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Bill 841

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

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

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

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

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

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

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

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

Governor                                            $98,000

Lieutenant Governor                        43,000

Secretary of State                            85,000

State Treasurer                                85,000

Attorney General                             85,000

Comptroller General                        85,000

Superintendent of Education            85,000

Adjutant General                            85,000

Commissioner of Agriculture                85,000

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

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

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

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

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

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

1. Department of Agriculture

2. Department of Alcohol and Other Drug Abuse Services

3. Department of Commerce

4. Department of Corrections

5. Department of Disabilities and Special Needs

6. Department of Education

7. Department of Health and Environmental Control

8. Department of Health and Human Services

9. Department of Insurance

10. Department of Juvenile Justice

11. Department of Labor, Licensing, and Regulation

12. Department of Mental Health

13. Department of Natural Resources

14. Department of Parks, Recreation and Tourism

15. Department of Probation, Parole, and Pardon Services

16. Department of Public Safety

17. Department of Revenue

18. Department of Social Services

19. Department of Transportation

1.    Department of the Adjutant General

2.    Department of Administration

3.    Department of Agriculture

4.    Department of Commerce

5.    Department of the Comptroller General

6.    Department of Corrections and Probation

7.    Department of Education

8.    Department of Environment and Natural Resources

9.    Department of Health and Human Services

10    Department of Insurance

11.    Department of Juvenile Justice

12.    Department of Labor, Licensing, and Regulation

13.    Department of Parks, Recreation and Tourism

14.    Department of Public Safety

15.    Department of Revenue

16.    Department of Secretary of State

17.    Department of Transportation

18.    Department of Motor Vehicles

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i)    Office of Executive Policy and Programs;

(ii)    Office of Energy Programs;

(iii)    Office of Personnel and Program Services;

(iv)    Office of Research;

(v)    Division of Health;

(vi)    Division of Economic Opportunity;

(vii)    Division of Economic of Development;

(viii)    Division of Ombudsman and Citizens' Services;

(ix)    Division of Education;

(x)    Division of Natural Resources;

(xi)    Division of Human Services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F)(1)    As used in this subsection:

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

(i)    a spouse;

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

(iii)    claimed as a dependent for income tax purposes

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)    infectious disease prevention;

(b)    maternal and child health;

(c)    chronic disease prevention;

(d)    access to care;

(e)    drug control;

(f)    rape violence prevention;

(g)    independent living;

(h)    home healthcare;

(i)     health facilities licensing;

(k)    certification and inspection of care;

(l)     emergency medical services;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C)    Professional and Occupational Licensing Boards including:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)    State Office of Victim's Assistance;

(2)    Department of Veterans Affairs; and

(3)    Commission on Women.

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

(1)    Continuum of Care for Emotionally Disturbed Children;

(2)    Guardian Ad Litem Program; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)    a nonappropriation for the renting agency,

(b)    a dissolution of the agency, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)    to minimize individual assignment of state vehicles.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The State Vehicle Maintenance program shall include:

(a)    central purchasing of supplies and parts;

(b)    an effective inventory control system;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)    a complete description of the proposed project;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)    To warehouse such property; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)    two hundred and twelve for the Senate;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)    for capital improvement expenditures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)    in violation of constitutional or statutory provisions;

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

(c)    made upon unlawful procedure;

(d)    affected by other error of law;

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

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

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

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

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

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

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

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

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

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

(a)    A performance appraisal procedure which shall assure:

(1)    annual review and evaluation of such employees;

(2)    written findings;

(3)    review of evaluations with each covered employee;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)    the receipt of waste;

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

(c)    construction and maintenance of necessary physical facilities;

(d)    the purchase or amortization of necessary equipment;

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

(f)    accounting and billing for waste disposal;

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

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

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

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

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

(l)     taxes other than income taxes;

(m)    licensing and permitting fees; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1-3-315.    As used in this article,

(1)    'Council' means the South Carolina Information Technology Council as established in this article.

(2)    'Division' means the Division of the State Chief Information Officer.

(3)    'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly or its respective branches or its committees, the Judicial Department, Legislative Council, the Office of Legislative Printing and Information Technology Services, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(4)    'Immediate family' means a person who is:

(a)    a spouse;

(b)    a child residing in the same household; or

(c)    claimed as a dependent for income tax purposes

(5)    'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to these, and consulting or other services for design or redesign of information technology supporting business processes.

(6)    'Information technology vendor' means a person or entity who provides or proposes to provide information technology goods or services in excess of an aggregate amount of four hundred thousand dollars to the division pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the division, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.

(7)    'Other state entity' means the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, or any other state agency or department that is not a political subdivision or is not included in the definition of a governmental body.

(8)    'Political subdivision' means the counties, municipalities, school districts, special purpose districts, special service districts, commissioners of public works, and any other local governmental authority, board, commission, agency, department, or political body.

(9)    'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or devised after this article takes effect. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services, and mobile telecommunications services, and includes all facilities and equipment performing these functions.

Section 1-3-320.    (A)    There is created the South Carolina Information Technology Council.

(B)    The council consists of the following nine members:

(1)    two cabinet agency directors appointed by the Governor;

(2)    one noncabinet agency director appointed by the Governor upon recommendation of the president of the State Agency Directors Organization;

(3)    one representative of the state institutions of higher learning appointed by the Council of Public College and University Presidents;

(4)    two citizen members from the private sector appointed by the Governor;

(5)    one citizen member from the private sector appointed by the President Pro Tempore of the Senate;

(6)    one citizen member from the private sector appointed by the Speaker of the House of Representatives; and

(7)    the State Chief Information Officer.

(C)    The State Chief Information Officer serves as chairman of the council.

(D)    Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the council while they hold that office.

(E)    Members serve without compensation, but citizen members of the council are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the council.

(F)    The powers and duties of the council include the following:

(1)    review and approve the coordinated statewide strategic plan for information technology prepared by the division;

(2)    review and approve statewide strategic information technology directions, standards, and enterprise architecture prepared by the division;

(3)    approve the criteria developed by the division for the review and approval of information technology plans and information technology projects of governmental bodies;

(4)    review and approve the procedures developed by the division for the allocation and distribution of funds from the Information Technology Innovation Fund;

(5)    upon recommendation of the division, the council may grant the division and governmental bodies exemptions from the requirements in this article;

(6)        upon recommendation of the division, the council may terminate any information technology project of a governmental body or governmental bodies; and

(7)    upon request of a governmental body, the council may review decisions of the division concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.

Section 1-3-325.    (A)    The State Information Technology Directors Committee is created to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures and facilitate the exchange of information among the information technology directors of governmental bodies. The committee includes representatives from governmental bodies and must be chosen in a manner and number determined by the State Chief Information Officer.

(B)    The State Chief Information Officer may establish other standing or ad hoc advisory committees to provide assistance relating to any other matters within the division's authority.

(C)    Members of the advisory committees appointed pursuant to subsections (A) and (B) are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the committees. Members who are full-time state employees may not receive per diem.

Section 1-3-330.    The powers and duties of the division include the following:

(1)    develop for approval of the council a coordinated statewide strategic plan for information technology;

(2)    develop for approval of the council statewide strategic information technology directions, standards, and enterprise architecture. These directions, standards, and architecture must include, but are not limited to, information related to the privacy and confidentiality of data collected and stored by governmental bodies, web site accessibility, and assistive technologies. The division shall implement necessary management processes to assure that governmental bodies fully comply with these directions, standards, and architecture;

(3)    develop policies and procedures for the effective management of information technology investments throughout their entire life cycles, including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;

(4)    evaluate the information technology of governmental bodies and combine information technology and related resources when the division determines that it is advisable from the standpoint of efficiency and cost effectiveness;

(5)    plan and forecast future needs for information technology and conduct studies and surveys of organizational structures and best management practices of information technology systems and procedures;

(6)    evaluate the information technology plans and projects of governmental bodies to ensure that the plans and projects are consistent with statewide plans, strategies, and standards, including alignment with the state's business goals, investments, and other risk management policies;

(7)    assist the Secretary of Commerce in the development of information technology related industries in the State and the promotion of economic development initiatives based on information technology;

(8)    assist governmental bodies in the development of guidelines concerning the qualifications and training requirements of information technology related personnel;

(9)    secure all telecommunications equipment and services for governmental bodies under terms the division considers suitable and coordinate the supply of the equipment and services for use by governmental bodies;

(10)    operate and manage a state consolidated data center, and other appropriate data centers, to be used by governmental bodies under terms and conditions established by the division;

(11)    develop information technology applications and services for entities requesting them;

(12)    administer information technology related procurements and contracting activities for governmental bodies in accordance with the South Carolina Consolidated Procurement Code;

(13)    enter into agreements and contracts with governmental bodies, political subdivisions, and other state entities to provide and receive goods and services. The division may establish fee schedules to be collectible from governmental bodies and other state entities for services rendered and goods provided;

(14)    hire necessary personnel and assign them duties and powers as the division prescribes; and

(15)    exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes in this article.

Section 1-3-335.    The division has the following additional powers and duties relating to planning and the management of information technology projects of governmental bodies:

(1)    oversee the development of any statewide and multi-agency information technology enterprise projects;

(2)    develop for the approval of the council an approval process for the information technology plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;

(3)    establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;

(4)    develop for the approval of the council an approval process for information technology projects proposed by governmental bodies to ensure that all of these projects conform to statewide information technology plans, strategies, and standards, the information technology plan of the governmental body, and the project management methodology. All information technology projects proposed by governmental bodies that exceed an amount established by the council, initially set at four hundred thousand dollars but subject to adjustment by the council, are subject to division approval. Governmental bodies may not artificially divide these projects so as to avoid divisional approval;

(5)    monitor information technology projects approved by the division. The division may modify and suspend any information technology project that is not in compliance with statewide information technology plans, strategies, and standards or that has not met the performance measures agreed to by the division and the sponsoring governmental body. The council may terminate projects upon recommendation of the division;

(6)    establish minimum qualifications and training standards for project managers; and

(7)    establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology projects.

Section 1-3-340.(A)    The division has the following additional powers and duties relating to telecommunications:

(1)    coordinate the various telecommunications facilities and services used by governmental bodies;

(2)    acquire, lease, construct, or organize facilities and equipment as necessary to deliver comprehensive telecommunications services in an efficient and cost-effective manner, and maintain these facilities and equipment;

(3)    provide technical assistance to governmental bodies in areas such as:

(a)        performing systems development services, including design, application programming, and maintenance;

(b)    conducting research and sponsoring demonstration projects pertaining to all facets of telecommunications; and

(c)    planning and forecasting for future needs in communications services.

(B)    If requested by a political subdivision or other state entity, the division may supply telecommunications goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.

(C)    A governmental body may not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the division.

Section 1-3-345.    (A)    The division has the following additional powers and duties relating to information technology procurements by governmental bodies:

(1)    ensure that information technology procurements are conducted in a manner consistent with the South Carolina Consolidated Procurement Code and related regulations;

(2)    ensure that information technology procurements conform to statewide information technology plans, strategies, and standards. The division may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;

(3)    recommend to the council categories of information technology procurement, which must be exempted from the requirements of the South Carolina Consolidated Procurement Code and related regulations;

(4)    enter into cooperative purchasing agreements with political subdivisions or other state entities for the procurement of information technology and allow political subdivisions and other state entities to participate in the division's procurement of information technology under terms and conditions established by the division; and

(5)    participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.

(B)    If requested by a political subdivision or other state entity, the division may supply information technology goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the division and the political subdivision or other state entity.

Section 1-3-350.    The division has the following additional powers and duties relating to the security of government information and infrastructure:

(1)    to protect the state's critical information technology infrastructure and associated data systems if there is a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue if there is such an event, the division shall develop a Critical Information Technology Infrastructure Protection Plan which devises policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to data and information systems necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All governmental bodies of this State are directed to assist the division in the collection of data required for this plan;

(2)    the division shall oversee, plan, and coordinate periodic security audits of governmental bodies regarding the protection of government information and information technology infrastructure. These security audits may include, but are not limited to, on-site audits as well as reviews of all written security procedures. The division may conduct the security audits or contract with a private firm or firms to conduct these security audits. Governmental bodies subject to a security audit shall cooperate fully with the entity designated to perform such audits.

Section 1-3-355.    (A)    The Budget and Control Board shall provide, from funds appropriated for that purpose by the General Assembly, funds necessary to carry out all duties and responsibilities assigned to the division that are not reimbursable through a fee-for-service methodology. The division must deposit in a special account in the Office of the State Treasurer revenue received from providing goods and services to governmental bodies, political subdivisions, and other state entities. The revenue deposited in the account may be expended only for the costs of providing the goods and services, and these funds may be retained and expended for the same purposes.

(B)    There is created an Information Technology Innovation Fund. This fund must provide incentives to governmental bodies to implement enterprise initiatives and electronic government projects. Use of the fund must encourage governmental bodies to pursue innovative and creative approaches using technology that provides needed citizens' services more cost effectively and efficiently. The fund may not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund consists of those funds appropriated through the state budget process, grants, gifts, and other donations received by the State or otherwise available. The division, with the approval of the council, is responsible for developing appropriate procedures for the allocation and distribution of these funds.

Section 1-3-360.    (A)    An information technology vendor for a contract or contracts must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.

(B)    An information technology vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the division shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6):

(1)    for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment of this section, and

(2)    during the term of the contract or contracts.

(C)    The prohibition in subsection (B) specifically applies to the officer or board member of an information technology vendor, holders of an interest in an information technology vendor of more than ten percent, and their immediate family members."

SECTION    2.    Title 1 of the 1976 Code is amended by adding:

Section 1-8-10.    (A)    There is hereby created as a separate division within the Department of Administration the Office of the State Inspector General to be headed by a State Inspector General. The State Inspector General must be responsible for promoting integrity and efficiency in executive agencies.

(B)    The State Inspector General must possess the following qualifications:

(1)    a bachelor's degree from an accredited college or university with major in accounting, or with a major in business which includes five courses in accounting, and five years of experience as an internal auditor of independent post auditor, electronic data processing auditor, accountant, or any combination thereof. The experience must at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or

(2)    a master's degree in accounting, business administration, or public administration from an accredited college or university and four years of experience as required in item (1); or

(3)    a certified public accountant license or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and five years of experience as required in item (1).

(C)    The State Inspector General must be appointed by the Governor with the advice and consent of the Senate for a term to be coterminous with that of the Governor.

(D)    The State Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection.

(E)    The State Inspector General may be removed from office at the Governor's discretion by an executive order as provided in Section 1-3-240(B).

(F)    The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Governor and shall exercise other powers and perform other duties as the Governor requires. The State Inspector General must be directly responsible to the Governor and must be independent of any other executive agency.

Section 1-8-20.    (A)    For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, department, board, commission, institution, university, college, body politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived. 'Executive agency' or 'executive agencies' does not mean or include municipalities, counties, special purpose districts, the South Carolina National Guard, or any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

(B)    The purpose of the Office of State Inspector General is to:

(1)    initiate, supervise, and coordinate investigations, recommend polices, and carry out other activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all executive agencies;

(2)    keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;

(3)    provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.

(C)    Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.

(D)    The Office of State Inspector General and the State Inspector General have no jurisdiction, power, or authority over:

(1)    the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard;

(2)    municipalities, counties, or special purpose districts; or

(3)    any entity that derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

Section 1-8-30.    (A)    It is the duty and responsibility of the State Inspector General to:

(1)    initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;

(2)    investigate, upon receipt of a complaint or for cause, any administrative action of any executive agency including, but not limited to, the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety;

(3)    examine the records of any executive agency;

(4)    require and obtain immediately by written notice from officers and employees of executive agencies, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence;

(5)    have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;

(6)    recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;

(7)    coordinate complaint-handling activities in executive agencies;

(8)    implement policies to conform to the standards of Chapter 27 of Title 8 concerning information received from state employees;

(9)    establishing and maintaining an 800 telephone number for reporting fraud, waste, and abuse and for use as a whistle blower's hotline;

(10)    report expeditiously to and cooperate fully with the State Attorney General, South Carolina Law Enforcement Division, the United States Attorney General, an appropriate solicitor, and other law enforcement agencies when there are recognizable grounds to believe that there has been a violation of criminal law or that a civil action should be initiated;

(11)    refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate;

(12)    review, evaluate, and monitor the policies, practices, and operations of the Executive office of Governor;

(13)    conduct special investigations and management reviews at the request of the Governor;

(14)    select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office; and

(15)    promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations for a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.

(B)    The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.

Section 1-8-40.    (A)    Upon request of the State Inspector General for information or assistance, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.

(B)    If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Governor for appropriate action.

(C)    The State Inspector General must submit any findings in the form of a written report to the Governor upon completion of any investigation or audit. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.

(D)    The State Inspector General must monitor the implementation of the executive agency's response to any report. No later than six months after the State Inspector General publishes a report on the executive agency, the State Inspector General must provide a written response to the Governor on the status of corrective actions taken. Upon request, any report submitted to the Governor by the State Inspector General must be made available to the President Pro Tempore of the Senate and Speaker of the House of Representatives.

(E)    No later that February 15th of each year, the State Inspector General must submit an annual report summarizing the activities of the office during the immediately preceding state fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Legislative Audit Council. The report must include, but need not be limited to:

(1)    a description of activities relating to the development, assessment, and validation of performance measures;

           (2)    a description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period;

(3)    a description of the recommendations for corrective action made by the State Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies identified;

(4)    the identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; and

(5)    a summary of each audit and investigation completed during the reporting period.

(F)    Any report under this section is subject to public disclosure to the extent that it does not include information made confidential and exempt under the provisions of Sections 30-4-20(c) and 30-4-40. However, when the State Inspector General or a member of his staff receives from an individual a complaint or information, the name or identity of the individual, must not be disclosed to anyone else without the written consent of the individual, unless the State Inspector General determines that such disclosure is unavoidable during the course of the investigation.

(G)    The State Inspector General may make public reports relating to the administration of the programs and operations of an executive agency that are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines to issue a public report, he must consult with the Attorney General and other laws enforcement agencies before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;

(H)    In performing his duties, the State Inspector General is subject to the statutory provisions and penalties regarding confidentiality of records of the executive agency or person under review.

Section 1-8-50.    (A)    No person may take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.

(B)    Nothing in this article shall affect the rights and protections of state employees afforded under Title 8.

(C)    The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."

SECTION    1.    Section 46-3-30 of the 1976 Code is amended to read:

"Section 46-3-30.    The chief officer of the Department of Agriculture shall be is denominated the Commissioner of Agriculture. The Commissioner shall must have a competent knowledge of agriculture, manufacturing and general industries, commerce, chemistry, and publicity."

SECTION    2.    Section 46-3-40 of the 1976 Code is amended to read:

"Section 46-3-40.    The Commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government is appointed by the Governor with the advice and consent of the Senate, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only."

SECTION    3.    Section 46-3-60 of the 1976 Code is amended to read:

"Section 46-3-60.    The Commissioner may appoint a competent clerk, whose qualifications shall be in the main the same as those required of the Commissioner employ professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly."

SECTION    1.    Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-2010.    (A)    There is established a Local Government Division within the Department of Commerce to act as a liaison for financial grants among local governments, the General Assembly, and the Governor's Office. The division is under the supervision of a director appointed by and who serves at the pleasure of the Secretary of Commerce. The director may employ the staff approved by the secretary. The division is responsible for certifying grants to local governments from both federal and state funds. The term 'local government' means any political entity below the state level.

(B)    The division shall establish guidelines and procedures which local governments shall follow in applying for grants certified by the division. The director shall make known to local governments the availability of all grants available through the division and shall make periodic reports to the General Assembly and the Governor's Office. The reports must contain information concerning the amount of funds available from both federal and state sources, requests for grants and the status of those requests and other information as the director considers appropriate. The director shall maintain the records as necessary for the efficient operation of the division.

Section 13-1-2020.    (A)    Grant funds received by a county, municipality, political subdivision, or other entity from the Division of Local Government must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursements may be made from this fund only on the written authorization of the individual who signed the grant application filed with the division, or his successor, and only for the purposes specified in the grant application. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.

(B)    It is not a defense to an indictment alleging a violation of this section that grant funds received from the Division of Local Government were used by a grantee or subgrantee for governmental purposes other than those specified in the grant application or that the purpose for which the grant was made by the Division of Local Government was accomplished by funds other than grant funds.

(C)    The Division of Local Government shall furnish a copy of this section to a grantee when the grant is awarded."

SECTION    2.    Chapter 43, Title 41 of the 1976 Code, as last amended by Act 404 of 1992, is amended to read:

Section 41-43-10.    This chapter may be cited as the South Carolina Jobs-Economic Development Fund Act.

Section 41-43-20.    As used in this chapter unless the context otherwise requires:

(A)    'Act' means the South Carolina Jobs-Economic Development Fund Act.

(B)    'Authority' means the South Carolina Jobs-Economic Development Authority, which is a state-owned enterprise.

(C)    'Administrative funds' means all monies, received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds.

(D)    'Bonds' means any evidence of indebtedness of the authority in any form including, but not limited to, notes, warrants, bonds, or any similar obligation evidenced in written, printed, or electronic means.

(E)    'Program funds' means any monies, including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds.

(F)    'Banks' means financial organizations organized, chartered, or holding an authorization certificate and subject to supervision by an agency or official of South Carolina or of the United States and authorized to make loans and receive deposits. It includes but is not limited to savings and loan associations and savings banks.

Section 41-43-30.    There is created as a division within the Department of Commerce the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of nine members.

Section 41-43-40.    The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman of the State Development Board shall serve ex officio and may designate persons to represent them at meetings of the authority.

Directors serve for terms of three years; however, directors initially appointed from the first and sixth congressional districts and the State at large serve for three years; directors initially appointed from the second and fifth congressional districts serve for two years; and directors initially appointed from the third and fourth congressional districts serve for one year. Thereafter, all directors serve for a term of three years and until their successors are appointed and qualify. All vacancies must be filled for the unexpired term in the manner of the original appointment. Directors are not personally liable for losses unless the losses are occasioned by the wilful misconduct of the directors. Directors may be removed by the Governor for cause or at will. A certificate of the appointment or reappointment of any director must be filed in the offices of the Secretary of State and the authority. The certificate is conclusive evidence of the due and proper appointment of a director. The is under the supervision of a director appointed by and who answers to and who serves at the pleasure of the Secretary of Commerce.

Section 41-43-50.    As soon as practicable after appointment, the board shall organize by choosing a vice-chairman, secretary, and such other officers as considered necessary.

The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this act, shall may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, must vest in the State.

The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds.

Section 41-43-60.    [Reserved]    Meetings of the board shall be held at times and in places as the board determines. The board must meet at least one time in each calendar quarter. Meetings of the board may be held by means of conference telephone or any means of communication by which all persons participating in the meeting can hear each other at the same time and participation by such means constitutes presence in person at the meetings. A majority of the board then in office constitutes a quorum at any meeting. Approval of a majority of the board then in office is required to take action.

Section 41-43-70.    The authority shall promote and develop the business and economic welfare of this State, encourage and assist through loans, investments, research, technical and managerial advice, studies, data compilation and dissemination, and similar means, in the location of new business enterprises in this State and in rehabilitation and assistance of existing business enterprises and in the promotion of the export of goods, services, commodities, and capital equipment produced creation and retention of jobs and improvement of the standard of living of the citizens of the State, and act in conjunction with other persons and organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational development in this State. In the promotion, development, and advancement of these programs, the authority must give consideration to the development of and assistance to small businesses in this State as may be defined by regulation of the authority.

Section 41-43-80.    The authority must implement the programs of this act as soon as practicable. The authority must exercise care in the performance of its duties and the selection of specific programs and business enterprises to receive its assistance. The authority may delegate its authority to implement the programs authorized to any governmental agency or financial institution. The authority must retain retains ultimate responsibility and provide provides proper oversight for the implementation.

Section 41-43-90.    The authority has the rights and powers of a body politic and corporate and body corporate of this State, including without limitation all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers:

(A)    Adopt bylaws, procedures, and regulations for the directors, officers, and employees and for the implementation and operation of the programs authorized by this act.

(B)    Adopt and use a seal.

(C)    Sue and be sued in its own name.

(D)    Enter into such contracts, agreements, and instruments and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes. With respect to any contract or agreement where the liability of the authority is limited to program funds, the authority may require public notice or bidding.

(E)    Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions.

(F)    Accept appropriations, gifts, grants, loans, or other aid from persons, partnerships, firms, corporations, agencies, or entities, whether public or private.

(G)    Apply for and hold patents and collect royalties under such terms and conditions as the authority considers appropriate.

(H)    Incur debt, including, but not limited to, the issuance of bonds, for any authorized purpose of the authority under the terms and conditions specified in this act.

(I)    [Reserved]

(J)    Make commitments, guarantees, grants, or loans utilizing any of its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds.

(K)    Create and establish funds, including reserve funds, and accounts as necessary in connection with the issuance of bonds or for any of its authorized purposes.

(L)    Use program funds to purchase or provide for insurance as additional security for any bonds issued by the authority.

(M)    Initiate counseling and management programs for business enterprises and provide business enterprises with technical assistance, advice, and information respecting development opportunities and programs and, in conjunction therewith, collect, maintain, and disseminate data and information.

(N)    Employ and dismiss, at the will and pleasure of the authority, officers, agents, employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 41-43-240 are not considered state employees except for eligibility for participation in the South Carolina Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11 do not apply to the authority. The authority is responsible for complying with other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board Department of Administration to establish a comprehensive human resource management program.

(O)    Fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by the authority, the rates to be at least sufficient to provide for payment of all expenses of the authority.

(P)    Participate in and cooperate with any agency or instrumentality of the United States and with any agency or political subdivision of this State in the administration of any of the programs authorized by this act.

In exercising its powers, the authority shall operate in an economical and prudent manner and any powers granted by this act may be exercised by the adoption of a resolution at any regular or special meeting by the Secretary of Commerce. A copy of any resolution certified by the chairman, vice-chairman, or secretary director is conclusive evidence of the exercise of powers in accordance with this act.

Section 41-43-100.    In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29 of Title 4, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds upon receipt of a certified resolution by the county or municipality in which the project, as defined in Chapter 29 of Title 4, is or will be located, containing the findings set forth in Section 4-29-60 and evidence of a public hearing held not less than fifteen days after publication of notice in a newspaper of general circulation in the county in which the project is or will be located. The authority may combine for the purposes of a single offering bonds to finance more than one project. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.

Section 41-43-110.    (A)    The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They These bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the State or the authority or a charge against the general credit of the authority or the State or taxing powers of the State and this fact must be plainly stated on the face of each bond. The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in coupon or registered form, may be payable in such installments and at such time, may be subject to terms of redemption, may be payable at such place, may bear interest at such rate payable at such place and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which are provided in the resolution of the authority authorizing the bonds. Subject to Budget and Control Board approval, any bonds issued under this section may be sold at public or private sale as may be determined to be most advantageous. The bonds may be sold at public or private sale and, if by private sale, the authority shall designate the syndicate manager or managers. The authority may pay all expenses, premiums, insurance premiums, and commissions which it considers necessary from proceeds of the bonds or program funds in connection with the sale of bonds. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board.

(B)    The resolution under which the bonds are authorized to be issued or any security agreement, including an indenture or trust indenture to be entered into in connection therewith, may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting, provisions respecting the fixing and collection of obligations, the creation and maintenance of special funds, and the rights and remedies available, in the event of default, to the bondholders or to the trustee under such security agreement as the authority considers advisable. In making such agreements the authority does not have the power to obligate itself except with respect to program funds and cannot incur a pecuniary liability or a charge upon the general credit of the authority or of the State or against the taxing powers of the State. The resolution of the authority authorizing any bonds and any security agreement securing bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or security agreement, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect any obligations and to apply any revenues pledged in accordance with such proceedings or the provisions of the security agreement. Any security agreement may provide also that, in the event of default in payment or the violation of any agreement contained in the security agreement, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the security agreement or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement may impose any pecuniary liability upon the State or the authority or any charge upon the general credit of the authority or of the State or against the taxing power of the State.

Subject to the approval of the State Treasurer, the trustee under any security agreement, or any depository specified by the security agreement, may be such person or corporation as the authority may designate designates, notwithstanding that he may be a nonresident of South Carolina or incorporated under the laws of the United States or any of the states. Monies in the funds and accounts held by the trustee shall must be invested or deposited by the trustee.

(C)    Any bonds that are outstanding may at any time be refunded by the authority by the issuance of its refunding bonds in an amount as the authority considers necessary but not to exceed an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid. The refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded cannot be compelled to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under this section are payable in the same manner and under the same terms and conditions as are provided for the issuance of bonds.

(D)    The proceeds from the sale of any bonds must be applied only for the purpose for which the bonds were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.

Section 41-43-120.    It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this act. Nothing contained in this section is construed as relieving any person from the duty of exercising reasonable care in selecting securities.

