political subdivisions of the State shall exhaust the use of all current forms, stationery, and any other printed material reflecting the name `State Workers' Compensation Fund'.
Department to be headed by director appointed by the Governor
SECTION 998. Section 43-1-10 of the 1976 Code is amended to read:
"Section 43-1-10. There is created the State Department of Social Services, referred to in this title as the state department or department, with such subordinate divisions as may be created or authorized by law. The state department shall be headed by a State Director of Social Services who shall be appointed by the Governor upon the advice and consent of the Senate. The director must possess sound moral character, superior knowledge of and experience in the field of children's services and other social services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240."
Commissioner changed to director
SECTION 999. Section 43-1-50 of the 1976 Code is amended to read:
"Section 43-1-50. The chief executive officer and the administrative head of the state department is a State Director of Social Services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the State Commissioner or commissioner, who shall hold office until his successor has been appointed and qualified. The director shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States. He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act. The director may be required to furnish bond."
Board responsibilities changed to director
SECTION 1000. Section 43-1-60 of the 1976 Code is amended to read:
"Section 43-1-60. The State Director may create: (1) a State Advisory Council of Social Services to consider and advise with the department on its problems and the remedies therefor, such Council not to exceed fifteen members. The members of such Council shall serve without compensation or allowance for expenses; (2) such advisory committees as are required by federal law or regulations regarding the programs which the department administers. These advisory committees, as are required by federal law or regulation, shall receive travel and per diem as provided under the law for state boards, commissions, or committees; and (3) other committees the director may deem necessary for prudent administration of the programs administered by the department. Such committees may be reimbursed travel expenses as provided under the law and regulations for state employees but shall receive no per diem payment. All subsistence and per diem authorized under the provisions of this section shall be paid from funds available to the Department of Social Services."
Board responsibilities changed to director
SECTION 1001. Section 43-1-70 of the 1976 Code is amended to read:
"Section 43-1-70. The director may appoint and employ such other officers and employees as are authorized and may be necessary to perform the duties placed upon the department by law, and the director shall fix their compensation unless the General Assembly shall do so, but in no event shall the director expend any sums for purposes unauthorized by law. All such compensation shall be fixed by the state department, which shall submit to the State Budget and Control Board all proposed salaries not fixed by law, and the State Budget and Control Board shall pass upon such salaries so that the amounts paid shall be in keeping with the salaries paid to other state employees for similar service and duties. The director may require such officers and employees to furnish bonds in such amounts as it may determine. The selection of such officers and employees shall be made entirely upon the qualification and merit of the individuals so employed."
Board responsibilities changed to director
SECTION 1002. Section 43-1-170 of the 1976 Code is amended to read:
"Section 43-1-170. The director shall have prepared and submit to the Governor and the General Assembly an annual budget, estimating the necessary funds for discharging the duties imposed upon the Department, after taking into consideration federal funds which have been or may be allotted to the State for such purpose."
Board responsibilities changed to director
SECTION 1003. Section 43-1-190 of the 1976 Code is amended to read:
"Section 43-1-190. The director may select the depositories for its funds pending the clearing of assistance checks and require such security on such deposits as it shall deem practicable."
Board responsibilities changed to director
SECTION 1004. Section 43-1-200 of the 1976 Code is amended to read:
"Section 43-1-200. The director shall designate and authorize the proper officers and employees of the state department to issue its requisition upon the Comptroller General for the payment of salaries or other expenses in the administration of Chapters 1, 3, 5, 7, 9, 19, and 23. The Comptroller General shall draw his warrant upon the State Treasurer as directed by such requisition, and the State Treasurer shall pay such warrants by check or otherwise. In paying assistance granted to recipients in accordance with Chapters 1, 3, 5, 7, 9, 19, and 23, the State Department may include in one lump requisition the total amount it will require to meet monthly payments from the various funds set up under the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23 and disburse such assistance to the individual beneficiaries by its own checks, but attached to such lump sum requisition shall be a list of the beneficiaries and the amounts for each making up the total requisitioned."
Board responsibilities changed to director
SECTION 1005. Section 43-1-210 of the 1976 Code is amended to read:
"Section 43-1-210. The director shall prepare and submit to the Governor and the General Assembly a full and detailed report of its activities and expenditures annually, including a statement of its personnel and the salaries paid, and shall likewise make such recommendations and suggestions as it shall deem advisable in the execution of its duties to the General Assembly."
County boards to be advisory; county board responsibilities changed to director
SECTION 1006. Chapter 3, Title 43 of the 1976 Code is amended to read:
"CHAPTER 3
County Departments and Boards of Social Services
Section 43-3-10. There is created in each county of the State a county department of social services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county department, and in each county a county board of social services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county board, to be composed of not less than three nor more than nine members. Each county board serves in an advisory capacity to the director of the county department of social services and to the director. The members of each county board shall be appointed by the Governor upon the recommendation of a majority, including the Senator, of the county legislative delegation. The terms of the members shall be for three years and until their successors have been appointed and qualify. In case of a vacancy caused by death, removal, resignation or otherwise, such vacancy shall be filled as provided in this section, but only for the unexpired term.
Section 43-3-20. Members of the county boards shall receive the same mileage as is provided by law for state boards, committees and commissions for travel in attending meetings and a per diem, the total per diem not to exceed seventy-five dollars per year.
Section 43-3-30. The members of the respective county boards shall elect one of their members as chairman. Each county board shall meet not less than once a month on regular dates fixed by it unless the director shall designate other regular dates for the various county board meetings. A simple majority of the members shall constitute a quorum and may decide all matters. Each county board may adopt its own rules of procedure unless the state department shall promulgate uniform rules for all county boards to observe.
Section 43-3-40. The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 as the county director, to discharge the duties of such office. The salaries of county directors shall be fixed by the director. In fixing the salaries of the various county directors the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform such duties as are directed by the director or as directed by law.
Section 43-3-50. Each county board may create a county advisory council of social services to consider and advise with the county board on its problems and the remedies therefor, such council not to exceed five members. Members of such councils shall serve without compensation or allowance for expenses.
Section 43-3-60. The respective county directors shall act as the representatives of the director in administering such welfare activities within the county as are provided for by law or as are directed and required by the director when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department in the performance of such functions as the director may delegate to it.
Section 43-3-70. Each county director shall submit to the state director at such times as the latter shall require the director's estimate of the necessary administrative expenses and expenditures in the county, which, when approved by the state director, shall be authority for the county director to engage such other agents and employees as may be necessary in executing the duties and activities delegated to the county director. All such agents and employees shall measure up to the standards fixed by the state director as to education, training, fitness and experience in social work.
Section 43-3-80. Each county director shall prepare and submit to the state director, as required by the latter, an estimated budget for carrying out the duties and functions delegated to the county director, and shall maintain an accurate record of the county department's activities and all funds received and expended by it.
Section 43-3-90. The respective county directors shall maintain such standards of work, procedure and records as are required by the state director in the discharge of their functions or in the use of any funds provided by the state department.
Section 43-3-100. The records and accounts of each county shall be maintained as prescribed by the director and shall be subject to inspection, supervision, and audit by the state department and in the same manner and with the same effect as may be provided by law for the examination of other public offices.
Section 43-3-110. Each county director shall furnish such reports to the director as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the director may require. Each county director shall make an annual report of the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county director shall furnish such reports and data as may be required by the state department or the federal government, through its appropriate agency or instrumentality, concerning conditions within its county, the county department's activities and functions and the administration of funds received by the county department."
Commissioner changed to director and department
SECTION 1007. Section 43-5-10 of the 1976 Code is amended to read:
"Section 43-5-10. The Department of Social Services shall be responsible for maintaining uniformity in the administration of public welfare throughout the State. The director shall be the only person authorized to determine and implement the policies of the department. The department shall issue regulations pursuant to Sections 1-23-10 et seq., whenever changes in federal laws and regulations supersede existing state statutes. In adopting regulations the department shall strive for clarity of language which may be readily understood by those administering aid and by those who apply for or receive aid."
Commissioner changed to director
SECTION 1008. Section 43-5-75 of the 1976 Code of Laws is amended to read:
"Section 43-5-75. The director or his authorized agent may, after signed authorization from the applicant or recipient, request and receive from any bank or other financial institution doing business in South Carolina information with respect to the transaction with any such institution of any applicant for or recipient of any form of aid or relief under this article and it shall be the duty of the officers and employees of such institution to furnish the information within ten working days to the department pursuant to the written request of the director."
Department name changed
SECTION 1009. Section 43-5-120 of the 1976 Code of Laws is amended to read:
"Section 43-5-120. (a) The Department of Revenue and Taxation shall provide the director or his designees an abstract of the income tax return requested, or provide information concerning any item of income or expense, including support claimed to have been provided to dependent children or step-children, contained in the income tax return or disclosed by any investigation of the income or return of the applicant or recipient. (b) The information obtained pursuant to this section shall be used or disclosed only for the purpose of enabling the department to verify or determine the eligibility of an applicant or recipient or to enable the Department of Revenue and Taxation to determine whether tax fraud has been committed. (c) The applicant or recipient whose income tax records have been requested from the Department of Revenue and Taxation shall be notified by mail that such request has been made at the time of the request. (d) Any violation or suspected violation of state or federal law determined under this section shall be referred to the appropriate state or federal law enforcement authorities. (e) The director or his designees shall be subject to the provisions of Section 12-7-1680 of the 1976 Code regarding the confidentiality of state income tax records."
Appeals heard pursuant to Administrative Procedures Act
SECTION 1010. Section 43-5-150 of the 1976 Code is amended to read:
"Section 43-5-150. In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department. The department shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department may be made to an administrative hearing examiner pursuant to the Administrative Procedures Act."
Commissioner changed to director
SECTION 1011. Section 43-5-170 of the 1976 Code is amended to read:
"Section 43-5-170. The department may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the director and employees designated by him may administer oaths and examine witnesses under oath."
Department name changed
SECTION 1012. Section 43-5-220(i) of the 1976 Code is amended to read:
(i) "The department may submit to the Department of Revenue and Taxation for collection and setoff any debt for past-due support owed to the department or owed to an individual not otherwise eligible for collection services who has made application to the department. The debt for past-due support must be at least sixty days in arrears and is in excess of twenty-five dollars as provided in Section 12-7-2240. At the time of the submission, the department shall notify the debtor that his state tax refund will be subject to a debt for past-due support. The notice shall set forth the name of the debtor, the amount of the claimed debt, the intention to set off the refund against the debt, the taxpayer's opportunity to give written notice to contest the setoff within thirty days of the date of mailing of the notice, the appropriate office of the department to which the application for a hearing must be sent, and the fact that failure to apply for a hearing in writing within the thirty-day period will be considered a waiver of the opportunity to contest the setoff. If the debtor makes written application to contest the setoff within thirty days of notification, the department shall provide an opportunity for a hearing and is responsible for refunding any monies wrongfully collected. If no application is made, the debtor's refund must be used to set off the amount owed. From the amount transferred from the Department of Revenue and Taxation, the department shall reimburse the Department of Revenue and Taxation for expenses incurred in administering this program. In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department to cover all costs. The department shall request that the Department of Revenue and Taxation send to the department notice of the home address, corrected social security number, or additional social security numbers, if more than one is used, of any taxpayer whose name is submitted to the Department of Revenue and Taxation under this subsection."
Commissioner changed to director
SECTION 1013. Section 43-5-550 (f) of the 1976 Code is amended to read:
"(f) The director of the department is also responsible for appointing the chairperson and membership of the committee."
Department name changed
SECTION 1014. Section 43-5-550 (h)(5) of the 1976 Code is amended to read:
"(5) Job marketing and selective placement services must be provided by the DSS Work Support Services staff and through cooperative agreement or contracts with the Employment Security Commission, Department of Vocational Rehabilitation, Job Training Partnership Act (JTPA) and Private Industry Councils (PIC), the Division of State Development of the Department of Commerce, State Board for Technical and Comprehensive Education, or all. Emphasis must be placed on the identification and development of quality placements to assure the continued self-sufficiency of DSS clients served."
Commissioner changed to director; department name changed
SECTION 1015. Section 43-5-620 of the 1976 Code is amended to read:
"Section 43-5-620. (a) The director or his designees, in writing, shall have access to all records and the departments, in cooperation with all other departments of the executive branch, shall establish a single uniform system of information clearance and retrieval, wherever possible. (b) The bureau of employment security shall provide the department with a statement of earnings clearance upon the request of the department. (c) Upon request of the department, the Motor Vehicles Division of the Department of Revenue and Taxation shall provide information as to all vehicles owned by the applicant or recipient. (d) With the exception of the access provided by subsections (b) and (c), the provisions of subsection (a) may not be construed to give the department access to information which would otherwise be considered privileged or confidential pursuant to state or federal law."
Commission on Aging made a division of the Office of the Governor
SECTION 1016. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created, in the Office of the Governor, the Division on Aging. The division must be supported by an Advisory Commission on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor. The members must be citizens of the State who have an interest in and a knowledge of the problems of the aging. In making appointments to the advisory commission, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging. The chairman must be elected by the members of the advisory commission from its appointive members for a term of two years and until his successor is elected. Members of the commission shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees. The advisory commission shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division."
Commission made advisory; grounds for removal
SECTION 1017. Section 43-21-20 of the 1976 Code is amended to read:
"Section 43-21-20. The appointed members of the advisory commission shall serve for terms of four years and until their successors are appointed and qualify. The terms of the appointed members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No appointed members may serve more than two consecutive terms. The Governor may terminate the appointive members of the commission for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination of such appointment must be communicated to each member of the commission."
Commission changed to division; authorization of division includes additional provisions
SECTION 1018. Section 43-21-40 of the 1976 Code is amended to read:
"Section 43-21-40. The division shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of federal or state law. The division may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter. The division shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program. It shall also be the duty of the division to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging. Without limiting the foregoing, the division is specifically authorized to: (a) Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging. (b) Promote community education in the problems of older people through institutes, publications, radio, television, and the press. (c) Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging. (d) Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging. (e) Serve as a clearinghouse for information in the field of aging. (f) Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation. (g) Engage in any other activity deemed necessary by the division to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State; (h) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose; (i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services; (j) designate area agencies on aging as required by the Older Americans Act; (k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590."
Commission changed to division
SECTION 1019. Section 43-21-50 of the 1976 Code is amended to read:
"Section 43-21-50. The division may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor."
Commission changed to division
SECTION 1020. Section 43-21-60 of the 1976 Code is amended to read:
"Section 43-21-60. The division shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."
Governor to appoint division director; grounds for removal
SECTION 1021. Section 43-21-70 of the 1976 Code is amended to read:
"Section 43-21-70. The Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."
Commission changed to director
SECTION 1022. Section 43-21-80 of the 1976 Code is amended to read:
"Section 43-21-80. The director shall appoint any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefor in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements."
Commission changed to director
SECTION 1023. Section 43-21-100 of the 1976 Code is amended to read:
"Section 43-21-100. The division shall prepare the budget for its operation which must be submitted to the Governor and to the General Assembly for approval."
Department name changes
SECTION 1024. Section 43-21-120 of the 1976 Code is amended to read:
"Section 43-21-120. There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department of Mental Health, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Director of the Department of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services, the Director of the Department of Alcohol and Other Drug Abuse Services, and the Chairperson of the Commission on Women. The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members. The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council. The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section."
Department name changes
SECTION 1025. Section 43-21-130 of the 1976 Code is amended to read:
"Section 43-21-130. (A) There is created the Long-Term Care Council (council) composed of the following voting members: (1) the Governor or his designee; (2) the Director of the Department of Social Services; (3) the Director of the Department of Health and Environmental Control; (4) the Director of the Department of Mental Health; (5) the Director of the Department of Disabilities and Special Needs; (6) the Director of the Division on Aging; (7) the Director of the Department of Health and Human Services; (8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee; (9) the Chairman of the Joint Legislative Committee on Aging, or his designee; (10) one representative of each of the following groups appointed by the Governor annually: (a) long-term care providers; (b) long-term care consumers; (c) persons in the insurance industry developing or marketing a long-term care product. (B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Governor to represent private groups serve without compensation. (C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations."
Commission changed to division
SECTION 1026. Section 43-21-150 of the 1976 Code is amended to read:
"Section 43-21-150. The Division on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning: (a) the availability of long term care services; (b) the lifetime risk of spending some time in a nursing home; (c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and (d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives. This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems."
Commission changed to division
SECTION 1027. Section 43-21-160 of the 1976 Code is amended to read:
"Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Division on Aging. (B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account. (C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity. (D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services. (E) The South Carolina Division on Aging shall carry out all activities necessary to administer the fund."
Commission changed to division
SECTION 1028. Section 43-21-170 of the 1976 Code is amended to read:
"In administering the Eldercare Trust Fund, the division may, but is not limited to: (1) assess the critical needs of the frail elderly and establish priorities for meeting these needs; (2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations; (3) solicit proposals for programs that are aimed at meeting identified service needs; (4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission; (5) establish criteria for awarding grants; and (6) enter into contracts for the awarding of grants to public and private nonprofit organizations."