Section 41-43-130.    The bonds and the income therefrom are exempt from all taxation in the State except for inheritance, estate, or transfer taxes. All security agreements and financing agreements made pursuant to this act are exempt from stamp and transfer taxes.

Section 41-43-140.    The authority may create an insurance fund consisting solely of program funds which must be held as security for the holders of bonds issued under this act. Such funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State. The authority also may use program funds to purchase insurance to be pledged for the security of the holders of any bonds issued under this act.

In any case in which insurance is pledged as security, whether obtained through the insurance funds authorized to be created under this section or purchased with program funds, it must expressly state the limitation of the liability of the authority and further that neither the credit nor taxing power of the State or any political subdivision thereof is available to satisfy any obligations with respect thereto.

Section 41-43-150.    (A)    The programs established by this act are administered so as to ensure that each application for assistance is evaluated without regard to race, creed, sex, or national origin and that no person, firm, association, partnership, corporation, agency, or entity, or group thereof, receives disproportionate benefits from the programs.

(B)    To qualify for assistance under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 the following conditions must be met:

(1)    The recipient must be a person, firm, association, partnership, corporation, or other entity engaged in business.

(2)    The assistance must be requested for use by a business enterprise located within the State.

(3)    The recipient must be able to demonstrate to the authority that the assistance will result in creation or maintenance of employment within the State.

(4)    The recipient and the project must meet any further requirements for eligibility as are set forth in this act with respect to the specific program under which assistance is requested.

(5)    The recipient and the project must satisfy any applicable requirements set forth by the authority in its regulations.

(C)    The authority may authorize assistance to an eligible recipient under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 only after it has made the following findings:

(1)    The recipient is a responsible party.

(2)    The number of jobs resulting from the assistance bears a reasonable relationship to the amount of program funds committed, taking into account factors such as the amount of dollars invested per employee at comparable facilities.

(3)    The amount of program funds committed bears a reasonable relationship to the amount of private funds committed.

(4)    The size and scope of the business being assisted is such that a definite benefit to the economy of the State may reasonably be expected to result from the project being financed.

(5)    The terms of the agreements to be entered into in connection with the transaction are reasonable and proper, taking into account such factors as the type of program involved, the amount of program funds involved, and the number and type of jobs involved.

(6)    The public interest is adequately protected by the terms of the agreements to be entered into in connection with the transaction.

In making its findings, the authority is entitled to may rely upon its own investigation or upon such information and evidence furnished to it by recipient businesses or by lending institutions participating in programs established pursuant to the provisions of this act as the authority considers appropriate. Compliance by a recipient or any lending institution participating in any of the authority's programs under the provisions of this act with the terms of any agreement may be enforced by decree of a circuit court of this State. The authority may require as a condition of any loan to, or purchase of loans from, any national banking association or federally chartered savings and loan association or any nonresident seller, consent to the jurisdiction of the circuit courts of this State over any enforcement proceeding.

Section 41-43-160.    The authority may utilize any of its program funds to establish loan programs pursuant to this section for the purpose of reducing the cost of capital to business enterprises which meet the eligibility requirements of Section 41-43-150. Proceeds of loans under this section are utilized:

(i)        to acquire, by construction or purchase, land and buildings or other improvements thereon, machinery, equipment, office furnishings or other depreciable assets, or for research and design costs, legal and accounting fees, or other expenses in connection with the acquisition or construction thereof; or

(ii)    for the research, testing, and developing of new products, machinery, equipment, and industrial or commercial processes, and the initial marketing thereof. Loan proceeds also may be used to finance working capital. The authority shall require as a condition of each loan made pursuant to this section that the loan must be serviced by a loan administrator which meets criteria established by the authority.

The authority may make direct loans to any eligible business enterprises upon terms which require the proceeds of the loan to be used for qualified purposes and upon such other terms and conditions as the authority may require.

The authority may make loans to lending institutions upon terms and conditions which require each lending institution to disburse the loan proceeds for new loans to eligible businesses for qualified purposes in an aggregate principal amount of not less than the amount of the loan. The authority must require of each lender to which it has made a loan evidence satisfactory to it of the making of new loans which satisfy the requirements of this item and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of such lender to verify that the requirements are being met.

The authority must require that each lender receiving a loan pursuant to this section issue and deliver to the authority evidence of its indebtedness to the authority which constitutes a general obligation of the lender. The evidence of indebtedness must bear a date, time of maturity, be subject to prepayment, and contain any other provisions consistent with this section and related to protecting the security of the authority's investment and the bonds issued by the authority in connection with such loan.

The authority may purchase, and make advance commitments to purchase, from lending institutions loans to eligible business enterprises. The purchase price for each loan which the authority purchases pursuant to this paragraph is not to exceed the total of the unpaid principal balance of the loan purchased plus accrued interest. The authority must require each lender from which the authority purchases, or commits to purchase, a loan to submit evidence satisfactory to the authority that the loan satisfies the conditions of this section and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of a lender to verify that the conditions have been met.

The authority must require the recording of an assignment of each mortgage or secured loan purchased by it from a lender and need not notify the borrower of its purchase of the mortgage or secured loan. The authority is not required to inspect or take possession of the loan documents if the lender from which the loan document is purchased enters into a contract to service the loan and account for it to the authority.

The authority may:

(i)        renegotiate a loan in default, waive a default, or consent to the modification of the terms of a loan;

(ii)    forgive or forbear all or part of a loan;

(iii)    prosecute and enforce a judgment in any action, including but not limited to a foreclosure action;

(iv)    protect or enforce any right conferred upon it by law, or by any loan, contract, or other agreement. In connection with any action, the authority may bid for and purchase collateral or take possession of it, administer it, or pay the principal of and interest on any obligation incurred in connection with the collateral and dispose of and otherwise deal with the property securing the loan in default.

Section 41-43-170.    The authority is authorized may create a guaranty fund, consisting solely of program funds, which may be used to guarantee or insure or purchase insurance for loans of financial institutions to business enterprises which meet the eligibility requirements of Section 41-43-150. Such These funds shall must be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State.

Loans which qualify for a guaranty or insurance under this section must consist of:

(1)    Loans to eligible business enterprises located in distressed areas as defined in Section 41-43-180 for any purpose for which a loan may be made pursuant to Section 41-43-160, including the provision of working capital;

(2)    Loans used to finance export sales or production for export by eligible business enterprises as provided in Section 41-43-190.

Section 41-43-180.    The authority must maintain a list of the most economically distressed areas of the State. Each area must be within or coexistent with the boundaries of one of the forty-six counties. The list must be determined in accordance with criteria set forth in the regulations of the authority. In formulating criteria, the authority must consider, but not be limited to, the following factors: rate of unemployment, per capita income, average wage rate, and chronic nature of economic problems.

Section 41-43-190.    (A)    Upon securing sufficient funds, the authority is directed to develop programs to encourage the export of goods, services, commodities, machinery, equipment, or other personal property to which value is added within the State. So as to assist the exporters in competing for international sales, the authority may use any of its program funds to provide low interest loans, including fixed rate loans, guarantees, insurance, including insurance against political and commercial risks, or other commitments for the benefit of eligible exporters. In furtherance of this direction, the authority may:

(1)    issue:

(a)    direct loans, to eligible exporters; and

(b)    loans to lending institutions in accordance with the provisions of Sections 41-43-160 and 41-43-170.

(2)    provide guarantees or insurance of up to ninety percent for:

(a)    line of credit extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;

(b)    political and commercial risk on loans extended by lending institutions to foreign buyers for the purchase of property or services supplied by eligible exporters from this State;

(c)    loans extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers;

(3)    obtain guarantees and direct loans as the Export-Import Bank of the United States may make available for the purpose of facilitating programs authorized under this section;

(4)    allocate funds to administer the programs authorized under this section; and

(5)    develop and implement other programs as it determines are necessary to improve the export potential for business enterprises located in the State.

In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the State Development Board Division of State Development of the Department of Commerce, or any successor thereto, and allocate available resources in a manner as will ensure that priority consideration is given to the needs of small and medium size businesses.

(B)    In addition to the findings and considerations required under Section 41-43-150, the following conditions must be met before an export transaction qualifies for assistance under this section:

(1)    The goods, services, commodities, machinery, equipment, or other personal property must have value added to it in South Carolina.

(2)    The exporter must be able to demonstrate to the satisfaction of the authority that the transaction complies with the applicable laws of this State, the United States, and the country of destination.

(3)    The exporter and the foreign purchaser must not be related persons as determined pursuant to the provisions of Sections 267(b) and (c) and 707(b) of the Internal Revenue Code, as amended, nor members of the same controlled group of corporations, as defined in Section 1563(a) of the Internal Revenue Code, as amended, (except that 'more than 50 percent' may be substituted for 'at least 80 percent' each place it appears therein), nor may either the exporter or the foreign purchaser otherwise indirectly or constructively own or control the other.

(4)    The foreign purchaser and the country in which it is located must otherwise be acceptable to the authority, taking into account factors such as the history of the trade relationship between the firms in this State and the purchaser or country of destination.

Section 41-43-200.    The authority is authorized to may implement such programs as may be consistent with its purposes for the collection and dissemination of information and data useful to business enterprises in this State. The authority may collect and maintain information and undertake such studies and research programs as it considers necessary to facilitate the economic development and creation of jobs in this State. In connection with these programs, the authority must consult and coordinate its programs with those existing federal and state agencies and private economic development organizations.

Section 41-43-210.    All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of authority. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.

Section 41-43-220.    The authority must not incur any obligations, other than obligations related to administrative expenses, payable out of administrative funds. All other obligations are payable solely from program funds which limitation is clearly stated on the face of any bonds and in the text of any other obligation or contract. However, program funds may be used to pay administrative expenses.

Section 41-43-230.    The authority may dispose of any property acquired by it on terms and conditions considered appropriate. The authority is not required to advertise property or take bids on the property.

Section 41-43-240.    The authority is authorized to may establish profit or not-for-profit corporations as it considers necessary to carry out the purposes of this chapter. Officials or Employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a 'public procurement unit' for purposes of Article 19, Chapter 35 of Title 11.

The authority may make grants or loans to, or make guarantees for, the benefit of any not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of designated by the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to the State of South Carolina.

These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this act and on the terms and conditions imposed by the authority.

Any guarantee made by the authority shall does not create an obligation of the State or its political subdivisions or be a grant or loan of the credit of the State or any political subdivision. Any guarantee issued by the authority must be a special obligation of it. Neither the State nor any political subdivision is liable on any guarantee nor may they be payable out of any funds other than those of the authority and any guarantee issued by the authority shall contain on its face a statement to that effect.

Section 41-43-250.    Any information submitted to or compiled by the authority in connection with the identity, background, finances, marketing plans, trade secrets, or any other commercially sensitive information of persons, firms, associations, partnerships, agencies, corporations, or other entities, is confidential, except to the extent that the person or entity consents to disclosure.

Section 41-43-260.    The authority must be audited annually by the State Auditor or, upon his approval, may execute contracts with an independent certified public accounting firm. The authority must make an annual report to the State Budget and Control Board and General Assembly on its programs and operations. The report must include information regarding the size of the businesses that have received assistance based on the number of employees employed and the amount of gross revenues generated during the preceding year. The report also must include the names of businesses that have received assistance and a good faith estimate of the number of jobs retained or created as a result of the authority's assistance.

Section 41-43-270.    The authority must implement its programs in accordance with regulations promulgated under the provisions of Act 176 of 1977 Article 1, Chapter 23, of Title 1.

Section 41-43-280.    Neither this chapter nor anything contained in this chapter is construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this State, but is construed as cumulative.

Notwithstanding any provision of law or regulation to the contrary, the authority shall continue to be an 'agency' for purposes of Chapter 78 of Title 15, but the authority is not considered an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60.

Section 41-43-290.    If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter."

SECTION    3.Section 13-1-1710 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"Section 13-1-1710.    There is created the Coordinating Council for Economic Development. The membership consists of the Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Bureau of Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman Director of the South Carolina Jobs-Economic Development Authority, the Director of the South Carolina Department of Revenue, and the Chairman of the South Carolina Research Authority. The Secretary of Commerce serves as the chairman of the coordinating council."

SECTION    4.    Section 48-5-30 of the 1976 Code, as added by Act 513 of 1992, is amended to read:

"Section 48-5-30.    There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State Budget and Control Board comprise Subject to the supervision of the Secretary of Commerce, the Director of the Local Government Division of the Department of Commerce comprises the authority."

SECTION    5.    Sections 1-11-25 and 1-11-26 of the 1976 Code are repealed.

SECTION    1.    Chapter 1, Title 24 of the 1976 Code, as last amended by Act 12 of 2003, if further amended to read:

Section 24-1-10.    Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections and Probation or an institution of the Department of Corrections and Probation; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections and Probation.

Section 24-1-20.    It shall be the policy of this State in the operation and management of the Department of Corrections and Probation to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, the former Department of Probation, Parole and Pardon Services, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.

Section 24-1-30.    There is hereby created as an administrative agency of the State government the Department of Corrections and Probation which is comprised of the Division of Corrections, the Division of Probation, Parole and Pardon Services, Prison Industries Subdivision, Jail and Prison Inspection Subdivision, and Youthful Offender Subdivision. The functions of the Department shall be to implement and carry out the policy of the State with respect to its prison system, as set forth in Section 24-1-20, and the policy and functions of the former Department of Probation, Parole and Pardon Services, and the performance of such other duties and matters as may be delegated to it pursuant to law.

Section 24-1-40.    The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240.

Section 24-1-90.    The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.

Section 24-1-100.    The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution and the former Department of Probation, Parole and Pardon Services.

Section 24-1-110.    The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system and the former Department of Probation, Parole and Pardon Services.

Section 24-1-120.    The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.

Section 24-1-130.    The director Division of Corrections shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director division shall manage and control the prison system.

Section 24-1-140.    The director Division of Corrections shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.

Section 24-1-145.    Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections and Probation to transfer or exchange offenders and take any other action necessary to participate in such treaty.

Section 24-1-150.    Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.

Section 24-1-160.    The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals.

Section 24-1-170.    The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.

Section 24-1-210.    The department shall prosecute all violations of the law in reference to the treatment of convicts.

Section 24-1-220.    All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.

Section 24-1-230.    The Department of Corrections and Probation may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.

Section 24-1-250.    The State Department of Corrections and Probation is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections and Probation to maintain and expand the agricultural program subject to the approval of the Budget and Control Board.

Section 24-1-260.    The Department of Corrections and Probation is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program.

Section 24-1-270.    (A)    As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections and Probation, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities.

(B)    It is unlawful for a person to:

(1)    trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or

(2)    incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.

(C)    A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(D)    The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.

Section 24-1-280.    An employee of the South Carolina Department of Corrections and Probation or the South Carolina Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.

SECTION    2.    Chapter 3, Title 24 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:

Section 24-3-20.    (A)    A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date.

(B)    When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1)    the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2)    the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.

(C)    Notwithstanding any other provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.

(D)    Notwithstanding Section 24-13-125, the department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the department to reimburse the victim for the value of the property stolen or damages caused by the offense. If no victim is involved, the person convicted shall contribute to the administration of the program. The department is authorized to promulgate regulations necessary to administer the program.

(E)    If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the department in the administration of the restitution program.

Section 24-3-27.    (A)    The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:

(1)    acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections and Probation;

(2)    form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.

(B)    Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State.

Section 24-3-30.    (A)    Notwithstanding any other provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections and Probation, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a regional, county, or municipal jail or work camp whether maintained by the Department of Corrections and Probation, or some other entity. However, the consent of the officials in charge of any regional, county, or municipal institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections and Probation must be notified by the governing body concerned not less than six months before the closing of a local detention facility which would result in the transfer of those state prisoners confined in the local facility to facilities of the department.

(B)    The department shall consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment.

(C)    Each county or municipal administrator, or the equivalent, having charge of any local detention facilities, upon the department's designating the local facilities as the place of confinement for a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the entity or for other public work. A prisoner assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies. At the expiration or termination of a contract with a nongovernmental agency, all prisoners must be returned to the department or to the legally responsible entity of local government. If a prisoner is not returned by a nongovernmental entity when directed, then habeas corpus lies.

Section 24-3-40.    (A)    Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections and Probation.

The Director of the Department of Corrections and Probation shall deduct the following amounts from the gross wages of the prisoner:

(1)    If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.

(2)    If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410.

(3)    Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections and Probation to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection (4).

(4)    Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(5)    Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(6)    The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection (4).

(B)    The Department Division of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1)    A prisoner released without community supervision must be given his escrowed wages upon his release.

(2)    A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3)    A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department Division of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period.

Section 24-3-50.    The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, shall be deemed an escape from the custody of the Department of Corrections and Probation and punishable as provided in Section 24-13-410.

Section 24-3-60.    The clerks of the courts of general sessions and common pleas of the several counties in this State shall immediately after the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections and Probation of the number of convicts sentenced by the court to imprisonment in the penitentiary. The department, as soon as it receives such notice, shall send a suitable number of guards to convey such convicts to the penitentiary.

Section 24-3-70.    No sum beyond the actual expenses incurred in conveying such convicts to the penitentiary shall be allowed for such services. Such sum shall be paid to the department by the State Treasurer upon the warrant of the Comptroller General.

Section 24-3-80.    The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary.

Section 24-3-81.     No prisoner within the state prison system shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department.

Section 24-3-85.    The director of the prison system shall admit and detain in the Department of Corrections and Probation for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44.

Section 24-3-90.    The director shall receive and safely keep at hard labor, in the prison, all prisoners sentenced to confinement, at hard labor herein, by the authority of the United States, until they shall be discharged agreeably to the laws of the United States.

Section 24-3-93.    No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of watches not exceeding a value of $35.00 and wedding bands. For the purposes of this section jewelry shall include, but is not limited to, rings, bracelets, necklaces, earrings, anklets, nose rings, and any other ornamentation determined by the department to constitute jewelry.

Section 24-3-110.    The State Department of Corrections and Probation may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Public Safety Motor Vehicles and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs, and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and Probation and manufactured by it. The Department of Public Safety Motor Vehicles may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity.

Section 24-3-130.    (A)    The State Department of Corrections and Probation may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section.

(B)    The authorities involved may enter into contracts to implement the provisions of this section.

(C)    Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections and Probation must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections and Probation with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels.

Section 24-3-131.    The Department of Corrections and Probation shall determine whether an agency permitted to utilize convict labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts. In all cases the Department of Corrections and Probation shall be responsible for adequate supervision of the inmates.

Section 24-3-140.    The Director of the Department of Corrections and Probation shall, when called upon by the keeper of the State House and Grounds, furnish such convict labor as he may need to keep the State House and Grounds in good order.

Section 24-3-150.    Any person who has been sentenced to the State Penitentiary, or to the county public works and transferred to the State Penitentiary, may be transferred to the chain gang of the county from which convicted upon request of the county official having charge of such chain gang and with the consent and approval of the State Department of Corrections and Probation.

Section 24-3-160.    Any institution of this State getting convicts from the State Penitentiary by any act or joint resolution of the General Assembly shall be required to pay to the Director of the Department of Corrections and Probation all moneys expended by him for transportation, guarding, clothing and feeding such convicts while working for such institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents per month for the work of each convict so employed.

Section 24-3-170.    Clemson University shall pay to the State Department of Corrections and Probation hire for all convicts used by the college at the rate of six dollars per month and shall pay the cost of clothing, feeding and guarding such convicts while so used and also the transportation of such convicts and guards back and forth from the penitentiary to the university.

Section 24-3-180.    Whenever a convict shall be discharged from the penitentiary, the State Department of Corrections and Probation shall furnish such convict with a suit of common clothes, if deemed necessary, and transportation from the penitentiary to his home or as near thereto as can be done by public conveyances. The cost of such transportation and clothes shall be paid to the State Treasurer, on the draft of the department, countersigned by the Comptroller General.

Section 24-3-190.    The balance in the hands of the State Department of Corrections and Probation at the close of any year, together with all other amounts received or to be received from the hire of convicts or from any other source during the current fiscal year, are appropriated for the support of the penitentiary.

Section 24-3-200.    Prisoners sentenced from one county and subsequently transferred to the jurisdiction of the State Department of Corrections and Probation, may, upon request of the supervisor of another county, be transferred to that county to serve the remainder of the sentence imposed or a part thereof if the director of the department and the prisoner consent in writing to the transfer.

Section 24-3-210.    (A)    The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1)    contact prospective employers;

(2)    secure a suitable residence for use when released on parole or upon discharge;

(3)    obtain medical services not otherwise available;

(4)    participate in a training program in the community or any other compelling reason consistent with the public interest;

(5)    visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

(B)    The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.

(C)    The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.

(D)    The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:

(1)    in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Article 15, Chapter 3, Title 16 if the victim has died;

(2)    the law enforcement agency which employed the arresting officer of the offender; and

(3)    the solicitor in whose circuit the offender was convicted.

Section 24-3-310.    Since the means now provided for the employment of convict labor is inadequate to furnish a sufficient number of convicts with employment it is the intent of this article to:

(1)    further provide more adequate, regular, and suitable employment for the convicts of this State, consistent with proper penal purposes;

(2)    further utilize the labor of convicts for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;

(3)    effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom; and

(4)    provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution.

Section 24-3-315.    The Department of Corrections and Probation shall ensure that inmates participating in any prison industry program pursuant to the Justice Assistance Act of 1984 is on a voluntary basis. The director must determine prior to using inmate labor in a prison industry project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed.

Section 24-3-320.    The State Department of Corrections and Probation may purchase, in the manner provided by law, equipment, raw materials and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convicts in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by this State and the political subdivisions thereof.

Section 24-3-330.    (A)    All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections and Probation, articles or products made or produced by convict labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections and Probation, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products.

(B)    The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division Subdivision of Prison Industries of the Department of Corrections and Probation.

Section 24-3-340.    Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections and Probation unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier.

Section 24-3-350.    The State Department of Corrections and Probation may install dry-cleaning facilities at any institution under its supervision; provided, however, that these facilities shall be used only for cleaning State-owned uniforms of security personnel employed by the Department.

Section 24-3-360.    The State Department of Corrections and Probation shall cause to be prepared, annually, at times it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article. Copies of this catalogue must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the beginning of each fiscal year, the proper official of each office, department, institution, or agency, when required by the Department of Corrections and Probation, shall report to the department estimates for fiscal year of the kind and amount of articles and products reasonably required for the ensuing year, referring in the estimates to the catalogue issued by the department insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections and Probation to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue.

Section 24-3-370.    The articles or products manufactured or produced by convict labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products.

Section 24-3-380.    The State Department of Corrections and Probation shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished, which prices shall be uniform and nondiscriminating to all and shall be as near as the usual market price for such as may be practicable.

Section 24-3-390.    The State Department of Corrections and Probation shall have power and authority to prepare and promulgate rules and regulations which are necessary to give effect to the provisions of this article with respect to matters of administration and procedure respecting it.

Section 24-3-400.    All monies collected by the State Department of Corrections and Probation from the sale or disposition of articles and products manufactured or produced by convict labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated 'Prison Industries Account', and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the State Budget and Control Board, all of which must be under the direction and subject to the approval of the Director of the State Department of Corrections and Probation. The Department of Corrections and Probation shall contribute an amount of not less than five percent nor more than twenty percent of the gross wages paid to inmate workers participating in any prison industry project established pursuant to the Justice Assistance Act of 1984 (P.L. 98-473) and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984 (P.L. 98-473, Title 2, Chapter 14, Section 1404). The Prison Industries Account must never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this article. When, in the opinion of the Director of the Department of Corrections and Probation, the Prison Industries Account has reached a sum in excess of the requirements of this article, the excess must be used by the Department of Corrections and Probation for operating expenses and permanent improvements to the state prison system, subject to the approval of the State Budget and Control Board.

Section 24-3-410.    (A)    It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.

(B)    The provisions of this section do not apply to:

(1)    articles manufactured or produced by persons on parole, probation, or community supervision;

(2)    the production of cattle, hogs, cotton, Turkish tobacco, soybeans, and wheat;

(3)    products sold by the Department of Corrections and Probation made by inmates in the hobbycraft program;

(4)    articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;

(5)    road and street designation signs sold to private developers;

(6)    articles or products made in an adult work activity center established by the Department of Corrections and Probation through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis;

(7)    products sold intrastate or interstate produced by inmates of the Department of Corrections and Probation employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, 'products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall develop guidelines to determine if the work displaces employed workers.

(C)    A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections and Probation, must be applied as provided in Section 24-1-250.

Section 24-3-420.    Any person who wilfully violates any of the provisions of this article other than Section 24-3-410 shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both, in the discretion of the court.

Section 24-3-430.    (A)    The Director of the Department of Corrections and Probation may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes.

(B)    The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and Probation and provide for reasonable access to and egress from the building to establish and operate a facility.

(C)    An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.

(D)    No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.

(E)    Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.

(F)    Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.

(G)    No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.

(H)    The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and Probation and applied as provided under Section 24-3-40.

Section 24-3-510.    Upon the conviction of any person in this State of a crime the punishment of which is death, the presiding judge shall sentence such convicted person to death according to the provisions of Section 24-3-530 and make such sentence in writing. Such sentence shall be filed with the papers in the case against such convicted person and a certified copy thereof shall be transmitted by the clerk of the court of general sessions in which such sentence is pronounced to the Director of the Department of Corrections and Probation not less than ten days prior to the time fixed in the sentence of the court for the execution of it.

Section 24-3-520.    The sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall convey such convicted person to the State Penitentiary at Columbia to deliver him to the Director of the Department of Corrections and Probation not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction.

Section 24-3-530.    (A)    A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections and Probation. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B)    A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.

(C)If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution.

Section 24-3-540.    The Department of Corrections and Probation shall provide a death chamber and all necessary appliances for inflicting such penalty by electrocution and pay the costs thereof out of any funds in its hands. The expense of transporting any such criminal to the State Penitentiary shall be borne by the county in which the offense was committed.

Section 24-3-550.    (A)    To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:

(1)    three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;

(2)    the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;

(3)    a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media;

(4)    the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case; and

(5)    the counsel for the convict and a religious leader. However, the convict may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the convict by blood, adoption, or marriage within the second degree of consanguinity.

(B)    Other than those persons specified in subsection (A), no person is authorized to witness an execution.

(C)    The department shall establish internal policies to govern the selection of media representatives.

(D)    Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.

(E)    For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility.

Section 24-3-560.    The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which such sentence was pronounced. Such certificate shall be filed by the clerk with the papers in the case.

Section 24-3-570.    The body of the person executed shall be delivered to his relatives. If no claim is made by relatives for such body it shall be disposed of as bodies of convicts dying in the State Penitentiary. If the nearest relatives of a person so executed desire that the body be carried to such person's former home, if in the State, the expenses for such transportation shall be paid by the Penitentiary authorities, who shall draw their warrant upon the county treasurer of the county from which such convict came and such county treasurer shall pay such expenses and charge to the item of court expenses.

Section 24-3-710.    The director may investigate any misconduct occurring in the State Penitentiary, provide suitable punishment therefor and execute it and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution. The director may suppress any disorders, riots or insurrections that may take place in the penitentiary and prescribe any and all such rules and regulations as in his judgment are reasonably necessary to avoid any such occurrence.

Section 24-3-720.    In order to suppress any disorders, riots or insurrection among the prisoners, the Director of the Department of Corrections and Probation may require the aid and assistance of any of the citizens of the State.

Section 24-3-730.    If any person, when so required by the Director of the Department of Corrections and Probation, shall neglect or refuse to give such aid and assistance, he shall pay a fine not exceeding fifty dollars.

Section 24-3-740.    Any person so aiding and assisting the Director of the Department of Corrections and Probation shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account.

Section 24-3-750.    If, in suppressing any such disorder, riot or insurrection, any person who shall be acting, aiding or assisting in committing the same shall be wounded or killed, the Director of the Department of Corrections and Probation, the keeper or any person aiding or assisting him shall be held as justified and guiltless.

Section 24-3-760.    In the absence of the Director of the Department of Corrections and Probation, the keeper shall have the same power in suppressing disorders, riots and insurrections and in requiring aid and assistance in so doing that is herein given to the director.

Section 24-3-910.    It is unlawful for a person employed in keeping, taking care of, or guarding a correctional facility or its prisoners to contrive, procure, connive at, or otherwise voluntarily suffer or permit the escape of a prisoner.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.

Section 24-3-920.    The Director of the Department of Corrections and Probation shall offer a reward of one hundred dollars for the capture of each escaped convict.

Section 24-3-930.    All guards, keepers, employees and other officers employed at the Penitentiary shall be exempted from serving on juries and from military or street duty.

Section 24-3-940.    No gambling shall be permitted at any prison, farm or camp where prisoners are kept or worked. Any officer or employee engaging in, or knowingly permitting, gambling at any such prison, farm or camp shall be immediately dismissed.