Commission changed to division
SECTION 1029. Section 43-21-180 of the 1976 Code is amended to read:
"Section 43-21-180. (A) Until the assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the division. (B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the division."
Removal of board members; factors to ensure nondiscrimination in board appointments
SECTION 1030. Section 44-1-20 of the 1976 Code is amended to read:
"Section 44-1-20. There is hereby created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board shall consist of seven members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the chairman of the board pursuant to Section 1-3-240(B); however, the Governor may only remove the other board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, three shall be appointed for two years and four shall be appointed for four years. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed."
Commissioner changed to director; obsolete language deleted; vacancy provisions
SECTION 1031. Section 44-1-40 of the 1976 Code is amended to read:
"Section 44-1-40. The board shall select a director for the department who shall serve a four-year term and who shall have such authority and perform such duties as may be directed by the board. The salary of the director shall be fixed by the board, upon approval of the State Budget and Control Board. For any vacancy occurring in the office of director on or after February 1, 1995, the board, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board may remove a director only after consultation with and approval by the Governor."
Board to hear appeals from decisions of administrative law judge
SECTION 1032. Section 44-1-50 of the 1976 Code is amended to read:
"Section 44-1-50. The board may conduct such hearings as may be required by law, as considered necessary by the board, and as necessary to hear appeals from decisions of administrative law judges pursuant to Chapter 23 of Title 1. The board does not have the authority to hear appeals from decisions of the Coastal Zone Management Appellate Panel or the Mining Council. Such appeals shall be conducted pursuant to the provisions in Chapters 20 and 30 of Title 48. The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions."
Commissioner changed to director
SECTION 1033. Section 44-1-100 of the 1976 Code is amended to read:
"Section 44-1-100. All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns shall aid and assist the Director of the Department of Health and Environmental Control and shall carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed."
Commissioner changed to director
SECTION 1034. Section 44-2-75(B) of the 1976 Code is amended to read:
"(B) The formation and operation of an insurance pool under this section is subject to approval by the Director of the Department of Insurance who may, after notice and hearing, establish reasonable requirements by regulation for the approval and monitoring of these pools, including prior approval of pool administrators and provisions for periodic examinations of financial condition."
Commissioner changed to department and director
SECTION 1035. Section 44-2-75(C) of the 1976 Code is amended to read:
"(C) The Department of Insurance may disapprove an application for the formation of an insurance pool and may suspend or withdraw approval whenever he finds that the applicant or pool: (1) has refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Director of the Department of Insurance or his representative; (2) has refused, or its officers or agents have refused, to furnish satisfactory evidence of its financial and business standing or solvency; (3) is solvent or is in such condition that its further transaction of business in this State is hazardous to its members and creditors in this State, and to the public; (4) has refused or neglected to pay a valid final judgment against it within sixty days after its rendition; (5) has violated any law of this State or has violated or exceeded the powers granted by its members; (6) has failed to pay any fees, taxes, or charges imposed in this State within sixty days after they are due and payable, or within sixty days after final disposition or any legal contest with respect to liability therefor; or (7) has been found insolvent by a court of any other state, or by the insurance commissioner or other proper officer or agency of any other state, and has been prohibited from doing business in that state."
Commissioner changed to director
SECTION 1036. Section 44-3-110 of the 1976 Code is amended to read:
"Section 44-3-110. There is hereby created the Catawba Health District consisting of Chester, Lancaster and York Counties. The Catawba Health District shall be a subdivision of the Department of Health and Environmental Control and shall be under the direction and control of the Department of Health and Environmental Control. The Director of the Department of Health and Environmental Control shall appoint, after consultation with the District Advisory Council, a district medical director whose duty it shall be to protect the public health in the district."
Commissioner changed to director
SECTION 1037. Section 44-3-150 of the 1976 Code is amended to read:
"Section 44-3-150. The Chester County Health Department, the Lancaster County Health Department and the York County Health Department, including county health officers, medical directors and county administrators, shall be directly responsible to and under the direction and control of the district medical director who shall be responsible to and under the direction and control of the Director of the Department of Health and Environmental Control."
State Health and Human Services Finance Commission changed to department
SECTION 1038. Section 44-6-5 of the 1976 Code is amended to read: "Section 44-6-5. As used in this chapter: (1) `Department' means the State Department of Health and Human Services. (2) `Division' means the Division of Research and Statistical Services of the State Budget and Control Board. (3) `Costs of medical education' means the direct and indirect teaching costs as defined under Medicare. (4) `Market basket index' means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the commission using substantially the same methodology as the federal market basket uses on January 1, 1986. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review. (5) `Medically indigent' means: (a) all persons whose gross family income and size falls at or below the federal Community Service Administration guidelines and who meet certain qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship, and migrant or seasonal farm workers who have no established domicile in any state; and (b) all persons whose gross family income and size falls between one hundred percent and two hundred percent of the Community Service Administration guidelines who meet certain other qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship and whose medical bill is sufficiently large in relation to their income and resources to preclude full payment. For the purposes of this definition, the qualifying criteria for real property allowance shall permit ownership of up to fifty acres of farmland upon which the family has resided for at least twenty-five years. (6) `Net inpatient charges' means the total gross inpatient charges, minus the unreimbursed cost of medical education and the unreimbursed cost of providing medical care to medically indigent persons. The cost of care provided by a hospital to meet its Hill-Burton obligation is not considered an unreimbursed cost of providing medical care to medically indigent persons. (7) `South Carolina growth index' means the percentage points added to the market basket index to adjust for the South Carolina specific experience. The Health Care Planning and Oversight Committee shall complete a study which identifies and quantifies those elements which should be included in the growth index. The elements may include, but are not limited to: population increases, aging of the population, changes in the type and intensity of hospital services, technological advances, the cost of hospital care in South Carolina relative to the rest of the nation, and needed improvements in the health status of state residents. Based on the study, the department shall develop and promulgate regulations for the annual computation of the growth index. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review. Until a formula for computing the South Carolina growth index is promulgated, the annual index must be six and six-tenths percent which is equal to the average percentage difference between South Carolina hospital expenditures and the federal market basket index for the previous ten years. (8) `State resident' means a person who is domiciled in South Carolina. A domicile once established is lost or changes only when one moves to a new locality with the intention of abandoning his old domicile and intends to live permanently or indefinitely in the new locale. (9) `Target rate of increase' means the federal market basket index as modified by the South Carolina growth index. (10) `General hospital' means any hospital licensed as a general hospital by the Department of Health and Environmental Control."
Members deleted; Governor to appoint director
SECTION 1039. Section 44-6-10 of the 1976 Code is amended to read:
"Section 44-6-10. There is created the State Department of Health and Human Services which shall be headed by a Director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240."
Commission changed to department
SECTION 1040. Section 44-6-30 of the 1976 Code is amended to read:
"Section 44-6-30. The department shall: (1) Administer Title XIX of the Social Security Act (Medicaid), including the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System. (2) Be designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act. (3) Administer the Social Services Block Grant Program. (4) Be prohibited from engaging in the delivery of services."
Commission changed to department
SECTION 1041. Section 44-6-40 of the 1976 Code is amended to read: "Section 44-6-40. For all health and human services interagency programs provided for in this chapter, the department shall have the following duties: (1) Prepare and approve state and federal plans prior to submission to the appropriate authority as required by law for final approval or for state or federal funding, or both. Such plans shall be guided by the goal of delivering services to citizens and administering plans in the most effective and efficient ways possible. (2) Compile and maintain in a unified, concise, and orderly form information concerning programs provided for in this chapter. (3) Continuously review and evaluate programs to determine the extent to which they: (a) meet fiscal, administrative, and program objectives; and (b) are being operated cost effectively. (4) Evaluate plans and programs in terms of their compatibility with state objectives and priorities giving specific attention to areas outlined in Section 44-6-70. (5) Formulate for consideration and promulgation criteria, standards, and procedures that ensure assigned programs are administered effectively equitably, and economically and in accordance with statewide policies and priorities. (6) Inform the Governor and the General Assembly as to the effectiveness of the criteria, standards, and procedures promulgated pursuant to item (5) of this section. (7) Develop in conjunction with other state agencies an information system to provide data on comparative client and fiscal information needed for programs. (8) Develop a mechanism for local planning. (9) Obtain from participating state agencies information considered necessary by the department to perform duties assigned to the department."
Commission changed to department
SECTION 1042. Section 44-6-45 of the 1976 Code is amended to read:
"Section 44-6-45. The State Department of Health and Human Services may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee may not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State."
Commission changed to department
SECTION 1043. Section 44-6-50 of the 1976 Code is amended to read:
"Section 44-6-50. In carrying out the duties provided for in Section 44-6-30 the department shall: (1) Contract with health and human services agencies for eligibility determination with performance standards regarding quality control as required by law or regulation. (2) Contract for operation of certified Medicaid management information claims processing system. For the first year of its operation it shall contract for such system with the Department of Social Services. (3) Contract for other operational components of programs administered under this chapter as considered appropriate. (4) Monitor and evaluate all contractual services authorized pursuant to this chapter to assure effective performance. Any contract entered into under the provisions of this chapter must be in accordance with the provisions of the South Carolina Consolidated Procurement Code. (5) Establish a procedure whereby inquiries from members of the General Assembly concerning the department's work and responsibility shall be answered as expeditiously and definitely as possible."
Commission changed to department
SECTION 1044. Section 44-6-70 of the 1976 Code is amended to read:
"Section 44-6-70. A state plan must be prepared by the department for each program assigned to it and the department must also prepare resource allocation recommendations based on such plans. The resource allocation recommendations must be approved pursuant to state and federal law. The state plans must address state policy and priority areas of service with specific attention to the following objectives: (a) Prevention measures as addressed in health and human services programs. (b) Achievement of a balanced health care delivery system assuring that regulations, coverage, and reimbursement policies assure that while the most appropriate care is given, tailored to the client's needs, it is delivered in the most cost-effective manner. (c) Simplification of paperwork requirements. (d) Achievement of optimum cost effectiveness in administration and delivery of services provided quality of care is assured. (e) Improvement of effectiveness of third party reimbursement efforts. (f) Assurance of maximum utilization of private and nonprofit providers in administration and service delivery systems, provided quality of care is assured. (g) Encouragement of structured volunteer programs in administration and service delivery."
Commission changed to department
SECTION 1045. Section 44-6-80 of the 1976 Code is amended to read:
"Section 44-6-80. The department must submit to the Governor, the State Budget and Control Board, and the General Assembly an annual report concerning the work of the department including details on improvements in the cost effectiveness achieved since the enactment of this chapter and must recommend changes for further improvements. Interim reports must be submitted as needed to advise the Governor and the General Assembly of substantive issues."
Commission changed to department
SECTION 1046. Section 44-6-90 of the 1976 Code is amended to read:
"Section 44-6-90. The department may promulgate regulations to carry out its duties. All state and local agencies whose responsibilities include administration or delivery of services which are covered by this chapter shall cooperate with the department and comply with its regulations."
Commission changed to department; provisions deleted
SECTION 1047. Section 44-6-100 of the 1976 Code is amended to read:
"Section 44-6-100. The department employees shall have such general duties and receive such compensation as determined by the director. The director shall be responsible for administration of state personnel policies and general department personnel policies. The director shall have sole authority to employ and discharge employees subject to such personnel policies and funding available for that purpose. In all instances, the director shall serve as the chief administrative officer of the department and shall have the responsibility of executing policies, directives, and actions of the department either personally or by issuing appropriate directives to the employees. The goal of the provisions of this section is to ensure that the department's business is conducted according to sound administrative practice, without unnecessary interference with its internal affairs. Public officers and employees shall be guided by this goal and comply with these provisions."
Commission changed to department
SECTION 1048. Section 44-6-140 of the 1976 Code is amended to read:
"Section 44-6-140. (A) To provide cost containment incentives for providers of care to Medicaid recipients, the department shall convert the Medicaid hospital reimbursement system from a retrospective payment system to a prospective payment system by October 1, 1985. The prospective payment system includes, at a minimum, the following elements: (1) a maximum allowable payment amount established for individual hospital products, services, patient diagnoses, patient day, patient admission, or per patient, or any combination thereof. This payment must be based on hospital costs rather than hospital charges and must be adjusted at least every two years to reflect the most recent audited cost data available. The department shall set by regulation those circumstances under which a hospital may seek an exception. The maximum allowable payment amount must be weighted to allow for the costs of medical education and primary, secondary, or tertiary care considerations; (2) payment on a timely basis to the hospital by the commission or patient or both, of the maximum allowable payment amount determined by the commission; and (3) acceptance by the hospital of the maximum payment amount as payment in full, which includes any deductible or copayment provided for in the state Medicaid program. (B) The department shall at the same time implement other cost containment measures which include, but are not limited to: (1) utilization reviews for appropriateness of treatment and length of stay; (2) preadmission certification of nonemergency admissions; (3) mandatory outpatient surgery in appropriate cases; (4) a second surgical opinion pilot study; and (5) procedures for encouraging the use of outpatient services. The department, to the fullest extent possible, shall utilize information required in this subsection in the form hospitals are presently submitting the information to other governmental agencies or in the form hospitals are presently utilizing the information within the hospital."
Commission changed to department
SECTION 1049. Section 44-6-146 of the 1976 Code is amended to read:
"Section 44-6-146. (A) Every fiscal year the State Treasurer shall withhold from the portion of the Local Government Fund allotted to the counties a sum equal to fifty cents per capita based on the population of the several counties as shown by the latest official census of the United States. The money withheld by the State Treasurer must be placed to the credit of the commission and used to provide Title XIX (Medicaid) services. (B) County governments are assessed an additional thirteen million dollars annually for use as matching funds for Medicaid services. Of these funds, seven and a half million dollars must be deposited into the Medicaid Expansion Fund created by Section 44-6-155. The department shall assess each county its share of the thirteen million dollars based on a formula which equally weighs the following factors in each county: property value, personal income, net taxable sales, and the previous two years of claims against the medically indigent assistance fund or program against county residents. If a trust fund has been established in a county to fund indigent care in the county, contributions on behalf of the county must be credited against the county assessment. (C) Within thirty days of the first day of the state's fiscal year, and on the first day of the other three quarters, each county shall remit one-fourth of its total assessment to the department. The department shall allow a brief grace period during which late payments are not subject to interest or penalty. Any county which fails to pay its assessment within the time allotted must pay, in addition to the assessment, a penalty of five percent of the assessment and interest at one and one-half percent per month from the date the assessment was originally due to the date of the payment of the assessment and penalty. The department may in its discretion waive or reduce the penalty or interest or any part thereof."
Commission changed to department
SECTION 1050. Section 44-6-150 of the 1976 Code is amended to read:
"Section 44-6-150. (A) There is created the South Carolina Medically Indigent Assistance Program, administered by the department. The program is authorized to sponsor up to fifteen million dollars of inpatient hospital care, for which hospitals shall receive no reimbursement except as provided in Section 44-6-155. Any general hospital equipped to provide the necessary treatment must: (1) admit a patient sponsored by the program; and (2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment. In addition to or in lieu of any action taken affecting the license of the hospital, when it is established that any officer, employee, or member of the hospital medical staff has violated the provisions of this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars. (B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be adjusted by the most recent audited cost to charge ratio when used to calculate: (1) claims against the Medically Indigent Assistance Program by county residents as required by Section 44-6-146(B); (2) the fifteen million dollar limit on hospital care sponsored by the Medically Indigent Assistance Program; and (3) hospital reimbursements authorized by Section 44-6-155. (C) In administering the Medically Indigent Assistance Program, the department shall determine: (1) the method of administration, including the specific procedures and materials to be used statewide in determining eligibility for the program; (a) In nonemergency cases, the patient shall submit the necessary documentation to his county of residence or its designee to determine eligibility before admission to the hospital. (b) In case of an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all claims by its residents be submitted to the county or its designee for review before being forwarded to the department for processing. If a county exercises its option to review claims, the reviews must be completed within fifteen days. (2) the population to be served including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the definition of medically indigent; (3) the health care services covered; (4) a system to reimburse hospitals if funds are available as provided in Section 44-6-155; (5) requirements for hospitals to report information needed to administer the program. This includes, but is not limited to, each sponsored patient's name, program authorization number, county of residence, primary diagnosis, and hospital charges; (6) a process by which any claim or eligibility determination can be contested and appealed; and (7) a method for processing claims. The program may not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the department based on income and family size. Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons."
Commission changed to department
SECTION 1051. Section 44-6-155 of the 1976 Code is amended to read:
"Section 44-6-155. (A) There is created the Medicaid Expansion Fund into which must be deposited: (1) funds collected pursuant to Section 44-6-146; (2) funds collected pursuant to Section 12-23-810; and (3) funds appropriated pursuant to subsection (B) of this section. This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund. (B) The department shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C) of this section. Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds. (C) Monies in the fund must be used for the following purposes: (1) to provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines; (2) to provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines; (3) to provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines; (4) to provide Medicaid coverage through a medically needy program to eligible persons in families with medical expenses which reduce the net family income below state and federal standards; (5) to provide Medicaid reimbursement for hospital patients in need of subacute care, including patients in swing beds; (6) to provide a pool of at least forty-four million dollars for the sole purpose of adjusting Medicaid reimbursement for hospitals as provided in Section 44-6-140(A)(1). Funds in the pool not immediately used for this purpose must be carried forward for eventual use for this purpose; (7) to provide up to $240,000 to reimburse the Division of Research and Statistical Services and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170; and (8) to supplement state funds needed to administer items (3) and (4), not to exceed $700,000. (D) All funds not expended for the purposes specified above must be used at the end of the fiscal year to reimburse hospitals for care given to patients sponsored by the Medically Indigent Assistance Program during the same fiscal year. (E) Any funds not expended for the purposes specified in subsections (C) and above during a given year are carried forward to the succeeding year for the same purposes."
Commission changed to department
SECTION 1052. Section 44-6-160 of the 1976 Code is amended to read:
"Section 44-6-160. (A) By August first of each year, the department shall compute and publish the annual target rate of increase for net inpatient charges for all general hospitals in the State. The target rate of increase will be established for a twelve-month period from October first through September thirtieth of the following year. Once established, the target rate of increase must not be amended during the year except as provided in subsection (B) of this section. The department shall monitor the performance of the hospital industry to contain costs, specifically as evidenced by the annual rate of growth of net inpatient charges. If the department determines that the annual rate of increase in net inpatient charges for the hospital industry has exceeded the target rate of increase established for that year, the department shall appoint an expert panel for the purpose of analyzing the financial reports of each hospital whose net inpatient charges exceeded the target rate of increase. The panel's review shall take into consideration service volume, intensity of care, and new services or facilities. The panel shall consist of at least three members who have broad experience, training, and education in the field of health economics or health care finance. The panel shall report its findings and recommendations, including recommended penalties or sanctions, to the department. The department shall decide what, if any, penalty it will impose within three months of receiving all necessary data. (B) The department may impose penalties or sanctions it considers appropriate. Penalties must be prospective. Financial penalties are limited to a reduction in a hospital's target rate of increase for the following year. Any reduction in a hospital's target rate of increase for the next year must not be greater than the amount the hospital exceeded the industry's target rate of increase for the previous year. Once a hospital is sanctioned, it must be reviewed annually until it succeeds in remaining below its target rate of increase. (C) [REPEALED]"
Commission changed to department
SECTION 1053. Section 44-6-170 of the 1976 Code is amended to read:
"Section 44-6-170. (A) In order to develop a timely and meaningful data base and to assist the department in its efforts to properly carry out its functions as provided by the South Carolina Medically Indigent Assistance Act, the Division of Research and Statistical Services of the State Budget and Control Board shall require the standardized reporting by hospitals of the following hospital-specific information for the twelve-month period from October first through September thirtieth for each federal fiscal year, and the department shall reimburse the division for the cost of collecting and preparing this information. This information must be submitted by February first of the following year: (1) total gross revenue, including: (a) gross inpatient revenue; (b) Medicare gross revenue; (c) Medicaid gross revenue; (d) South Carolina Medically Indigent Assistance Fund gross revenue; (2) total deductions from gross revenue, including: (a) Medicare contractual allowances; (b) Medicaid contractual allowances; (c) other contractual allowances; and (d) bad debts; (3) total direct costs and medical education (a) reimbursed; and (b) unreimbursed; (4) total indirect costs of medical education (a) reimbursed; and (b) unreimbursed; (5) total costs of care for medically indigent (a) reimbursed; and (b) unreimbursed; (6) total admissions, including: (a) Medicare admissions; (b) Medicaid admissions; (c) South Carolina Medically Indigent Assistance Program admissions; and (d) other admissions; (7) total patient days; (8) average length of stay; (9) total outpatient visits; (10) extracts of the following medical record information: (a) patient date of birth; (b) patient number; (c) patient sex; (d) patient county of residence; (e) patient zip code; (f) patient race; (g) date of admission; (h) source of admission; (i) type of admission; (j) discharge date; (k) principal and up to four other diagnoses; (l) principal procedure and date; (m) patient status at discharge; (n) up to four other procedures; (o) hospital identification number; (p) principal source of payment; and (q) total charges and components of those charges, including associated room and board units; (r) patient medical record or chart number; and (s) attending physician and primary surgeon. In addition, the division shall collect data as recommended by the Health Care Planning and Oversight Committee pursuant to subsection (C) of this section and other data relative to the medically indigent population, including: demographic characteristics, economic status, utilization of health care services, and fluctuations in the population over time. These requirements are promulgated by regulations in accordance with the Administrative Procedures Act. (B) It is the intent of the South Carolina Medically Indigent Assistance Act and of regulations promulgated pursuant thereto to protect the confidentiality of individual patient information, physician identifiers, and the proprietary information of hospitals. Only the data collected pursuant to the Health Care Planning and Oversight Committee recommendations, as provided in this section, may be collected, analyzed, and released to nongovernmental entities and individuals as directed by that committee. All other patient, physician, and hospital-specific information collected pursuant to subsection (A) of this section is confidential and must not be released to any nongovernmental entity or individual unless release is made of statistical information so that no individual patient, physician, or hospital can be identified, except that release must be made, no less than semi-annually, of the patient medical record information listed in Section 44-6-170(A)(10)(a)-(s) to submitting hospitals, and the information listed in Section 44-6-170(A)(10)(a)-(r) to the hospitals' designee. The information provided to any governmental agency as provided in this section must not be released pursuant to the Freedom of Information Act in the form in which it was provided to any other party. For purposes of this section, governmental agency does not include a governmental hospital. (C) Because accurate, comparable data on the costs and usage of health care services is not currently available in South Carolina, it is extremely difficult to make careful policy choices for future health care cost management strategies. Neither the public sector nor the private sector purchasers of health care have available sufficient data to enable them to make informed choices among health care providers in the market place. The lack of a uniform system for the collection and analysis of data, and the lack of full participation by providers, purchasers, and payors has led to inadequate and unusable data. In order to remedy this problem, it is necessary to create a uniform system for the collection, analysis, and distribution of health care cost data. The purposes of this data system are to ensure that data is available to make valid comparisons of prices among providers of services and to support ongoing analysis of the health care delivery system. Accordingly, after receiving comments and recommendations from health care providers, consumers, and governmental agencies, the Health Care Planning and Oversight Committee shall recommend to the Division: (1) the data elements to be collected and analyzed. These elements may include, but are not limited to, those already listed in subsection (A) of this section; (2) the format in which the data may be released to the public; and (3) the frequency with which the data should be collected and released on a routine basis. In addition to hospitals licensed by the Department of Health and Environmental Control, effective July 1, 1991, the provisions of this section apply to a hospital licensed in another state if the hospital does business in South Carolina. Information required by subsection (A)(1) through (9) of this section must be submitted for all patients. Information required by subsection (A)(7) of this section also must identify total patient days attributed to South Carolina residents. Information required by subsection (A)(10) of this section must be submitted only for residents of South Carolina. A hospital is considered to be doing business in this State if the hospital, or the firm, corporation, association, or partnership which owns or operates the hospital, either directly or through a subsidiary corporation, establishes a physical presence in this State by owning, leasing, subleasing, or by any other means arranges to provide space to engage in or transact activity for financial profit or gain."
Commission changed to department
SECTION 1054. Section 44-6-180 of the 1976 Code is amended to read:
"Section 44-6-180. (A) Patient records, received by counties, the department, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records and physician and hospital identifiers gathered pursuant to Section 44-6-170 are also confidential. This information collected pursuant to Section 44-6-170(A)(10)(a)-(s) must not be released to nongovernmental entities or individuals unless release is made of aggregate statistical information so that no individual patient, physician, or hospital can be identified, except as provided in Section 44-6-170(C). Nothing in this subsection may be construed as limiting access to information needed by any governmental agency as provided in Section 44-6-170(B) or by the submitting hospitals or their designee as provided in Section 44-6-170(B). (B) Any person violating the provisions of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
Commission changed to department; administrative law judge to hear appeals
SECTION 1055. Section 44-6-190 of the 1976 Code is amended to read:
"Section 44-6-190. The department may promulgate regulations pursuant to the Administrative Procedures Act. Appeals from decisions by the department are heard pursuant to the Administrative Procedures Act, Administrative Law Judge, Article 5, Chapter 23 of Title 1 of the 1976 Code. The department shall promulgate regulations to comply with federal requirements to limit the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the Medicaid program."
Commission changed to department
SECTION 1056. Section 44-6-220 of the 1976 Code is amended to read:
"Section 44-6-220. All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating: `Eligibility for Medicaid-sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity. It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The department may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid-sponsored long-term care services.'"
Commission changed to department
SECTION 1057. Section 44-6-300 of the 1976 Code is amended to read:
"Section 44-6-300. The Department of Health and Human Services shall establish child development services in the following counties: Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, Chesterfield, Fairfield, Jasper, Lexington, Newberry, and Orangeburg. The services established in each county must provide at least thirty slots for the children of that county."
Name changed
SECTION 1058. Section 44-6-310 of the 1976 Code is amended to read:
"Section 44-6-310. The Department of Health and Human Services shall expand existing child development services in the following counties: Beaufort, Charleston, Florence, Greenville, Hampton, and Richland. The services in each county must be expanded to provide at least twenty new slots but no more than sixty new slots for the children of each county."
Name changed
SECTION 1059. Section 44-6-320 of the 1976 Code is amended to read:
"Section 44-6-320. The establishment and expansion of the child development services mandated by Sections 44-6-300 and 44-6-310 must be accomplished within the limits of the appropriations provided by the General Assembly in the annual General Appropriations Act for this purpose and in accordance with the Department of Health and Human Services policies for child development services funded through Title XX."
Definition of "commission" deleted
SECTION 1060. Section 44-6-400 of the 1976 Code is amended to read:
"Section 44-6-400. As used in this article: (1) `Department' means the Department of Health and Environmental Control. (2) `Nursing home' means a facility subject to licensure as a nursing home by the department under Article 2, Chapter 7 of Title 44 which has been certified for participation in the Medicaid program, or which has been dually certified for participation in the Medicaid and Medicare programs. (3) `Ombudsman' means the State Ombudsman established under Chapter 38 of Title 43. (4) `Resident' means a person who resides or resided in a nursing home during a period of an alleged violation."
Name changed
SECTION 1061. Section 44-6-410 of the 1976 Code is amended to read:
"Section 44-6-410. The department shall notify the Department of Health and Human Services if it finds that a nursing home no longer meets a requirement for participation in the Medicaid program. The Department of Health and Human Services may take action authorized by this article against a nursing home it determines to be out of compliance with the requirements for participation in the Medicaid program. The action taken must be proportionate to the severity of the violation as set forth by regulations of the department of Health and Human Services."
Name changed
SECTION 1062. Section 44-6-420 of the 1976 Code is amended to read:
"Section 44-6-420. When the department of Health and Human Services is notified that a nursing home is in violation of one of the requirements for participation in the Medicaid program, it, based on the severity of the violation as set forth by regulation, may: (1) deny payment under the Medicaid program; (2) assess and collect monetary penalties set forth in Section 44-6-470; (3) appoint temporary management in accordance with the provisions of this article. The department of Health and Human Services may promulgate regulations to assure prompt compliance with the requirements for participation in the Medicaid program and shall monitor a nursing home that repeats violations."
Name changed
SECTION 1063. Section 44-6-430 of the 1976 Code is amended to read:
"Section 44-6-430. If a nursing home violates one of the requirements for participation in the Medicaid program, and the violation immediately jeopardizes the health or safety of the patients, the department of Health and Human Services may initiate an emergency action in a court of competent jurisdiction to appoint a receiver to correct the deficiencies and to temporarily manage the operations of the nursing home. The court may immediately appoint a receiver when affidavits, testimony, or other evidence presented by the Department of Health and Human Services show that the conditions immediately jeopardize the health or safety of the patients to the extent that emergency measures must be invoked. A copy of the affidavits and order must be served on the nursing home owner or his agent for service of process, must be sent to the State Ombudsman, and must be posted in a conspicuous place inside the nursing home not later than twenty-four hours after issuance of the order. A full hearing must be held not later than twenty days after the issuance of the order unless the owner consents to a later date."
Name changed
SECTION 1064. Section 44-6-440 of the 1976 Code is amended to read:
"Section 44-6-440. (A) The Department of Health and Human Services may find that there is a need for temporary management of a nursing home due to a violation of one of the requirements for participation in the Medicaid program, but the violation does not immediately jeopardize the health or safety of the patients. In this event, it shall file a complaint with the Circuit Court in the county where the nursing home is located and request appointment of a receiver pending the closure of the nursing home or while improvements are being made to correct the deficiencies. The complaint must specify the violations that warrant the appointment of a receiver, including, but not limited to: (1) facts showing that there exists in the nursing home one or more conditions in violation of the requirements for participation in the Medicaid program; and (2) evidence that these facts have been brought to the attention of the owner and administrator of the nursing home and that these persons have been unwilling or unable to remedy the condition within a reasonable period of time or that there have been repeated violations despite previous assurances or actions to remedy the condition. (B) The court shall hold a hearing not later than forty-five days after the date the complaint is filed. Notice of the hearing must be given to the State Ombudsman not less than five days before the hearing. Notice must be posted by the Department of Health and Human Services in a conspicuous place inside the nursing home for not less than five days before the hearing. (C) Upon a full evidentiary hearing, the court may: (1) appoint a receiver as authorized in this article; (2) allow the nursing home to remove or remedy the conditions in accordance with Section 44-6-460; (3) grant other relief as the court considers just and proper; or (4) dismiss the complaint."
Name changed
SECTION 1065. Section 44-6-460 of the 1976 Code is amended to read:
"Section 44-6-460. The owner or administrator of the nursing home may apply to the court for permission to correct the conditions specified in the complaint. If he demonstrates the ability to undertake promptly and completely the actions required, then the court, instead of appointing a receiver, may issue an order permitting him to take corrective action in accordance with a time schedule and subject to conditions. A bond must be posted in an amount set by the court as security for the performance of the corrective action. If it appears that the nursing home owner or administrator is not complying with the order, the Department of Health and Human Services may petition the court for a hearing to determine whether an order appointing a receiver should be issued immediately. Notice must be given to the parties to the proceeding. If, after a hearing, the court determines that the order is not being complied with, the court shall issue a final order appointing a receiver as authorized in this article. If the person has posted a bond to secure completion of actions ordered by the court, that bond may be forfeited and used by the receiver to complete corrective actions."
Name changed
SECTION 1066. Section 44-6-470 of the 1976 Code is amended to read:
"Section 44-6-470. A nursing home found to be in violation of one of the requirements for participation in the Medicaid program may be fined up to twenty-five hundred dollars a day by the Department of Health and Human Services. A nursing home that repeats violations may be fined up to five thousand dollars a day. All fines are assessed and collected with interest from the date of notification of the deficiencies until the date they are corrected. The amount of the fines must be proportionate to the severity of the violation as set forth by regulation of the Department of Health and Human Services. Funds collected by the Department of Health and Human Services as a result of the imposition of the fines must be used to protect the health and property of the patients in the affected nursing home, including the relocation of patients to other nursing homes. A receiver appointed by the court to temporarily manage an affected nursing home, may use the funds for the cost of relocating patients to other nursing homes, if necessary, and for maintenance of operation of the nursing home pending correction of the deficiencies. He may also reimburse patients for personal funds that may have been lost as a result of the violations."
Name changed
SECTION 1067. Section 44-6-500 of the 1976 Code is amended to read:
"Section 44-6-500. The Department of Health and Human Services, receiver, owner, or licensee may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied and that the nursing home has the management capability to ensure continued compliance with the requirements for participation in the Medicaid program. The court, following an inspection by the department, may review the Department of Health and Human Services's findings and terminate the receivership subject to terms it determines necessary or appropriate to prevent any condition in the complaint from recurring."
Name changed
SECTION 1068. Section 44-6-520 of the 1976 Code is amended to read:
"Section 44-6-520. No provision of this article limits the right of an owner to sell, lease, or mortgage any nursing home subject to receivership under this article upon the owner's presenting satisfactory evidence to the court that: (1) compliance with the applicable requirements of the Department of Health and Human Services has been achieved; or (2) the purchaser, lessee, or mortgagor has assumed the responsibility for achieving such compliance and has filed an acceptable plan of correction with the commission. Upon sale of the nursing home, the receivership must be terminated."
Name changed
SECTION 1069. Section 44-6-530 of the 1976 Code is amended to read:
"Section 44-6-530. Before instituting an action under this article, the Department of Health and Human Services shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction."
Obsolete language deleted
SECTION 1070. Section 44-9-20 of the 1976 Code is amended to read:
"Section 44-9-20. All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department of Mental Health. All records, files and other papers belonging to the South Carolina Mental Health Commission shall be continued as part of the records and files of the Department of Mental Health."