Section 24-3-950.    It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections and Probation with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections and Probation to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.

Section 24-3-951.    Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits.

Section 24-3-960.    Monies or tokens or things of like nature used as money found in the unlawful possession of a prisoner confined in a penal institution under control of the Department of Corrections and Probation is contraband, and monies or tokens or things of like nature used as money seized must be deposited in a fund maintained by the department and is the property of the fund. This fund must be used to aid drug interdiction efforts undertaken by the department.

Section 24-3-965.    Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner under the jurisdiction of the Department of Corrections and Probation or to a prisoner in a county jail, municipal jail, prison, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner under the jurisdiction of the Department of Corrections and Probation or by a prisoner in any county jail, municipal jail, prison, work camp, or overnight lockup facility must be tried exclusively in magistrate's court."

SECTION    3.    Chapter 9, Title 24 of the 1976 Code, as last amended by Act 388 of 2000, if further amended to read:

Section 24-9-10.    There is hereby established a Jail and Prison Inspection Division Subdivision under the jurisdiction of the Department of Corrections and Probation. The inspectors and such other personnel as may be provided for the division shall be selected by the director of the department.

Section 24-9-20.    The division subdivision shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspections shall include all phases of operation, fire safety, and health and sanitation conditions at the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department Bureau of Health and Environmental Control Programs. The inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department Bureau of Health and Environmental Control Programs shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the chairman of the governing body of the political subdivision having jurisdiction of the facility inspected, the chairman of the governing body of each political subdivision involved in a multi-jurisdictional facility, the administrator, manager, or supervisor for the political subdivision, the responsible sheriff or police chief if he has operational custody of the inspected facility, and the administrator or director of the inspected facility. All reports shall be filed through the Director of the Department of Corrections and Probation.

Section 24-9-30.    (a)    If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections and Probation, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections and Probation shall notify the governing body of the political subdivision responsible for the local confinement facility. A copy of the written reports of the inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.

(b)    If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections and Probation may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.

(c)    The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and Probation and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.

(d)    The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and Probation and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections and Probation, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order.

Section 24-9-35.    If any person dies while being incarcerated in any municipal or county overnight lockup or jail, county prison or state correctional facility, the jailer or any other person physically in charge of the facility at the time death occurs shall immediately notify the coroner of the county in which the institution is located. The jailer or other person in charge shall also report the death and circumstances surrounding it within seventy-two hours to the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation. The division shall retain a permanent record of such reports. Reports shall be made on forms prescribed by the division.

Any person knowingly and willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars.

Section 24-9-40.    In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation shall be provided with architectural plans before construction of any state or local confinement facility. Further, the Jail and Prison Inspection Division Subdivision shall be notified not less than fifteen days prior to the opening of any state or local prison facility so that inspections and reports may be made. Ninety days prior to the closing of any state or local prison facility, the Division Subdivision shall be notified by the officials concerned.

Section 24-9-50.    (A)    Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections and Probation, at the times and in the form required by the department, data and information prescribed by the department:

(1)    for the classification and management of inmates who receive sentences greater than three months; and

(2)    on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.

(B)    Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.

(C)    To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."

SECTION    4.    Chapter 13, Title 24 of the 1976 Code, as last amended by Act 18 of 2003, is further amended to read:

Section 24-13-10.    In all prisons and chain gangs in the State a separation of the sexes shall be at all times observed.

Section 24-13-20.    The sheriffs of this State shall, under the penalty herein provided, arrest in their respective counties, with or without a warrant, all escaped convicts from the State Penitentiary or from the chain gang or jails found in their respective counties. Upon any such arrest any such sheriff shall immediately notify the proper authority from whose care such convict escaped. Upon any willful neglect or failure on the part of any such sheriff to comply with the provisions of this section he shall be guilty of a misdemeanor and, upon conviction, be fined in a sum of not more than five hundred dollars nor less than one hundred dollars or be imprisoned for not more than six months or be both fined and imprisoned, at the discretion of the court.

Section 24-13-30.    Any person officially charged with the safekeeping of prisoners, when such prisoners are awaiting trial in general sessions court or have been sentenced and confined in any State, county or municipal penal facility, may use such force as is necessary to prevent the escape of a prisoner lawfully in his custody without regard to whether such prisoner is charged with or convicted of a felony or misdemeanor.

Section 24-13-40.    The computation of the time served by prisoners under sentences imposed by the courts of this State shall be reckoned from the date of the imposition of the sentence. But when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served shall be reckoned from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense.

Section 24-13-50.    Every municipal and county official responsible for the custody of persons convicted of any criminal offense shall on or before the fifth day of each month file with the Department of Corrections and Probation Division of Corrections a written report stating the name, race, age, criminal offense and date and length of sentence of all prisoners in their custody during the preceding month.

Section 24-13-60.    The Department of Corrections and Probation Division of Corrections shall automatically screen all offenders committed to its agency for non-violent offenses with sentences of five years or less for possible placement on work release or supervised furlough.

Section 24-13-65.    The Department of Corrections and Probation Division of Corrections shall provide prisoners not otherwise engaged in a useful prison occupation for litter control projects proposed by counties and municipalities.

Section 24-13-80.    (A)    As used in this section:

(1)    'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.

(2)    'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.

(3)    'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.

(4)    'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.

(5)    'Director' means the agency head of the Department of Corrections and Probation.

(B)    The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1)    repay the costs of:

(a)    public property wilfully damaged or destroyed by the inmate during his incarceration;

(b)    medical treatment for injuries inflicted by the inmate upon himself or others;

(c)    searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or

(d)    quelling a riot or other disturbance in which the inmate is unlawfully involved;

(2)    defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.

(C)    All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

(D)    The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility.

Section 24-13-100.    For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.

Section 24-13-125.    (A)    Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense", as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

Section 24-13-150.    (A)    Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a "no parole offense" as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

Section 24-13-175.    Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year.

Section 24-13-210.    (A)    A prisoner convicted of an offense against this State, except a "no parole offense" as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections and Probation Division of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B)    A prisoner convicted of a "no parole offense" against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections and Probation Division of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(C)    A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections and Probation Division of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)    Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.

(F)    No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

Section 24-13-220.    The provisions of Section 24-13-210 shall also apply when a portion of a sentence which has been imposed is suspended. Credits earned for good conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided.

Section 24-13-230.    (A)    The Director of the Department of Corrections and Probation may allow any prisoner in the custody of the department, except a prisoner convicted of a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(B)    The Director of the Department of Corrections and Probation may allow a prisoner in the custody of the department serving a sentence for a "no parole offense" as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.

(C)    No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Corrections and Probation Division of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)    The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(E)    The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(F)(1)    An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2)    The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(G)    The South Carolina Department of Corrections and Probation may not pay any tuition for college courses.

Section 24-13-235.     Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official in charge of county correctional facilities to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways. The confinement of the person must be reduced by one day for every eight hours of labor on the public works or ways performed by the person. As used in this section, "labor on the public works or ways" means manual labor to improve or maintain public facilities, including, but not limited to, streets, parks, and schools.

The governing body of the county may prescribe reasonable regulations under which such labor is to be performed and may provide that such persons wear clothing of a distinctive character while performing such work.

Nothing contained in this section may be construed to require the sheriff or other such official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such assignment. A person is eligible for supervised work under this section only if the sheriff or other such official concludes that the person is a fit subject therefor.

If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.

The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay.

Section 24-13-260.    Any officer having charge of any such convict who shall refuse to allow such deduction in time of serving sentence shall be guilty of a misdemeanor and shall, upon conviction, suffer imprisonment for not less than thirty days or pay a fine of not less than one hundred dollars.

Section 24-13-410.    (A)    It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(B)    A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.

(C)    The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State.

Section 24-13-420.    A person who knowingly harbors or employs an escaped convict, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

Section 24-13-430    (1)    Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that conspires with any other inmate to incite such inmate to riot or commit any other acts of violence shall be deemed guilty of a felony and upon conviction shall be sentenced in the discretion of the court.

(2)    Any inmate of the Department of Corrections and Probation, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and upon conviction shall be imprisoned for not less than five years nor more than ten years.

Section 24-13-440.    It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections and Probation facility or other place of confinement.

A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.

Section 24-13-450.    An inmate of a state, county, or city correctional facility or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason whatsoever shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than five years nor more than thirty years. This sentence shall not be served concurrently with any sentence being served at the time the offense is committed.

Section 24-13-460.    It shall be unlawful for any person in this State to furnish any prisoner in a jail or on a chain gang any alcoholic beverages or narcotic drugs. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of five hundred dollars or imprisonment for six months or both.

Section 24-13-470.    (A)    An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility, a state or local law enforcement officer, a visitor of a correctional facility, or any other person authorized to be present in a correctional facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids.

(B)    A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.

(C)    This section does not apply to a person who is a 'patient' as defined in Section 44-23-10(3).

Section 24-13-640.    Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections and Probation Division Subdivision of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections and Probation may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.

Section 24-13-650.    No offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3, Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.

Section 24-13-660.    (A)    A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.

(B)    No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.

(C)    The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.

(D)    The South Carolina Department of Corrections and Probation may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A jail or camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances.

(E)    It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.

(F)    Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections and Probation within its own facilities or on its own property, or by any jail or camp within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections and Probation from escorting and supervising any inmate for a public purpose when the department provides its own security.

Section 24-13-710.    The Department of Corrections and Probation and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, and guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a "no parole offense" as defined in Section 24-13-100, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two department shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments guidelines shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department Division of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:

(1)    maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;

(2)    demonstrate to Department Division of Corrections' officials a general desire to become a law-abiding member of society;

(3)    satisfy any other reasonable requirements imposed upon him by the Department of Corrections and Probation;

(4)    have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5)    have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections and Probation shall notify victims pursuant to Article 15, Chapter 3, Title 16 as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.

These requirements do not apply to the crimes referred to in this section.

Section 24-13-720.    Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections and Probation who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program.

Section 24-13-730. Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20, 16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90, 17-25-140, 17-25-145, 17-25-150, 17-25-160, 20-7-1350, 24-3-40, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170, 24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-210, 24-13-230, 24-13-610, 24-13-640, 24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930, 24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475, 24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650, 24-23-115, and 42-1-505 or any change in any existing program may only be implemented to the extent that appropriations for such programs have been authorized by the General Assembly.

Section 24-13-910.    Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections and Probation, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in local correctional facilities, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.

Section 24-13-915.    Wherever in the Code of Laws of South Carolina, 1976, reference is made to a local correctional facility, it shall mean a county or municipal correctional facility.

Section 24-13-920.    If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, pursuant to Section 24-13-950, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.

Section 24-13-930.    The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct in the following order:

(a)    any amount the inmate may be legally obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;

(b)    any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;

(c)    not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.

Section 24-13-940.    The official administering the work/punishment program may contract with the South Carolina Department of Corrections and Probation or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official.

Section 24-13-950.    The Department of Corrections and Probation shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections and Probation shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:

(1)    voluntary work programs established pursuant to Section 24-13-235; and

(2)    local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and

(3)    local public work programs pursuant to Section 17-25-70.

Section 24-13-1310.    As used in this article:

(1)    'Eligible inmate' means a person committed to the South Carolina Department of Corrections and Probation:

(a) who has not reached the age of thirty years at the time of admission to the department;

(b) who is eligible for release on parole in two years or less;

(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100;

(d)    who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e)    who physically is able to participate in the program.

(2)    'Shock incarceration program' means a program pursuant to which eligible inmates are ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.

(3)    'Director    means the Director of the Department of Corrections and Probation.

Section 24-13-1320.    (A)    The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.

(B)    A program may be established only at an institution classified by the director as a shock incarceration facility.

(C)    The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met

Section 24-13-1330.    (A)    A court may order that an 'eligible inmate' be sentenced to the 'Shock Incarceration Program'. If an 'eligible inmate' is sentenced to the 'Shock Incarceration Program' he must be transferred to the custody of the department for evaluation.

(B)    The department must evaluate the inmate to determine whether the inmate is physically, psychologically, and emotionally able to participate in this program.

(C)    The director shall notify the court within fifteen working days if the inmate is physically, psychologically, or emotionally unsuitable for participation in the "Shock Incarceration Program". An unsuitable inmate must be returned to court for sentencing to another term as provided by law.

(D)    An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:

'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence'.

(E)    An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.

(F)    Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program.

Section 24-13-1510.    This article is known and may be cited as the 'Home Detention Act'.

Section 24-13-1520.    As used in this article:

(1)    'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections and Probation, and any other law enforcement agency created by law.

(2)    'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections and Probation.

(3)    'Approved electronic monitoring device' means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home.

An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550.

An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.

(4)    'Home detention' means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department.

(5)    'Participant' means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community.

Section 24-13-1530.    (A)    Notwithstanding another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1)    pretrial or preadjudicatory detention;

(2)    probation (intensive supervision);

(3)    community corrections (diversion);

(4)    parole (early release);

(5)    work release;

(6)    institutional furlough;

(7)    jail diversion; or

(8)    shock incarceration.

(B)    Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections and Probation. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30.

Section 24-13-1540.    If a department desires to implement a home detention program it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:

(1)    hours in employment approved by the department or traveling to or from approved employment;

(2)    time seeking employment approved for the participant by the department;

(3)    medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;

(4)    attendance at an educational institution or a program approved for the participant by the department;

(5)    attendance at a regularly scheduled religious service at a place of worship; or

(6)    participation in a community work release or community service program approved by the department.

Section 24-13-1550.    The participant shall admit a person or agent designated by the department into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.

The participant shall make the necessary arrangements to allow for a person designated by the department to visit the participant's place of education or employment at any time, upon approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.

Section 24-13-1560.    The participant shall use an approved electronic monitoring device if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person.

Section 24-13-1570.    (A)    The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540.

(B)    Notice must be given to the participant by the department that violation of the order for home detention subjects the participant to prosecution for the crime of escape as a misdemeanor, that commission of another crime revokes the order for home detention, and that if there is a violation or commission, the court shall sentence him to imprisonment.

(C)    The participant shall abide by other conditions set by the department.

(D)    The victim of the participant's crime, or his immediate family, must be provided the opportunity of oral or written input and comment to the department or court, or both, regarding the participant's home detention sentence.

Section 24-13-1580.    Before entering an order for commitment for electronic home detention, the court shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by:

(1)    securing the written consent of the participant in the program to comply with the regulations of the program as stipulated in Section 24-13-1540 and the requirements of this article;

(2)    securing, upon request of the department, the written consent of other adult persons residing in the home of the participant at the time an order or commitment for electronic home detention is entered and acknowledgment that they understand the nature and extent of approved electronic monitoring devices; and

(3)    insuring that the approved electronic devices are minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with Sections 24-13-1550 and 24-13-1560.

Section 24-13-1590.    Nothing in this article:

(1)    applies to a person, regardless of age, who violates, or is awaiting trial on charges of violating, the illicit narcotic drugs and controlled substances laws of this State which are classified as Class A, B, or C felonies or which are classified as an exempt offense by Section 16-1-10(D) and provide for a maximum term of imprisonment of twenty years or more; or

(2)    diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Corrections and Probation, Parole, and Pardon Services to regulate or impose conditions for probation, parole, or community supervision.

Section 24-13-1910. There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections and Probation to treat and rehabilitate alcohol and drug offenders. The Department Office of Alcohol and Other Drug Abuse Services in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections and Probation has primary responsibility for the maintenance and security of the offenders. The Department of Corrections and Probation may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least seven hundred fifty beds. The centers established under this section must be fully operational by January 1, 1997.

Section 24-13-1920.    The Department Office of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a center for alcohol and drug rehabilitation established pursuant to Section 24-13-1910. The Department Office of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.

Section 24-13-1930.    A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a center for alcohol and drug rehabilitation. The Department of Corrections and Probation, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the center for alcohol and drug rehabilitation.

Section 24-13-1940.    For the Department of Corrections and Probation to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Office of Alcohol & Other Drug Abuse Services to:

(1)    develop policies and procedures for the operation of the center for alcohol and drug rehabilitation;

(2)    fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a center for alcohol and drug rehabilitation;

(3)    lease buildings;

(4)    develop standards for alcohol and drug abuse counseling for offenders sentenced to a center for alcohol and drug rehabilitation;

(5)    develop standards for disciplinary rules to be imposed on residents of a center for alcohol and drug rehabilitation.

Section 24-13-1950.    Upon release from a center for alcohol and drug rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender.

Section 24-13-2110.    To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections and Probation shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections and Probation shall coordinate efforts in this matter with the Bureau of Employment Security Commission, Department of Probation, Parole and Pardon Services, and the Department Bureau of Vocational Rehabilitation, both in the Department of Health and Human Services, Division of Human Services, Alston Wilkes Society, and other private sector entities.

Section 24-13-2120.    The Department of Corrections and Probation, Probation, Parole and Pardon Services, the Department Bureau of Vocational Rehabilitation, the Bureau of Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.

Section 24-13-2130.    The memorandum of understanding between the South Carolina Department of Corrections and Probation, Probation, Parole and Pardon Services, the Department Bureau of Vocational Rehabilitation, the Bureau of Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:

(1)    ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and life skills assessments as may be appropriate;

(2)    developing skills enhancement programs for inmates, as appropriate;

(3)    coordinating job referrals and related services to inmates prior to release from incarceration;

(4)    encouraging participation by inmates in the services offered;

(5)    developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;

(6)    identifying and facilitating other transitional services within both governmental and private sectors;

(7)    surveying employment trends within the State and making proposals to the Department of Corrections and Probation regarding potential vocational training activities.

Section 24-13-2140.    The Department of Corrections and Probation shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections and Probation shall:

(1)    develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;

(2)    obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;

(3)    disseminate information about the services throughout the State;

(4)    provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;

(5)    provide inmates of the Department of Corrections and Probation information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department Office of Alcohol and Other Drug Abuse Services, and the Department Office of Mental Health, both in the Department of Health and Human Services, Division of Health Services, Bureau of Behavioral Health Services, and the Office of Veterans Affairs Division, Office of the Governor;

(6)    prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 24-13-2120;

(7)    negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."

SECTION    5.    Chapter 19, Title 24 of the 1976 Code, as last amended by Act 10 of 2003, if further amended to read:

Section 24-19-10.    As used herein:

(a)    'Department    means the Department of Corrections and Probation.

(b)    'Division' means the Youthful Offender Division Subdivision.

(c)    'Director' means the Director of the Department of Corrections and Probation.

(d)    'Youthful offender' means an offender who is:

(i)    under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years, or

(ii)    who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.

(e)    'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, this may also include vocational and other training deemed fit and necessary by the Division Subdivision.

(f)    'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty or plea of nolo contendere to a criminal charge where the imprisonment may be at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment.

Section 24-19-20.    There is hereby created within the Department of Corrections and Probation a Youthful Offender Division Subdivision. The division subdivision shall be staffed by appointees and designees of the Director of the Department of Corrections. The staff members shall be delegated such administrative duties and responsibilities as may be required to carry out the purpose of this chapter.

Section 24-19-30.    The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter.

Section 24-19-40.    The division shall adopt such rules as the South Carolina Department of Corrections and Probation approves and promulgate them as they apply directly or indirectly to its procedure.

Section 24-19-50.    In the event of a conviction of a youthful offender the court may:

(1)    suspend the sentence and place the youthful offender on probation;

(2)    release the youthful offender to the custody of the division before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department Bureau of Vocational Rehabilitation and the Department of Corrections and Probation and the findings and recommendations for sentencing must be returned with the youthful offender to the court for sentencing;

(3)    if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing;

(4)    if the court finds that the youthful offender will not derive benefit from treatment, may sentence the youthful offender under any other applicable penalty provision. The youthful offender must be placed in the custody of the department;

(5)    not sentence a youthful offender more than once under this chapter.

Section 24-19-60.    Youthful offenders shall undergo treatment in minimum security institutions, including training schools, hospitals, farms, forestry and other camps, including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment.

The director, as far as is advisable and necessary, shall designate, set aside and adopt institutions and agencies under the control of the department and the division for the purpose of carrying out the objectives of this chapter. The director may further maintain a cooperative program with the Department Bureau of Vocational Rehabilitation involving the operation of reception and evaluation centers, utilizing funds and staffing services of the department which are appropriate for matching with Federal Vocational Rehabilitation funds.

Insofar as practical and to the greatest degree possible, such institutions, facilities and agencies shall be used only for the treatment of committed youthful offenders, and such youthful offenders shall be segregated from other offenders, and classes of committed youthful offenders shall be segregated according to their needs for treatment.

Section 24-19-70.    Facilities for the Division are to be provided from facilities of the Department.

Section 24-19-80.    The director may establish agreements with the Department Bureau of Vocational Rehabilitation for the operation of reception and evaluation centers. The reception and evaluation centers shall make a complete study of each committed youthful offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The reception and evaluation center shall forward to the director and to the division subdivision a report of its findings with respect to the youthful offender and its recommendations as to his treatment. At least one member of the division shall, as soon as practicable after commitment, interview the youthful offender, review all reports concerning him and make such recommendations to the director and to the division subdivision as may be indicated.

Section 24-19-90.    On receipt of the report and recommendations from the Reception and Evaluation Center and from the members of the division, the director may:

(a)    recommend to the division subdivision that the committed youthful offender be released conditionally under supervision; or

(b)    allocate and direct the transfer of the committed youthful offender to an agency or institution for treatment; or

(c)    order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public.

Section 24-19-100.    The director may transfer at any time a committed youthful offender from one agency or institution to any other agency or institution.

Section 24-19-110.    The division subdivision may at any time after reasonable notice to the director release conditionally under supervision a committed youthful offender. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision he shall so report and recommend to the division.

The division subdivision may regularly assess a reasonable fee to be paid by the youthful offender who is on conditional release to offset the cost of his supervision.

The division subdivision may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release.

Section 24-19-120.    A youthful offender shall be released conditionally under supervision on or before the expiration of four years from the date of his conviction and shall be discharged unconditionally on or before six years from the date of his conviction.

Section 24-19-130.    The Division Subdivision may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge.

Section 24-19-140.    Committed youthful offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of supervisory agents appointed by the Division Subdivision. The Division Subdivision is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Division Subdivision.

Section 24-19-150.    If, at any time before the unconditional discharge of a committed youthful offender, the Division Subdivision is of the opinion that such youthful offender will be benefited by further treatment in an institution or other facility any member of the Division Subdivision may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youthful offender and cause such warrant to be executed by an appointed supervisory agent, or any policeman. Upon return to custody, such youthful offender shall be given an opportunity to appear before the Division Subdivision or a member thereof. The Division Subdivision may then or at its discretion revoke the order of conditional release.

Section 24-19-160.    Nothing in this chapter limits or affects the power of a court to suspend the imposition or execution of a sentence and place a youthful offender on probation.

Nothing in this chapter may be construed to amend, repeal, or affect the jurisdiction of the Department of Corrections and Probation, Parole, and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years."

SECTION    6.    Chapter 21, Title 24 of the 1976 Code, as last amended by Act 273 of 2002, is further amended to read:

Section 24-21-10.    (A)    The Department of Corrections and Probation, Parole, and Pardon Services, Division of Probation, Parole and Pardon Services hereafter referred to as the "department" 'division', is governed by the director of the department. The director must be appointed by the Governor with the advice and consent of the Senate.

(B)    The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy pursuant to Section 1-3-210. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.

(C)    The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists.

Section 24-21-11.    The director and members of the board shall be subject to removal by the Governor pursuant to the provisions of Section 1-3-240.

Section 24-21-12.    The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.

Section 24-21-13.    (A)    It is the duty of the director to oversee, manage, and control the department division. The director shall develop written policies and procedures for the following:

(1)    the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2)    the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole, and Pardon Services division. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;

(3)    the operation of community-based correctional programs; and

(4)    the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.

(B)    It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law.

Section 24-21-30.    (A)    A person who commits a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B)    The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.

Nothing in this subsection may be construed to allow any person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole.

Section 24-21-40.    The Board shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.

Section 24-21-50.    The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.

Section 24-21-55.    The Department Division of Probation, Parole and Pardon Services shall receive a hearing fee under a plan approved by the Budget and Control Board.

Section 24-21-60.    Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department Division, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department Division of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.

Section 24-21-70.    The Director of the Department of Corrections and Probation, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board or the director and furnish it to them upon request.

Section 24-21-80.    An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department Division of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department division shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department division, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation.

If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department division based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department division, carried forward, and applied to the department's division's operation. The department division may exempt any individual supervised by the department

division on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department division determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department division may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.

Section 24-21-85.    Every person placed on electronic monitoring must be assessed a fee to be determined by the Department Division of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department division and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department division to support the electronic monitoring program and carried forward for the same purpose.

Section 24-21-90.    Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board and deposited in the state treasury.

Section 24-21-220.    The director is vested with the exclusive management and control of the department division and is responsible for the management of the department division and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department division and it is the duty of the director to carry out the policies of the department division. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's division's activities.

Section 24-21-221.    The director must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons:

(1)    any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members of his immediate family to the extent practicable;

(2)    the solicitor who prosecuted the prisoner or his successor in the jurisdiction in which the crime was prosecuted; and

(3)    the law enforcement agency that was responsible for the arrest of the prisoner concerned.

Section 24-21-230.    The director must employ probation agents required for service in the State and clerical assistants as necessary. The probation agents must take and pass psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted to them.

Section 24-21-235.    The Department Division of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.

Section 24-21-237.    Meals may be provided to employees of the department division who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency.

Section 24-21-240.    Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court.

Section 24-21-250.    The probation agents must be paid salaries, to be fixed by the department division, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the director.

Section 24-21-260.    Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director may determine.

Section 24-21-270.    The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent.

Section 24-21-280.    (A)    A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.

(B)    A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department division, and the board.

Section 24-21-290.    All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the director.

Section 24-21-300.     At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation.

Section 24-21-410.    After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency.

Section 24-21-420.    When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical and mental examination of the defendant. When the services of a probation agent are available to the court, no defendant charged with a felony and, unless the court shall direct otherwise in individual cases, no other defendant may be placed on probation or released under suspension of sentence until the report of such investigation has been presented to and considered by the court.

Section 24-21-430.    The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions.

The probationer shall:

(1)    refrain from the violations of any state or federal penal laws;

(2)    avoid injurious or vicious habits;

(3)    avoid persons or places of disreputable or harmful character;

(4)    permit the probation agent to visit at his home or elsewhere;

(5)    work faithfully at suitable employment as far as possible;

(6)    pay a fine in one or several sums as directed by the court;

(7)    perform public service work as directed by the court;

(8)    submit to a urinalysis or a blood test or both upon request of the probation agent;

(9)    submit to curfew restrictions;

(10)    submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;

(11)    submit to intensive surveillance which may include surveillance by electronic means;

(12)    support his dependents; and

(13)    follow the probation agent's instructions and advice regarding recreational and social activities.

Section 24-21-440.    The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit.

Section 24-21-450.    At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any police officer or other agent with power of arrest, upon the request of the probation agent, may arrest a probationer. In case of an arrest, the arresting officer or agent must have a written warrant from the probation agent setting forth that the probationer has, in his judgment, violated the conditions of probation, and such statement shall be warrant for the detention of such probationer in the county jail or other appropriate place of detention, until such probationer can be brought before the judge of the court or of the court within the venue of which the violation occurs. Such probation agent must forthwith report such arrest and detention to the judge of the court, or of the court within the venue of which the violation occurs, and submit in writing a report showing in what manner the probationer has violated his probation. Provided, that any person arrested for the violation of the terms of probation must be entitled to be released on bond pending a hearing, and such bond shall be granted and the amount thereof determined by a magistrate in the county where the probationer is confined or by the magistrate in whose jurisdiction the alleged violation of probation occurred.

Section 24-21-460.    Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired.

Section 24-21-480.    The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board may place a prisoner in a restitution center as a condition of parole. The department division, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department division.

The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.

The offender must deliver his salary to the restitution center staff who must distribute it in the following manner:

(1)    restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2)    payment of child support or alimony or other sums as ordered by a court;

(3)    payment of any fines or court fees due;

(4)    payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department division with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;

(5)    payment of any costs incurred while in the restitution center;

(6)    if available, fifteen dollars per week for personal items.

The remainder must be deposited and given to the offender upon his discharge.

The offender must be in the restitution center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days.

Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No person must be made ineligible for this program by reason of gender.

Section 24-21-485.    In order for the department division to establish and maintain restitution centers, the director may:

(1)    develop policies and procedures for the operation of restitution centers;

(2)    fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for management of restitution centers;

(3)    lease buildings;

(4)    develop standards for disciplinary rules to be imposed on residents of restitution centers;

(5)    develop standards for the granting of emergency furloughs to participants.

Section 24-21-490.    (A)    The Department of Probation, Parole and Pardon Services division shall collect and distribute restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.