Removal of Mental Health Commission members
SECTION 1071. Section 44-9-30 of the 1976 Code is amended to read:
"Section 44-9-30. (A) (1) There is created the governing board for the State Department of Mental Health known as the South Carolina Mental Health Commission. The commission consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows: (a) one member from each of the six congressional districts; (b) one member from the State at large. (2) The Governor shall consider consumer and family representation when appointing members. (B) The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term. (C) The commission shall determine policies and promulgate regulations governing the operation of the department and the employment of professional and staff personnel. (D) The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions."
Commissioner changed to director
SECTION 1072. Section 44-9-40 of the 1976 Code is amended to read:
"Section 44-9-40. The Mental Health Commission shall appoint and remove a State Director of Mental Health, who is the chief executive of the State Department of Mental Health. Subject to the supervision and control of the Mental Health Commission, the state director shall administer the policies and regulations established by the commission. The director must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director must appoint and remove all other officers and employees of the Department of Mental Health, subject to the approval of the Mental Health Commission."
Commissioner changed to director
SECTION 1073. Section 44-9-50 of the 1976 Code is amended to read:
"Section 44-9-50. The Department of Mental Health may be divided into such divisions as may be authorized by the Director of Mental Health and approved by the commission. These divisions may be headed by deputy commissioners, but any deputy commissioner heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions shall be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions shall be a Division for Long-Term Care which shall have primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private."
Commissioner changed to director
SECTION 1074. Section 44-9-60 of the 1976 Code is amended to read:
"Section 44-9-60. The Director of the Department of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission. Each superintendent shall be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the Department of Mental Health shall be responsible for the employment of all personnel at the institution, subject to the approval of the director of the department. The director may serve as superintendent of one or more hospitals or other mental health facilities."
Commissioner changed to director
SECTION 1075. Section 44-9-160 of the 1976 Code is amended to read:
"Section 44-9-160. Wherever in the 1976 Code reference is made to the State Hospital, it shall mean a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean the superintendent or his designee; and wherever reference is made to the State Commissioner of Mental Health, it shall mean the State Director of the Department of Mental Health."
Removal of Community Mental Health Board members
SECTION 1076. Section 44-15-60 of the 1976 Code is amended to read:
"Section 44-15-60. Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department of Mental Health, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its share of the budget. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms."
Commissioner changed to director
SECTION 1077. Section 44-15-80(8) of the 1976 Code is amended to read:
"(8) Employ personnel, certified by the merit system as classified according to existing job classifications, including a State Director of Community Mental Health Services, to be under the supervision of the Director of the Department of Mental Health, to implement the provisions of this article."
Chapter changed to "South Carolina Mental Retardation, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act"; provisions and names revised
SECTION 1078. Chapter 20, Title 44 of the 1976 Code is amended to read:
"CHAPTER 20
South Carolina Mental Retardation, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act
Article 1
General Provisions
Section 44-20-10. This chapter may be cited as the `South Carolina Mental Retardation, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act'.
Section 44-20-20. The State of South Carolina recognizes that a person with mental retardation, a related disability, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with mental retardation, related disabilities, head injuries, or spinal cord injuries by providing services to enable them to participate as valued members of their communities to the maximum extent practical and to live with their families or in family settings in the community in the least restrictive environment available. When persons with mental retardation, related disabilities, head injuries, or spinal cord injuries cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical. In order to plan and coordinate state and locally funded services for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries, a statewide network of local boards of disabilities and special needs is established. Services will be delivered to clients in their homes or communities through these boards and other local providers. It is recognized that persons with mental retardation, related disabilities, head injuries, or spinal cord injuries have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities. South Carolina recognizes the value of preventing mental retardation, related disabilities, head injuries, and spinal cord injuries through education and research and supports efforts to this end. The State recognizes the importance of the role of parents and families in shaping services for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries as well as the importance of providing services to families to enable them to care for a family member with these disabilities. Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client.
Section 44-20-30. As used in this chapter: (1) `Applicant' means a person who is believed to have mental retardation, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs. (2) `Client' is a person who is determined by the Department of Disabilities and Special Needs to have mental retardation, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services. (3) `Commission' means the South Carolina Commission on Disabilities and Special Needs, the policy-making and governing body of the Department of Disabilities and Special Needs. (4) `County disabilities and special needs boards' means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and recognized by the department. (5) `Day programs' are programs provided to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department of Disabilities and Special Needs. (6) `Department' means the South Carolina Department of Disabilities and Special Needs. (7) `Director' means the South Carolina Director of the Department of Disabilities and Special Needs, the chief executive director appointed by the commission. (8) `High risk infant' means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that for the general population. (9) `Least restrictive environment' means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible. (10) `Improvements' means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the department directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment. (11) `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. (12) `Disabilities and special needs services' are activities designed to achieve the results specified in an individual client's plan. (13) `Obligations' means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the commission pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Budget and Control Board. (14) `Regional residential center' is a twenty-four hour residential facility serving a multi-county area and designated by the department. (15) `Related disability' is a severe, chronic condition found to be closely related to mental retardation or to require treatment similar to that required for persons with mental retardation and must meet the following conditions: (a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to mental retardation because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with mental retardation and requires treatment or services similar to those required for these persons. (b) It is manifested before twenty-two years of age. (c) It is likely to continue indefinitely. (d) It results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living. (16) `Residential programs' are services providing dwelling places to clients for an extended period of time with assistance for activities of daily living ranging from constant to intermittent supervision as required by the individual client's needs. (17) `Revenues' or `its revenues' means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients. (18) `State capital improvement bonds' means bonds issued pursuant to Act 1377 of 1968. (19) `State board' shall mean the State Budget and Control Board as constituted pursuant to Chapter 11, Title 1.
Article 3
Organization and System for Delivery of Services
Section 44-20-210. (A) There is created the South Carolina Commission on Disabilities and Special Needs. The commission consists of seven members. One member must be a resident of each congressional district and one must be from the State at large to be appointed by the Governor upon the advice and consent of the Senate. They shall serve for four years and until their successors are appointed and qualify. Members of the commission are subject to removal by the Governor pursuant to the provisions of Section 1-3-240. A vacancy may be filled by the Governor for the unexpired portion of the term. (B) On July 1, 1993 the Commission on Mental Retardation becomes the Commission on Disabilities and Special Needs. The commissioners continue to serve until their terms expire and their successors are appointed and qualify.
Section 44-20-220. The commission shall determine the policy and promulgate regulations governing the operation of the department and the employment of professional staff and personnel. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission shall appoint and in its discretion remove a South Carolina Director of Disabilities and Special Needs who is the chief executive officer of the department. The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its responsibilities. The commission may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. The commission is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to mental retardation, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the commission must consult with the advisory committee of the division for which the regulations shall apply.
Section 44-20-225. The Governor shall appoint a seven-member consumer advisory board with the advice and consent of the Senate for each of the following divisions: the Mental Retardation Division, the Autism Division, and the Head and Spinal Cord Injury Division. One member must be a resident of each congressional district, and one must be from the State at large. The membership of each advisory board must consist of persons with knowledge and expertise in the subject area of that division. In making such appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. Terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, two shall be appointed for a period of two years, two shall be appointed for a period of three years, and three shall be appointed for a period of four years.
Section 44-20-230. Subject to the supervision, direction, and control of the commission, the director shall administer the policies and regulations established by the commission. The director may appoint and in his discretion remove all other officers and employees of the department subject to the approval of the commission.
Section 44-20-240. There is created the South Carolina Department of Disabilities and Special Needs which has authority over all of the state's services and programs for the treatment and training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department must be comprised of a Mental Retardation Division, an Autism Division, and a Head and Spinal Cord Injuries Division. The department may be divided into additional divisions as may be determined by the director and approved and named by the commission. Responsibility for all autistic services is transferred from the Department of Mental Health to the Department of Disabilities and Special Needs.
Section 44-20-250. The department shall coordinate services and programs with other state and local agencies for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. The department may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental services. The department shall develop service standards for programs of the department and for programs for which the department may contract and shall review and evaluate these programs on a periodic basis.
Section 44-20-260. The department, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of mental retardation, related disabilities, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180.
Section 44-20-270. The department is designated as the state's mental retardation, related disabilities, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for mental retardation programs, related disability programs, head injury programs, and spinal cord injury programs. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control or to the South Carolina Department of Vocational Rehabilitation or the administration of the `State Hospital Construction and Franchising Act'.
Section 44-20-280. The department may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and may expend the grants under the terms and conditions of the award.
Section 44-20-290. The director or his designee may employ at regional centers security guards who are vested and charged with the powers and the duties of peace officers. They may arrest felons and misdemeanants, eject trespassers, and, without warrant, arrest persons for disorderly conduct who are trespassers on the grounds of the regional center and have them tried in a court of competent jurisdiction. Officers so employed must be bonded and under the direct supervision of the South Carolina Law Enforcement Division and shall report directly to the director or his designee.
Section 44-20-300. The department may acquire motor vehicle liability insurance for employees operating department vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44-20-310. The department may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44-20-320. The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with mental retardation, related disabilities, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department for services rendered. The commission may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department they must remain and be used for that program only or to its successor program.
Section 44-20-330. The department may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department for the construction of water, sewer, drainage, natural gas, telephone, telegraph, and electric power lines.
Section 44-20-340. (A) A person, hospital, or other organization may provide information, interviews, reports, statements, written memoranda, documents, or other data related to the condition and treatment of a client or applicant to the department, and no liability for damages or other relief arises against the person, hospital, or organization for providing the information or material. (B) All records pertaining to the identity of a person whose condition or treatment has been studied by the department are confidential and privileged information. However, upon the written request of the client, the client's or applicant's parent with legal custody, legal guardian, or spouse with the written permission of the client or applicant or under subpoena by a court of law, the department may furnish pertinent records in its possession to appropriate parties.
Section 44-20-350. (A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department or any other agency authorized by the department to offer services to clients is a just obligation of the person with mental retardation, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section. (B) The department or an agency authorized by the department to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the department's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the department initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The commission shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon its findings. (C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the department for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The department with the approval of the commission may determine for which services it charges. (D) The department shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the department information or evidence to be considered in establishing charges. The department may utilize legal procedures to collect lawful claims. (E) The department may establish by regulation charges for other services it renders.
Section 44-20-360. (A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent school districts in general. (B) The commission operates as the board of trustees for these districts for administrative purposes, including the receipt and expenditure of funds granted to these districts for any purpose.
Section 44-20-370. (A) The department shall: (1) notify applicants when they have qualified under the provisions of this chapter; (2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the department or through other fiscal resources under its control; (3) review service plans submitted by county boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds; (4) review county programs covered in this chapter; (5) offer consultation and direction to county boards; (6) take other action not inconsistent with the law to promote a high quality of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families. (B) The department shall seek to develop and utilize the most current and promising methods for the training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The department shall disseminate these methods to county boards and programs providing related services.
Section 44-20-375. (A) Before July 1, 1992, county boards of disabilities and special needs must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law and the process for appointing board members which existed on January 1, 1991, must be preserved in the ordinance. However, where the county legislative delegation or county council recommends board members to the appointing authority, the delegation may transfer its authority to recommend to the council or the council may transfer its authority to the delegation. If there is a transfer, preservation of the authority to recommend existing on January 1, 1991, is not required, and the new recommending authority must be contained in the ordinance. (B) County boards of disabilities and special needs established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A). (C) After June 30, 1992, the department shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with mental retardation, related disabilities, head injuries, spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A). (D) A county board of disabilities and special needs is a public entity.
Section 44-20-378. A county board of disabilities and special needs established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
Section 44-20-380. (A) County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families. (B) County boards may apply to the department for funds for community services development under the terms and conditions as may be prescribed by the department. The department shall review the applications and, subject to state appropriations to the department or to other funds under the department's control, may fund the programs it considers in the best interest of service delivery to the citizens of the State with mental retardation, related disabilities, head injuries, or spinal cord injuries. (C) Subject to the approval of the department, county boards may seek state or federal funds administered by state agencies other than the department, funds from local governments or from private sources, or funds available from agencies of the federal government. The county boards may not apply directly to the General Assembly for funding or receive funds directly from the General Assembly.
Section 44-20-385. Subject to the provisions of this chapter and the regulations of the department each county disabilities and special needs board: (1) is the administrative, planning, coordinating, and service delivery body for county disabilities and special needs services funded in whole or in part by state appropriations to the department or funded from other sources under the department's control. It is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real and mortgage property and erect and maintain buildings. The department shall approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State. However, the department has no responsibility for the debt so approved; (2) shall submit an annual plan and projected budget to the department for approval and consideration of funding; (3) shall review and evaluate on at least an annual basis the county disabilities and special needs services provided pursuant to this chapter and report its findings and recommendations to the department; (4) shall promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources; (5) shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county mental retardation, related disabilities, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department; (6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies; (7) shall provide the department records, reports, and access to its sponsored services and facilities the department may require and submit its sponsored services and facilities to licensing requirements of the department or to the licensing requirements of other state or local agencies having this legal authority; (8) shall represent the best interest of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations.
Section 44-20-390. (A) In order to provide assistance to families and individuals the department shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the department. If upon completion of the assessment the applicant is determined to have mental retardation, a related disability, head injury, or spinal cord injury and be in need of services, he may become a client of the department and eligible for services. A service plan must be designated for each person assessed. A person determined to have mental retardation, a related disability, head injury, or spinal cord injury and who chooses to become a client of the department, must be provided with the delivery or coordination of services by the department. A person determined not to have mental retardation, a related disability, head injury, or spinal cord injury may be provided by the department with referral and assistance in obtaining appropriate services or further evaluation. (B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The department shall determine the `least restrictive environment' and may contract with individuals or organizations for a reasonable sum as determined by the department to provide the services. The department shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The department shall develop standards prescribing the service plan review. (C) No individual believed to have mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the department until he has been examined at a diagnostic center of the department or a diagnostic center approved by the department and certified by the department on the basis of acceptable data to have mental retardation, a related disability, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's services. (D) The applicant shall meet residency requirements in at least one of the following categories: (1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina. (2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the department's satisfaction his intent to return to South Carolina. (3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.
Section 44-20-400. Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the department for evaluation and diagnosis and shall remain in the residential services of the department for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental policies as regular admissions. The department may prescribe the form of the written application for diagnostic services.
Section 44-20-410. A person who is determined to be eligible for services is subject to the following considerations regarding his order of admission to services and programs: (1) relative need of the person for special training, supervision, treatment, or care; (2) availability of services suitable to the needs of the applicant.
Section 44-20-420. The director or his designee may designate the service or program in which a client is placed. The appropriate services and programs must be determined by the evaluation and assessment of the needs, interests, and goals of the client.
Section 44-20-430. The director or his designee has the final authority over applicant eligibility, determination, or services and admission order, subject to policies adopted by the commission.
Section 44-20-440. Subject to the availability of suitable services and programs and subject to the provisions of `Requirement for Admission to Services', `Order in which Person May be Admitted', and `Final Authority over Eligibility', the director or his designee may admit a client to the services of the department upon the written request of the parents of the person with mental retardation, a related disability, head injury or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with mental retardation, a related disability, head injury, or spinal cord injury seeking to be admitted to the department's services if the person is twenty-one years of age or over and competent to make the decision. The department shall prescribe the form of the application for services.
Section 44-20-450. (A) Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department may be initiated by the filing of a verified petition with the Probate or the Family Court by the spouse, a relative, the parents, a parent with legal custody, or the legal guardian of the person, by the person in charge of a public or private institution in which the individual is residing at the time, or by the director of the county department of social services of the county in which the person resides. Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing. (B) The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have mental retardation or a related disability or at another place considered appropriate by the court. The person alleged to have mental retardation or a related disability does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have mental retardation or a related disability or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present. (C) A report of the person in charge of the examination of the person alleged to have mental retardation or a related disability at the diagnostic center referred to in `Requirement for Admission' must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced. (D) If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have mental retardation or a related disability to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition. (E) If the person is found by the court to have mental retardation or a related disability and be in need of placement in a facility or service program of the department, the court shall order that he be admitted to the jurisdiction of the department as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court. (F) The department shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with mental retardation or a related disability. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with mental retardation or a related disability to a program the department designates. (G) A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with mental retardation or a related disability must be placed in protective custody in either a facility of the department or in some other suitable place designated by the court. No person with mental retardation or a related disability must be confined in jail unless there is a criminal charge pending against him.
Section 44-20-460. (A) A person admitted or committed to the services of the department remains a client and is eligible for services until discharged. When the department determines that a client admitted to services is no longer in need of them, the director or his designee may discharge him. When the only basis of the department's provision of services to a client is that he is a person with mental retardation or a related disability and it is determined that he is no longer in that condition, the director or his designee shall discharge him as soon as practical. A client of the department who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the director or his designee may prescribe. (B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's services requests discharge in writing, the client may be detained by the department for no more than ninety-six hours. However, if the condition of the person is considered by the director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the Probate Court or Family Court of the county in which the facility where the person with mental retardation or a related disability resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with mental retardation or a related disability placed in protective custody in either a facility of the department or in some other suitable place designated by the court.