(B)    Notwithstanding Section 14-17-725, the department shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The department shall maintain individual restitution accounts that reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section.

(C)    The department division may retain the collection fees described in subsection (B) and expend the fees for the purpose of collecting and distributing restitution. Unexpended funds at the end of each fiscal year may be retained by the department division and carried forward for use for the same purpose by the department division.

Section 24-21-510.    The department division shall develop and operate a comprehensive community control system if the General Assembly appropriates sufficient funds. The system shall include community control centers and sentencing options as a condition of probation, and utilize all sentencing options set forth in Chapter 21 of Title 24.

Section 24-21-540.    The department division shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center.

Section 24-21-550.    A probation term ordered to end upon the payment of fines, court costs, assessments, and restitution must continue until the clerk of court certifies in writing that all monies have been paid, or the probation term has expired, or the expiration of probation has been changed by a subsequent order.

Section 24-21-560.    (A)    Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any sentence for a "no parole offense" as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services division. No prisoner who is serving a sentence for a 'no parole offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.

(B)    A community supervision program operated by the Department of Probation, Parole, and Pardon Services division must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department division based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department division. The department division must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.

(C)    If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:

(1)    the terms of the community supervision program are fair and reasonable;

(2)    the prisoner has complied with the terms of the community supervision program;

(3)    the prisoner should continue in the community supervision program under the current terms;

(4)    the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5)    the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.

(D)    If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department division pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.

(E)    A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.

(F)    The Department Division of Corrections must notify the Department Division of Probation, Parole, and Pardon Services of the projected release date of any inmate serving a sentence for a "no parole offense" one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department Division of Corrections immediately must notify the Department Division of Probation, Parole, and Pardon Services.

(G)    Victims registered pursuant to Article 15, Chapter 3, Title 16 and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' is to be released must be notified by the Department Division of Probation, Parole, and Pardon Services when the prisoner is released to a community supervision program.

Section 24-21-610.    In all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1)    sentenced for not more than thirty years has served at least one-third of the term;

(2)    sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.

If after January 1, 1984, the Board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Sections 16-3-20 and 16-11-330, and subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the Board may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist.

Section 24-21-615.    The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.

Section 24-21-620.    Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination.

Section 24-21-630.    For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit for time served in prison in excess of three months while awaiting trial or between trials.

Section 24-21-635.    For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.

Section 24-21-640.    The board must carefully consider the record of the prisoner before, during and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him. The board must establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner must, as often as may be required, render a written report to the board giving that information as may be required by the board which must be confirmed by the person in whose employment the prisoner may be at the time. The board must not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses must be treated for purposes of this section as one offense.

Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30.

Section 24-21-645.    The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act.

Section 24-21-650.    The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole.

Section 24-21-660.    Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated.

Section 24-21-670.    Any prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as may be provided for by law.

Section 24-21-680.    Upon failure of any prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. The board shall be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be allowed; provided, that any person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board. No bond shall be granted except by the presiding or resident judge of the circuit wherein the prisoner is arrested, or, if there be no judge within such circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof.

Section 24-21-690.    Any person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, be treated as if he had served the entire term for which he was sentenced.

Section 24-21-700.    Any prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such prisoner to a Veterans Administration Hospital. Such a special parole shall be granted in the sole discretion of the Board and, when so paroled, a prisoner shall be transferred directly from his place of confinement to a Veterans Administration Hospital which provides psychiatric care. When any prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall not be returned to penal custody except for a subsequent violation of the conditions of his parole.

Section 24-21-710.    (A)    Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.

(B)    Upon receipt of the notice required by law, the following people may submit electronic information:

(1)    the victim of the crime for which the prisoner has been sentenced;

(2)    the prosecuting solicitor's office; and

(3)    the person whose parole is being considered.

(C)    The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following:

(1)    identification of each voice heard and each person seen;

(2)    a visual or aural statement of the date the information was recorded; and

(3)    the name of the person whose parole eligibility is being considered.

(D)    If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E)The Department of Corrections and Probation may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.

(F)    Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.

(G)    The director of the Department of Corrections and Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H)    The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board.

Section 24-21-810. This article may be cited as the 'Uniform Act for Out-of-State Parolee Supervision.'

Section 24-21-820.    The Governor of this State having, pursuant to the authority granted him by Act No. 686 of 1948 (Acts 1948, p. 1749), executed a compact on behalf of the State of South Carolina with certain of the United States legally joining therein in the form herein set forth, such compact shall have full force and effect of law in this State and the proper officers and judicial and administrative authorities of this State shall enforce and carry out the provisions of such compact, which is in terms as follows:

A COMPACT

Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes." The contracting states solemnly agree:

(1)    That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state"), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if

(a)    Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;

(b)    Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.

A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.

(2)    That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.

(3)    That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

(4)    That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.

(5)    That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.

(6)    That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

(7)    That this compact shall continue in force and remain binding upon such executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.

Section 24-21-830.    The word 'state' as used in Section 24-21-820 means any one of the several states, the Commonwealth of Puerto Rico, the Virgin Islands, or the District of Columbia.

Section 24-21-910.    The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board.

Section 24-21-920.    In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be vested in the Board.

Section 24-21-930.    An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights.

Section 24-21-940.    A.        'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided.

B.    'Successful completion of supervision' as used in this article shall mean free of conviction of any type other than minor traffic offenses.

Section 24-21-950.    (A)    The following guidelines must be utilized by the board when determining when an individual is eligible for pardon consideration.

(1)    Probationers must be considered upon the request of the individual anytime after discharge from supervision.

(2)    Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.

(3)    Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.

(4)    An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

(5)    The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.

(B)    Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.

Section 24-21-960.    (A)    Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department towards the pardon process.

(B)    Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee.

Section 24-21-970.    Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.

Section 24-21-980.    Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.

Section 24-21-990.    A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:

(1)    register to vote;

(2)    vote;

(3)    serve on a jury;

(4)    hold public office, except as provided in Section 16-13-210;

(5)    testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;

(6)    not have his testimony excluded in a legal proceeding if convicted of perjury; and

(7)    be licensed for any occupation requiring a license.

Section 24-21-1000.    For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored.

Section 24-21-1100.    This article may be cited as the 'Interstate Compact for Adult Offender Supervision'.

Section 24-21-1105.    The purpose of this compact and the Interstate Commission created under it, through means of joint and cooperative action among the compacting states, is to:

(1)    promote public safety by providing adequate supervision in the community of adult offenders who are subject to the compact;

(2)    provide a means for tracking offenders subject to supervision under this compact;

(3)    provide a means of transferring supervision authority in an orderly and efficient manner;

(4)    provide a means of returning offenders to the originating jurisdictions when necessary;

(5)    provide a means for giving timely notice to victims of the location of offenders subject to supervision under this compact;

(6)    distribute the costs, benefits, and obligations of this compact equitably among the compacting states;

(7)    establish a system of uniform data collection for offenders subject to supervision under this compact and to allow access to information by authorized criminal justice officials;

(8)    monitor compliance with rules established under this compact; and

(9)    coordinate training and education regarding regulations relating to the interstate movement of offenders, for officials involved in this activity.

Section 24-21-1110.    As used in this compact, unless the context clearly requires a different construction:

(A)    'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(B)    'By-laws' mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.

(C)    'Compact administrator' means the individual in each compacting state appointed to administer and manage the state's supervision and transfer of offenders subject to the terms of this compact and the rules adopted by the Interstate Commission.

(D)    'Compacting state' means any state which has enacted the enabling legislation for this compact.

(E)    'Commissioner' means the voting representative of each compacting state appointed pursuant to Section 24-21-1120 and this compact.

(F)    'Interstate Commission' means the Interstate Commission for Adult Offender Supervision.

(G)    'Member' means the commissioner of a compacting state or designee, who must be a person officially connected with the commissioner.

(H)    'Noncompacting state' means a state which has not enacted the enabling legislation for this compact.

(I)    'Offender' means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of a court, paroling authority, corrections, or other criminal justice agency.

(J)    'Person' means any individual, corporation, business enterprise, or other legal entity, either public or private.

(K)    'Rules' means acts of the Interstate Commission, promulgated pursuant to Section 24-21-1160 of this compact, substantially affecting interested parties in addition to the Interstate Commission, which have the force and effect of law in the compacting states.

(L)    'State' means a state of the United States, the District of Columbia, and any territorial possession of the United States.

(M)    'State Council' means the resident members of the state council for Interstate Adult Offender Supervision created by each state under Section 24-21-1120.

Section 24-21-1120.    (A)    The compacting states hereby create the " Interstate Commission for Adult Offender Supervision". The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties contained in this article, including the power to sue and be sued, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(B)(1)    The Interstate Commission shall consist of commissioners selected and appointed by the compacting states. The Governor shall appoint as commissioner from the State of South Carolina the Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services, or his designee. The commissioner, acting jointly with similar officers appointed in other states, shall promulgate rules and regulations necessary to effectively carry out the terms of this compact.

(2)    The Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services, or his designee, must serve as Compact Administrator for the State of South Carolina.

(3)    The Director of the South Carolina Department of Corrections and Probation, Parole and Pardon Services must establish a state council for Interstate Adult Offender Supervision. The membership of the state council must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and compact administrators. The state council shall act as an advisory body to the commissioner regarding the activities of the state's interstate compact office, engage in advocacy activities concerning the state's participation in interstate commission activities, and perform other duties determined by the commissioner.

(C)    In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the National Organization of Governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio nonvoting members. The Interstate Commission may provide in its by-laws for additional ex-officio nonvoting members as it considers necessary.

(D)    Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.

(E)    The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(F)    The Interstate Commission shall establish an Executive Committee which shall include commission officers, members, and others as shall be determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of making rules and amendments to the compact. The Executive Committee shall oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff. It shall administer enforcement and compliance with the provisions of the compact, its by-laws, and as directed by the Interstate Commission and perform other duties as directed by the commission or set forth in the by-laws.

Section 24-21-1130.    The Interstate Commission shall have the following powers:

(1)    to adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;

(2)    to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3)    to oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;

(4)    to enforce compliance with compact provisions, Interstate Commission rules, and bylaws using all necessary and proper means including, but not limited to, the use of the judicial process;

(5)    to establish and maintain offices;

(6)    to purchase and maintain insurance and bonds;

(7)    to borrow, accept, or contract for services of personnel including, but not limited to, members and their staffs;

(8)    to establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Section 24-21-1120(F) which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

(9)    to elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

(10)    to accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;

(11)    to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any real, personal, or mixed property;

(12)    to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property;

(13)    to establish a budget and make expenditures and levy dues as provided in Section 24-21-1180;

(14)    to sue and be sued;

(15) to provide for dispute resolution among compacting states;

(16)    to perform the functions as may be necessary or appropriate to achieve the purposes of this compact;

(17)    to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission;

(18)    to coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in this activity; and

(19)    to establish uniform standards for the reporting, collecting, and exchanging of data.

Section 24-21-1140.    (A)    The Interstate Commission, by a majority of the members, within twelve months of the first Interstate Commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:

(1)    establishing the fiscal year of the Interstate Commission;

(2)    establishing an executive committee and other committees as may be necessary;

(3)    providing reasonable standards and procedures for the establishment of committees and governing any general or specific delegation of any authority or function of the Interstate Commission;

(4)    providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each meeting;

(5)    establishing the titles and responsibilities of the officers of the Interstate Commission;

(6)    providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of a compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;

(7)    providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment reserving of all of its debts and obligations;

(8)    providing transition rules for "start up" administration of the compact; and

(9)    establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(B)(1)    The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have the authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided, that subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

(2)    The Interstate Commission shall, through its executive committee, appoint or retain an executive director for a period, upon terms and conditions and for compensation as the Interstate Commission considers appropriate. The executive director shall serve as secretary to the Interstate Commission and hire and supervise other staff as may be authorized by the Interstate Commission. The executive director is not a member of the Interstate Commission.

(C)    The Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.

(D)(1)    The members, officers, executive director, and employees of the Interstate Commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that nothing in this subsection may be construed to protect any person from liability for any damage, loss, injury, or liability caused by the person's intentional, willful, or wanton misconduct.

(2)    The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of that person.

(3)    The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees harmless in the amount of any settlement or judgment obtained against the persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of that person.

Section 24-21-1150.    (A)    The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

(B)    Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, the act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

(C)    Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the State and shall not delegate a vote to another member state. However, a state council may appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication is subject to the same quorum requirements of meetings where members are present in person.

(D)    The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(E)    The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating these rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(F)    Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 U.S.C. Section 552(b), as amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

(1)    relate solely to the Interstate Commission's internal personnel practices and procedures;

(2)    disclose matters specifically exempted from disclosure by statute;

(3)    disclose trade secrets or commercial or financial information which is privileged or confidential;

(4)    involve accusing a person of a crime or formally censuring a person;

(5)    disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6)    disclose investigatory records compiled for law enforcement purposes;

(7)    disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of that entity;

(8)    disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or

(9)    specifically relate to the Interstate Commission's issuance of a subpoena or its participation in a civil action or proceeding.

(G)    For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in the minutes.

(H)    The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.

Section 24-21-1160.    (A)    The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

(B)    Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. The rulemaking shall substantially conform to the principles of the federal Administrative Procedures Act, 5 U.S.C.S. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, Section 1 et seq., as amended (hereinafter "APA").

(C)    All rules and amendments shall become binding as of the date specified in each rule or amendment.

(D)    If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any compacting state.

(E)    When promulgating a rule, the Interstate Commission shall:

(1)    publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

(2)    allow persons to submit written data, facts, opinions, and arguments, which information must be publicly available;

(3)    provide an opportunity for an informal hearing; and

(4)    promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(F)    Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of the rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(    G)    Subjects to be addressed within twelve months after the first meeting must at a minimum include:

(1)    notice to victims and opportunity to be heard;

(2)    offender registration and compliance;

(3)    violations and returns;

(4)    transfer procedures and forms;

(5)    eligibility for transfer;

(6)    collection of restitution and fees from offenders;

(7)    data collection and reporting;

(8)    the level of supervision to be provided by the receiving state;

(9)    transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and

(10)    mediation, arbitration, and dispute resolution.

The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.

(H)    Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the emergency rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.

Section 24-21-1170.    (A)    The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

(B)    The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding and shall have standing to intervene in the proceeding for all purposes.

(1)    The compacting states shall report to the Interstate Commission on issues or activities of concern to them, cooperate with, and support the Interstate Commission in the discharge of its duties and responsibilities.

(2)    The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

(3)    The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(C)    The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Section 24-21-1200(B).

Section 24-21-1180.    (A)    The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(B)    The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the State and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment.

(C)    The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(D)    The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission must be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Interstate Commission.

Section 24-21-1190.    (A)    Any state is eligible to become a compacting state.

(B)    The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date must be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(C)    Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Section 24-21-1200.    (A)(1)    Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law.

(2)    The effective date of withdrawal is the effective date of the repeal.

(3)    The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.

(4)    The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

(5)    The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal.

(6)    Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon a later date as determined by the Interstate Commission.

(B)(1)    If the Interstate Commission determines that any compacting state has at a time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

(a)    fines, fees, and costs in amounts as are considered reasonable as fixed by the Interstate Commission;

(b)    remedial training and technical assistance as directed by the Interstate Commission; or

(c)    suspension and termination of membership in the compact. Suspension must be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the Interstate Commission to the Governor, the Chief Justice of the State, the majority and minority leaders of the defaulting state's legislature, and the state commissions. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of suspension.

(2)    Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice, the majority and minority leaders of the defaulting state's legislature, and the state commissioners of the termination.

(3)    The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

(4)    The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.

(5)    Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

(C)    The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation including reasonable attorney fees.

(D)(1)    The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.

(2)    Upon the dissolution of this compact, the compact becomes null and void and of no further force or effect, and the business and affairs of the Interstate Commission must be wound up, and any surplus funds must be distributed in accordance with the bylaws.

Section 24-21-1210.    (A)    The provisions of this compact must be severable, and if a phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact must be enforceable.

(B)    The provisions of this compact must be liberally constructed to effectuate its purposes.

Section 24-21-1220.    (A)(1)    Nothing in this article prevents the enforcement of another law of a compacting state that is consistent with this compact.

(2)    All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

(B)(1)    All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

(2)    All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

(3)    Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding the meaning or interpretation.

(4)    In the event a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the Interstate Commission must be ineffective and the obligations, duties, powers, or jurisdiction must remain in the compacting state and must be exercised by the agency to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective."

SECTION    7.    Chapter 22, Title 24 of the 1976 Code, as last amended by Act 181 of 1993, if further amended to read:

Section 24-22-10.    This chapter is known and may be cited as the 'Offender Management System Act'.

Section 24-22-20. As used herein:

(a) 'Adult criminal offender management system' means the system developed by the State Department of Corrections and Probation and the State Department of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections and Probation Reintegration Centers and placed in Department the Division of Probation, Parole and Pardon Services Community Control Strategies.

(b)    'Community control strategies' means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short term incarceration, and intensive supervision.

(c)    'High count' means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period.

(d)    'Prison' means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections and Probation.

(e)    'Prison system' means the prisons operated by the State Department of Corrections and Probation.

(f)    'Offender' means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections and Probation, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations.

(g)    'Prison system population' means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections and Probation.

(h)    'Reintegration center' means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system.

(i)        'Release date' means the date projected by the State Department of Corrections and Probation on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230.

(j)        'Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a nonmandatory term of imprisonment for conviction of one or more of the following offenses:

reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (20-7-50); abandonment/nonsupport (20-7-80); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-6-1800, 61-6-2220, 61-6-4710); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210; 56-5-1220); possession of open container (61-4-110); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100).

(k)    'Operating capacity' means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections and Probation as certified by the State Department of Corrections and Probation and approved by the State Budget and Control Board.

Section 24-22-30.    To be eligible to participate in the offender management system, an offender shall:

(a)    be classified as a qualified prisoner as defined herein;

(b)    maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;

(c)    demonstrate during incarceration a general desire to become a law abiding member of society;

(d)    satisfy any reasonable requirements imposed on the offender by the Department of Corrections and Probation;

(e)    be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;

(f)    possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:

(1)    nature and seriousness of the current offense;

(2)    nature and seriousness of prior offenses;

(3)    institutional record;

(4)    performance under prior criminal justice supervision; and

(g)    satisfy any other criteria established by the South Carolina Department of Corrections and Probation and the State Board of Probation, Parole and Pardon Services.

Section 24-22-40.    The South Carolina Department of Correction and Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Correction and Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly.

Section 24-22-50.    The offender management system shall be in operation during all periods that the system is appropriately funded.

Section 24-22-60.    Offenders enrolled in the offender management system shall be evaluated at Department of Corrections and Probation Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections and Probation shall prepare offenders to be placed in the appropriate community control strategies.

Section 24-22-70.    Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.

Section 24-22-80.    Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.

Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections and Probation. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Corrections and Probation, Parole and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and Probation and the South Carolina Department of Probation, Parole and Pardon Services. There shall be no right to appeal a revocation.

Section 24-22-90.    Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department Division of Probation, Parole and Pardon Services. The South Carolina Department Division of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections and Probation Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department Division of Probation, Parole and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.

The South Carolina Department Division of Corrections shall notify the South Carolina Department Division of Probation, Parole and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department Division of Probation, Parole and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Article 15, Chapter 3, Title 16 and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department Division of Probation, Parole and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.

Section 24-22-100.    Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department Division of Probation, Parole and Pardon Services, including community control strategies. These strategies may include, but are not limited to:

(a)    the South Carolina Department Division of Probation, Parole and Pardon Services Home Detention Supervision Program;

(b)    day reporting centers;

(c)    restitution centers;

(d)    public service work programs;

(e)    substance abuse programs;

(f)    short term incarceration; and

(g)    intensive supervision programs.

Section 24-22-110.    Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department Division of Corrections. Control over the offenders is vested in the South Carolina Department Division of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department Division of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department division.

Section 24-22-120.    At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department Division of Corrections.

At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department Division of Probation, Parole and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.

Section 24-22-130.    Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.

Section 24-22-140.    The enactment of this legislation shall not create a 'liberty interest' or an 'expectancy of release' in any offender now incarcerated or in any offender who is incarcerated in the future.

Section 24-22-150.    The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.

During periods when the offender management system is in operation and either the South Carolina Department of Corrections and Probation or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted the director shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.

Section 24-22-160.    The Department Division of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department Division of Corrections and shall, at least quarterly, certify existing operating capacities or establish change or new operating capacities.

Section 24-22-170.    The offender management system and any regulations promulgated thereto shall terminate July 1, 1995 unless extended by the General Assembly."

SECTION    8.    Chapter 23, Title 24 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

Section 24-23-10.    The Board shall develop a plan for the implementation of a statewide case classification system. The Board, the Department of Corrections, and the Governor's Office shall jointly develop a specific plan for the statewide implementation of new community-based correctional programs. The plan shall include descriptions of the new programs, the eligibility criteria for placing offenders on the programs, the administrative and legal requirements for implementation, the projected impact of the programs on the state inmate population and the financial requirements and timetable for the statewide implementation of the programs. These plans shall be submitted to the Legislature by January, 1982.

Section 24-23-20.    The case classification plan must provide for case classification system consisting of the following:

(1)    supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;

(2)    rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;

(3)categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;

(4)    identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;

(5)    periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and

(6)    regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development and evaluation staff in the central administrative office.

Section 24-23-30.    The community corrections plan must include, but is not limited to, describing the following community-based program needs:

(1)    an intensive supervision program for probationers, and parolees, and supervised prisoners who require more than average supervision;

(2)    a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections and Probation can be administratively transferred to the supervision of state probation agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;

(3)    a contract rehabilitation services program whereby private and public agencies, such as the Department Bureau of Vocational Rehabilitation, the Department Office of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;

(4)    community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;

(5)    expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and

(6)    identification of programs for youthful and first offenders.

Section 24-23-40.    The community corrections plan shall provide for the department's:

(1)    development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Department Bureau of Vocational Rehabilitation, the Department Office of Mental Health, and the Department Office of Alcohol and Other Drug Abuse Services, all in the Department of Health and Human Services, for purposes of coordination and referral of probationers, parolees, and community supervision releasees for rehabilitation services;

(2)    development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis;

(3)    development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as probation, parole, and community supervision outcomes, revocations, and recidivism;

(4)    development of adequate training and staff development for its employees.

Section 24-23-110.    Judges of the Court of General Sessions may suspend the imposition or the execution of a sentence and may impose a fine and a restitution without requiring probation. The department shall implement the necessary policies and procedures to ensure the payment of such fines and restitution and report to the court failures to pay.

Section 24-23-115.    Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation or as a condition of suspension of sentence. Except as otherwise provided by law, magistrates and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.

The Department Division of Probation, Parole and Pardon Services shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term "public service work", and a mechanism for supervision of persons performing public service work.

No person shall be made ineligible for this program by reason of gender.

Section 24-23-120.    A Judge of the Court of General Sessions who has reason to believe a defendant suffers from a mental disorder, retardation, or substantial handicap, shall order a presentence investigation to be completed and submitted to the Court.

Section 24-23-130.    Upon the satisfactory fulfillment of the conditions of probation, the court, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision.

Section 24-23-230.    The assessments, collections and transfers specified in this article shall become effective on July 1, 1981."

SECTION    9.    Chapter 25, Title 24 of the 1976 Code is amended to read:

Section 24-25-10.    There is hereby established a special statewide unified school district within the South Carolina Department of Corrections and Probation to be known as the "Palmetto Unified School District No. 1."

Section 24-25-20.    The purpose of the district is to enhance the quality and scope of education for inmates within the Department of Corrections and Probation so that they will be better motivated and better equipped to restore themselves in the community. The establishment of this district shall ensure that education programs are available to all inmates with less than a high school diploma, or its equivalent, and that various vocational training programs are made available to selected inmates with the necessary aptitude and desire. Where enrollment in an education program must be restricted, justification for that restriction should be documented by the district.

Section 24-25-30.    Academic and vocational training provided by the Palmetto Unified School District No. 1 shall meet standards prescribed by the State Board Superintendent of Education, for the academic and vocational programs of these schools. The State Superintendent of Education shall administer the standards relating to the educational programs of the district. Reports shall be made by the State Department of Education to the Board of Trustees indicating the degree of compliance with the standards prescribed by the State Board Superintendent of Education at least annually. Such State Department of Education supervisory personnel as deemed appropriate by the Department shall be utilized for evaluating the programs of the district and reporting to the district board.

Section 24-25-35.    The Palmetto Unified School District 1 of the South Carolina Department of Corrections and Probation shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item "Education Finance Act" shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act.

Section 24-25-40.    The Palmetto Unified School District No. 1 shall be under the control and management of a board of nine trustees who shall operate the district under the supervision of the State Department of Corrections and Probation. Four members of the school board shall be appointed by the Director of the Department of Corrections and Probation, four members of the school board shall be appointed by the State Superintendent of Education, and one member of the school board shall be appointed by the Governor. The members of the board shall be appointed for terms of four years each and until their successors are appointed and qualify; except that of those first appointed, the members appointed by the Director of the Department of Corrections and Probation and the members appointed by the State Superintendent of Education shall be appointed for terms of one, two, three and four years, respectively, such terms to be designated by the Director of the Department of Corrections and Probation and the State Superintendent of Education when making such appointments. The member initially appointed by the Governor also shall be appointed for a term of four years. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.

Section 24-25-50.    The members of the school board may be removed at any time for good cause by the Director of the Department of Corrections and Probation. The failure of any member of the school board to attend at least three consecutive meetings thereof, unless excused by formal vote of the school board, may be construed by the Director of the Department of Corrections and Probation as a resignation from the school board.

Section 24-25-60.    The school board at its first meeting, and every two years thereafter, shall elect a chairman, a vice-chairman and such other officers as it deems necessary who shall serve for two years each and until their successors are elected and qualify. No person may succeed himself as chairman of the board. The school board shall meet at least quarterly and at such other times as may be designated by the chairman. Special meetings may be called by the chairman or by a majority of the members of the board upon at least seventy-two hours notice. Five members of the board shall constitute a quorum at all meetings thereof. The members of the board shall be paid per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.

Section 24-25-70.    With the consent and concurrence of the Director of the Department of Corrections and Probation, the board of the school district shall operate as executory agent for the schools under its jurisdiction and shall perform administrative functions as follows:

(1)    establish goals and objectives for the operation of the district;

(2)    enter into agreements and contracts with other school districts, technical schools, colleges and universities;

(3)    establish academic education programs ranging from primary through post high school, as well as special education for the handicapped and mentally retarded;

(4)    establish vocational and trade courses as appropriate for preparation for employment;

(5)    determine physical facilities needed to carry out all education programs;

(6)    review and approve applications for grants, donations, contracts and other agreements from public or private sources;

(7)    establish a twelve-month school program and teachers' pay schedule based on the state and average school supplement pay scales;

(8)    present an annual educational budget to the Department of Corrections and Probation for submission to the General Assembly. The Department of Corrections and Probation when making its annual budget request shall incorporate as a line item the budget of the district within its request. To the extent permitted by law, any funds which may be appropriated by the General Assembly for the operation of the district shall not prohibit the district from securing any applicable federal funds or other funds which are available.

Section 24-25-80.    The duties of the district Superintendent of Education shall include the following:

(1)    Identify goals and objectives for all educational services of the district;

(2)    Develop policies and procedures for efficient delivery system of such services;

(3)    Collect and analyze data necessary for research into planning and evaluation of educational services;

(4)    Provide necessary information for preparation of an annual report of the district's operation;

(5)    Prepare a separate budget of all necessary costs to be provided to the inmate by the unified school district;

(6)    Recommend to the school board plans for the renovations and designation of educational facilities;

(7)    Provide all such studies, research and evaluation of the district's operation as the board may request and perform such other duties as it may request.

Section 24-25-90.    The superintendent of the district and all other educational personnel shall be employed, supervised, and terminated according to the South Carolina Department of Corrections and Probation's personnel policies and procedures."

SECTION    10.    Chapter 26, Title 24 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

Section 24-26-10.    (A)    There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:

(1)a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2)    two circuit court judges, appointed by the Chief Justice of the Supreme Court;

(3)    three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;

(4)    three members of the House designated by the chairman of the House Judiciary Committee;

(5)    an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;

(6)    the Dean of the Law School of the University of South Carolina or his designee;

(7)    the South Carolina Attorney General, or his designee, to serve ex officio;

(8)    a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association.

(B)    In addition, there are four nonvoting members of the commission as follows:

(1)    the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;

(2)    the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;

(3)    the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner Director of the Department of Corrections and Probation;

(4)    the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services.

The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.

The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.

Section 24-26-20.    The commission has the following duties and responsibilities:

(1)    recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.

(a)    The guidelines must establish:

(i)    the circumstances under which imprisonment of an offender is proper;

(ii)    a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;

(iii)    a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively.