Section 44-20-470. (A) The department may return a nonresident person with mental retardation or a related disability admitted to a service or program in this State to the proper agency of the state of his residence. (B) The department is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with mental retardation or a related disability in this State or other states. (C) The department may detain a person with mental retardation or a related disability returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State. (D) The expense of returning persons with mental retardation or a related disability to other states must be paid by this State, and the expense of returning residents of this State with mental retardation or a related disability must be paid by the state making the return when interstate agreements to that effect have been negotiated.
Section 44-20-480. When the department determines that the welfare of a client would be facilitated by his placement out of the home, the client must be evaluated by the department, and the least restrictive level of care possible for the client must be recommended and provided when available. The department shall determine which levels of care are more restrictive and is responsible for providing a range of placements offering various levels of supervision. The department may pay an individual or organization furnishing residential alternatives to clients under this section a reasonable sum for services rendered, as determined by the department.
Section 44-20-490. (A) When the department determines that a client may benefit from being placed in an employment situation, the department shall regulate the terms and conditions of employment, shall supervise persons with mental retardation, a related disability, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served. (B) The department may operate sheltered employment and training programs at its various facilities and in communities and may pay clients employed in these settings from earnings of the program or from other funds available for this purpose. (C) Clients who receive job training and employment services from the department must be compensated in accordance with applicable state and federal laws and regulations.
Section 44-20-500. When a client is absent from a facility or program and there is probable cause the client may be in danger, the director or his designee may issue an order of confinement for the client. This order, when endorsed by the judge of the probate, family, or Circuit Court of the county in which the client is present or residing, authorizes a peace officer to take the client into custody for not more than twenty-four hours and to return him or cause him to be returned to the place designated by the director or his designee.
Section 44-20-510 .Placement of a person with mental retardation, a related disability, head injury, or spinal cord injury in a program of the department does not preclude his attendance in community-based public school classes when the individual qualifies for the classes.
Article 5
Licensure and Regulation of Facilities and Programs
Section 44-20-710. No day program in part or in full for the care, training, or treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department. For the purpose of this article `in part' means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article.
Section 44-20-720. The department shall establish minimum standards of operation and license programs provided for in `Facilities and Programs must be Licensed'.
Section 44-20-730. In determining whether a license may be issued the department shall consider if the program for which the license is applied conforms with the local and state service plans and if the proposed location conforms to use.
Section 44-20-740. No day program may accept a person who has mental retardation, a related disability, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department in a form and under conditions the department may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned.
Section 44-20-750. The department shall make day program inspections as it may prescribe by regulation. The day programs subject to this article may be visited and inspected by the director or his designees no less than annually and before the issuance of a license. Upon request, each program shall file with the department a copy of its bylaws, regulations, and rates of charges. The records of each licensed program are open to the inspection of the director or his designees.
Section 44-20-760. Information received by the department through licensing inspections or as otherwise authorized may be disclosed publicly upon written request to the department. The reports may not identify individuals receiving services from the department.
Section 44-20-770. The department shall deny, suspend, or revoke a license on any of the following grounds: (1) failure to establish or maintain proper standards of care and service as prescribed by the department; (2) conduct or practices detrimental to the health or safety of residents or employees of the day program. This item does not apply to healing practices authorized by law; (3) violation of the provisions of this article or regulations promulgated under it.
Section 44-20-780. (A) The department shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the department determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant. (B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with mental retardation, a related disability, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in `Injunctions; Penalties'.
Section 44-20-790. The procedures governing hearings authorized by `Notice of Deficiencies . . .' must be in accordance with regulations promulgated by the department. The director may appoint a review team, including consumers, to assist in the collection of information pertinent to the hearing.
Section 44-20-800. An applicant or licensee who is dissatisfied with the decision of the department as a result of the hearing provided for by `Procedures Governing Disciplinary Hearings . . .' may appeal to a South Carolina administrative law judge as provided in Article 5 of Chapter 23 of Title 1.
Section 44-20-900. (A) The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge. (B) A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and two thousand dollars for a subsequent offense. Each day the day program operates after a first conviction is considered a subsequent offense.
Section 44-20-1000. Licensing by the department must be done in conjunction with and not in place of licensing by an agency having responsibilities outside the department's jurisdiction. However, nothing in this section prevents the department from entering into cooperative agreements or contracts with an agency which has or may have licensing responsibilities in order to accomplish the licensing of programs.
Article 7
Capital Improvements for Mental Retardation
Section 44-20-1110. The department has authority for all of the state's disabilities and special needs services and programs.
Section 44-20-1120. The commission may raise monies for the construction of improvements under the terms and conditions of this article.
Section 44-20-1130. The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the commission may not exceed twenty million dollars.
Section 44-20-1140. If the commission determines that improvements are required for a residential regional center or community facility, it may make application for them to the State Budget and Control Board. The application must contain: (1) a description of the improvements sought and their estimated cost; (2) the number of paying clients receiving services from the department, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year; (3) the revenues derived from the paying clients during the preceding three fiscal years; (4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of monies to be made available to the commission for state capital improvement bonds; (5) a statement showing the debt service requirements of other outstanding obligations.
Section 44-20-1150. The State Budget and Control Board may approve, in whole or in part, or may modify an application received from the commission. If it finds that a need for the improvements sought by the commission exists, it may contract to make available to the commission funds to be realized from the sale of state capital improvements bonds if it finds that the revenues for the preceding fiscal year, if multiplied by the number of years, which may not exceed twenty, contemplated by the suggested or revised maturity schedule for the repayment of the monies to be made available to the commission, result in the production of a sum equal to not less than one hundred twenty-five percent of the aggregate principal and interest requirement of all outstanding obligations and all obligations to be incurred by the commission.
Section 44-20-1160. Upon receiving the approval of the State Budget and Control Board the commission shall obligate itself to apply all monies derived from its revenues to the payment of the principal and interest of its outstanding obligations and those to be issued and to deliver to the board its obligations.
Section 44-20-1170. (A) Following the execution and delivery of its obligations, the commission shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the commission under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds. (B) If the accumulation of revenues of the commission in the special fund exceeds the payment due or to become due during the then current fiscal year, and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Budget and Control Board may permit the commission to withdraw the excess and apply it to improvements that have received the approval of the board."
Definitions revised
SECTION 1079. Section 44-22-10(1) and (2) of the 1976 Code are amended to read:
"(1) Reserved. (2) `Director' means the Director of the Department of Mental Health."
Commission changed to department; name revised
SECTION 1080. Section 44-22-50(B) of the 1976 Code is amended to read:
"(B) Persons who operate facilities of the department shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The department and the Department of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient."
Commission changed to department; name revised
SECTION 1081. Section 44-22-100(A)(3) of the 1976 Code is amended to read:
"(3) disclosure is required for research conducted or authorized by the department or the Department of Alcohol and Other Drug Abuse Services and with the consent of the patient;"
Commissioner changed to director; name revised
SECTION 1082. Section 44-22-110(C) of the 1976 Code is amended to read:
"(C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal."
Definitions revised
SECTION 1083. Section 44-23-10(9) and (25) of the 1976 Code are amended to read:
"(9) `Director' means the Director of the Department of Mental Health; (25) `Mentally retarded person' means any person, other than a mentally ill person primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for his benefit, or that of the public, special training, education, supervision, treatment, care or control in his home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs;"
Department name revised
SECTION 1084. Section 44-23-210(2) and (3) of the 1976 Code are amended to read:
"(2) The superintendent of a state correctional institution applies to have a person serving a sentence transferred to the portion of a state correctional institution designated as a facility of the Department of Mental Health or of the Department of Disabilities and Special Needs. Such application shall be filed with the Probate Court of the county in which the correctional institution is located. Proceedings shall be commenced pursuant to Sections 44-17-510 through 44-17-610 or Section 44-21-90. (3) Prior to the expiration of a sentence of any person who is imprisoned in any portion of a state correctional institution designated as a facility of the Department of Mental Health or the Department of Disabilities and Special Needs, the superintendent of the correctional institution believes that such person is mentally ill and there is a likelihood of serious harm to himself or others if returned to society, he shall commence proceedings in the Probate Court of the county where the person was last sentenced, pursuant to Sections 44-17-510 through 44-17-610 or Section 44-21-90."
Department name revised
SECTION 1085. Section 44-23-220 of the 1976 Code is amended to read:
"Section 44-23-220. No person who is mentally ill or mentally retarded shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department of Mental Health or the Department of Disabilities and Special Needs or both, and if in their opinion admission to a mental health or retardation facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or retardation facility."
Department name revised; "related disability" included
SECTION 1086. Section 44-23-410 of the 1976 Code is amended to read:
"Section 44-23-410. Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall: (1) order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability; the examination must be made within fifteen days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or (2) order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is `not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does `not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity."
Commissioners changed to directors; department name revised
SECTION 1087. Section 44-25-30 of the 1976 Code is amended to read:
"Section 44-25-30. Pursuant to the compact, the State Directors of the Departments of Mental Health and Disabilities and Special Needs shall be the compact administrators for the mentally ill and the mentally retarded, or those with a related disability, respectively, and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrators shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement or agreements entered into by this State and thereunder."
Department name revised; commissioner changed to director
SECTION 1088. Section 44-26-10 (2), (4), and (6) of the 1976 Code are amended to read:
"(2) `Client' means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have mental retardation or a related disability and is receiving services or is an infant at risk of having mental retardation or a related disability and is receiving services. (4) `Director' means the South Carolina Director of Disabilities and Special Needs. (6) `Department' means the South Carolina Department of Disabilities and Special Needs."
Commissioner changed to director
SECTION 1089. Section 44-26-70 of the 1976 Code is amended to read:
"Section 44-26-70. (A) Human rights committees must be established for each regional center and for each county/multi-county program to: (1) review and advise the regional center or the county/multi-county board on the policies pertaining to clients' rights policies; (2) hear and make recommendations to the regional center or county/multi-county board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260; (3) review and advise the regional center or county/multi-county board on program plans for behavior management which may restrict personal freedoms or rights of clients; (4) advise the regional center or county/multi-county board on plans for behavior support which may restrict personal freedoms or rights of clients; (5) advise the regional center or county/multi-county board on other matters as requested pertaining to the rights of clients. (B) Human rights committees must be appointed by the director or his designee. Each committee consists of not less than the following five persons, except employees or former employees of the regional center or county/multi-county board must not be appointed: (1) a family member of a person with mental retardation or a related disability; (2) a client of the department, if appropriate; (3) a representative of the community at large with expertise or a demonstrated interest in the care and treatment of persons with mental retardation or related disabilities. (C) The department shall establish policy and procedures for the operations of the committees. (D) Members of the committees serve in an advisory capacity only and are exempt from liability."
Commissioner changed to director
SECTION 1090. Section 44-26-80 of the 1976 Code is amended to read:
"Section 44-26-80. A client or his representative has the right to appeal decisions concerning the services or treatment provided by the department, county/multi-county board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The department shall establish policies and procedures for the review of grievances and the appeal of decisions. The director has final authority."
Commissioner changed to director
SECTION 1091. Section 44-26-120 of the 1976 Code is amended to read:
"Section 44-26-120. (A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing. (B) A client or his representative may be refused access to information in the medical and habilitative records if: (1) provided by a third party under assurance that the information remains confidential; (2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information. (C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department director. The director of the residential program shall notify the client or his representative of the right to appeal. (D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record."
Commissioner changed to director
SECTION 1092. Section 44-26-170 of the 1976 Code is amended to read:
"Section 44-26-170. (A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of: (1) prior written approval for the technique by the director; (2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client's record; (3) documentation of less restrictive methods that have failed must be entered into the client's record. (B) Seclusion must not be used on mentally retarded clients. (C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping. (D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness."
Department name revised
SECTION 1093. Section 44-28-20 of the 1976 Code is amended to read:
"Section 44-28-20. For the purpose of this chapter `a self-sufficiency trust' means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation."
Department name revised
SECTION 1094. Section 44-28-40 of the 1976 Code is amended to read:
"Section 44-28-40. (A) The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation must provide care or treatment for a beneficiary from monies available from the beneficiary's account maintained in the Self-Sufficiency Trust Fund. (B) Upon proper certification by the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section."
Department name revised
SECTION 1095. Section 44-28-60 of the 1976 Code is amended to read:
"Section 44-28-60. If the State Treasurer after consultation with the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund."
Department name revised
SECTION 1096. Section 44-28-80 of the 1976 Code is amended to read:
"Section 44-28-80. The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Self-Sufficiency Trust Fund."
Department name revised
SECTION 1097. Section 44-28-360 of the 1976 Code is amended to read:
"Section 44-28-360. The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria."
Department name revised
SECTION 1098. Section 44-28-370 of the 1976 Code is amended to read:
"Section 44-28-370. The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Department of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund."
Commissioner changed to director
SECTION 1099. Section 44-29-210 of the 1976 Code is amended to read:
"Section 44-29-210. (a) Whenever the Board of the Department of Health and Environmental Control or the Director of the Department of Health and Environmental Control approves in writing a mass immunization project to be administered in any part of this State in cooperation with an official or volunteer medical or health agency, any authorized employee of the agency, any physician who does not receive compensation for his services in the project, and any registered nurse who participates in the project, except as provided in subsection (b), is not liable to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine administered in the project by the employee, physician, or nurse. Neither the board nor the director may approve the project unless either finds that the project conforms to good medical and public health practice. For purposes of this section, a person is considered to be an authorized employee of an official or volunteer medical or health agency if he has received the necessary training for and approval of the Director of the Bureau of Preventive Health Services of the department for participation in the project. (b) Nothing in this section exempts any physician, registered nurse, or authorized public health employee participating in any mass immunization project from liability for gross negligence nor do the provisions of this section exempt any drug manufacturer from any liability for any drug or vaccine used in the project."
Commissioner changed to director
SECTION 1100. Section 44-30-10 and 44-30-20 of the 1976 Code are amended to read:
"Section 44-30-10. This chapter may be cited as the `South Carolina Health Care Professional Compliance Act'.
Section 44-30-20. As used in this chapter: (1) `CDC' means the Centers for Disease Control of the Public Health Service. (2) `CDC recommendations' means the July 12, 1991, CDC document (MMWR, Volume 40, No. RR-8) entitled `Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures' or equivalent guidelines developed by the department and approved by the CDC and any appropriate supplements or revisions thereto. (3) `Department' means the South Carolina Department of Health and Environmental Control. (4) `Educational institutions' means the health professional schools of dentistry, medicine, and nursing and any other educational program or institution providing training for health care professionals. (5) `Expert review panel' means a panel of experts in composition and function as defined in the CDC recommendations and appointed or approved by the department. (6) `Health care professional' means a physician, physician's assistant, dentist, dental hygienist, registered nurse, licensed practical nurse, or podiatrist practicing or licensed to practice in South Carolina. (7) `Licensing board' means these health professional licensing boards which are state agencies and which license and regulate specific health care professions: the State Board of Medical Examiners, the State Board of Nursing for South Carolina, the South Carolina State Board of Dentistry, and the State Board of Podiatry Examiners. (8) `Public law' means Public Law 102-141, Section 633, enacted October 28, 1991, applicable to health care professionals. (9) `State public health official' means the director of the department or the director's designee."
Commissioner changed to director; department name revised
SECTION 1101. Section 44-36-20 of the 1976 Code is amended to read:
"Section 44-36-20. The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, the Directors of the Department of Mental Health and the Department of Disabilities and Special Needs or their designees and one representative of each of the following groups: practicing physicians treating patients with Alzheimer's disease and related disorders, clinical psychologists evaluating and treating patients with Alzheimer's disease and related disorders, neuropathologists, researchers engaged in clinical investigations related to dementias, basic science researchers engaged in studies related to dementias, nursing home administrators, the Medical University of South Carolina, and the University of South Carolina Medical School. The advisory committee shall assist the School of Public Health in developing protocols, choosing necessary psychometric validation instruments, and other technical mechanisms."
Head and Spinal Cord Injury Division established; commissioners changed to directors; department names revised
SECTION 1102. Section 44-38-30 of the 1976 Code is amended to read:
"Section 44-38-30. (A) There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system which shall be under the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Director of the State Department of Mental Health, the Commissioner of the Department of Vocational Rehabilitation, the Director of the State Department of Disabilities and Special Needs, the Director of the South Carolina Department of Health and Environmental Control, the Director of the South Carolina Department of Health and Human Services, Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector. (B) Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council."
Provisions revised for the Head and Spinal Cord Injury Service Delivery System; appropriate departments and directors revised
SECTION 1103. Chapter 38, Title 44 of the 1976 Code, as last amended by Act 159 of 1993, is further amended to read:
"Article 3
Head and Spinal Cord Injury Service Delivery System
Section 44-38-310. There is established within the Department of Disabilities and Special Needs the South Carolina Head and Spinal Cord Injury Service Delivery System. The system shall operate as a division of the department to be known as the Head and Spinal Cord Injury Division. The department must develop, coordinate, and enhance the delivery of services to persons with head and spinal cord injuries. The department must coordinate case management services provided pursuant to this article with the Department of Vocational Rehabilitation. Services provided pursuant to this article supplement and do not supplant existing services or the development of new services.