(b)    In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;

(2)    recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;

(3)    recommend appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;

(4)    develop and recommend policies for preventing prison and jail overcrowding;

(5)    examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;

(6)    before January sixteenth of each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan;

(7)    research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;

(8)    serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;

(9)    make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.

Section 24-26-30.    The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.

Section 24-26-40.    The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities.

Section 24-26-50.    The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly.

Section 24-26-60.    The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."

SECTION    11.    Chapter 27, Title 24 of the 1976 Code, as last amended by Act 38 of 1999, if further amended to read:

Section 24-27-100.    Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and Probation and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full.

The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.

Section 24-27-110.    Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and Probation and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120.    Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130.    The court may dismiss without prejudice any civil action pertaining to the prisoner's incarceration or apprehension brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter, except as otherwise provided in Section 24-27-150 or 24-27-400.

Section 24-27-140.    For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150.    If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Section 24-27-200.    A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections and Probation upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:

(1)    submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2)    testified falsely or otherwise presented false evidence or information to the court;

(3)    unreasonably expanded or delayed a proceeding; or

(4)    abused the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.

Section 24-27-210.    If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections and Probation the revocation of work, education, or good conduct credits as set forth in Section 24-27-200.

Section 24-27-220.    Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections and Probation in determining whether or not a prisoner's earned work, education, or good conduct credits shall be forfeited.

Section 24-27-300.    The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.

Section 24-27-400.    This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.

Section 24-27-500.    For the purposes of Chapter 32 of Title 1:

(A)    A state or local correctional facility's regulation must be considered 'in furtherance of a compelling state interest' if the facility demonstrates that the religious activity:

(1)    sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or

(2)    poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.

(B)    A state or local correctional facility regulation may not be considered the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public."

SECTION    12.    Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:

"(a)    Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows:

(1)    Governor, three;

(2)    Lieutenant Governor, two;

(3)    Secretary of State, three;

(4)    Treasurer, one;

(5)    Attorney General, fifty;

(6)    Adjutant General, one;

(7)    Comptroller General, two;

(8)    Superintendent of Education, two;

(9)    Commissioner of Agriculture, two;

(10)    each member of the General Assembly, one;

(11)    office of the Speaker of the House of Representatives, one;

(12)    Clerk of the Senate, one;

(13)    Clerk of the House of Representatives, one;

(14)    each committee room of the General Assembly, one;

(15)    each member of the Legislative Council, one;

(16)    Code Commissioner, one;

(17)    Legislative Council, ten;

(18)    Supreme Court, fourteen;

(19)    Court Administration Office, five;

(20)    each circuit court judge, one;

(21)    each circuit court solicitor, one;

(22)    each family court judge, one;

(23)    each county court judge, one;

(24)    Administrative Law Judge Division, nine;

(25)    College of Charleston, one;

(26)    The Citadel, two;

(27)    Clemson University, three;

(28)    Francis Marion College, one;

(29)    Lander College, one;

(30)    Medical University of South Carolina, two;

(31)    South Carolina State College, two;

(32)    University of South Carolina, four;

(33)    each regional campus of the University of South Carolina, one;

(34)    University of South Carolina Law School, forty-six;

(35)    Winthrop College, two;

(36)    each technical college or center, one;

(37)    each county governing body, one;

(38)    each county clerk of court and register of deeds where such offices are separate, one;

(39)    each county auditor, one;

(40)    each county coroner, one;

(41)    each county magistrate, one;

(42)    each county master in equity, one;

(43)    each county probate judge, one;

(44)    each county public library, one;

(45)    each county sheriff, one;

(46)    each public defender, one;

(47)    each county superintendent of education, one;

(48)    each county treasurer, one;

(49)    Library of Congress, three;

(50)    United States Supreme Court, one;

(51)    each member of Congress from South Carolina, one;

(52)    each state library which furnishes this State a free set of its Code of Laws, one;

(53)    Division of Aeronautics of the Department of Commerce, one;

(54)    Department of Alcohol and other Drug Abuse Services, one RESERVED;

(55)    Department of Archives and History, one;

(56)    Board of Bank Control, one;

(57)    Commissioner of Banking, one;

(58)    Budget and Control Board:

(a)    Auditor, six Executive Director, two;

(b)    General Services Division, six Auditor, 3;

(c)    Personnel Division, one Statehouse, Legislative and Judicial Facilities Operations Division, two;

(d)    Research and Statistical Services Division, one Budget and Analyses Division; one;

(e)    Retirement System Division, one;

(f)    Insurance and Grants Services Division, one;

(g)    Procurement Services Division, one;

(h)    Strategic Planning and Operations Division, one;

(i)        Internal Audit and Performance Review Division, one;

(j)        Cultural and Information Services Division, one;

(k)    Division of State Chief Information Officer, one;

(59)    Children's Bureau, one RESERVED;

(60)    Department of Consumer Affairs, one;

(61)    Department of Corrections and Probation, two;

(62)    Criminal Justice Academy, one;

(63)    Department of Commerce, five;

(64)    Employment Security Commission, two RESERVED;

(65)    Ethics Commission, one;

(66)    Forestry Commission, one; Department of Environment and Natural Resources:

(a)    Division of Environmental Control, three

(b)    Division of Forestry, one

(c)    Division of Natural Resources, four;

(67)    Department of Health and Environmental Control, five Human Services:

(a)    Division of Administration, one;

(b)    Division of Health Services, eleven;

(c)    Division of Human Services, five;

(d)    Division of Advocacy and Service Coordination;

(68)    Department of Transportation, five;

(69)    Department of Public Safety, five;

(70)    Human Affairs Commission, one;

(71)    Workers' Compensation Commission, seven;

(72)    Department of Insurance, two;

(73)    Department of Juvenile Justice and Aftercare, one;

(74)    Department of Labor, Licensing and Regulation, two;

(75)    South Carolina Law Enforcement Division, four;

(76)    Legislative Audit Council, one;

(77)    State Library, three;

(78)    Department of Mental Health, three RESERVED;

(79)    Department of Disabilities and Special Needs, five RESERVED;

(80)    Ports Authority, one;

(81)    Department of Probation, Parole and Pardon, two RESERVED;

(82)    Public Service Commission, three;

(83)    Department of Social Services, two RESERVED;

(84)    Department of Revenue, six;

(85)    Board for Technical and Comprehensive Education, one;

(86)    Veterans' Affairs Division of the Governor's office, one;

(87)    Vocational Rehabilitation, one;

(88)    Department of Natural Resources, four Administration:

(a)    Office of State Inspector General

(b)    Office of General Services

(c)    Division of Human Resources

(d)    Office of Energy

(e)    Office of Support Services."

SECTION    13.    Section 2-48-20 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:

"Section 2-48-20.    (A)    The Department of Corrections and Probation and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.

(B)    The Department of Corrections and Probation, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct, contract to have constructed, or fund all or a portion of the construction costs associated with community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds."

SECTION    14.    Section 2-48-30 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:

"Section 2-48-30.    (A)    Before construction of a community correctional facility by the Department of Corrections and Probation pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections and Probation for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections and Probation. When circumstances warrant, the Department of Corrections and Probation may contract for the construction of these facilities. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections and Probation.

(B)    The Department of Corrections and Probation may contract with a county, municipality, or other local governmental or multi-jurisdictional entity to fund all or a portion of the construction costs associated with a community correctional facility if the appropriations are provided by the General Assembly. All other provisions of Chapter 48 and all other applicable statutes apply in respect to this contractual arrangement, except that the title to the land and the title to the facilities are not transferred to the State of South Carolina and neither the land nor the facilities shall become the property of the Department of Corrections and Probation."

SECTION    15.    Section 2-48-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 2-48-40.    The construction of community correctional facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections and Probation, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local governmental, or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs."

SECTION    16.    Section 2-48-60 of the 1976 Code, as last amended by Act 50 of 2001, is further amended to read:

"Section 2-48-60.    Before the construction of a community correctional facility, as authorized pursuant to this chapter, the Department of Corrections and Probation shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:

(1)    operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;

(2)    provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity may be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:

(a)    allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;

(b)    provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections and Probation;

(c)    provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities."

SECTION    17.    Section 9-11-10(23)(b) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(b)    an employee after January 1, 2000, of the South Carolina Department of Corrections and Probation or the South Carolina Department of Juvenile Justice who, by the terms of his employment, is a peace officer as defined by Section 24-1-280."

SECTION    18.    Section 11-35-710 of the 1976 Code, as last amended by Act 264 of 2000, is further amended to read:

"Section 11-35-710.    The board, upon the recommendation of the Office of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures required in this section and for just cause by unanimous written decision limit or may withdraw exemptions provided for in this section. The following exemptions are granted in this chapter:

(1)    the construction, maintenance, and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;

(2)    the purchase of raw materials by the South Carolina Department of Corrections and Probation, Division Subdivision of Prison Industries;

(3)    S.C. State Ports Authority;

(4)    Division of Public Railways of the Department of Commerce;

(5)    S.C. Public Service Authority;

(6)    expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management and land surveying services;

(7)    livestock, feed, and veterinary supplies;

(8)    articles for commercial sale by all governmental bodies;

(9)    fresh fruits, vegetables, meats, fish, milk, and eggs;

(10)    South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;

(11)    published books, periodicals, and technical pamphlets;

(12)    South Carolina Research Authority;

(13)    the purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections and Probation, Division Subdivision of Prison Industries.

(14)    Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."

SECTION    19.    Section 14-1-220 of the 1976 Code is amended to read:

"Section 14-1-220.    Each city recorder, mayor, or municipal clerk of court or other person who receives monies from the cost of court assessments in criminal or traffic cases in the municipal courts shall transmit all these monies to the Office of State Treasurer. Each county clerk of court, magistrate, or other person who receives monies from the cost of court assessments in general sessions or magistrates courts shall transmit all these monies to the county treasurer of the county. These transmittals must be made no less frequently than once each month, and must be completed on or before the fifteenth day of the month following the month being reported. The municipal clerk of court or county treasurer shall then forward the total sum collected to the State Treasurer on or before the twenty-fifth day of the month. Any municipality in this State may enter into a mutual agreement with the county in which it is located to provide for joint collections and transmittals under those terms and conditions as the respective bodies may agree. In these cases, receipts and transmittals required by this section shall reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all monies from the named sources.

The Department of Corrections and Probation, Parole, and Pardon Services shall deposit with the State Treasurer funds collected from offenders in restitution centers for credit to the same account as funds collected under Section 14-1-210."

SECTION    20.    Section 14-1-230 of the 1976 Code is amended to read:

"Section 14-1-230.    The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and municipal clerks of courts, and the Department of Corrections and Probation, Parole, and Pardon Services shall deposit these monies into a separate and restricted account. Funds deposited to this account shall remain in the account from fiscal year to fiscal year and shall be available to the General Assembly for appropriation to programs established pursuant to Chapter 21 of Title 24."

SECTION    21.    Section 15-49-20(E) of the 1976 Code, as added by Act 252 of 2002, is amended to read:

"(E)    If a petitioner is in custody of the Department of Corrections and Probation and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department must make the appropriate changes to the petitioner's department record."

SECTION    22.    Section 16-3-1260 of the 1976 Code is amended to read:

"Section 16-3-1260.    (1)    A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article creates a debt due and owing to the State by a person as determined by a court of competent jurisdiction of this State, who has committed the criminal act.

(2)    The Circuit Court, when placing on probation a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may set the schedule or amounts of payments subject to modification based on change of circumstances.

(3)    The Department of Corrections and Probation, Parole, and Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.

(4)    When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 20-7-7805.

(5)    Payments authorized or required under this section must be paid to the State Office of Victim Assistance. The Director of the State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections and Probation, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole, and Pardon Services, and the South Carolina Board of Probation, Parole, and Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the State Office of Victim Assistance.

(6)    Restitution payments to the State Office of Victim Assistance may be made by the Department of Corrections and Probation from wages accumulated by offenders in its custody who are subject to this article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities."

SECTION    23.    Section 16-3-1515(A) of the 1976 Code is amended to read:

"(A)    A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article."

SECTION    24.    Section 16-3-1545(A) of the 1976 Code is amended to read:

"(A)    The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:

(1)    the victim's personal information and supplementary contact information;

(2)    an itemization of the victim's economic loss and recovery from any insurance policy or another source;

(3)    details of physical or psychological injuries, or both, including their seriousness and permanence;

(4)    identification of psychological services requested or obtained by the victim;

(5)    a description of any changes in the victim's personal welfare or family relationships; and

(6)    any other information the victim believes to be important and pertinent."

SECTION    25.    Section 16-3-1555 of the 1976 Code is amended to read:

"Section 16-3-1555.    (A)    The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.

(B)    The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C)    The prosecuting agency must file with an indictment a copy of a written victim's impact statement. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty.

(D)    The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, their legal names, current addresses, and telephone numbers.

(E)    The prosecuting agency must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections and Probation, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate."

SECTION    26.    Section 16-3-1560 of the 1976 Code is amended to read:

"Section 16-3-1560.    (A)The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.

(B)    The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.

(C)    The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.

(D)    The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44.

(E)    The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, until their resolution.

(F)    The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings."

SECTION    27.    Section 16-17-470(E)(1) of the 1976 Code is amended to read:

"(1)    viewing, photographing, videotaping, or filming by personnel of the Department of Corrections and Probation or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections and Probation or a county, municipal, or local jail or detention center or correctional facility;"

SECTION    28.    Section 17-7-10 of the 1976 Code is amended to read:

"Section 17-7-10.    The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post-mortem examination to be conducted to ascertain the cause of death. If any person dies while detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability.

In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed contagious, terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person.

The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections and Probation according to Section 24-9-35."

SECTION    29.    Section 17-17-100 of the 1976 Code is amended to read:

"Section 17-17-100.    Any judge before whom a petition for a writ of habeas corpus is made by any person confined by the State Board of Department of Corrections and Probation in any of its places of confinement who has been tried and convicted by a court of competent jurisdiction, shall upon issuance of the writ of habeas corpus transfer the matter for hearing to any judge of any court of competent jurisdiction in the county where the person was convicted."

SECTION    30.    Section 17-24-20 of the 1976 Code is amended to read:

"Section 17-24-20.    If a verdict is returned of 'guilty but mentally ill' the defendant must be sentenced by the trial judge as provided by law for a defendant found guilty, however:

(A)    If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant must first be taken to a facility designated by the Department of Corrections and Probation for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections and Probation to serve the remainder of his sentence.

(B)    If the sentence includes a probationary sentence, the judge may impose those conditions and restrictions on the release of the defendant as the judge considers necessary for the safety of the defendant and of the community."

SECTION    31.    Section 17-25-45(E) of the 1976 Code is amended to read:

"(E)    For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

(1)    the Department Division of Corrections requests the Department Division of Probation, Parole, and Pardon Services to consider the person for parole; and

(2)    the Department Division of Probation, Parole, and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

(a)    the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or

(b)    the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or

(c)    the person is afflicted with a terminal illness where life expectancy is one year or less; or

(d)    the person can produce evidence comprising the most extraordinary circumstances."

SECTION    32.    Section 17-25-80 of the 1976 Code is amended to read:

"Section 17-25-80.    Notwithstanding the specific language of the sentence which confines an inmate to "hard labor" in the custody of the State Department of Corrections and Probation, the Commissioner thereof may assign such inmate to the type of labor he deems appropriate and necessary for the benefit of the Department and the inmate concerned, and such assignment shall fulfill the conditions of the sentence."

SECTION    33.    Section 17-25-145 of the 1976 Code is amended to read:

"Section 17-25-145.    The Department of Corrections and Probation, Parole, and Pardon Services must implement a community penalties program in each judicial circuit of the State. The Department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the Department."

SECTION    34.    Section 17-25-322(C) of the 1976 Code is amended to read:

"(C)    At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Corrections and Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay."

SECTION    35.    Section 17-25-324 of the 1976 Code, as last amended by Act 356 of 2002, is further amended to read:

"Section 17-25-324.    (A)    Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Corrections and Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.

(B)    The department shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies."

SECTION    36.    Section 17-25-380 of the 1976 Code is amended to read:

"Section 17-25-380.    Two copies of the notice shall be served or sent by registered mail to the Director of the Department of Corrections and Probation or his duly appointed officer in charge of the applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows: 'This is to notify you that the sentence of death imposed in the case of State vs. __________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice'.

When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence shall read as follows: 'This is to notify you that the appeal from the sentence of death imposed in the case of State vs. __________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of __________ County'."

SECTION    37.    Section 20-7-6845 of the 1976 Code, as last amended by Act 428 of 1998, is further amended to read:

"Section 20-7-6845.    The department shall provide institutional services which include, but are not limited to:

(1)    providing correctional institutional services for juveniles committed under this article;

(2)    managing, operating, and supervising Birchwood, Willow Lane, John G. Richards, and other facilities as the director may establish;

(3)    establishing and maintaining residential and nonresidential reception and evaluation centers at which all children committed to its custody by a circuit or family court must be received, examined, and evaluated before assignment to one of its institutions or before other disposition or recommendation is made concerning the child. The commitment of a child to a reception and evaluation center or youth correctional institution of the department may be made only after the child has been adjudicated delinquent. The evaluation conducted by the reception and evaluation centers includes, but is not limited to:

(a)    a complete social, physical, psychological, and mental examination;

(b)    an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to the person's delinquency;

(c)    a determination of the correctional or custodial care that would be most appropriate. The department shall create facilities and employ personnel as will enable the centers to conduct the necessary physical, mental, and psychological examinations required by this section;

(4)    providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties and municipalities of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of minimum standards for local detention facilities in South Carolina for the design, construction, and operation of juvenile detention centers. These recognized state standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county and municipal governmental body in this State for the purpose of determining which counties or municipalities anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county and municipal governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's and municipality's ability to develop its own facility or to contract with other counties or municipalities for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county and municipality for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular community who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this article. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pretrial detention who are awaiting disposition in general sessions court, whether they have been waived by the family court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the family court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by general sessions court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county or municipality which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division Subdivision of the Department of Corrections and Probation for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county, municipal, and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.

(5)    Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio adequate for custody, control, and supervision, and to provide full coverage of all designated security posts, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County, municipal, and regionally operated facilities shall provide these services to all preadjudicatory juveniles under the jurisdiction of the family court and all pretrial juveniles awaiting general sessions court who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. It shall be the responsibility of the school district where a local detention center which has been approved to detain juveniles is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State. Students housed in approved local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education shall be made accordingly. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855. Special needs students who are detained locally shall have all services required by federal and state laws and regulations.

(6)    A county, municipality, or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division Subdivision of the South Carolina Department of Corrections and Probation pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to forty-eight hours, excluding weekends and state holidays. Preadjudicatory juveniles who are subsequently transferred to a juvenile detention center may be housed in a temporary holdover facility when returned to the community for a court appearance. However, the temporary housing shall not exceed forty-eight hours."

SECTION    38.    Section 20-7-7810(D) and (E) of the 1976 Code, as last amended by Act 383 of 1996, is amended to read:

"(D)    When a child is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child may be committed for an indeterminate period until the child has reached age twenty-one or until sooner released by the Board of Juvenile Parole under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation. If not sooner released by the Board of Juvenile Parole, the juvenile must be released by age twenty-one according to the provisions of the child's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders.

(E)    A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division Subdivision of the Department of Corrections and Probation at age nineteen. If not released sooner by the Board of Juvenile Parole, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."

SECTION    39.    Section 20-7-8025 of the 1976 Code, as last amended by Act 383 of 1996, is amended to read:

"Section 20-7-8025.    (A)    The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections and Probation, temporarily shall transfer to the custody of the Youthful Offender Division Subdivision a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections and Probation shall receive these children and shall properly care for them. Each child transferred to the Youthful Offender Division Subdivision is subject to all the rules and discipline of the division subdivision. Children transferred to the Youthful Offender Division Subdivision pursuant to this section are under the authority of the division but are subject to release Board of Juvenile Parole.

(B)    The Youthful Offender Division Subdivision at least quarterly shall recommend to the parole board possible release of each child transferred to the department or the child's return to institutions of the Department of Juvenile Justice."

SECTION    40.    Section 20-7-8515(D) of the 1976 Code, as last amended by Act 388 of 2000, is further amended to read:

"(D)    Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department Office of Mental Health, and the Department of Corrections and Probation, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order."

SECTION    41.    Section 23-3-120(C) of the 1976 Code, as last amended by Act 396 of 2000, is further amended to read:

"(C)    The Department of Corrections and Probation and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."

SECTION    42.    Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"Section 23-3-440.    (1)    Prior to an offender's release from the Department of Corrections and Probation after completion of the term of imprisonment, or being placed on parole, the Department of Corrections and Probation or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections and Probation shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections and Probation shall obtain descriptive information of the offender, including a current photograph prior to release.

(2)    The Department of Corrections and Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Corrections and Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Corrections and Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.

(3)    The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.

(4)    The Department of Corrections and Probation, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."

SECTION    43.    Section 23-3-460 of the 1976 Code, as last amended by Act 310 of 2002, is further amended to read:

"Section 23-3-460.    Any person required to register under this article shall be required to register annually for life. For purposes of this article, "annually" means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.

If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.

If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.

Any person required to register under this article and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education.

If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.

Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections and Probation, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina must register within ten days of establishing residence in this State.

The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.

The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."

SECTION    44.    Section 23-4-110 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 23-4-110.    There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads are ex officio voting members:

(A)    Commissioner Director, South Carolina Department of Corrections and Probation;

(B)    Executive Director, South Carolina Department of Probation, Parole, and Pardon Services;

(C)(B)    Chief, State Law Enforcement Division;

(D)(C)    State Attorney General;

(E)(D)    Commander, State Highway Patrol;

(F)(E)    Commissioner, South Carolina Department of Youth Services;

(G)(F)    Director, South Carolina Office of Court Administration;

(H)(G)    Chief Justice, South Carolina Supreme Court;

(I)(H)    Director, South Carolina Commission on Alcohol and Drug Abuse;

(J)(I)    Executive Director, South Carolina Criminal Justice Academy;

(K)(J)    Chairman, Governor's Juvenile Justice Advisory Council.

The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs shall serve as the executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs."

SECTION    45.    Section 23-4-520(B) of the 1976 Code is amended to read:

"(B)    To analyze South Carolina's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the office shall draw upon the planning capabilities of other agencies such as the Judicial Department, the Department of Corrections and Probation, the Department of Youth Services, the Office of the Attorney General and the State Law Enforcement Division;"

SECTION    46.    Section 23-6-410 of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:

"Section 23-6-410.    The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections and Probation may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety."

SECTION    47.    Section 23-6-420 of the 1976 Code, as last amended by Act 396 of 2000, is further amended to read:

"Section 23-6-420.    (A)    There is created a South Carolina Law Enforcement Training Advisory Council consisting of fifteen members:

(1)    the Attorney General of South Carolina;

(2)    the Chief of the South Carolina Law Enforcement Division;

(3)    the Director of the Department of Public Safety;

(4)    the Director Head of the Department Division of Natural Resources;

(5)    the Director of the Department of Corrections and Probation;

(6)    the Director of the Department of Probation, Parole and Pardon Services;

(7)(6)    the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;

(8)(7)    the special agent in charge of the Federal Bureau of Investigation, Columbia Division;

(9)(8)    one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;

(10)(9)    one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;

(11)(10)    one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;

(12)(11)    one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;

(13)(12)    one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;

(14)(13)    one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; and

(15)(14)    one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.

(B)(1)    The members provided for in (1) through (8)(7) above are ex officio members with full voting rights.

(2)    The members provided for in (9)(8) through (15) above serve terms as provided in subsection (A). If a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.

(C)    The Director of the Department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.

(D)    Members of the advisory council shall serve without compensation.

(E)    An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds."

SECTION    48.    Section 23-6-440(5)(b) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:

"(b).    evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections and Probation) in any county with a prison system that borders another state may hold a valid current driver's license issued by any jurisdiction of the United States;"

SECTION    49.    Section 23-25-20(B)(3) of the 1976 Code is amended to read:

"(3)    the Director of the Department of Corrections and Probation;"

SECTION    50.    Section 23-31-140(D) of the 1976 Code is amended to read:

"(D)    The provisions of subsection (C) do not apply to (1) a law enforcement agency provided that the conditions of subsection (E) are met, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the State Department of Corrections and Probation, (4) a private security company licensed to do business within this State, or (5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the Division. The application must be signed by the dealer effecting the sale and must contain such information as may be required by the division."

SECTION    51.    Section 40-7-340 of the 1976 Code is amended to read:

"Section 40-7-340.    (A)    Notwithstanding any other provision of this chapter, the board may issue special certificates of registration as an apprentice barber to an inmate in the custody of the State Department of Corrections and Probation who:

(1)    complies with Section 40-7-230(B), having completed the required number of hours in a barber school or college approved by the board; and

(2)    has been sentenced:

(a)    under the Youthful Offender Act and has served at least nine months of the sentence; or

(b)    to a determinant sentence and is eligible for release or parole consideration within one hundred twenty days.

(B)    These certificates are valid for one hundred twenty days and may be renewed at the discretion of the board."

SECTION    52.    Section 40-11-360(A)(9) of the 1976 Code is amended to read:

"(9)    Renovations and maintenance projects of the South Carolina Department of Corrections and Probation whereby all labor is supplied from that department's own labor forces."

SECTION    53.    Section 40-33-770(2) of the 1976 Code is amended to read:

"(2)    public schools and the Department of Juvenile Justice and Department of Corrections and Probation institutions and facilities if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications."

SECTION    54.    Section 40-47-140(D) of the 1976 Code is amended to read:

"(D) For the SPEX (Special Purpose) and COMVEX examinations, the following standards apply:

An applicant for permanent licensure who has not passed national boards, FLEX, SPEX, COMVEX, or been certified, recertified, or awarded a certificate of added qualifications by a specialty board recognized by the American Board of Medical Specialities or the American Osteopathic Association within ten years of the date of filing the application with this board shall pass the SPEX or COMVEX exam. A passing score on the SPEX examination is seventy-five or better. A passing score on the COMVEX examination must be established by the testing agency. This requirement is in addition to all other requirements for licensure. The SPEX or COMVEX examination requirement does not apply to a physician employed full time by the South Carolina Department of Corrections and Probation, South Carolina Department Bureau of Health and Environmental Control Programs, State Department Office of Mental Health, and Department Office of Disabilities and Special Needs acting within the scope of his employment. A license issued to this physician is revoked immediately if he leaves the full-time employment or acts outside his scope of employment. However, the SPEX or COMVEX examination requirement applies to a physician providing services under a contract for the State and a physician providing services for which there is an expectation of payment, is payment for services, or should have been payment from a source other than the salary the physician receives from the State."

SECTION    55.    Section 42-1-480 of the 1976 Code is amended to read:

"Section 42-1-480.    Any inmate of the State Department of Corrections and Probation, as defined in this section, in the performance of his work in connection with the maintenance of the institution, any Department vocational training program, or with any industry maintained therein, or with any highway or public works activity outside the institution, who suffers an injury for which compensation is specifically prescribed in this Title, may, upon being released from such institution either upon parole or upon final discharge, be awarded and paid compensation under the provisions of this Title. If death results from such injury, death benefits shall be awarded and paid to the dependents of the inmate. The time limit for filing a claim under this section shall be one year from the date of death of the inmate or the date of his release either by parole or final discharge, and no inmate shall be eligible for benefits unless his injury is reported prior to his release from custody of the Department. If any person who has been awarded compensation under the provisions of this section shall be recommitted to an institution covered by this section, such compensation shall immediately cease, but may be resumed upon subsequent parole or discharge.

For purposes of this section, the term 'inmate' includes any person sentenced to the South Carolina Department of Corrections and Probation and who is then in the jurisdiction of the Department, or any person sentenced to the county public works who has been transferred to the Department of Corrections and Probation for confinement. An inmate who has been sentenced to the Department of Corrections and Probation and who is temporarily transferred to the county public works, or to any other South Carolina law-enforcement authority, or to out-of-state authorities, is not considered to be in the 'jurisdiction' of the South Carolina Department of Corrections and Probation for purposes of this section.

This section shall not apply to patients of the South Carolina Department Office of Mental Health or those persons who are confined within the jurisdiction of the county prisons, county jails, city jails or overnight lockups or to any inmate injured in a fight, riot, recreational activity or other incidents not directly related to his work assignment."

SECTION    56.    Section 42-1-505 of the 1976 Code is amended to read:

"Section 42-1-505.    The Department of Corrections and Probation, Parole, and Pardon Services may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this section, the Department is considered the employer for those persons under its custody or supervision performing public service employment."

SECTION    57.    Section 42-7-65(5) of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:

"(5)    for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

The wages provided in items (2), (3), (4), and (5) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), (4), and (5) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.

Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved and funded by the governing body of the entity using his services as a voluntary state constable. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.

The average weekly wage for inmates of the State Department of Corrections and Probation as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."