Section 44-38-320. As used in this article: (1) `System' means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article; (2) `State plan' means the plan developed by the State Department of Disabilities and Special Needs pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries. (3) `Department' means the Department of Disabilities and Special Needs.
Section 44-38-330. The primary functions of the system are planning, intake and referral, case management, and education and prevention. The department is responsible for these functions.
Section 44-38-340. The department shall: (1) develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan; (2) receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population; (3) identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery; (4) develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies; (5) in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan; (6) seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan; (7) evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community; (8) promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation; (9) promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries. (10) serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources; (11) determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct an assessment of services needed, and provide appropriate case management based on an individualized treatment plan designed to meet the specific needs of the person; (12) develop policies and procedures to be used by the case managers to ensure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy; (13) develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries; (14) coordinate the delivery of services and ensure that services are appropriate and delivered in a timely manner; (15) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity.
Section 44-38-370. A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that: (1) is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging; (2) is likely to continue indefinitely without intervention; (3) results in substantial functional limitations in at least two of these life activities: (a) self-care; (b) receptive and expressive communication; (c) learning; (d) mobility; (e) self-direction; (f) capacity for independent living; (g) economic self-sufficiency; and (4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
Section 44-38-380. (A) There is created an Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System composed of: (1) the following members or a designee, who shall serve ex officio: (a) Chairperson for the Joint Legislative Committee for the Disabled; (b) Director of the State Department of Disabilities and Special Needs; (c) Commissioner of the State Agency for Vocational Rehabilitation; (d) Director of the University Affiliated Program of the University of South Carolina; (e) Director of the South Carolina Developmental Disabilities Council; (f) Director of Special Education of the State Department of Education; (g) Director of the Interagency Office of Disability Prevention; (h) Director of the Continuum of Care for Emotionally Disturbed Children Division of the Governor's Office; (i) Executive Director of the South Carolina Health and Human Services Finance Commission; (j) Director of the State Department of Mental Health; (k) Commissioner of the South Carolina Department of Health and Environmental Control; (l) Commissioner of the South Carolina Commission for the Blind; (2) the following members or a designee: (a) President of the South Carolina Head Injury Association; (b) President of the South Carolina Association of Independent Head Injury Groups; (c) President of the South Carolina Spinal Cord Injury Association; (d) Director of the South Carolina Disabilities Research Commission; (3) the following members to be appointed by the Governor for four-year terms and until their successors are appointed and qualified: (a) three health care providers knowledgeable in head injuries and spinal cord injuries; (b) three consumers of case management services or family members or legal guardians of consumers of case management services. (c) of those members first appointed, two of the health care providers and two of the consumers or family members of consumers shall serve four-year terms and one health care provider and one consumer or family member of a consumer shall serve two-year terms. (B) The Governor, with recommendation from the Chairperson of the Joint Legislative Committee for the Disabled, shall appoint a primary or secondary consumer of services of the system as chairperson of the council for a two-year term; no person may serve more than one term as chairperson. (C) Members of the Advisory Council shall serve at no expense to the State. (D) The Advisory Council shall work with the State Department of Disabilities and Special Needs and the State Agency of Vocational Rehabilitation in carrying out their responsibilities under this article. In working with these agencies the council shall, but is not limited to: (1) provide oversight for the implementation of the state plan and operation of the system; (2) review budget matters related to the system and the responsibilities of the agencies within the system; (3) monitor effectiveness of the state plan.
Section 44-38-390. Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit."
Department of Veterans Affairs made division of the Governor's Office
SECTION 1104. Section 44-40-30 of the 1976 Code is amended to read:
"Section 44-40-30. There is created the South Carolina Agent Orange Advisory Council to assist and advise the South Carolina Department of Health and Environmental Control in its duties and functions as provided in this chapter and to assist and advise the Veterans Affairs Division of the Governor's Office in its duties and functions as provided in Section 25-11-70. The council is composed of five voting members and five nonvoting ex officio members. The voting members must be veterans who served in Vietnam, Cambodia, Laos, or Thailand. Voting members are appointed by the Governor for terms of four years and until their successors are appointed and qualify. The Governor shall designate a chairman who shall serve for a term of two years. Vacancies on the council are filled by appointment in the same manner as the original appointment for the remainder of the unexpired term. Voting members of the council are paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. The following shall serve as ex officio members without voting rights: (1) the Director of the Department of Health and Environmental Control; (2) the Director of Veterans Affairs' Division or his designee; (3) one faculty member of the Medical University of South Carolina with expertise in a field relevant to the purpose of the council; (4) one faculty member of the University of South Carolina with expertise in a field relevant to the purpose of the council."
Department name changed
SECTION 1105. Section 44-43-30 of the 1976 Code is amended to read:
"Section 44-43-30. Whenever any person applies for the issuance, reissuance or renewal of any class of driver's license, the Department of Revenue and Taxation is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of such act. If any such person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses."
Department name changed
SECTION 1106. Section 44-43-50 of the 1976 Code is amended to read:
"Section 44-43-50. The Department of Public Safety, its officers, and employees are immune from any civil liability for any acts or omissions in carrying out the provisions of Section 44-43-40."
Department name changed
SECTION 1107. Section 44-43-70(B) of the 1976 Code, as added by Act 505, Section 1 of 1992, is amended to read:
"(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina in conjunction with the Department of Revenue and Taxation shall make educational materials available at all places where drivers' licenses are issued or renewed."
Commission on Alcohol and Drug Abuse changed to Department of Alcohol and other Drug Abuse Services
SECTION 1108. Chapter 49, Title 44 of the 1976 Code is amended to read:
"CHAPTER 49
Department of Alcohol and Other Drug Abuse Services
Section 44-49-10. (A) There is established the Department of Alcohol and Other Drug Abuse Services. The department shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse and shall have full authority for formulating, coordinating and administering the state plans for controlling narcotics and controlled substances and alcohol abuse. (B) All functions, powers, and duties of the commissioner of the narcotics and controlled substances section of the State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division. (C) All rules and regulations promulgated by the commissioner of narcotics and controlled substances shall remain in effect until changed by the department. (D) The department is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature for this purpose to each of the agencies designated under Section 61-5-320(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-5-320(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-5-320(b). (E) The department is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-5-320(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department to agencies designated under Section 61-5-320(a).
Section 44-49-20. The Department of Alcohol and Other Drug Abuse Services shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
Section 44-49-40. (A) The department shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances. (B) Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such department, may be relied upon and acted upon by the department in conformance with its administration and coordinating duties under this Chapter and Article 3 of Chapter 53. (C) The department shall: (1) Plan, coordinate and cooperate in educational programs for schools, communities and general public designed to prevent and deter misuse and abuse of controlled substances; (2) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (3) Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (4) Consult with interested groups and organizations to aid them in solving administrative and organizational problems; (5) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (6) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; (7) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances; (8) Encourage research on misuse and abuse of controlled substances; (9) Cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse; (10) Cooperate in making studies and in undertaking programs of research to (a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40 and 44-49-50 and Article 3 of Chapter 53; (b) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and (c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances. (D) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances. (E) The department may enter into contracts for educational and research activities without performance bonds. (F) The department is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department. The department is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.
Section 44-49-50. It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.
Section 44-49-60. The department shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem. In carrying out the provisions of this section the department and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department of Mental Health, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.
Section 44-49-70. The department shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.
Section 44-49-80. The department shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Alcohol and Other Drug Abuse Services from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct."
Commissioner changed to director
SECTION 1109. Section 44-52-10(4) of the 1976 Code is amended to read:
"(4) `Treatment facility' means any facility licensed or approved by the Department of Health and Environmental Control equipped to provide for the care and treatment of chemically dependent persons including the Division of Alcohol and Drug Addiction Services of the South Carolina Department of Mental Health, and any other treatment facility approved by the Director of the Department of Mental Health."
Commissioner changed to director
SECTION 1110. Section 44-53-620(a) of the 1976 Code is amended to read:
"(a) `Director' means the Director of the Department of Health and Environmental Control;"
Commissioner changed to director
SECTION 1111. Section 44-53-630 of the 1976 Code is amended to read:
"Section 44-53-630. (A) There is established in the Department of Health and Environmental Control a controlled substances therapeutic research program. The program shall be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health. (B) Except as provided in subsection (c) of Section 44-53-640, the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects."
Commissioner changed to Director; board responsibilities changed to department
SECTION 1112. Section 44-53-640 of the 1976 Code is amended to read:
"Section 44-53-640. (a) The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be comprised of: (1) a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology; (2) a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology; (3) a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and (4) a pharmacologist holding a Doctoral degree or its equivalent. Members of the board shall be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees. (b) The department shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners and certify their participation in the program. (c) The department, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department and after necessary approval is received by the appropriate federal agencies."
Commissioner changed to director
SECTION 1113. Section 44-53-650 of the 1976 Code is amended to read:
"Section 44-53-650. (a) The director shall obtain marijuana through whatever means he deems most appropriate consistent with federal law. (b) The director shall cause such analyzed marijuana to be transferred to various locations throughout the State that provide adequate security as set forth in federal and state regulations for the purpose of distributing such marijuana to the certified patient in such manner as is consistent with federal law. The patient shall not be required to pay for such marijuana but the director may charge for ancillary medical services provided by the department to compensate the department for the cost, if any, of securing such marijuana, and providing it to the patient."
Commissioner changed to director
SECTION 1114. Section 44-53-660 of the 1976 Code is amended to read:
"Section 44-53-660. The director shall annually report to the General Assembly his opinion as to the effectiveness of this program and his recommendations for any changes thereto."
Department name changed
SECTION 1115. Section 44-53-710 of the 1976 Code is amended to read:
"Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."
Department name changed
SECTION 1116. Section 44-53-740 of the 1976 Code is amended to read:
"Section 44-53-740. The Board of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."
Commissioner changed to director
SECTION 1117. Section 44-53-1320 of the 1976 Code is amended to read:
"Section 44-53-1320. As used in this article, unless the context requires otherwise: (a) `Department' means the Department of Health and Environmental Control. (b) `Dwelling' means a structure, all or part of which is designed or used for human habitation, including any outbuilding, fencing or other structure used in conjunction therewith. (c) `Dwelling unit' means any room, group of rooms or other areas of a dwelling. (d) `Exposed surface' means any interior surface of a dwelling, dwelling unit or child care facility and those exterior surfaces of such structures which are chewable by or readily accessible to children six years of age or younger, such as stairs, porches, railings, windows, doors and siding from ground level to a vertical distance of at least five feet, including those interior or exterior surfaces where peeling or chipping paint or other similar surface-coating material occurs or is likely to occur. (e) `Householder' means the occupant of a dwelling or dwelling unit or his representative, the owner of an unoccupied dwelling unit or his representative or the owner of a day care facility or his representative. (f) `Lead base substance' means any paint, lacquer, glaze or other similar surface-coating material and putty or plaster containing more than six hundredths of one percent lead by weight, calculated as lead metal in the total nonvolatile content or in the dried paint film or seven-tenths or more milligrams per square centimeter of lead in the dried film of paint already applied as measured by in situ analyzer device. (g) `Person' means any individual, firm, corporation, association, trust or partnership. (h) `Sale' or `sell' means transfer or delivery for a consideration, barter, exchange or gift or offer therefor. (i) `Toys' means all articles intended for use by infants or children as playthings. (j) `Lead poisoning' means a blood lead level at an elevation hazardous to health as established by the director. (k) `Director' means the Director of the Department of Health and Environmental Control. (l) `Child care facility' means a structure or portion thereof in which children under six years of age are present on a regular basis, including any structure used primarily as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children including any outbuilding, fencing or other structure used in conjunction therewith."
Commissioner changed to director
SECTION 1118. Section 44-53-1340 of the 1976 Code is amended to read:
"Section 44-53-1340. No person shall sell, offer for sale, deliver, give away or possess with intent to sell, deliver or give away any of the following: (a) Toys, furniture, cooking, drinking or eating utensils if the exterior finish contains a lead base substance. (b) Fixtures or other objects intended to be used, installed or located in or upon any exposed surface of a dwelling, dwelling unit or child care facility if the exterior finish contains a lead base substance. (c) Any lead base substance for use on any exposed surface of any dwelling, dwelling unit or child care facility. The director by regulation may exempt from the provisions of this item lead based paints that are not intended or suitable for use on or within residential premises which are not advertised or labeled as intended or suitable for such uses and which are not sold to the general public on a retail basis if he finds that the sale or use of such paints will not result in the exposure of children younger than six years of age to the paints and will not result in an additional danger to life or health for such children or for the general public. Also by regulation, he may exempt from the provisions of this item lead based ceramic glazes or the raw lead and raw lead compounds utilized in the home manufacturing of glazes on such terms as he finds will not result in additional danger to life or health. The provisions of this section shall not apply to the sale of products which conform to the standards for the sale of lead base paint products under federal law."
Commissioner changed to director
SECTION 1119. Section 44-53-1360 of the 1976 Code is amended to read:
"Section 44-53-1360. The director shall establish a program for early diagnosis of cases of lead poisoning. The program shall provide for systematic examination for lead poisoning of all children at risk under six years of age residing within the State. Examinations shall be made by such means and at such intervals as the director shall determine to be medically necessary and proper. The program, to the extent that all children residing within the State are not systematically examined, shall give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found. When the department is informed of a case of lead poisoning pursuant to Section 44-53-1380 or otherwise, the director or his representative shall cause to have examined within thirty days all other children under six years of age, and such other children as he may find advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim unless the parents or guardian of the child objects to the examination because it conflicts with his religious beliefs or practices. The department shall maintain comprehensive records of all examinations conducted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of the persons examined shall not be included. A summary of the results of all examination conducted pursuant to this section shall be released yearly to all interested parties or more frequently if the director so determines. All cases or probable cases of lead poisoning, as defined by regulation of the director, found in the course of examinations conducted pursuant to this section shall be reported immediately to the affected person, to his parent or legal guardian if he is a minor, and to the director. The director or his representative shall inform such persons or agencies as he deems advisable of the existence of such case or probable case. The name of any person contracting lead poisoning shall not be included unless the director determines that the inclusion is necessary to protect his health and well-being."
Commissioner changed to director
SECTION 1120. Section 44-53-1380 of the 1976 Code is amended to read:
"Section 44-53-1380. Whenever any physician, hospital, public health nurse or other diagnosing person or agency knows or has reason to believe that any person he examines or treats has or is suspected of having lead poisoning, such person shall within seven days give notice thereof to the department. The department shall specify the procedure to be followed in making the reports and shall provide the necessary forms. When the reports are received, the department shall, by laboratory work and otherwise, assist the attending physician or other person in determining whether the case is one of lead poisoning and, if so, the source of the poison. The director shall maintain comprehensive records of all reports submitted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of any person contracting lead poisoning shall not be included."
Commissioner changed to director
SECTION 1121. Section 44-53-1390 of the 1976 Code is amended to read:
"Section 44-53-1390. When the department is informed of a case of lead poisoning pursuant to Sections 44-53-1360 and 44-53-1380, or otherwise, any authorized representative of the department upon presentation of the appropriate credentials to the householder and with the consent of the householder or his agent may enter and inspect a private dwelling or child care facility at reasonable times and in a reasonable manner for the purpose of ascertaining the presence of lead base substances and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the inspector shall obtain an inspection warrant before he can inspect the premises. Upon the request of any occupant, the director or his representative shall cause to have the occupant's premises inspected within a reasonable time, not to exceed ten days, unless systematic inspection of the areas in which the person requesting the inspection resides is scheduled within thirty days, in which case the inspection may be deferred up to twenty additional days."
Commissioner changed to director
SECTION 1122. Item (c) of the first paragraph of Section 44-53-1430 of the 1976 Code is amended to read:
"(c) The department shall give notice of the existence of the substances to the owner or managing agent and order that the lead base substance on the exposed surface be removed, replaced or securely and permanently covered within thirty days of receipt of notice. If, at the discretion of the director, the condition cannot be corrected within thirty days, an extension of reasonable time may be granted."
Commissioner changed to director
SECTION 1123. Section 44-53-1440 of the 1976 Code is amended to read:
"Section 44-53-1440. No person shall knowingly rent a dwelling or dwelling unit to be occupied by children under six years of age which has been posted and ordered cleared of harmful lead base substances in accordance with Section 44-53-1430. If the presence of lead base paint or other surface-coating materials is unsuspected and becomes known when the dwelling or dwelling unit is already rented to a family with children under six years of age, the family of the children shall not be evicted for that reason unless a court order is issued pursuant to Section 44-53-1470(2). The owner and occupant of the dwelling or dwelling unit shall be given written notice by the director or his representative advising of the existence of such substances in the dwelling or dwelling unit and ordering that within thirty days such lead base substances be removed, replaced or securely and permanently covered."
Commissioner changed to director
SECTION 1124. Section 44-53-1450 of the 1976 Code is amended to read:
"Section 44-53-1450. The director may adopt such regulations as may be necessary to carry out the intent and provisions of this article; provided, however, that the promulgation of any regulation which is contrary to or inconsistent with federal law shall be null and void."
Commissioner changed to director
SECTION 1125. Section 44-53-1470 of the 1976 Code is amended to read:
"Section 44-53-1470. If the owner of any residential property or child care facility who is notified pursuant to this article of a dangerous level of lead in paint or other surface-coating material present upon his premises refuses or does not satisfactorily correct or remove such dangerous conditions within the time specified by Section 44-53-1430, the director or his representative may: (1) Cause such building, structure or portion thereof to be made safe. For the purpose of removing the public health hazard, the director or his representative may immediately enter the structure or go upon the land on which it stands and with such assistance and at such cost as he deems necessary remove the nuisance. Cost incurred, if not paid by the property owner or agent, shall be borne by the State Budget and Control Board which shall acquire a lien on the property to the amount of such costs, which shall be recorded in the office of the clerk of court or register of mesne conveyances in the county where the property is situated and the lien shall be enforceable as a tax lien, junior in priority to any other prior recorded lien or mortgage on the property. (2) Upon request, and with the consent of the owner or his representative, obtain an order from a court of competent jurisdiction that the structure be declared unfit for human habitation and shall not be leased, rented or otherwise occupied as a residence or child care facility until such time as the lead poisoning conditions are abated."
Commissioner changed to director
SECTION 1126. Section 44-55-20(b) of the 1976 Code is amended to read:
"(b) `Director' means the duly constituted director of the department or his authorized agent."
Commissioner changed to director
SECTION 1127. Section 44-55-40(j) of the 1976 Code is amended to read:
"(j) The Director of the Department of Health and Environmental Control shall classify all public water supplies giving due regard to the size, type, complexity, physical condition, source of supply and treatment process employed by such public water supply and the skill, knowledge and experience necessary for the operation of such supplies. The classification shall be based on the following groups: Group I. All community water supplies which serve less than fifty taps and do not treat the water; all community water supplies which purchase all potable water from another public water supply and do not chemically treat the water; and all noncommunity water supplies which do not treat the water. Group II. All community water supplies which serve fifty or more taps, obtain their water from wells or springs, and do not chemically treat the water. Group III. All public water supplies that treat water by simple addition of a chemical for the purpose of pH adjustment or disinfection, or which control taste and color by carbon absorption. Group IV. All public water supplies employing conventional treatment techniques in the treatment of surface or ground water. Group V. All public water supplies employing advanced treatment techniques, such as reverse osmosis or activated carbon filtration, or all water systems which serve a total population in excess of two hundred thousand."
Regulations to be developed with Water Resources Commission deleted
SECTION 1128. Section 44-55-40(m) of the 1976 Code is amended to read:
"(m) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, shall be authorized to promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq., Sections 48-43-10 et seq., oil and gas production, or the Water Use Reporting Act. For such excepted wells, the board is authorized to adopt regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers or well contractors who desire such training."
Commissioner changed to director; department name changed
SECTION 1129. Section 44-55-45 of the 1976 Code is amended to read:
"Section 44-55-45. An advisory committee to the board shall be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee shall be composed of eight members appointed by the board. Five members shall be active well contractors, one member shall be a registered professional engineer with experience in well design and construction, one member shall be a consulting hydrogeologist with experience in well design and construction, and one member shall be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom shall be an employee of the Department of Health and Environmental Control, and appointed by the Director thereof, two of whom shall be employees of the South Carolina Department of Natural Resources and appointed by the Director thereof. The term of office of members of the Advisory Committee shall be for four years and until their successors are appointed and qualify with a maximum of two consecutive terms. The initial terms of office shall be staggered and any member may be removed for cause after proper notification and an opportunity to be heard."
Commissioner changed to director
SECTION 1130. Section 44-55-60 of the 1976 Code is amended to read:
"Section 44-55-60. (a) An imminent hazard shall be considered to exist when in the judgment of the director there is a condition which may result in a serious immediate risk to public health in a public water supply. (b) In order to eliminate an imminent hazard, the director may, without notice or hearing, issue an emergency order requiring the water supplier to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order shall be served by certified mail or other appropriate means. An emergency order issued by the director shall be effected immediately and binding until such order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction."
Commissioner changed to director
SECTION 1131. Section 44-55-2320(2) of the 1976 Code is amended to read:
"(2) `Director' means the director of the department or his authorized agent."
Commissioner changed to director
SECTION 1132. Section 44-55-2360 of the 1976 Code is amended to read:
"Section 44-55-2360. It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department including a permit or order issued by the board, director or department."
Commissioner changed to director
SECTION 1133. Section 44-56-20 of the 1976 Code is amended to read:
"Section 44-56-20. Definitions as used in this chapter: (1) `Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act. (2) `Director' means the director of the department or his authorized agent. (3) `Department' means the Department of Health and Environmental Control, including personnel thereof authorized by the board to act on behalf of the department or board. (4) `Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (5) `Generation' means the act or process of producing waste materials. (6) `Hazardous waste' means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department: a. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or concentrated in tissue, or which generate pressure through decomposition, heat, or other means. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954. (7) `Hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. (8) `Manifest' means the form used for identifying the quantity, composition, or origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. (9) `Permit' means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes. (10) `Storage' means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes. (11) `Transport' means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal. (12) `Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal. (13) `Uncontrolled hazardous waste site' means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment. For the purpose of this item the term `hazardous waste' does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas. (14) `Response action' is any cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment."
Commissioner changed to director
SECTION 1134. Section 44-56-50 of the 1976 Code is amended to read:
"Section 44-56-50. Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to: 1. Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation; 2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted; 3. Issuing an order directing a response action by the department to eliminate the hazard and protect the public from exposure to the hazard; and 4. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law."
Commissioner changed to director
SECTION 1135. Section 44-56-130 of the 1976 Code is amended to read:
"Section 44-56-130. After the promulgation of the regulations required under Section 44-56-30: (1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such regulations. (2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations. (3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department. (4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment. (5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage. (6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal."
Commissioner changed to director
SECTION 1136. Section 44-56-840 of the 1976 Code is amended to read:
"Section 44-56-840. (A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under the provisions of Section 44-56-170(C) and (E) and designated for the fund under the provisions of Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. The committee is composed of: (1) the Governor or his designee; (2) the Chairman of the House Agriculture and Natural Resources Committee or his designee; (3) the Chairman of the Senate Agriculture and Natural Resources Committee or his designee; (4) the Chairman of the House Labor, Commerce and Industry Committee or his designee; (5) the Chairman of the Senate Labor, Commerce and Industry Committee or his designee; (6) the Director of the Department of Health and Environmental Control or his designee; (7) one member representing business and industry appointed by the Governor; (8) one public member appointed by the Governor; (9) one member representing environmental interests appointed by the Governor; (10) the Lieutenant Governor or his designee from the Hazardous Waste Task Force. (B) The Chairman of the Select Oversight Committee must be elected from the membership of the committee. (C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. Staff support must come from existing staff assigned by the committee."
Commissioner changed to director
SECTION 1137. Section 44-61-70(a) of the 1976 Code is amended to read:
"(a) The appropriate official of the department having authority over emergency services shall have authority to recommend suspension of the license, certificate or permit of any person, firm, corporation, association, county, district, municipality or metropolitan government or agency for noncompliance with this chapter or the standards or the rules and regulations promulgated pursuant thereto. The department official, if he has reason to believe that reasonable grounds exist, shall recommend to the board the suspension or revocation of the authorization, license, permit or certification of the licensee and shall notify the licensee of his recommendation not less than thirty days before the board shall consider such recommendation. The notice shall specify the alleged grounds therefor and the licensee shall be offered an opportunity to be heard at the hearing of the board in answer thereto. The board, at a full evidentiary hearing, shall determine whether or not the authorization, license, permit or certification shall be suspended or revoked. The decision to suspend or revoke shall be by majority vote of the total membership of the board. Such decision shall constitute final administrative action and shall be subject to review by the Circuit Court upon petition filed with the court and a copy thereof served upon the secretary of the board within thirty days from the date of delivery of the decision of the board from which such person is appealing. No suspension or revocation of a license, authorization, permit or certification shall be effective until such time as the question of suspension or revocation has been finally resolved and if a decision of the board is appealed in court, no such suspension or revocation shall be effective until a final court determination is made. Provided, however, that if the Director of the Department of Health and Environmental Control determines that a clear and present danger would exist to the public health, safety or welfare if the license, authorization, permit or certification were not immediately suspended or revoked, the suspension or revocation shall be immediate."
Commissioner changed to director
SECTION 1138. Section 44-63-30 of the 1976 Code is amended to read:
"Section 44-63-30. The Director of the Department of Health and Environmental Control is the state registrar of vital statistics and shall carry into effect the regulations and orders of the department. The department shall provide suitable apartments properly equipped with fireproof vaults and filing cases for the permanent preservation of all official records."
Department of Veterans' Affairs changed to division of Governor's Office
SECTION 1139. Section 44-63-110 of the 1976 Code is amended to read:
"Section 44-63-110. For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90 or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of Health and Environmental Control must be paid by the applicant. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. When verification of the facts contained in these records is needed for Veterans' Administration purposes in connection with a claim, it must be furnished without charge to the Veterans' Affairs Division of the Governor's Office or to a county veterans' affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter."
Commissioner changed to director
SECTION 1140. Section 44-65-80 of the 1976 Code is amended to read:
"Section 44-65-80. The department shall, by registered mail, give written notification to the director of the day care facility when any deficiency in service, malpractice, or violation of any rule or regulation exists. (a) The director of the day care facility shall be allowed thirty days to correct such deficiency, malpractice, or violation, unless such presents immediate danger to the health, safety, or well-being of the participants. In such case, immediate correction must be accomplished or the license of the day care facility shall be suspended and activities immediately terminated until such correction has been accomplished. Provided, after written notice to correct a deficiency in the real properties has been received by a facility, no such further notice of deficiencies in the real properties shall be given within six months after the deficiency has been corrected. Such six-month time limit shall not apply to inspections for sanitation purposes. (b) If the department deems necessary the denial, suspension, or revocation of a license, it shall, by registered mail, send the applicant or the director of the day care facility the decision and the specific reasons for such decision. (c) Any denial, suspension, or revocation of any license shall become final at twelve o'clock midnight on the thirtieth day following the mailing of written notification, unless the applicant or the director of the day care facility shall give written notice of his desire for an appeal hearing. If such notice is received by the department within thirty days from notification, the director of the facility shall be given a hearing before authorized representatives of the department, and may present such evidence as may be pertinent and proper. On the basis of such evidence, the decision of the department shall be affirmed or set aside by the director of the department. A copy of the decision of the director and the facts and particular reasons on which it is based shall be sent by registered mail to the applicant or the director of the day care facility. (d) The procedures governing hearings shall be in accordance with the rules promulgated by the department. (e) Any applicant or director of a day care facility who is dissatisfied with the department's appeal decision may appeal to the appropriate court for judicial relief from the decision."
Commission changed to department
SECTION 1141. Section 44-67-30 of 1976 Code is amended to read:
"Section 44-67-30. As used in this chapter unless the context indicates otherwise: (1) `Department' means the Department of Health and Environmental Control; (2) `Director' means the director of the department; (3) `Disposable package or container' means all packages or containers defined as such by rules and regulations adopted by the department; (4) `Litter' means all waste material including but not limited to disposable packages or containers, trash, garbage or refuse, but not including the wastes of the primary processes of mining, logging, sawmilling or farming; (5) `Litter receptacle' means those containers adopted by the department which may be standardized as to size, shape, capacity and color and which may bear a state anti-litter symbol, as well as any other receptacle suitable for the depositing of litter; (6) `Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, trust, estate, joint structure company or any other legal entity or its legal representative, agent or assigns. (7) `Vehicle' means every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks; (8) `Watercraft' means any boat, ship, vessel, barge or other floating craft; (9) `Public place' means any area that is used or held out for use by the public, whether owned or operated by public or private interests. (10) `Open dump' means a land disposal site for solid waste which does not qualify as a sanitary landfill. (11) `Solid waste' means any garbage, refuse, sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. (12) `Sanitary landfill' means a method of disposing of solid waste on land without creating pollution, nuisances, environmental threats or hazards to public health and safety. (13) `Board' means the South Carolina Board of Health and Environmental Control."
Commissioner changed to director; Wildlife officers changed to enforcement officers of Natural Resources Enforcement Division of the Department of the Natural Resources
SECTION 1142. Section 44-67-50 of the 1976 Code is amended to read:
"Section 44-67-50. The director may designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules and regulations adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state highway patrol officers, enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources , fire marshals and police officers, and those employees of the Department of Health and Environmental Control and the Parks, Recreation and Tourism Department vested with police powers all shall enforce the provisions of this chapter and all rules and regulations adopted thereunder and are hereby empowered to issue citations to or arrest, without warrant, persons violating any provision of this chapter or any of the rules and regulations adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations and other process issued to enforce the provisions of this chapter."
Commissioner changed to director; department name changed
SECTION 1143. Section 44-85-20(A) of the 1976 Code is amended to read:
"(A) The following officials or their designees shall serve as members of the council: (1) the Commissioner of the South Carolina Department of Health and Environmental Control; (2) the State Superintendent of Education; (3) the Director of the Department of Social Services; (4) the Director of the Division on Aging in the Governor's Office; (5) the Director of Mental Health; (6) the Director of the Department of Disabilities and Special Needs; (7) the Executive Director of the State Health and Human Services Finance Commission; (8) the Chairman of the Statewide Health Coordinating Council; (9) the President of the South Carolina Chapter of the American Academy of Pediatrics; (10) the President of the South Carolina Chapter of the American Academy of Gerontology; (11) the Director of the Clemson University Extension Service; (12) the Director of the South Carolina State College Extension Service; (13) the Director of the South Carolina Nutrition Council; (14) the Director of the South Carolina Network of Food Banks; (15) the Director of the South Carolina Legal Services Association; (16) the Director of the South Carolina Chapter of the American Association of Retired Persons; (17) the Director of the South Carolina Farm Bureau; (18) the Director of the South Carolina Committee Against Hunger; (19) the President of the South Carolina Association of Community Agencies; (20) the President of the South Carolina Dietetic Association."
Commissioner changed to director
SECTION 1144. Section 44-85-20(A) of the 1976 Code is amended to read:
"(A) The following officials or their designees shall serve as members of the council: (1) the Director of the South Carolina Department of Health and Environmental Control; (2) the State Superintendent of Education; (3) the Director of the Department of Social Services; (4) the Director of the Division on Aging in the Governor's Office; (5) the Director of Mental Health; (6) the Director of the Department of Disabilities and Special Needs; (7) the Executive Director of the State Health and Human Services Finance Commission; (8) the Chairman of the Statewide Health Coordinating Council; (9) the President of the South Carolina Chapter of the American Academy of Pediatrics; (10) the President of the South Carolina Chapter of the American Academy of Gerontology; (11) the Director of the Clemson University Extension Service; (12) the Director of the South Carolina State College Extension Service; (13) the Director of the South Carolina Nutrition Council; (14) the Director of the South Carolina Network of Food Banks; (15) the Director of the South Carolina Legal Services Association; (16) the Director of the South Carolina Chapter of the American Association of Retired Persons; (17) the Director of the South Carolina Farm Bureau; (18) the Director of the South Carolina Committee Against Hunger; (19) the President of the South Carolina Association of Community Agencies; (20) the President of the South Carolina Dietetic Association."
Commissioner changed to director
SECTION 1145. Section 44-85-20(A) of the 1976 Code is amended to read:
"(A) The following officials or their designees shall serve as members of the council: (1) the Director of the South Carolina Department of Health and Environmental Control; (2) the State Superintendent of Education; (3) the Director of the Department of Social Services; (4) the Director of the Division on Aging in the Governor's Office; (5) the Director of Mental Health; (6) the Director of the Department of Disabilities and Special Needs; (7) the Director of the State Department of Health and Human Services; (8) the Chairman of the Statewide Health Coordinating Council; (9) the President of the South Carolina Chapter of the American Academy of Pediatrics; (10) the President of the South Carolina Chapter of the American Academy of Gerontology; (11) the Director of the Clemson University Extension Service; (12) the Director of the South Carolina State College Extension Service; (13) the Director of the South Carolina Nutrition Council; (14) the Director of the South Carolina Network of Food Banks; (15) the Director of the South Carolina Legal Services Association; (16) the Director of the South Carolina Chapter of the American Association of Retired Persons; (17) the Director of the South Carolina Farm Bureau; (18) the Director of the South Carolina Committee Against Hunger; (19) the President of the South Carolina Association of Community Agencies; (20) the President of the South Carolina Dietetic Association."