SECTION    58.    Section 43-31-160 of the 1976 Code, as last amended by Act 96 of 2001, is further amended to read:

"Section 43-31-160.    In addition to the duties of the Department Bureau of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections and Probation when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment."

SECTION    59.    Section 44-48-40(B) of the 1976 Code is amended to read:

"(B)    When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections and Probation or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections and Probation shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release."

SECTION    60.    Section 44-48-50 of the 1976 Code is amended to read:

"Section 44-48-50.    The Director of the Department of Corrections and Probation shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:

(1)    a representative from the Department of Corrections and Probation;

(2)    a representative from the Department of Probation, Parole, and Pardon Services;

(3)(2)    a representative from the Department Office of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4)(3)    a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

(5)(4)    the Chief Attorney of the Office of Appellate Defense or his designee.

The Director of the Department of Corrections and Probation or his designee shall be the chairman of the team."

SECTION    61.    Section 59-63-370(1) of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:

"(1)    When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-370 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 is assigned to the Department of Juvenile Justice, or to the Department of Corrections and Probation, or to the Department of Probation, Parole, and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from a student convicted of or adjudicated delinquent for an offense listed in this item."

SECTION    62.    Section 59-101-350(B) of the 1976 Code, as last amended by Act 38 of 2001, is further amended to read:

"(B)    Each four-year, post-secondary institution shall submit to the commission the following information for inclusion in the report, with the South Carolina Department of Corrections and Probation's students identified and reported separately:

(1)    the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;

(2)    the number and percentage of undergraduate and graduate students who completed their degree program;

(3)    the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate assistants;

(4)    the percent and number of students enrolled in remedial courses and the number of students exiting remedial courses and successfully completing entry-level curriculum courses;

(5)    the percent of graduate and upper division undergraduate students participating in sponsored research programs;

(6)    placement data on graduates;

(7)    the percent change in the enrollment rate of students from minority groups and the change in the total number of minority students enrolled over the past five years;

(8)    the percent of graduate students who received undergraduate degrees at the institution, within the State, within the United States, and from other nations;

(9)    the number of full-time students who have transferred from a two-year, post-secondary institution and the number of full-time students who have transferred to two-year, post-secondary institutions;

(10)    student scores on professional examinations with detailed information on state and national means, passing scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each exam;

(11)    assessment information for the institution's Title II of the federal Higher Education Act of 1998 report that collects and analyzes data on applicant qualifications and the performance of the candidates and graduates;

(12)    appropriate information relating to each institution's role and mission to include policies and procedures to ensure that academic programs support the economic development needs in the State by providing a technologically skilled workforce;

(13)    any information required by the commission in order for it to measure and determine the institution's standard of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30."

SECTION    1.    Chapter 3, Title 59 of the 1976 Code is amended by adding:

"Section 59-3-5.    The Superintendent of Education must be appointed by the Governor upon the advice and consent of the Senate. The superintendent shall serve at the pleasure of the Governor. The superintendent must be a member of the Governor's executive cabinet subject to removal from office by the Governor pursuant to Section 1-3-240. Before entering upon the duties of his office the superintendent shall give bond for the use of the State in the penal sum of five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faithful and impartial performance of the duties of his office. The superintendent shall file the bond with the Secretary of State, who shall record the bond and file it with the State Treasurer."

SECTION    2.    Sections 59-3-10 and 59-3-20 of the 1976 Code are repealed.

SECTION    3.    Section 1-1-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 1-1-110.    The executive department of this State is hereby declared to must consist of the following officers, that is to say: the Governor, and Lieutenant Governor, the Secretary of State, the State Treasurer, and the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture, and the Director of the Department of Insurance."

SECTION    4.    Section 1-1-1210 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 1-1-1210.    (A)    The annual salaries of the state officers listed below are:

Governor    $98,000

Lieutenant Governor    43,000

Secretary of State    85,000

State Treasurer    85,000

Attorney General    85,000

Comptroller General    85,000

Superintendent of Education    85,000

Adjutant General    85,000

Commissioner of Agriculture    85,000

(B)    These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.

(C)    A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."

SECTION    5.    Chapter 5, Title 59 of the 1976 Code is amended to read:

Section 59-5-5.    The powers and duties provided by law for the State Board of Education are devolved upon the State Superintendent of Education.

Section 59-5-10.    (RESERVED)

Section 59-5-20.    (RESERVED)

Section 59-5-30.    (RESERVED)

Section 59-5-40.    (RESERVED)

Section 59-5-50.    (RESERVED)

Section 59-5-60.    The State Board Superintendent of Education shall have the power to:

(1)    Adopt policies, rules, and regulations not inconsistent with the laws of the State for its own government and for the government of the free public schools.

(2)    Annually approve budget requests for the institutions, agencies, and service under the control of the Board superintendent as prepared by the State Superintendent of Education prior to before being submitted to the Budget and Control Board and to the General Assembly.

(3)    Adopt minimum standards for any phase of education as are considered necessary to aid in providing adequate educational opportunities and facilities.

(4)    Prescribe and enforce rules for the examination and certification of teachers.

(5)    Grant State teachers' certificates and revoke them for immoral or unprofessional conduct, or evident unfitness for teaching.

(6)    Prescribe and enforce courses of study for the free public schools.

(7)    Prescribe and enforce the use of textbooks and other instructional materials for the various subjects taught or used in conjunction within the free public schools of the State, both high schools and elementary schools in accordance with the courses of study as prepared and promulgated by the Board superintendent.

(8)    Appoint such committees and such members of committees as may be required or as may be desirable to carry out the orderly function of the Board superintendent.

(9)    Cooperate fully with the State Superintendent at all times to the end that the State system of public education may constantly be improved.

(10)    Assume such other responsibilities and exercise such other powers and perform such other duties as may be assigned to it by law or as it may find necessary to aid in carrying out the purpose and objectives of the Constitution of the State.

Section 59-5-61.    The State Board Superintendent of Education shall through local school districts and area vocational centers establish, maintain, and operate secondary occupational vocational education courses for secondary school students in public schools in accordance with pursuant to guidelines and standards established by the Board superintendent and in accordance with pursuant to federal laws pertaining to vocational education. The Board shall superintendent also shall approve all secondary occupational vocational education courses.

Section 59-5-63.    The State Board Superintendent of Education shall promulgate regulations directing the principal of each elementary school having grades one through six to develop and implement a plan which shall equitably apportion lunchroom duty among the teachers so that each teacher has as many duty free lunch periods as may be reasonable in order to insure the safety and welfare of students and staff. The implementation of the plan shall may not impose additional costs on the school districts. The regulations shall must direct that the plan be in effect for the 1984-85 school year.

Section 59-5-65.    The State Board Superintendent of Education shall have the power and responsibility to:

(1)    Establish on or before August 15, 1985, regulations prescribing minimum standards of conduct and behavior that must be met by all pupils as a condition to the right of pupils to attend the public schools of the State. The rules shall must take into account the necessity of proper conduct on the part of all pupils in order that the welfare of the greatest possible number of pupils shall be is promoted notwithstanding that the rules may result in suspension or expulsion of pupils, provided, however, that disciplinary procedures shall must be in compliance with Public Law 94-142.

(2)    Promulgate on or before by August 15, 1985, regulations prescribing a uniform system of minimum enforcement by the various school districts of the rules of conduct and behavior.

(3)    Promulgate rules prescribing scholastic standards of achievement. The rules shall must take into account the necessity for scholastic progress in order that the welfare of the greatest possible number of pupils shall be is promoted. School districts may impose additional standards of conduct and may impose additional penalties for the violation of such the standards of behavior, provided, however, that disciplinary procedures shall must be in compliance with Public Law 94-142;

(4)    Establish on or before by July 1, 1985, regulations prescribing a uniform system of enforcement by the various school districts of the state compulsory attendance laws and regulations promulgated pursuant to Section 59-65-90.

(5)    Promulgate regulations to ensure that all secondary schools, with the exception of vocational schools and secondary schools whose enrollment is entirely handicapped, offer a clearly defined college preparatory program as specified by the State Board Superintendent of Education.

(6)    Promulgate regulations to ensure that each school district in its secondary school or vocational center shall establish clearly defined vocational programs designed to provide meaningful employment.

(7)    By January 1, 1986, establish criteria for promotion of students to the next higher grade.

In grades 1, 2, 3, 6, and 8, a student's performance on the Basic Skills Test of reading shall constitute twenty-five percent of the assessment of his achievement in reading and his performance on the Basic Skills Test of mathematics shall constitute twenty-five percent of the assessment of his achievement in mathematics. The State Board Superintendent of Education shall specify other measures of student performance in each of these subjects which shall constitute the remaining seventy-five percent of the student's assessment.

Any student who fails to meet the criteria established by the Board superintendent for promotion to the next higher grade must be retained in his current grade or assigned to a remedial program in the summer or in the next year. Students assigned to the remedial program must meet the minimum criteria established by the Board superintendent for his current grade at the conclusion of the remedial program to be promoted to the next higher grade. All handicapped students as defined by federal and state statutes and regulations are subject to the provisions of this section unless the student's individual education plan (IEP) as required by Public Law 94-142 defines alternative goals and promotion standards.

Nothing in this subitem shall prohibit the governing bodies of the school districts of this State from establishing higher standards for the promotion of students.

(8)    Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures.

(9)    [Deleted]

(10)    Adopt guidelines whereby so that the secondary schools of this State shall emphasize teaching as a career opportunity.

(11)    Adopt policies and procedures for the local school districts to follow whereby so that:

(a)    Regular conferences between parents and teachers are encouraged.

(b)    Each school has active parent and teacher participation on the School Improvement Council and in parent-teacher groups.

(c)    Parenting classes and seminars are made readily available in every school district.

(12)    Adopt policies and procedures to accomplish the following:

(a)    Have school personnel encourage advice and suggestions from the business community.

(b)    Have business organizations encourage their members to become involved in efforts to strengthen the public schools.

(c)    Encourage all schools and businesses to participate in adopt-a-school programs.

(d) Encourage statewide businesses and their organizations to initiate a Public Education Foundation to fund exemplary and innovative projects which that support improvement in the public schools.

(13)    Adopt policies and procedures to accomplish the following:

(a)    Expand school volunteer programs.

(b)    Encourage civic and professional organizations to participate in local adopt-a-school programs.

(14)    Work with the leadership network established pursuant to Section 59-6-16.

(15)    Develop by regulation a model safe schools checklist to be used by school districts on a regular basis to assess their schools' safety strengths and weaknesses. The checklist must include:

(a)    the existence of a comprehensive safety plan;

(b)    communication of discipline policies and procedures;

(c)    intraagency and interagency emergency planning;

(d)    recording of disruptive incidents;

(e)    training of staff and students;

(f)    assessment of buildings and grounds;

(g)    procedures for handling visitors;

(h)    assignment of personnel in emergencies;

(i)        emergency communication and management procedures; and

(j)    transportation rules and accident procedures.

(16)    Consult with the Department of Agricultural Education of Clemson University at all steps in the development of any state plan prepared to satisfy any federal requirement related to the Carl Perkins Vocational and Applied Technology and Education Act or any successor federal law, including, but not limited to, the allocation or distribution of funds under pursuant to this federal act.

Section 59-6-67.    (A)    The State Department of Education shall provide for continuous training for district personnel to operate the computers provided and for continuous selection and evaluation of software.

(B)The State Board Superintendent of Education, acting through the State Department of Education, shall establish and administer a competitive grant program whereby so that teachers will be awarded grants for the purpose of improving teaching practices and procedures within the budgetary limitations authorized by the General Assembly. The respective local school districts shall act as the fiscal agent for the grants. For purposes of this section the term "teacher" includes teachers, librarians, guidance counselors, and media specialists.

Section 59-5-68.    The General Assembly finds that given the fact the State provides substantial financial academic assistance to students of the State based on cumulative grade point averages and districts currently use a variety of grading scales, it is in the best interest of the students of South Carolina for a uniform grading scale to be developed and adopted by the State Board Superintendent of Education to be implemented in all public schools of the State. Therefore, the State Board Superintendent of Education is directed to establish a task force comprised of superintendents, principals, teachers, and representatives of school boards and higher education no later than June 30, 1999. The task force shall make recommendations to the board superintendent including, but not limited to, the following: consistent numerical breaks for letter grades; consideration of standards to define an honors course; appropriate weighting of courses; and determination of courses and weightings to be used in the calculation of class rank. The task force shall report its findings to the State Board Superintendent of Education no later than December 1, 1999. The State Board Superintendent of Education shall then adopt and school districts of the State shall begin using the adopted grading scale no later than the 2000-2001 school year.

Section 59-5-69.    The State Board Superintendent of Education and the Commission on Higher Education in performing the duties and responsibilities assigned to them in the South Carolina Education Improvement Act of 1984 are authorized to promulgate regulations necessary to implement these provisions.

Section 59-5-70    (A)    The board may superintendent, in its discretion, may designate one or more of its members to conduct any a hearing in connection with any responsibility of the board superintendent and to make a report on any such the hearing to the board superintendent for its determination.

(B)    The board superintendent in its discretion may also designate a hearing officer for the purpose of hearing matters relating to the suspension or revocation of teacher certificates. The hearing officer shall then make a recommendation to the board superintendent for final action.

Section 59-5-71.    The General Assembly declares that it is in the best interest of the students of South Carolina for a uniform beginning date for the annual school term to be developed and adopted by the State Board Superintendent of Education to be implemented in all the public schools of the State. Therefore, the State Board Superintendent of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board superintendent including, but not limited to, the desirability of and if agreed upon a suggested uniform beginning date for the annual school term. The task force shall report its findings to the State Board Superintendent of Education no later than October 15, 2002.

Section 59-5-75.    The State Board Superintendent of Education shall review and make any necessary revisions to regulations to define the criteria for an out-of-field permit and for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification.

Section 59-5-85.    (A)    The State Board Superintendent of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall must be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001. The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures. At least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.

(B)    Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall must include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program.

Section 59-5-90.    All powers and duties provided by law for the State Educational Finance Commission and the State Schoolbook Commission are hereby devolved upon the State Board Superintendent of Education.

Section 59-5-95.    The State Board Superintendent of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall must be a continuing body, shall include representatives of professional organizations, and shall:

(1)    review the state's academic standards in the four core academic areas and current teaching courses;

(2)    determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3)    establish syllabi to guide the development of high quality teacher preparation courses; and

(4)    develop assessments to determine the strengths and weaknesses of the curriculum.

Section 59-5-100.    The Board Superintendent of Education, as successor to the State Educational Finance Commission, shall:

(1)    disburse such funds as are provided by the General Assembly and shall have such further powers as are committed to it by this Title.; It shall

(2)    promote the improvement of the school system and its physical facilities.; It shall

(3)    make plans for the construction of necessary public school buildings.; It shall

(4)    make surveys incident to the acquisition of sites for public schools.; It shall

(5)    seek the more efficient operation of the pupil transportation system.; It shall

(6)    effect desirable consolidations of school districts throughout the entire State; and it shall     (7)    make provision for the acquisition of such further facilities as may be necessary to operate the public school system in an efficient manner.

Section 59-5-110.    As soon as practicable the Board Superintendent of Education, as successor to the State Educational Finance Commission, shall make a survey of the entire school system, which shall set forth the needs for new construction, new equipment, new transportation facilities and such other improvements as are necessary to enable all children of the State to have adequate and equal educational advantages.

Section 59-5-120.    The Board Superintendent of Education, as successor to the State Educational Finance Commission, shall prescribe and promulgate, in the manner provided by law, reasonable rules and regulations to carry out the provisions of Sections 59-5-100 and 59-5-110, Chapter 21 of this Title, Article 3 of Chapter 67 of this Title and Articles 1 and 5 of Chapter 71 of this Title and such rules and regulations shall have the full force and effect of law.

Section 59-5-130.    It shall be unlawful for any member of the Board to make any contract or to be pecuniarily interested in any contract or otherwise make a profit from any contract with the State Board of Education. Any member violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned not less than three months nor more than twelve months, or both. He shall also forfeit the amount of such claim or of his interest in such claim. The violation of this section shall constitute sufficient cause for removal of the member from office. (RESERVED)

Section 59-5-135.    (A)    The General Assembly finds that:

(1)    reading is the most important academic skill and the basis for success in school and work;

(2)    test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and

(3)    it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.

(B)    There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)    review the best practices in the teaching of reading;

(2)    provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)    award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.

(C)    The State Board Superintendent of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year.

Section 59-5-140.    Academic and vocational training provided by the South Carolina Opportunity School, the John De La Howe School and the South Carolina School for the Deaf and Blind, shall meet standards prescribed by the State Board Superintendent of Education based upon standards prescribed by the South Carolina Department of Education for the academic and vocational programs of these schools. The Board superintendent may prescribe such additional requirements as it may from time to time deem considers necessary. The State Superintendent of Education will administer the standards related to the high school and elementary school programs. Reports from the State Department of Education, evaluating the education program at such institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the board of each institution at regularly scheduled meetings. Such State Department of Education supervisory personnel as deemed appropriate shall may be utilized for evaluating the programs and reporting to each board.

Section 59-5-150.    The State Board Superintendent of Education shall initiate an award program to recognize business and industries, civic organizations, school improvement councils, and individuals contributing most significantly to public education."

SECTION    6.    Subsections (A) and (B) of Section 9-1-1795 of the 1976 Code, as last amended by Act 393 of 2000, are further amended to read:

"(A)    A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system if the retired member is a certified teacher and is employed by a school district to teach in the classroom in his area of certification in a critical academic need area or geographic need area as defined by the State Board Superintendent of Education.

(B)    For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired member is available for employment in the position, and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before May thirty-first of each year. After approval is received from the Department of Education, school districts must notify the State Board Superintendent of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."

SECTION    7.    Section 10-1-110 of the 1976 Code is amended to read:

"Section 10-1-110.    Where bids are received as a result of advertisement for the construction of public buildings to be built with funds furnished by the State Board Superintendent of Education and the lowest bid is rejected and another accepted, any contract based on the bid shall be subject to the approval of the State Board Superintendent of Education."

SECTION    8.    Section 20-7-6855(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(C)    Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State.

Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled "Education Finance Act." The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

SECTION    9.    Section 24-25-30 of the 1976 Code is amended to read:

"Section 24-25-30.    Academic and vocational training provided by the Palmetto Unified School District No. 1 shall meet standards prescribed by the State Board Superintendent of Education, for the academic and vocational programs of these schools. The State Superintendent of Education shall administer the standards relating to the educational programs of the district. Reports shall be made by the State Department of Education to the Board Superintendent of Trustees indicating the degree of compliance with the standards prescribed by the State Board Superintendent of Education at least annually. Such State Department of Education supervisory personnel as deemed appropriate by the Department shall be utilized for evaluating the programs of the district and reporting to the district board."

SECTION    10.    Section 24-25-35 of the 1976 Code, as added by Act 497 of 1994, is amended to read:

"Section 24-25-35.    The Palmetto Unified School District 1 of the South Carolina Department of Corrections and Probation shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item 'Education Finance Act' shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board Superintendent of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

SECTION    11.    Section 34-28-540(1)(j) of the 1976 Code is amended to read:

"(j)    obligations issued by the State Board Superintendent of Education under authority of the Constitution of this State or by law;"

SECTION    12.    Section 40-33-530 of the 1976 Code is amended to read:

"Section 40-33-530.    Each applicant shall furnish evidence satisfactory to the Board Superintendent that he is at least eighteen years of age, has completed at least four years of work in a high school accredited by the State Board Superintendent of Education in the state in which the school is located or the equivalent of such work, satisfactory evidence of which must be furnished to the Board Superintendent, has completed a course of study in an approved nursing education program, and has met other preliminary qualification requirements as the Board Superintendent may prescribe. The Board Superintendent may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct."

SECTION    13.    Section 56-1-176(A)(2)(a) of the 1976 Code , as last amended by Act 181 of 2002, is further amended to read:

"(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board Superintendent of Education, as applicable; and"

SECTION    14.    Section 56-5-190 of the 1976 Code is amended to read:

"Section 56-5-190.    Every motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board Superintendent of Education Regulations and Specifications Pertaining to School Buses which is used to transport children to or from public school or in connection with school activities, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a 'school bus'."

SECTION    15.    Section 59-1-40 of the 1976 Code is amended to read:

"Section 59-1-40.    The State system of public education shall consist of such school systems, schools, institutions, agencies, services, and types of instruction as may be provided and authorized by law, or by rules and regulations of the State Board Superintendent of Education within limits prescribed by law."

SECTION    16.    Sections 59-1-170 and 59-1-180 of the 1976 Code are amended to read:

"Section 59-1-170.    'State Board superintendent' means State Board Superintendent of Education.

Section 59-1-180.    'State Educational Finance Commission' means the State Board Superintendent of Education."

SECTION    17.    Section 59-1-320 of the 1976 Code is amended to read:

"Section 59-1-320.    The State Board Superintendent of Education shall make such rules and regulations, not inconsistent with the National Flag Code, for the display of the flag of the United States of America and for the display of the flag of the State at public schools. The person at the head of any public school in the State shall display the flag of the United States and the flag of the State at such times and at such places under such restrictions and rules as may be adopted by the State Board Superintendent of Education."

SECTION    18.    Section 59-1-400(C) of the 1976 Code is amended to read:

"(C)    School districts shall report to the State Board Superintendent of Education costs incurred in implementing subsection A of this section. The State Department of Education shall report the assembled cost data to the State Budget and Control Board."

SECTION    19.    Sections 59-1-445 through 59-1-448 of the 1976 Code are amended to read:

"Section 59-1-445.    (1)    It is unlawful for anyone knowingly and wilfully to violate security procedures regulations promulgated by the State Board Superintendent of Education for mandatory tests administered by or through the State Board Superintendent of Education to students or educators, or knowingly and wilfully to:

(a)    Give examinees access to test questions prior to testing;

(b)    Copy, reproduce, or use in any manner inconsistent with test security regulations all or any portion of any secure test booklet;

(c)    Coach examinees during testing or alter or interfere with examinees' responses in any way;

(d)    Make answer keys available to examinees;

(e)    Fail to follow security regulations for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;

(f)    Participate in, direct, aid, counsel, assist in, encourage, or fail to report any of the acts prohibited in this section.

Any person violating the provisions of this section or regulations issued hereunder is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both. Upon conviction, the State Board Superintendent of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.

(2)    The South Carolina Law Enforcement Division shall investigate allegations of violations of mandatory test security, either on its own initiative following receipt of allegations, or at the request of a school district or the State Department of Education.

The South Carolina Law Enforcement Division shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.

(3)    Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board Superintendent of Education or the State Department of Education in test development or selection, test-form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.

Section 59-1-447.    The State Board Superintendent of Education shall by regulation establish detailed mandatory test security procedures.

Section 59-1-448.    No funds appropriated by the General Assembly may be used to raise the salaries of public school principals or public vocational school directors to meet the requirements of any regulation promulgated by the State Board Superintendent of Education establishing a minimum differential between the salaries of teachers and the salaries of public school principals or public vocational school directors on less than a monthly basis."

SECTION    20    Section 59-1-450 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-1-450.    The State Board Superintendent of Education, through the Department of Education and in consultation with the Education Oversight Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents in their role as the principal teachers of their preschool children. The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.

The State Board Superintendent of Education, through the Department of Education and after consultation with the Education Oversight Committee, shall promulgate regulations to implement parenting/family literacy programs in all school districts or consortia of school districts. Priority must be given to serving those parents whose children are considered at risk for school failure according to criteria established by the State Board Superintendent of Education. From funds appropriated for the programs, an adequate number of those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter. Only those projects whose evaluations show them to be most effective may be selected based on criteria developed by the State Department of Education in consultation with the Education Oversight Committee.

Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free and reduced-price lunch-eligible students in grades one through three in a district or consortium relative to the total free and reduced-price lunch-eligible students in grades one through three in the State. The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section.

The State Board Superintendent of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department Bureau of Health and Environmental Control Programs, Department Bureau of Social Services, the South Carolina State Library, and Department of Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board Superintendent and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.

By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department Bureau of Health and Environmental Control Programs, the Department Bureau of Social Services, the South Carolina State Library, and the Department of Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The Executive Director of the Finance Commission Secretary of the Department of Health and Human Services shall chair this committee. By July 1, 1994, this committee shall report to the Education Oversight Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department Division of Health and Environmental Control Programs, the Department Bureau of Social Services, and the Department of Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."

SECTION    21.    Section 59-1-452 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-1-452.    The Public School Employee Cost Savings Program is established for the purpose of making cash awards to individual school district employees for cost saving ideas which are proven to be workable. The program must be administered by the State Department of Education with the advice and assistance of a special committee to screen suggested ideas and recommend those with potential merit to be implemented and evaluated. The committee must be composed of:

(1)    one member who is serving on a public school board, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina School Boards Association;

(2)    one member who is serving as a public school superintendent, or district financial administrator, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina Association of School Administrators;

(3)    one member who is serving as a public school principal, vocational center director, or school administrator, appointed by the State Board Superintendent of Education;

(4)    one public school teacher with a minimum of fifteen years service, appointed by the State Board Superintendent of Education upon the recommendation of the South Carolina Education Association;

(5)    one public school teacher with a minimum of fifteen years service, appointed by the State Board Superintendent of Education upon the recommendation of the Palmetto State Teachers Association;

(6)    two members appointed by the State Superintendent of Education; and

(7)    five private sector business persons, who hold no public office, one appointed by the Governor, one appointed by the Chairman of the Senate Finance Committee, one appointed by the Chairman of the House Ways and Means Committee, one appointed by the Chairman of the House Education and Public Works Committee, and one appointed by the Chairman of the Senate Education Committee.

Committee members shall serve three-year terms except that of those initially appointed, four shall serve initial terms of one year, four shall serve initial terms of two years, and four shall serve initial terms of three years, these initial terms to be determined by lot at the first meeting of the committee. Members of the committee must not serve on the Education Improvement Act Education Oversight Committee, the Business-Education Partnership for Excellence in Education, or the Business-Education Subcommittee while serving on the committee created under this section. Committee members must attend at least eighty percent of the meetings of the committee in each fiscal year or be replaced. Vacancies must be filled in the manner of original appointment.

The State Board superintendent shall promulgate regulations and establish procedures to administer the program. The regulations shall limit individual cash awards to twenty-five percent of the cost savings for one fiscal year or five thousand dollars, whichever is less. No employee may receive an award for an idea which could have been implemented by the employee through his normal job duties. Employees of the State Department of Education may participate in the program.

The State Department of Education shall provide administrative support for the program. The State Board Superintendent of Education shall waive or modify its regulations when appropriate and necessary to achieve cost savings.

The General Assembly shall provide funds to initiate and support the program. Two years after initial implementation of the program, the program must be self-supporting. It is the intent of the General Assembly that the funds appropriated for this program will then be used for assessing the impact of the programs developed under Target 2000."

SECTION    22.    Section 59-3-30 of the 1976 Code is amended to read:

"Section 59-3-30.    The State Superintendent of Education shall:

(1)    Serve as secretary and administrative officer to the State Board Superintendent of Education.

(2)    Have general supervision over and management of all public school funds provided by the State and Federal Governments.

(3)    Organize, staff and administer a State Department of Education which shall include such division and departments as are necessary to render the maximum service to public education in the State.

(4)    Keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by his personal appearances at public gatherings and by information furnished to the various news media of the State.

(5)    Have printed and distributed such bulletins, manuals, and circulars as he may deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and have printed all forms necessary and proper for the administration of the State Department of Education.

(6)    Administer, through the State Department of Education, all policies and procedures adopted by the State Board Superintendent of Education.

(7)    Assume such other responsibilities and perform such other duties as may be prescribed by law or as may be assigned by the State Board Superintendent of Education."

SECTION    23.    Section 59-3-60(9) of the 1976 Code is amended to read:

"(9)    Such other statistical information as he may deem important, together with such plans as he may have matured and the State Board Superintendent of Education may have recommended for the management and improvement of the school fund and for the more perfect organization and efficiency of the free public schools.

All State institutions of higher learning shall make an annual report on or before the first day of September of each year to the State Superintendent of Education, embracing a detailed account of the operations of such institutions, including the expenditure of the public moneys for the current scholastic year. The State Superintendent of Education shall include such reports in his annual report to the General Assembly."

SECTION    24.    Section 59-6-10(A)(3) of the 1976 Code, as last amended by Act 327 of 2002, is further amended to read:

"(3)    report annually to the General Assembly, State Board Superintendent of Education, and the public on the progress of the programs;"

SECTION    25.    Section 59-6-16 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-6-16.    The State Board Superintendent of Education in consultation with the Business-Education Subcommittee shall appoint a leadership network of representatives from the private sector. The leadership network shall assist the State Board Superintendent of Education business-education partnership program by:

(1)    promoting business-education partnerships,

(2)    evaluating business-education partnerships,

(3)    disseminating the benefits of business-education partnerships, and

(4)    formulating recommendations on goals and activities for the business-education partnership program. The leadership network shall meet at least quarterly and make regular reports to the Business-Education Subcommittee, State Board Superintendent of Education, and Education Oversight Committee."

SECTION    26.    Sections 59-6-20 and 59-6-30 of the 1976 Code, both as last amended by Act 400 of 1998, are further amended to read:

"Section 59-6-20.    The State Board Superintendent of Education and State Superintendent of Education must establish within the State Department of Education a special unit at the division level called the Public Accountability Division. This special unit must be eliminated on July 1, 1991. The unit head shall hold a position comparable to a deputy superintendent and must be under the direct supervision of and shall report to the State Superintendent of Education.

The deputy superintendent must provide all reports to the Governor, Education Oversight Committee, Business-Education Partnership for Excellence in Education, Business-Education Subcommittee, and State Board Superintendent of Education, and respond to any inquiries for information.

The Business-Education Subcommittee shall serve as a screening committee for the selection of the unit head. The screening committee shall recommend for consideration three applicants. Final selection of the unit head must be made by the State Superintendent of Education after consulting with the Governor. All other positions must be filled following current state personnel and State Department of Education employment procedures.

The new unit is responsible for planning, monitoring, and reviewing programs developed under the Education Improvement Act and shall provide information, recommendations, and an annual assessment of the Education Improvement Act to the Governor, Education Oversight Committee, and Business-Education Subcommittee.

The operating procedures for the new unit are the same as the operating procedures for the three established divisions in the State Department of Education. The Business-Education Subcommittee shall review and approve all products produced by the new unit and make recommendations to the State Board Superintendent of Education for final approval.

Section 59-6-30.    The State Board Superintendent of Education shall provide an assessment of the South Carolina Education Improvement Act of 1984 for consideration by the Business-Education Subcommittee and the General Assembly. A special assessment shall be provided on March 1, 1985. Commencing in 1985, an annual assessment must be provided by December first of each year and an appropriate amount of funding must be provided for this purpose. The Business-Education Subcommittee shall provide a report on the assessment to the Business-Education Partnership, and the partnership shall submit its recommendations to the General Assembly prior to February first. The staff of the Business-Education Subcommittee shall serve as the primary staff to the Business-Education Partnership and may solicit the assistance of the staffs of the House Education and Public Works Committee, the Senate Education Committee, the Education Oversight Committee, the Public Accountability Division, and the Governor's Office."

SECTION    27.    Sections 59-6-110 and 59-6-120 of the 1976 Code, both as added by Act 400 of 1998, are amended to read:

"Section 59-6-110.    The division must examine the public education system to ensure that the system and its components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or modification of statutes, policies, and rules that deter school improvement. The division must provide annually its findings and recommendations in a report to the Education Oversight Committee no later than February first. The division is to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts and:

(1)    monitor and evaluate the implementation of the state standards and assessment;

(2)    oversee the development, establishment, implementation, and maintenance of the accountability system;

(3)    monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices and report annually its findings and recommendations in a report to the commission no later than February first of each year; and

(4)    perform other studies and reviews as required by law.

The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability. It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any legislation. In the performance of its duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties regarding confidentiality of records as they apply to students, schools, school districts, the Department of Education, and the Board Superintendent of Education.

Section 59-6-120.    The State Department of Education, the State Board Superintendent of Education, and the school districts and schools shall work collaboratively with the Division of Accountability to provide information needed to carry out the responsibilities and duties of its office. The Division of Accountability may call on the expertise of the state institutions of higher learning and any other public agencies for carrying out its functions and may coordinate and consult with existing agency and legislative staff."

SECTION    28.    Section 59-13-20 of the 1976 Code is amended to read:

"Section 59-13-20.    The person appointed as administrative officer to the board of education and the person appointed superintendent of any school district shall meet the qualifications required and possess the superintendent certificate issued by the State Board Superintendent of Education.

The board of education of any county and the board of trustees of any school district, however, may impose any additional qualifications which it may deem proper. This section shall not affect any person presently serving as county or district superintendent of education."

SECTION    29.    Section 59-13-40 of the 1976 Code is amended to read:

Section 59-13-40.    The State Board Superintendent of Education shall, except as otherwise expressly provided, fill all vacancies in the office of county superintendent of education for the unexpired term."

SECTION    30.    Section 59-13-60 of the 1976 Code is amended to read:

"Section 59-13-60.    Each county and district superintendent of education shall assume such responsibilities and perform such duties as may be prescribed by law or by rules and regulations of the State Board Superintendent of Education or as may be assigned or prescribed by the county board of education or the district board of trustees."

SECTION    31.    Section 59-13-120 of the 1976 Code is amended to read:

"Section 59-13-120.    Any teacher, principal or superintendent employed in the schools of this State, supported in whole or in part at public expense, shall file within two weeks after the close of the session of such school a full and accurate report as required by law. Any person neglecting, refusing or omitting to file such report when requested by the county superintendent of education shall be liable to the cancellation of his certificate to teach by the State Board Superintendent of Education and to a fine of not more than twenty-five dollars to be imposed at the discretion of the county board of education."

SECTION    32.    Section 59-13-140 of the 1976 Code is amended to read:

"Section 59-13-140.    Each county superintendent of education shall file with the State Board Superintendent of Education within two months after the close of the scholastic year a full and accurate report of all schools under his supervision, which report shall contain such statistics and such other information as the law and the state Board superintendent may require. In any county which does not have a county superintendent of education, the report shall be made by the district superintendent."

SECTION    33.    Section 59-17-60 of the 1976 Code is amended to read:

"Section 59-17-60.    When two or more districts are consolidated under the provisions of Section 59-17-50, the county board of education shall file a copy of the order of consolidation in the office of the clerk of court and with the State Board Superintendent of Education. Such filing shall complete the consolidation of such districts for all intents and purposes."

SECTION    34.    Section 59-17-130 of the 1976 Code, as added by Act 334 of 1996, is amended to read:

"Section 59-17-130.    (A)    The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American Sign Language.

(B)    The State Board Superintendent of Education shall establish guidelines on the qualifications needed for those teaching an American Sign Language course and on a recommended course of study to be followed.

(C)    The State Board Superintendent of Education shall establish a task force to assist in the development of the guidelines pursuant to this section. The task force shall consist of nine members as follows:

(1)    The President of the South Carolina Association of the Deaf, or his designee;

(2)    A parent of a deaf child in a mainstreamed program;

(3)    A parent of a deaf child in a residential program who is currently enrolled at the South Carolina School for the Deaf and Blind;

(4)    A representative from the foreign language department of a college or university in South Carolina;

(5)    The Director of the Interpreter Training Program of Spartanburg Technical College, or his designee;

(6)    A representative from the South Carolina School for the Deaf and Blind;

(7)    Two instructors of American Sign Language, one of whom must be deaf;

(8)    A representative from the State Department of Education.

The task force shall be established within three months of the effective date of this act and shall terminate upon completion of the guidelines. The State Department of Education shall provide the necessary administrative and research support for the task force. Members of the task force shall serve without compensation."

SECTION    35.    Chapter 18, Title 59 of the 1976 Code is amended to read:

Section 59-18-100.    The General Assembly finds that South Carolinians have a commitment to public education and a conviction that high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly in this chapter to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students are equipped with a strong academic foundation. Accountability, as defined by this chapter, means acceptance of the responsibility for improving student performance and taking actions to improve classroom practice and school performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local school boards, administrators, teachers, parents, students, and the community.

Section 59-18-110.    The system is to:

(1)    use academic achievement standards to push schools and students toward higher performance by aligning the state assessment to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;

(2)    provide an annual report card with a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible which furnishes clear and specific information about school and district academic performance and other performance to parents and the public;

(3)    require all districts to establish local accountability systems to stimulate quality teaching and learning practices and target assistance to low performing schools;

(4)    provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance;

(5)    support professional development as integral to improvement and to the actual work of teachers and school staff; and

(6)    expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.

Section 59-18-120.    As used in this chapter:

(1)    'Oversight Committee' means the Education Oversight Committee established in Section 59-6-10.

(2)    'Standards based assessment' means an assessment where an individual's performance is compared to specific performance standards and not to the performance of other students.

(3)    'Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and family income level.

(4)    'Longitudinally matched student data' means examining the performance of a single student or a group of students by considering their test scores over time.

(5)    'Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample of similar students known as the norm group.

(6)    'Academic achievement standards' means statements of expectations for student learning.

(7)    'Department' means the State Department of Education.

(8)    'Absolute performance' means the rating a school will receive based on the percentage of students meeting standard on the state's standards based assessment.

(9)    'Improvement performance' means the rating a school will receive based on longitudinally matched student data comparing current performance to the previous year's for the purpose of determining student academic growth.

(10)    'Objective and reliable statewide assessment' means assessments which yield consistent results and which measure the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/false or multiple choice questions.

(11)    'Division of Accountability' means the special unit within the oversight committee established in Section 59-6-100.

Section 59-18-300.    The State Board Superintendent of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science for kindergarten through twelfth grade and for grades nine through twelve adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards are to promote the goals of providing every student with the competencies to:

(1)    read, view, and listen to complex information in the English language;

(2)    write and speak effectively in the English language;

(3)    solve problems by applying mathematics;

(4)    conduct research and communicate findings;

(5)    understand and apply scientific concepts;

(6)    obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and

(7)    use information to make decisions.

The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools so that students are encouraged to learn at unprecedented levels and must be reflective of the highest level of academic skills at each grade level."

Section 59-18-310.    (A)    Notwithstanding any other provision of law, the State Board Superintendent of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to measure student performance on state standards and:

(1)    identify areas in which students need additional support;

(2)    indicate the academic achievement for schools, districts, and the State; and

(3)    satisfy federal reporting requirements.

All assessments required to be developed or adopted under the provisions of this section or chapter must be objective and reliable.

(B)    The statewide assessment program in the four academic areas shall include grades three through eight, an exit examination which is to be first administered in grade ten, and end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve.

(C)    While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.

Section 59-18-320.    (A)    After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board Superintendent of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.

(B)    After review and approval by the Education Oversight Committee, the standards based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these four academic areas will be administered for the first time at the end of grade ten. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities.

(C)    After review and approval by the Education Oversight Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.

(D)    Any new standards and assessments required to be developed and adopted by the State Board Superintendent of Education, through the Department of Education, must be developed and adopted upon the advice and consent of the Education Oversight Committee.

Section 59-18-330.    The State Board Superintendent of Education, through the State Department of Education, shall develop, select, or adapt a first grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the adopted grade two academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the tests is to measure individual student readiness, and they are not to be used as an accountability measure at the state level. However, the grade two readiness test will serve as the baseline for grade three assessment.

Section 59-18-340.    The State Board Superintendent of Education, following the recommendations of the Accountability Division of the Education Oversight Committee, is directed to select a norm referenced test to obtain an indication of student and school performance relative to national performance levels. The test must be administered annually to a statistically valid random sample of students in at least three grades from grades three through eleven. The Oversight Committee shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1998-1999 school year.

Section 59-18-350.    High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.

Section 59-18-360.        The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy."

Section 59-18-500.    (A)    Beginning in 1998-99 and annually thereafter, at the beginning of each school year, the school must notify the parents of the need for a conference for each student in grades three through eight who lacks the skills to perform at his current grade level based on assessment results, school work, or teacher judgment. At the conference, the student, parent, and appropriate school personnel will discuss the steps needed to ensure student success at the next grade level. An academic plan will be developed to outline additional services the school and district will provide and the actions the student and the parents will undertake to further student success.

(B)    The participants in the conference will sign off on the academic plan, including any requirement for summer school attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will appoint a school mentor, either a teacher or adult volunteer, to work with the student and advocate for services. A copy of the academic plan will be sent to the parents by certified mail.

(C)    At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained, he may be required to attend summer school, or he may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in the academic plan for promotion. Students required to participate the following year in a comprehensive remediation program must be considered on academic probation. Comprehensive remediation programs established by the district shall operate outside of the normal school day and must meet the guidelines established for these programs by the State Board Superintendent of Education. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.

(D)    At the end of summer school, a district panel must review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the students assessment results show standards are not met, the student must be placed on academic probation. A conference of the student, parents, and appropriate school personnel must revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect.

(E)    Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews. Information on these policies must be given to every student and parent. Each district is to monitor the implementation of academic plans as a part of the local accountability plan. Districts are to use Act 135 of 1993 academic assistance funds to carry out academic plans, including required summer school attendance. Districts' policies regarding retention of students in grades one and two remain in effect.

(F)    The State Board Superintendent of Education, working with the Oversight Committee, will establish guidelines until regulations are promulgated to carry out this section. The State Board Superintendent of Education, working with the Accountability Division, will promulgate regulations requiring the reporting of the number of students retained at each grade level, the number of students on probation, number of students retained after being on probation, and number of students removed from probation. This data will be used as a performance indicator for accountability."

Section 59-18-700.    The criteria governing the adoption of instructional materials shall be revised by the State Board Superintendent of Education to require that the content of such materials reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board superintendent.

Section 59-18-710.    By November, 2000, the State Board Superintendent of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations outlining the criteria for the state's accreditation system which must include student academic performance.

Section 59-18-900.    (A)    The Education Oversight Committee, working with the State Board Superintendent of Education, is directed to establish an annual report card and its format to report on the performance for the individual elementary, middle, high schools, and school districts of the State. The school's ratings on academic performance must be emphasized and an explanation of their significance for the school and the district must also be reported. The annual report card must serve at least four purposes:

(1)    inform parents and the public about the school's performance;

(2)    assist in addressing the strengths and weaknesses within a particular school;

(3)    recognize schools with high performance; and

(4)    evaluate and focus resources on schools with low performance.

(B) The Oversight Committee shall determine the criteria for and establish five academic performance ratings of excellent, good, average, below average, and unsatisfactory. Schools and districts shall receive a rating for absolute and improvement performance. Only the scores of students enrolled in the school at the time of the forty-five-day enrollment count shall be used to determine the absolute and improvement ratings. The Oversight Committee shall establish student performance indicators which will be those considered to be useful for assessing a school's overall performance and appropriate for the grade levels within the school.

(C)    In setting the criteria for the academic performance ratings and the performance indicators, the Education Oversight Committee shall report the performance by subgroups of students in the school and schools similar in student characteristics. Criteria must use established guidelines for statistical analysis and build on current data-reporting practices.

(D)    The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, student and teacher ratios, and attendance data.

(E)    The principal, in conjunction with the School Improvement Council established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The school's report card must be furnished to parents and the public no later than November fifteenth.

(F)    The percentage of new trustees who have completed the orientation requirement provided in Section 59-19-45 must be reflected on the school district report card.

Section 59-18-910.    No later than June 1, 1999, the Accountability Division must report on the development of the performance indicators criteria and the report card to the Education Oversight Committee and the State Board Superintendent of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. No later than September, 1999, the State Department of Education shall report to the Oversight Committee the determination of the levels of difficulty for the assessments by grade and academic area. By March 1, 2000, a report on the development of baseline data for the schools is due from the division."

Section 59-18-920.    Charter schools established pursuant to Chapter 40, Title 59 will receive a performance rating and must issue a report card to parents and the public containing the rating and explaining its significance and providing other information similar to that required of other schools in this section. Alternative schools are included in the requirements of this chapter; however, the purpose of such schools must be taken into consideration in determining their performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, will develop a report card for vocational schools.

Section 59-18-930.    Beginning in 2001 and annually thereafter the State Department of Education must issue report cards to all schools and districts of the State no later than November first. The report card must be mailed to all parents of the school and the school district. The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.

Section 59-18-1100.    The State Board Superintendent of Education, working with the division and the Department of Education, must establish the Palmetto Gold and Silver Awards Program to recognize and reward schools for academic achievement. Awards will be established for schools attaining high levels of absolute performance and for schools attaining high rates of improvement. The award program must base improved performance on longitudinally matched student data and may include such additional criteria as:

(1)    student attendance;

(2)    teacher attendance;

(3)    student dropout rates; and

(4)    any other factors promoting or maintaining high levels of achievement and performance. Schools shall be rewarded according to specific criteria established by the division. In defining eligibility for a reward for high levels of performance, student performance should exceed expected levels of improvement. The State Board Superintendent of Education shall promulgate regulations to ensure districts of the State utilize these funds to improve or maintain exceptional performance according to their school's plans established in Section 59-139-10. Funds may be utilized for professional development support.

Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have demonstrated improvement and high absolute achievement for three years immediately preceding."

Section 59-18-1110.    (A)    Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program provided that, during a three-year period, the following criteria are satisfied:

(1)    the school has twice been a recipient of a Palmetto Gold or Silver Award, pursuant to Section 59-18-1100;

(2)    the school has met annual improvement standards for subgroups of students in reading and mathematics; and

(3)    the school has exhibited no recurring accreditation deficiencies.

(B)    Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board Superintendent of Education in consultation with the Education Oversight Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.

(C)    To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-1100 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board Superintendent of Education for an extension of this status for one year.

(D)    In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.

Section 59-18-1120.    (A)    Notwithstanding any other provision of law, a school designated as unsatisfactory while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program or other State Board Superintendent of Education regulations, dealing with the core academic areas as outlined in Section 59-18-120, provided that the review team recommends such flexibility to the State Board Superintendent of Education.

(B)    Other schools may receive flexibility when their strategic plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the approval by the State Board Superintendent of Education. To continue to receive flexibility pursuant to this section, a school must annually exhibit overall school improvement as outlined in its revised plan and must meet the gains set for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board Superintendent of Education for an extension of this status for one year according to the provisions of Section 59-18-1110(D)."

Section 59-18-1300.    The State Board Superintendent of Education, based on recommendations of the division, must develop regulations requiring that no later than August, 1999, each district board of trustees must establish and annually review a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development, annual review, and revisions of the accountability system established by the district. The board of trustees shall ensure that a district accountability plan be developed, reviewed, and revised annually. In order to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement, the district accountability system must build on the district and school activities and plans required in Section 59-139-10. In keeping with the emphasis on school accountability, principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board Superintendent of Education guidelines.

The Department of Education shall offer technical support to any district requesting assistance in the development of an accountability plan. Furthermore, the department must conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the division for approval by August, 1999. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department within ninety days.

Section 59-18-1310.    The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500, and 59-20-60 are consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board Superintendent of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April thirtieth annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school, to be developed in conjunction with the School Improvement Council, and this report shall be provided and advertised no later than April thirtieth annually. The school report card narrative in Section 59-18-900 continues on its prescribed date.

Section 59-18-1500.    (A)    When a school receives a rating of below average or unsatisfactory, the following actions must be undertaken by the school, the district, and the board of trustees:

(1)    The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.

(2)    Once the revised plan is developed, the district superintendent and the local board of trustees shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance. Once the district board has approved the plan, it must delineate the strategies and support the district will give the plan.

(3)    After the approval of the revised plan, the principals' and teachers' professional growth plans, as required by Section 59-26-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified in the revised plan and must establish individual improvement criteria on the performance dimensions for the next evaluation.

(4)    The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board Superintendent of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information must also be advertised in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute performance rating and improvement performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance; and

(5)    Upon a review of the revised plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-1560 will be eligible for the grant programs created by that section.

Section 59-18-1510.    (A)    When a school receives a rating of unsatisfactory or upon the request of a school rated below average, an external review team must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The Education Oversight Committee, in consultation with the State Department of Education, shall develop the criteria for the identification of persons to serve as members of an external review team which shall include representatives from selected school districts, respected retired educators, State Department of Education staff, higher education representatives, parents from the district, and business representatives.

(B)    The activities of the external review committee may include:

(1)    examine all facets of school operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards, and recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;

(2)    consult with parents, community members, and members of the School Improvement Council to gather additional information on the strengths and weaknesses of the school;

(3)    identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;

(4)    work with school staff, central offices, and local boards of trustees in the design of the school's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in that school;

(5)    identify needed support from the district, the State Department of Education, and other sources for targeted long-term technical assistance;

(6)    report its recommendations, no later than three months after the school receives the designation of unsatisfactory to the school, the district board of trustees, and the State Board Superintendent of Education; and

(7)    report annually to the local board of trustees and state board superintendent over the next four years, or as deemed necessary by the state board superintendent, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.

(C)    Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board Superintendent of Education. After the approval of the recommendations, the department shall delineate the activities, support, services, and technical assistance it will provide to the school. With the approval of the state board superintendent, this assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement.

Section 59-18-1520.    If the recommendations approved by the state board superintendent, the district's plan, or the school's revised plan is not satisfactorily implemented by the school rated unsatisfactory and its school district according to the time line developed by the State Board Superintendent of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board Superintendent of Education to outline the reasons why a state of emergency should not be declared in the school. The state superintendent, after consulting with the external review committee and with the approval of the State Board Superintendent of Education, shall be granted the authority to take any of the following actions:

(1)    furnish continuing advice and technical assistance in implementing the recommendations of the State Board Superintendent of Education;

(2)    declare a state of emergency in the school and replace the school's principal; or

(3)    declare a state of emergency in the school and assume management of the school.

Section 59-18-1530.    (A)    Teacher specialists on site must be assigned in any of the four core academic areas to a middle or high school in an impaired district or designated as below average or unsatisfactory, if the review team so recommends and recommendation is approved by the State Board Superintendent of Education. Teacher specialists on site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.

(B)    In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year for up to three years, or as recommended by the review committee and approved by the state board superintendent. Teacher specialists must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher specialists shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a teacher specialist.

(C)    To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. The salary and supplement is to be paid by the State for three years.

(D)    In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education, shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for principal specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a principal specialist.

(E)    In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for two years.

(F)    The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.

(G)    For retired educators drawing benefits from the state retirement system who are serving in the capacity of principal or teacher specialist on site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the state retirement system do not apply to any compensation paid to them as an on-site specialist not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the state retirement system related to this compensation and no additional retirement benefits or credits may be received or accrued.

(H)    Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists.

Section 59-18-1540.    Each principal continued in employment in schools in districts designated as impaired or in schools designated as below average or unsatisfactory must participate in a formal mentoring program with a principal. The Department of Education, working with the Education Oversight Committee, shall design the mentoring program and provide a stipend to those principals serving as mentors.

Section 59-18-1550.    Each teacher employed in schools designated as below average or unsatisfactory who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board Superintendent of Education. To receive credit, activities must be based on identified professional development needs outlined in the school's improvement plan and must include at least one of the following:

(1)    summer institute with follow-up activities;

(2)    practice of new teaching strategies with peers regularly throughout the school year;

(3)    work with peer study groups during the academic year in planning lessons; and

(4)    observing and coaching regularly in one another's classrooms.

The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.

Section 59-18-1560.    (A)    The State Board Superintendent of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as below average and for schools designated as unsatisfactory. A school designated as below average will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on high standards and effective activities. A school designated as unsatisfactory will qualify for the grant program after the State Board Superintendent of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, any revisions to the plan must meet high standards prior to renewal of the grant. The revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board Superintendent of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board Superintendent of Education. Prior to extending any grant, the Accountability Division shall review school expenditures to make a determination of the effective use of previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.

(B)    The State Board Superintendent of Education, working with the Department of Education and with the approval of the Education Oversight Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the school ratings in Section 59-18-900(B) are implemented. In developing the eligibility guidelines, the board superintendent should consider criteria similar to that used in the former impaired district program. Until such time as regulations are promulgated, the funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.

(C)    A public school assistance fund shall be established as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board Superintendent of Education, in consultation with the commission, shall administer and authorize any disbursements from the fund. The State Board Superintendent of Education shall promulgate regulations to implement the provisions of this section.

Section 59-18-1570.    (A)    When a district receives a rating of below average, the State Superintendent, with the approval of the State Board Superintendent of Education, shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:

(1)    examine all facets of school and district operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;

(2)    consult with parents and community members to gather additional information on the strengths and weaknesses of the district;

(3)    identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board superintendent;

(4)    work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in the district;

(5)    identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;

(6)    report its recommendations, no later than three months after the district receives the designation of unsatisfactory, to the superintendent, the district board of trustees, and the State Board Superintendent of Education; and

(7)    report annually over the next four years to the local board of trustees and state board superintendent, or as deemed necessary by the state board superintendent, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.

(B)    Within thirty days, the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board Superintendent of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually to the local board of trustees and the state board superintendent over the next four years, or as deemed necessary by the state board superintendent, on the district's progress in implementing the recommendations and improving student performance.

(C)    The review committee shall be composed of State Department of Education staff, representatives from selected school districts, higher education, and business.

Section 59-18-1580.    If recommendations approved by the State Board Superintendent of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board Superintendent of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must appear before the State Board Superintendent of Education to outline the reasons why a state of emergency should not be declared in the district. The state superintendent, with the approval of the State Board Superintendent of Education, is granted authority to do any of the following:

(1)    furnish continuing advice and technical assistance in implementing the recommendations of the State Board Superintendent of Education;

(2)    recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. Local boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;

(3)    declare a state of emergency in the school district and assume management of the school district."

Section 59-18-1590.    To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:

(1)    establish an ongoing state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;

(2)    provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and

(3)    establish a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.

Section 59-18-1595.    Notwithstanding any other provision of law, and in order to provide assistance at the beginning of the school year, schools may qualify for technical assistance based on the criteria established by the Education Oversight Committee for school ratings and on the most recently available PACT scores. In order to best meet the needs of low-performing schools, the funding provided for technical assistance under the Education Accountability Act may be reallocated among the programs and purposes specified in this section. The State Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority school assistance shall include a year-long technical assistance team that may include a lead principal or curriculum specialist, or both. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of a teacher specialist. Technical assistance for below average schools shall be provided to the extent possible in order of need. The State Department of Education shall provide information on the technical assistance strategies and their impact to the State Board Superintendent of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually."

Section 59-18-1700.    (A)    An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina. A special committee shall be appointed by the Chairman of the Education Oversight Committee to include two committee members representing business and two representing education and others representing business, industry, and education. The committee shall plan and oversee the development of a campaign, including public service announcements for the media and other such avenues as deemed appropriate for informing the public. The plan must be reported to the Governor, the Senate Education Committee, and the House Education and Public Works Committee by March 15, 1999.

(B)    A separate fund within the state general fund will be established to accept grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for the public information campaign. Members of the Oversight Committee representing business will solicit donations for this fund. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The Oversight Committee shall administer and authorize any disbursements from the fund. Private individuals and groups shall be encouraged to contribute to this endeavor.

Section 59-18-1910.    The State Board Superintendent of Education shall establish grant programs to fund homework centers in schools and districts designated as below average and unsatisfactory. Until such time as these ratings are established, all schools in districts declared to be impaired are eligible to receive funding on a per pupil basis. Schools receiving such designations must provide centers that go beyond the regular school hours where students can come and receive assistance in understanding and completing their school work. Funds provided for these centers may be used for salaries for certified teachers and for transportation costs. Homework centers meeting the criteria established by the board superintendent shall receive funds as appropriated by the General Assembly. For 1998-99, of the funds appropriated for assessment, up to five hundred thousand dollars shall be used for homework centers."

Section 59-18-1920.    (A)    The State Board Superintendent of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year or school day schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations, or for additional costs incurred by lengthening the school day. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high-school attendance area, must be pilot testing or implementing the modified year or day schedule. Districts declared to be impaired will have priority in obtaining such grants.

(B)    To obtain a grant, a district shall submit an application to the state board superintendent in a format specified by the Department of Education. The application shall include a plan for implementing a modified year or day that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area, as defined in Section 59-18-300, is the equivalent of a "D" average or below to attend the intersessions or stay for the lengthened day and receive special assistance in the subject area. Funding for the program is as provided by the General Assembly in the annual appropriations act. Each grant award for program pilot testing or implementation may not exceed a three-year period.

Section 59-18-1930.    The Education Oversight Committee shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans. The oversight committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall be made to state regulations to promote use of state dollars for training which meets national standards for staff development.

Upon receipt of the recommendations from the comprehensive review of state and local professional development, the State Department of Education shall develop an accountability system to ensure that identified professional development standards are effectively implemented. As part of this system the department shall provide information on the identified standards to all principals and other professional development leaders. Training for all school districts in how to design comprehensive professional development programs that are consistent with the standards shall also be a part of the implementation. A variety of staff development options that address effective teaching and assessment of state academic standards and workforce preparation skills shall be included in the information provided to principals and other professional development leaders to ensure high levels of student achievement."

SECTION    36.    Section 59-19-45 of the 1976 Code as last amended by Act 265 of 2002, is further amended to read:

"Section 59-19-45.    (A)    Within one year of taking office, all persons elected or appointed as members of a school district board of trustees after July 1, 1997, shall complete successfully an orientation program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.

(B)    The orientation shall be approved by the State Board Superintendent of Education and conducted by public or private entities approved by the State Board Superintendent of Education such as the South Carolina School Boards Association.

(C)    The provisions of this section also apply to members of county boards of education appointed or elected after July 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees.

(D)    The provisions of this section do not apply to a school board trustee or county board of education member who was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter.