Commissioner changed to director
SECTION 1146. Section 44-85-30 of the 1976 Code is amended to read:
"Section 44-85-30. The council shall meet as soon as may be practicable after appointment for the purpose of organizing. The Director of the Department of Health and Environmental Control or his designee shall serve as chairman. The council shall elect a vice-chairman and also may elect from its membership other officers it considers necessary. The vice-chairman and other officers, if any, shall serve for terms of two years. The council shall meet at least once each quarter and at other times designated by the chairman. A majority of the council constitutes a quorum. Members of the council representing state agencies or committees are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions, to be paid from funds appropriated for the operation of the respective agency or committee. Members representing private organizations or groups are entitled to subsistence, per diem, and mileage authorized by law for members of state boards, committees, or commissions to be paid from funds appropriated for the operation of the Department of Health and Environmental Control only if the organization or group the member represents does not compensate its representative for service on the council and the member requests compensation from the department."
Commissioner changed to director
SECTION 1147. Section 44-85-50 of the 1976 Code is amended to read:
"Section 44-85-50. There must be employed within the Department of Health and Environmental Control an executive assistant to the council. The executive assistant must be appointed by the director of the department with the advice and consent of the council. The executive assistant is charged with the preparation of the three-year service plan and other duties and responsibilities established by the director and the council from time to time. The salaries of the executive assistant to the council, and other staff and clerical personnel employed by the department and assigned to execute the functions of the council and every other cost or disbursement for accomplishment of the functions of the council must be paid from sums appropriated by the General Assembly to the department."
Commissioner changed to director
SECTION 1148. Section 44-93-20(D) of the 1976 Code is amended to read:
"(D) `Director' means the director of the department or his authorized agent."
Commissioner changed to director
SECTION 1149. Section 44-93-50 of the 1976 Code is amended to read:
"Section 44-93-50. The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to: (1) entering the premises at any time where the infectious waste is located in order to assess what actions may be necessary; (2) issuing or modifying an order directing the person responsible for the waste to take the steps necessary to prevent the act or eliminate the practice which constitutes the hazard; (3) commencing an action enjoining the acts or practices. Upon a showing by the department that a person has engaged in the acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted; (4) inspecting and obtaining samples from a person of any wastes, including samples from a vehicle in which wastes are being transported, as well as samples of a container or label. If available, upon request, the department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge of the waste. The department also shall provide the owner, operator, or agent in charge with a copy of the results of an analysis of the samples once the results have been evaluated properly by the department to determine their validity."
Commissioner changed to director
SECTION 1150. Section 44-93-130 of the 1976 Code is amended to read:
"Section 44-93-130. (A) The director may refuse to issue or renew a registration to transport infectious waste or a permit to operate a facility if he finds that within five years of the application for a registration or permit, the applicant has been: (1) convicted of a crime involving moral turpitude by a court of law and all appeals have been exhausted; (2) convicted pursuant to a violation of this chapter or any other laws of this State pertaining to solid or hazardous waste punishable as a felony; or (3) adjudicated in contempt of a court order pertaining to the enforcement of a provision of this chapter or any other state or federal laws governing hazardous waste. (B) The director may issue a registration or permit if the person has affirmatively demonstrated rehabilitation. The director, in making this determination, shall consider whether: (1) the person has established formal controls and environmental auditing programs which would enhance compliance and prevent the occurrence of future violations; and (2) the personal conduct of the person after the conviction or adjudication as it relates to the provisions and purposes of this chapter and any subsequent recommendations of other persons since rehabilitation."
Representative of board changed to director
SECTION 1151. Section 44-96-60(C)(4) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(4) the Director of the Department of Commerce or his designee."
Department name changed
SECTION 1152. Section 44-96-120(A)(6) of the 1976 Code is amended to read:
"(6) start-up administrative costs of the Department of Revenue and Taxation in the amount of one hundred thousand dollars and the State Treasurer in the amount of fifty thousand dollars."
Department name changed
SECTION 1153. Section 44-96-140(E) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(E) 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 guard rail posts, right-of-way fence posts, and sign supports."
Department name changed
SECTION 1154. Section 44-96-160 of the 1976 Code is amended to read:
"Section 44-96-160. (A) Twelve months after this chapter is effective, no person shall knowingly: (1) place used oil in municipal solid waste, discard or otherwise dispose of used oil, except by delivery to a used oil collection facility, used oil energy recovery facility, oil recycling facility, or to an authorized agent for delivery to a used oil collection facility, used oil energy recovery facility, or oil recycling facility; (2) dispose of used oil in a solid waste disposal facility unless such disposal is approved by the department; (3) collect, transport, store, recycle, use or dispose of used oil in any manner which may endanger public health and welfare or the environment; (4) discharge used oil into sewers, drainage systems, septic tanks, surface water or groundwater, or any other waters of this State, or onto the ground; or (5) mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use. Notwithstanding any other provision of law, any person who knowingly disposes of any used oil which has not been properly segregated or separated from other solid wastes by the generator is guilty of a violation of this subsection and shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. (B) The utilization of used oil for road oiling, dust control, weed abatement, or other similar uses which have the potential to cause harm to the environment is prohibited. (C) The department shall encourage the voluntary establishment of used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs. If a hazardous substance is mixed with used oil accepted at a volunteer used oil collection center, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five gallons of used oil was accepted from any one person at any one time. (D) All government agencies and private businesses that change motor oil for the public and major retail dealers of motor and lubricating oil are encouraged to serve as used oil collection centers. The Department of Transportation shall establish or contract for at least one used oil collection center in every county unless it can certify to the Office of Solid Waste Reduction and Recycling that a private used oil collection center is in operation in a county and is accepting up to five gallons of used oil from any member of the public. A retail dealer of motor oil who maintains a separate tank for a voluntary used oil collection center as approved by the department under this section is eligible for a payment from the South Carolina Department of Revenue and Taxation from fees collected pursuant to subsection (V) of five cents for every gallon of motor oil that is properly returned on a voluntary basis to a registered used oil transporter or permitted used oil recycling facility upon proper verification. (E) Any person who maintains a used oil collection facility that receives a volume of used oil annually, which exceeds a limit to be determined by the department, must register with the department. (F) A used oil collection center shall annually report to the department by a date to be determined by the department and shall indicate if it is accepting used oil from the public, the quantities of used oil collected in the previous year, and the total quantity of used oil handled in the previous year. (G) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection center if such used oil is: (1) not mixed with any hazardous substance by the owner or operator of the used oil collection center; (2) not knowingly accepted with any hazardous substances contained in it; (3) transported from the used oil collection center by a registered transporter; or (4) stored in a used oil collection center that is in compliance with this section. This subsection applies only to that portion of the used oil collection center utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, if the owner or operator acts in good faith and in the belief the oil is generated from the individual's personal activity. (H) Any motor, lubricating, or other oil offered for sale, at retail or at wholesale for direct retail sale, for use off the premises, must be clearly marked or labeled as containing a recyclable material which shall be disposed of only at a used oil collection center. A statement on a container of lubricating or other oil offered for sale is in compliance with this section if it contains the following statement: `Don't pollute. Conserve resources. Return used oil to collection centers.' (I) Motor oil retailers shall post and maintain, at or near the point of sale, a durable and legible sign, not less than eleven inches by fifteen inches in size, informing the public of the importance of the proper collection and disposal of used oil and how and where used oil may be properly disposed. (J) The department may inspect any place, building, or premises subject to subsections (H) and (I) and issue warnings and citations to any person who fails to comply with the requirements of those subsections. Failure to comply following a warning shall constitute a violation punishable by a fine not to exceed one hundred dollars per day. Each day on which an establishment fails to comply shall constitute a separate violation. The proceeds of any fine imposed pursuant to this subsection shall be remitted to the Solid Waste Management Trust Fund. (K) The following persons shall register annually with the department pursuant to department regulations on forms prescribed in such regulations: (1) any person who transports over public highways more than five hundred gallons of used oil weekly; (2) any person who maintains a collection facility that receives more than six thousand gallons of used oil annually; and (3) any facility that recycles more than six hundred gallons of used oil annually. (L) The department shall require each registered person to submit by a date to be determined by the department an annual report which specifies the type and quantity of used oil transported, collected, and recycled during the preceding year. The department also shall require each registered person who transports or recycles used oil to maintain records which identify: (1) the source of the materials transported or recycled; (2) the quantity of materials received; (3) the date of receipt; and (4) the destination or the end use of the materials. (M) The department shall require sample analyses of used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances. (N) The following entities are exempted from the requirements of subsection (K): (1) an on-site burner which only burns a specification used oil generated by the burner, if the burning is done in compliance with any air permits issued by the department; or (2) an electric utility which generates during its operation used oil that is then reclaimed, recycled, or refined by the electric utility for use in its operations. (O) Any person who fails to register with the department as required by subsection (K), or to file the annual report required by subsection (L), is subject to a fine not to exceed three hundred dollars per day. Each day on which the person fails to comply shall constitute a separate violation. The proceeds of any fine imposed pursuant to this subsection shall be remitted to the Solid Waste Management Trust Fund. (P) After the effective date of regulations promulgated by the department pursuant to this section, any person who transports over public highways more than five hundred gallons of used oil weekly must be a registered transporter. (Q) The department shall promulgate regulations establishing a registration program for transporters of used oil, and shall issue, deny, or revoke registrations authorizing the holder to transport used oil. Registration requirements shall ensure that a used oil transporter is familiar with applicable regulations and used oil management procedures. The department shall promulgate regulations governing registration which shall include requirements for the following: (1) registration and annual reporting; (2) evidence of familiarity with laws and regulations governing used oil transportation; and (3) proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil. (R) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the department prior to operating, modifying, or closing the facility. (S) Not later than eighteen months after this chapter is effective, the department shall develop a permitting system for used oil recycling facilities. (T) Permits shall not be required under subsection (R) for the burning of used oil as a fuel, provided: (1) a valid air permit, if required, issued by the department is in effect for the facility; (2) the facility burns used oil in accordance with applicable state and local government regulations, and the requirements and conditions of its air permit; and (3) the on specification used oil is burned in industrial furnaces and boilers and nonindustrial furnaces and boilers. (U) No permit is required under this section for the use of used oil for the benefication or flotation of phosphate rock. (V) (1) For sales made on or after November 1, 1991, every person making wholesale sales of motor oil or similar lubricants, and every person importing into this State ex-tax motor oil or similar lubricants, shall pay a fee on a monthly basis of eight cents for every gallon of motor oil or similar lubricants sold at wholesale or ex-tax motor oil or similar lubricants imported. As used herein, `ex-tax motor oil or similar lubricants' means motor oil or similar lubricants upon which the fee imposed herein has not been levied and which is not sold at wholesale in this State. The fee imposed herein shall be imposed only once with respect to each gallon of motor oil or similar lubricants. The South Carolina State Department of Revenue and Taxation shall administer, collect, and enforce this fee in the same manner the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments pursuant to Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. A for hire motor carrier, as defined under this chapter, which purchases lubricating oils not for resale used in its fleet shall be exempt from the fee. The for hire motor carrier must: (a) have a maintenance facility to service its own fleet and properly store waste oil for recycling collections; (b) have reported to the Environmental Protection Agency, via Report No. EXP 17, the existence of storage tanks for waste oil storage; (c) maintain records of the dispensing and servicing of lubrication oil in the fleet vehicles; and (d) have a written contractual agreement with an approved waste oil hauler. (2) The Department of Revenue and Taxation shall remit fees collected pursuant to this section to the Solid Waste Management Trust Fund, less payments made pursuant to subsection (D). The fees must be reserved in a separate account designated as the Petroleum Fund. The Petroleum Fund must be under the administration of the Office of Solid Waste Reduction and Recycling. The funds generated by the fees authorized by this section and set aside for the Petroleum Fund shall be used by the Office of Solid Waste Reduction and Recycling as follows: (a) Two-fifths of the funds shall be used to establish incentive programs to encourage: (1) individuals who change their own oil to return their used oil to used oil collection centers; (2) the establishment and continued operation of collection centers which accept used oil, including a one-time rebate to retailers who maintain department approved used oil collection centers for equipment used in the used oil collection process, not to exceed five hundred dollars a location. The used oil collection center must maintain a separate tank for the collection of voluntarily returned used oil to be eligible for this rebate. This rebate must be distributed by the department upon approval of the collection center by the department and submittal of proof of purchase of the equipment. (3) the establishment and continued operation of recycling facilities which prepare used oil for reuses or which utilize used oil in a manner that substitutes for a petroleum product made from new oil. (b) Two-fifths of the funds shall be used to provide grants for local government projects that the office determines will encourage the collection, reuse, and proper disposal of used oil and similar lubricants. Local government projects may include one or more of the following programs or activities: (1) curbside pickup of used oil containers by a local government or its designee; (2) retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the local government; (3) establishment of publicly operated used oil collection centers at landfills or other public places; or (4) providing of containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center. (c) One-fifth of the funds shall be used for public education and research, including, but not limited to, reuses, disposal, and development of markets for used oil and similar lubricants. The office may use funds set aside under subitem (a) of item (2) to contract for the development and implementation of incentive programs, and the office may use funds set aside under subitem (c) of item (2) to contract for the development and implementation of research and education programs. After the fee is imposed upon a distributor, the fee may not be imposed again upon any person who subsequently receives motor oil or similar lubricants from a distributor upon whom the fee already has been imposed. Motor oil or similar lubricants exported from this State in its original package or container shall be exempt from the fee imposed in this section. Any person purchasing motor oil or similar lubricants at wholesale in its original package or container and who exports such motor oil or similar lubricants from this State may certify in writing to the seller that the motor oil or similar lubricants will be exported, and such certification, if taken by the seller in good faith, will relieve the seller of the fee otherwise imposed. If the purchaser subsequently uses the motor oil or similar lubricants in this State, the purchaser shall be liable for the fee imposed and the purchaser's certification to the seller shall include an acknowledgment to that effect. (W) The fee imposed under item (V) of this section shall be imposed until the unobligated principal balance of the Petroleum Fund equals or exceeds three million dollars. Based upon the amount of revenue received and the time frame in which the amount is collected, the Department of Revenue and Taxation is required to adjust the rate of the fee to reflect a full year's collection to produce the amount of revenue required in the fund. The increase or decrease in the fee made by the Department of Revenue and Taxation shall take effect for sales beginning on or after the first day of the third month following determination by the commission. (X) The department shall promulgate regulations necessary to implement the provisions of this section. Such regulations may include the imposition of reasonable registration and permitting fees to assist in defraying the costs of the regulatory activities of the department required by this section. (Y) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure used oil materials and products where practicable, subject to the provisions of Section 44-96-140(D). (Z) Beginning February 28, 1993, and no later than February twenty-eighth each year thereafter, the Office of Solid Waste and Recycling shall submit to the Governor and to the General Assembly a report for the previous calendar year, including: (1) the number of used oil collection sites available in each county to the general public; (2) the number and location of used oil collection sites in each county receiving ongoing and start-up assistance from the Office of Solid Waste Reduction and Recycling; (3) the amount of used oil collected in each county."
Department name changed
SECTION 1155. Section 44-96-170(L) and (M) of the 1976 Code is amended to read:
"(L) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per new tire sold to the ultimate consumer, whether the tire is mounted by the seller or not. The wholesaler or retailer receiving new tires from unlicensed wholesalers shall be responsible for the fee imposed by this section. The Department of Revenue and Taxation shall administer, collect, and enforce the tire disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this section must be remitted on a monthly basis. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer shall establish a separate and distinct account from the state general fund. The State Treasurer shall distribute one and one-half dollars of each tire sold to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection and disposal of waste tires generated within that county. The remaining portion of the tire disposal fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, which is established under the administration of the South Carolina Department of Health and Environmental Control. The General Assembly shall review the waste tire disposal fee every five years. (M) A wholesaler or retailer required to submit a fee under subsection (L) who delivers or arranges delivery of waste tires to a permitted waste tire disposal facility may apply for a refund of one dollar per tire delivered. In no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue and Taxation. Any refund made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (L)."
Department name changed
SECTION 1156. Subsection (O)(8) of Section 44-96-170 of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(8) the South Carolina Department of Natural Resources;"
Department name changed
SECTION 1157. Section 44-96-180(F) of the 1976 Code is amended to read:
"(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per lead-acid battery sold to the ultimate consumer, whether the battery is installed by the seller or not. The retailer is to remit the fee to the Department of Revenue and Taxation on a monthly basis. The Department of Revenue and Taxation shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer."
Department name changed
SECTION 1158. Section 44-96-200(E) of the 1976 Code is amended to read:
"(E) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Department of Revenue and Taxation on a monthly basis. The Department of Revenue and Taxation shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund."
Department name changed
SECTION 1159. Section 44-96-220 of the 1976 Code is amended to read:
"Section 44-96-220. The provisions of Chapter 54 of Title 12 apply to the administration, collection, and enforcement of the fees imposed by this chapter as administered by the Department of Revenue and Taxation."
Commissioner changed to director
SECTION 1160. Section 44-96-250(B)(4) of the 1976 Code is amended to read:
"(4) `Director' means the Director of the South Carolina Department of Health and Environmental Control."
Commissioner changed to director
SECTION 1161. Section 44-96-280 of the 1976 Code is amended to read:
"Section 44-96-280. The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following: (1) entering the solid waste management facility in order to assess what actions may be necessary; (2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article; (3) commencing an action to enjoin any act or practice that is causing the hazard; and (4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity."
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