(E)    The State Department of Education shall reimburse a school district or county board of education conducting an orientation for a new board member as required by this section at the rate of eighty dollars for a member, provided that the total reimbursements by the department in one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for a year as determined by the department exceeds ten thousand dollars, the eighty-dollar reimbursement for each new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation is not required but may be conducted at the option of a school district or county board of education. The State Board Superintendent of Education shall establish guidelines and procedures for these reimbursements.

(F)    The State Department of Education must keep a record of the school board trustees who complete the orientation program."

SECTION    37.    Section 59-19-90(2) of the 1976 Code is amended to read:

"(2)    Employ and discharge teachers. Employ teachers from those having certificates from the State Board Superintendent of Education, fix their salaries and discharge them when good and sufficient reasons for so doing present themselves, subject to the supervision of the county board of education. In reaching a decision as to whether or not to employ any person qualified as a teacher, consideration may be given to the residence of such person but it shall not be the deciding factor or a bar to employing such person."

SECTION    38    Section 59-19-95 of the 1976 Code is amended to read:

"Section 59-19-95.    The governing body of every school district of this State shall implement a student promotion policy which at least meets the minimum criteria established by the State Board Superintendent of Education under Section 59-5-65 of the 1976 Code."

SECTION    39.    Section 59-19-140 of the 1976 Code is amended to read:

"Section 59-19-140.    Each district board of trustees may adopt rules and regulations which are not inconsistent with State law or the rules and regulations of the State Board Superintendent of Education governing the use of school equipment for purposes other than normal school activity."

SECTION    40.    Section 59-19-190 of the 1976 Code is amended to read:

"Section 59-19-190.    Whenever a board of trustees deems it expedient to acquire lands for public school purposes with any State funds, it may purchase, subject to the prior written approval of the State Board Superintendent of Education, the lots or parcels of land necessary for such purchase. The reassignment or disposal of such parcels of land purchased after 1952 with any State funds shall be subject to the prior written approval of the State Board Superintendent of Education."

SECTION    41    Section 59-20-20(4) of the 1976 Code is amended to read:

"(4)    'Defined minimum program (DMP)' means the program established annually by the State Board Superintendent of Education that is necessary to provide public school students in the State with minimum educational programs designed to meet their needs. The State Board Superintendent of Education shall transmit a per-weighted pupil estimate of the full implementation of the defined minimum program to the State Budget and Control Board and the General Assembly for each proposed budgetary year. The State Board Superintendent of Education shall transmit any suggested changes in the basic programs and their weightings as evidenced by changing requirements and practices."

SECTION    42    Section 59-20-40 of the 1976 Code as last amended by Act 92 of 2003, is further amended to read:

"Section 59-20-40.    The annual allocation to each school district for the operation of the foundation program as it relates to the school district shall be determined as follows:

(1)    Computation of the basic amount to be included for current operation in the foundation program:

(a)    Each school district shall maintain a program membership of each school by compiling the student membership of each classification. The cumulative one hundred thirty-five day average daily membership of each school district by program classification will determine its monetary entitlement. The district's average daily membership (ADM) will be computed, currently maintained, and reported in accordance with the regulations of the State Board Superintendent of Education. Funds for the state's portion of the per-pupil cost of the foundation program shall be disbursed monthly to the various school districts. End-of-year adjustments in state funds shall be made based on the one hundred thirty-five day student average daily membership in each classification.

(b)    The base student cost shall be established annually by the General Assembly. The base student cost shall be established in such a manner that five years after July 2, 1978, the funding level shall approximate the cost of the defined minimum program as set forth by the State Board Superintendent of Education.

Each year the Division of Research and Statistics of the Budget and Control Board superintendent shall submit to the Legislature an estimate of the projected rate of inflation for the fiscal year to be budgeted, and the base student cost shall be adjusted to incorporate the inflated cost of providing the Defined Minimum Program.

(c)    Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board Superintendent of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board Superintendent of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:

Pupil Classification    Weightings

(1)    Kindergarten pupils    1.30

(2)    Primary pupils (grades 1 through 3)    1.24

(3)    Elementary pupils (grades 4 through 8)

base students            1.00

(4)    High school pupils (grades 9 through 12)    1.25

Special Programs for Exceptional Students    Weightings

(5)    Handicapped    1.74

a.    Educable mentally handicapped pupils

b.    Learning disabilities pupils

(6)    Handicapped    2.04

a.    Trainable mentally handicapped pupils

b.    Emotionally handicapped pupils

c.    Orthopedically handicapped pupils

(7)    Handicapped    2.57

a.    Visually handicapped pupils

b.    Hearing handicapped pupils

c.    pupils with autism.

(8)    Speech handicapped pupils    1.90

(9)    Homebound pupils    2.10

a.    pupils who are homebound

b.    pupils who reside in emergency shelters

Vocational technical Programs    Weightings

(10)    Pre-vocational    1.20

(11)    Vocational    1.29

Add-on Weights for Early Childhood Development

and Academic Assistance    Weightings

(12)    Early Childhood Assistance    0.26

(13)    Grades 4-12 Academic Assistance    0.114

Adult Education

(14)    Adult Education    0.15

No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State and the Education Improvement Act of 1984 Fund.

Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood assistance and grades 4-12 academic assistance in accordance with Section 59-139-20. The State Board Superintendent of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board Superintendent of Education.

School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40.

(d)    The basic amount for the foundation program for each district shall be computed as follows:

(1)    The calculated average daily membership in each student classification shall be multiplied by the weighting factor for that respective classification.

(2)    The subtotals (totals in each student classification) in all classifications shall be added to get the district's total weighted pupil units.

(3)    The district's weighted pupil units shall be multiplied by the base student cost figure as established annually by the General Assembly.

(e)    Computation of the required local revenue in support of the foundation program.

The amount that each school district shall provide toward the cost of the South Carolina foundation program shall be computed by determining the total statewide collective local share (approximately thirty percent) of the total cost of the foundation program, and multiplying this by the index of taxpaying ability of each district as defined in Section 59-20-20.

(f)    Computation of the required state effort.

The amount that the State shall provide to each school district toward the cost of the foundation program shall be the difference between the district's basic amount as computed in subsection (d) minus the required amount raised locally as computed in subsection (e).

Notwithstanding the provisions of this section, state aid to any school district shall be reduced in proportion to the ratio that its local school tax effort falls below that required by subsection (2) of Section 59-20-50.

(2)    Reserved.

(3)    Provisions for a phase-in plan of implementation

(a)    As a result of the cost of implementing the foundation program at both state and local level as calculated in this section, there will be a phase-in implementation period of five years to assist in implementing the education finance program.

(b)    Each year of the phase-in period the General Assembly shall specify the base student cost and the percentage of the difference between current funding and full funding of the defined minimum program which shall be achieved each year. It is the intent of this chapter that the full implementation of the foundation program from present funding level in present financing plans, in terms of real dollars, be achieved in substantially equal annual intervals over a period of five years; provided, that if a district increases its local effort annually by at least five percent in real dollars, the period of time for full implementation may be extended five years. However, it is recognized that, during periods of abnormally low growth in state revenue, appropriations may necessarily have to be reduced below the anticipated trend and that during periods of abnormally high revenue growth an effort would be made to restore progress in funding to achieve full implementation during the five year phase period. It is recognized further that, should the trend of growth in state revenue diverge substantially from historical experience, then the length of the phase period might be increased or decreased accordingly. Each local school district shall progress annually in eliminating the difference between its current funding and full funding of the defined minimum program at the same percentage as mandated by the General Assembly for statewide progress toward full funding; provided, that each district shall increase its local effort annually by at least the amount required in this section or by five percent in real dollar terms, or shall increase its millage for the local share of expenditures under the foundation program by at least two and one-half mills. Any district failing to make either the required local effort or the five percent increase in real dollars terms or the two and one-half mill increase will have its entitled increase in state aid reduced by the proportion that its actual increase in local effort falls below its required increase of five percent in real dollars, or two and one-half mills, whichever is less.

(4)    Impact aid revenue shall be counted as local effort for purposes of computing actual local effort, in order to meet requirements of Section 59-20-40(3) (b). Provided, however, that should the degree of equality achieved under this chapter prove insufficient to qualify South Carolina for utilizing impact aid in the school finance equalization plan, then impact aid would not be counted as local revenue.

(5)    To qualify for funds provided in this chapter, each district must attain an average pupil-teacher ratio based on average daily membership in the basic skills of reading and mathematics in grades one through three of 21:1.

Provided, That any local district may apply to the State Board Superintendent of Education for approval of a waiver to this subsection by submitting and justifying an alternative educational program to serve the basic skill needs of average daily membership in grades one through three.

The State Board Superintendent of Education shall approve or disapprove of such waiver forty-five days after receipt of such application. Provided, Further, That beginning with Fiscal Year 1978-79, if a school district violates the provisions of this subsection, the state aid for the ensuing fiscal year to such school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such school district has to the required pupil-teacher ratios mandated in this Subsection.

Provided, That notwithstanding the provisions of this Section, the State Board Superintendent of Education is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions but that for lack of classroom space which was beyond its control it is physically impossible for the district to comply for the Fiscal Years 1978-1979 and 1979-1980 and the cost of temporary classroom space cannot be justified.

It is the intent of the General Assembly that the average daily membership pupil-teacher ratio for grades 1 through 3 stipulated in the chapter be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed twenty-eight pupils in each class.

(6)    No district shall be required to increase local revenue if combined state and local revenue exceeds the amount necessary to meet the base student cost of the minimum foundation program at full implementation.

(7)    [Deleted]

(8)    The General Assembly shall annually provide the portion of the local required support of the foundation program required by the South Carolina Education Improvement Act of 1984 on the basis of the district's taxpaying ability in the annual general appropriation act."

SECTION    43.    Section 59-20-50(4)(b)(4) of the 1976 Code, as last amended by Section 15H, Part II, Act 497 of 1994, is further amended to read:

"(4)    meeting the minimum standards on the basic skills examinations as prescribed by the State Board Superintendent of Education provided in Section 59-26-20."

SECTION    44.    Sections 59-20-60 of the 1976 Code, as last amended by Act 135 of 1993, and 59-20-65 of the 1976 Code are amended to read:

"Section 59-20-60.    (1)    School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.

(2)    The State Board Superintendent of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as 'dropped' by the defined minimum program accreditation procedures are not eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board Superintendent of Education.

(3)    Each school district board of trustees shall cause the district and each school in the district to develop comprehensive five-year plans with annual updates to outline the District and School Improvement Plans. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school year 1993-94, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.

The State Board Superintendent of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long and short-range goals, objectives, strategies, and time lines need to be included.

(4)    Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:

(a)    new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;

(b)    applying different teaching methods permitting professional educators at every level to focus on educational success for all students and on critical thinking skills and providing the necessary support for educational successes are encouraged;

(c)    redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;

(d)    creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.

Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.

For 1993-94, districts and schools may use these funds for designing their Innovation Initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative.

(5)    An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council and shall provide information on the school's progress on meeting the school and district goals and objectives. These reports shall be provided by November fifteenth of each year.

(6)    Each school board of trustees shall establish an improvement council at each school in the district and this council is to be involved in improvement and innovation efforts at the school. The council shall be composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons appointed by the principal. The elected members of the council shall comprise at least a two-thirds majority of the elected and appointed membership of the council. The council should also include ex-officio members such as the principal and others holding positions of leadership in the school or school organizations, such as parent-teacher groups, booster clubs, and federal program advisory groups. Each council shall assist in the preparation of the five-year plan and annual updates required in this section, assist with the development and monitoring of school improvement and innovation, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this subsection, an area vocational center's school improvement council must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.

In order to provide additional accountability for funds expended under statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and initially determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. The elections must be organized to ensure that every parent and faculty member has an opportunity to vote each year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be provided to the School Improvement Council Assistance at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.

(7)    Each school district board of trustees shall:

(a)    review each school improvement plan and the annual updates for integration with district plans and objectives and school progress in meeting those goals and objectives;

(b)    cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board Superintendent of Education;

(c)    participate in the statewide testing program as prescribed by the State Board Superintendent of Education;

(d)    maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board Superintendent of Education.

(e)    provide a program for staff development for all educational personnel. A portion of the funds in the foundation program must be used for this staff development that may include, but not be limited to:

(1)    college courses in education, subject area of certification or management;

(2)    teaching center offerings;

(3)    State Department of Education workshops; and

(4)    district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.

(f)    in accordance with the format approved by the State Board Superintendent of Education, annually submit to the State Board Superintendent of Education and to the people of the district that district's fiscal report.

(8)    The State Department of Education shall:

(a)    develop, by September, 1993, a plan for offering help to districts and schools in designing and implementing the district and school comprehensive improvement plan;

(b)    develop, by December, 1993, with approval by the State Board Superintendent of Education, criteria for monitoring the district and school plans;

(c)    review each district's annual fiscal report;

(d)    provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program;

(e)    develop or select and field test a competency-based student assessment program;

(f)    prepare an annual fiscal and programmatic report to the Governor and the General Assembly each year to assess compliance with this chapter and to make recommendations concerning necessary changes in this chapter;

(g)    in compliance with the intent of the chapter, waive the prescribed reporting practices if considered necessary by the State Board Superintendent of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver may not be utilized to avoid full accountability and implementation of this chapter.

(9)    The Legislative Audit Council shall audit to assess compliance with this chapter as requested by the General Assembly. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.

(10)    A twelve-member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:

(a)    the cost of the defined minimum program;

(b)    provisions included in the defined minimum program;

(c)    the pupil classification weights in Section 59-20-40;

(d)    the formula for computing required local effort;

(e)    the ongoing evaluation of the education program needs of the school districts.

The committee must be made up of three representatives from each of the following committees of the General Assembly - Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means - appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations.

Section 59-20-65.    The State Board Superintendent of Education, acting through the existing School Council Assistance Project at the University of South Carolina, shall provide services and training activities to support school improvement councils and their efforts in preparing an annual school improvement report as required in this section."

SECTION    45.    Section 59-21-150 of the 1976 Code is amended to read:

"Section 59-21-150.    Beginning in fiscal year 1985-86, all school district and state agency school employees required by the State Board Superintendent of Education to hold State Board Superintendent of Education certification are eligible for tuition reimbursement at a rate consistent with that charged at public colleges and universities every two years for successful completion of a three-hour credit course in their field of specialization at a South Carolina public or private college, so long as they work in that field in a South Carolina public school or state agency school for the succeeding year. The reimbursement must be provided by the State from funds appropriated to the State Department of Education."

SECTION    46.    Sections 59-21-310 and 59-21-320 of the 1976 Code are amended to read:

"Section 59-21-310.    For the purpose of this article (a) the term "capital improvement" shall mean the cost of constructing, improving, equipping, renovating and repairing school buildings or other school facilities or the cost of the acquisition of land whereon to construct or establish school facilities; and (b) 'Board superintendent' shall mean the State Board Superintendent of Education.

Section 59-21-320.    In order to assist school districts in financing needed capital improvements, the General Assembly shall annually allocate to the Board superintendent a sum equivalent to thirty dollars multiplied by the number of pupils enrolled in grades one through twelve of the public schools and, effective beginning in Fiscal Year 1988-89, fifteen dollars multiplied by the number of students enrolled in public kindergarten programs. The calculation must be based on the one hundred thirty-five day count of the average daily membership during the school year ending in the calendar year prior to the calendar year in which the fiscal year begins. In no year may the amount allocated be less than the total sum required to meet principal and interest payments becoming due to that fiscal year on state school bonds."

SECTION    47.    Sections 59-21-340 and 59-21-350 of the 1976 Code are amended to read:

"Section 59-21-340.    The Board superintendent shall annually apply sums allocated under Section 59-21-320 in the following order: (a) There shall first be reserved and set aside such amount as may be necessary to pay principal and interest payments becoming due that year on State school bonds. (b) The balance remaining each year after deducting the amount reserved in (a) above shall be credited on the books of the Board superintendent to the several school districts in the State, apportioned in the ratio that the enrollment of each school district bears to the enrollment of the State as a whole. Provided, that of the funds available in 1967-68 for allocation to school districts under the provisions of Sections 59-21-340 and 59-71-550, as amended in 1967 Act No. 485, there shall first be apportioned among the several school districts sufficient funds to have made available to all districts at least ninety percent of the funds available to them under the provisions of Article 3 of Chapter 21 of Title 59, as now constituted. Remaining funds for 1967-68 shall be apportioned in accordance with the provisions of Sections 59-21-340 and 59-71-550, as amended.

Section 59-21-350.    The sums credited by the Board superintendent to each school district, under the provisions of Sections 59-21-340 and 59-71-550, shall remain available to school districts until requisitioned by them for purposes approved by the Board superintendent. Such funds shall be available for the following purposes only and in the following order of priority: (a) To be applied on the financing of capital improvements approved by the Board superintendent; (b) to pay principal and interest of school district indebtedness represented by bonds or notes issued before July 1, 1951 for any capital improvement or bonds or notes issued on or after July 1, 1951 for capital improvements approved by the Board superintendent."

SECTION    48.    Sections 59-21-360 through 59-21-420 of the 1976 Code are amended to read:

"Section 59-21-360.    In order to guide the board in passing upon requests for the use of grants, the county boards of education of the respective counties shall prepare a survey of necessary capital improvements or a plan for tax relief on school indebtedness within the operating unit. Such surveys shall show existing facilities, desirable consolidations, the new construction and new facilities necessary and desirable for the efficient operation of the public schools of the county and a plan of tax reduction in the school district or operating unit by use of such funds in retiring any outstanding indebtedness for school facilities. The board superintendent may, in its discretion, deny all applications for the use of funds of the public school building fund from any county until such time as an acceptable and reasonably satisfactory plan, looking particularly to efficiency through consolidations of school districts, has been submitted by the county board of education and all applications from school districts or operating units shall conform to the plan of the county board of education.

Section 59-21-370.    In order to avail itself of funds to its credit, a school district shall make application to the Board superintendent in such form as the Board superintendent may require, including therein a complete and full description of the purpose for which funds are to be applied, together with any information that may be required by the Board superintendent to evaluate the proposed use of funds.

Section 59-21-380.    When an application of a school district as provided in Section 59-21-370 has been approved by the Board superintendent, funds shall be remitted, as may be required from time to time, to the treasurer of the county of which the school district is a part. The county treasurer shall place the sum so received in a special fund to be known as "Public School Building Fund for School District No. - - " and shall pay out the money of such fund only on school warrants properly drawn by the authorities of the school district concerned and such money shall be expended in the same manner as provided by law for the expenditure of other school funds.

Section 59-21-390.    The Board superintendent may employ architects, consultants and sufficient personnel to assist the county boards of education in the preparation of the county plans required under Section 59-21-360.

Section 59-21-400.    The Board superintendent shall prescribe reasonable rules and regulations in order to ensure that funds derived from the State public school building fund will not be used improvidently or unwisely and that the efficiency of the public school system will be increased by the expenditure of the funds.

Section 59-21-410.    Any construction to be financed from funds received from the State public school building fund, pursuant to the approval of the Board superintendent, shall be on public contract, such contract to be let by the trustees of the school district, and the awarding of the necessary contracts shall be in the sole province of the school district concerned. Contracts shall be let on public advertisement thereof, and on such conditions and within such limitations as the Board superintendent may approve.

Section 59-21-420.    (a)    Beginning with state Fiscal Year 1984-85, the State shall remit an amount on a per-pupil basis to each school district of the State in the manner and under the conditions that the General Assembly provides for the School Building Aid program of the Education Improvement Program in the annual general appropriation act. These funds must be used (i) for the renovation, capital improvement, or repair of school classrooms, libraries, laboratories, and other instructional facilities, including music rooms, or (ii) to reduce the millage required to pay principal and interest on bonds issued for such purposes if the district qualifies for the exception provided for in subsection (b) hereof.

(b)    If a school district has issued bonds or otherwise undertaken any capital improvement programs during any of the most recent five fiscal years, at least fifty percent of the funds provided in subsection (a) must be used to reduce the millage required to pay debt service on such outstanding bonds.

Provided however, in the event that a school district sold bonds or secured a loan at an interest rate less than prevailing rates and has an identified need for funds in excess of fifty percent of funds provided in subsection (a) or anticipates a significant increase in need for additional classroom space, that district may request a waiver from this requirement by the State Board Superintendent of Education. After consultation with the State Treasurer on prevailing interest rates and review of the evidence accompanying the waiver request from the school district, and upon certification by the State Treasurer that rates are beneficial to local school district, the State Board Superintendent of Education may grant a waiver if the evidence is substantiated. The remaining sums may be used either to reduce millage to pay debt service or to pay for capital improvements, repairs, or renovations otherwise authorized during the then current fiscal year. Provided, Further, That if, on the occasion when the annual millage would otherwise be increased to provide for capital improvements, repairs, or renovations, there is on hand with the country treasurer sums from the appropriation herein authorized, sufficient to meet all or a portion of the payments of principal and interest on bonds to be outstanding in the ensuing fiscal year, then such portion of the millage required to pay such debt service need not be imposed.

(c)    A capital improvement program for purposes of this section is defined as incurring debt for school building purposes or levying and collecting school taxes for school building purposes over the district's last five fiscal years averaged at least one-half the amount the district is entitled to receive during state Fiscal Year 1985 as provided in subsection (a) hereof. If the district has fiscal autonomy to any degree, it shall provide for the manner in which the school millage must be reduced. If the district does not have fiscal autonomy, the governing body of the county wherein the district is located shall provide for the manner in which the school millage must be reduced.

(d)    The funds authorized herein for reduction in millage for debt service may not be expended in conjunction with the authorization of bonds that increase a school district's bonded indebtedness above the limit provided for in Article X of the South Carolina Constitution or expended to pay debt service on bond anticipation notes authorized which would put the total bonded indebtedness of the school district (general obligation and bond anticipation) above the constitutionally mandated limit."

SECTION    49.    Section 59-21-440 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-21-440.    The State Department of Education shall provide a monthly report to the State Board Superintendent of Education, the Education Oversight Committee, The Committee on Financing Excellence, and the Education-Business Partnership on approved expenditures and compliance with the tax reduction requirement."

SECTION    50.    Sections 59-21-540 and 59-21-550 of the 1976 Code are amended to read:

"Section 59-21-540.    The State Superintendent of Education shall reimburse school districts of the State for providing special educational services when in compliance with the provisions of this article and the rules and regulations of the State Board Superintendent of Education, from the regular appropriations and for teachers' salaries, in such manner as is provided by law. Such State aid shall be allowed as follows:

(1)    For special educational services for the educable mentally handicapped, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of ten enrolled in a self-contained class, or (b) a teacher in educable mentally handicapped employed to serve a minimum caseload of twenty-six educable mentally handicapped pupils for other instruction in a regular class.

(2)    For special education services for the trainable mentally handicapped, State aid shall be allowed for a teacher employed with a minimum average daily attendance of eight.

(3)    For special education for pupils with speech defects, State aid shall be allowed to school districts for speech clinicians (a) on the basis of one clinician per seventy-five speech handicapped children with this special aid being allowed notwithstanding the fact that such children may be counted for regular State aid in regular classes, or (b) on the basis of one clinician per one thousand five hundred students where severe speech problems are present requiring more intensified therapy.

(4)    For special education for emotionally handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of eight enrolled in a self-contained class, or (b) a teacher in emotionally handicapped employed to serve a minimum caseload of twenty-six emotionally handicapped pupils enrolled for other instruction in a regular class.

(5)    For special education for hearing handicapped children, State aid shall be allowed (a) for a teacher with a minimum average daily attendance of six enrolled in a self-contained class, or (b) a teacher in hearing handicapped employed to serve a minimum caseload of twelve hearing handicapped pupils enrolled for other instruction in a regular class.

(6)    For special education for visually handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of six enrolled in a self-contained class, or (b) a teacher in visually handicapped employed to serve a minimum caseload of twelve visually handicapped pupils enrolled for other instruction in a regular class.

(7)    For special education for orthopedically handicapped children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of eight enrolled in a self-contained class, or (b) a teacher in orthopedically handicapped employed to serve a minimum caseload of sixteen orthopedically handicapped pupils enrolled for other instruction in a regular class.

(8)    For special education for learning disabilities children, State aid shall be allowed (a) for a teacher employed with a minimum average daily attendance of ten enrolled in a self-contained class, or (b) a teacher in learning disabilities employed to serve a minimum caseload of twenty-six learning disabilities children enrolled for other instruction in a regular class.

(9)    For teachers serving more than one type of handicapped pupil, State aid shall be allowed on the basis of the enrollment required for the handicapping condition affecting the majority of pupils served by the specialist.

(10)    The proportionate part of a teacher's salary will be allowed when such a teacher has less than the required minimum average daily attendance and enrollment.

(11)    If in any district there are handicapped children not able even with the help of transportation to be assembled in a school, instruction may be provided in a child's home, or in hospitals or sanitoria. Children so instructed may be counted under the provisions of this article. If the child is permanently disabled, the cost of classroom-to-home video or audio service shall be allowed at the rate of six hundred dollars per year. The State Board Superintendent of Education shall determine the number of hours of home instruction acceptable in lieu of regular school attendance.

Section 59-21-550.    No person shall be employed as a teacher in the special education program in the State unless such person holds a valid teacher's certificate issued by the State Department of Education and, in addition, possesses such special qualifications as the State Board Superintendent of Education may require, or holds a comparable certificate in special education as may be developed by the State Board Superintendent of Education."

SECTION    51.    Section 59-21-570 and 59-21-580 of the 1976 Code are amended to read:

"Section 59-21-570.    A school district may operate a special education program for children eligible for such services under the provisions of this article and rules and regulations of the State Board Superintendent of Education, either as a district or jointly with other districts.

When proper facilities have been provided and when application has been made to and approved by the State Department of Education, the district will become eligible for State aid as provided in this article.

Section 59-21-580.    The State Board Superintendent of Education is directed to establish rules, regulations and policies:

(1)    For screening, classifying and determining, by use of standardization tests and such psychological and medical services as may be necessary, by qualified personnel, the eligibility of pupils to receive the benefits under the provisions of this article;

(2)    For determining certification requirements and special qualifications of teachers;

(3)    For outlining the manner and procedure by which applications for aid and plans for operation may be made and approved; and

(4)    For other matters not specified herein when necessary to carry out the provisions of this article."

SECTION    52.    Section 59-21-600 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-21-600.    Notwithstanding the provisions of Section 59-21-540, and in order to insure adequate educational services for trainable mentally handicapped pupils and profoundly mentally handicapped pupils in South Carolina school districts, the State Board Superintendent of Education, upon the recommendation of the Education Oversight Committee, through the State Department of Education shall develop a Regulation for distribution of funds appropriated by the General Assembly for this purpose."

SECTION    53.    Section 59-21-720 of the 1976 Code is amended to read:

"Section 59-21-720.    All school psychologists employed by the counties or school districts shall have a valid certificate issued by the State Board Superintendent of Education according to regulations established by the Board superintendent."

SECTION    54.    Section 59-21-760 of the 1976 Code is amended to read:

"Section 59-21-760.    The State Board Superintendent of Education may promulgate such rules and regulations as may be necessary to carry out the provisions of this article."

SECTION    55.    Section 59-21-1030 of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"Section 59-21-1030.    Except as provided in this section, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in fiscal year 1983-84. Beginning in 1985-86, local financial effort for noncapital programs must be adjusted for an inflation factor estimated by the Division of Research and Statistical Services.

Thereafter, school district boards of trustees or other governing bodies of school districts shall maintain at least the level of financial effort per pupil for noncapital programs as in the prior year adjusted for an inflation factor estimated by the Division of Research and Statistical Services. The county auditor shall establish a millage rate so that the level of financial effort per pupil for noncapital programs adjusted for an inflation factor estimated by the Division of Research and Statistical Services is maintained as a minimum effort. No school district which has not complied with this section may receive funds from the South Carolina Education Improvement Act of 1984 Fund. School district boards of trustees may apply for a waiver to the State Board Superintendent of Education from the requirements of this section if:

(1)    the district has experienced a loss in revenue because of reduction in assessed valuation of property or has had a significant increase in one hundred thirty-five average daily membership;

(2)    the district has experienced insignificant growth in revenue collections from the previous year;

(3)    the district has demonstrated for one year that it has achieved operating efficiencies and all education requirements are being met;

(4)    a midyear revenue shortfall results in a reduction of funds appropriated in accordance with Chapter 20 of Title 59 (The Education Finance Act). A decline in the measured academic achievement of the students must immediately cause the State Board Superintendent of Education to void all waivers provided under this section and make the district ineligible to apply for any waivers under this section for two consecutive years. If the decline in student achievement occurs, the district shall revert to the minimum effort requirement, adjusted for the prior years inflation factor. Waiver (4) does not apply to funds needed to meet the Minimum Salary Schedule for teachers in South Carolina. A school district is eligible for an annual renewal of the waiver provided the district meets one of the above criteria and meets the minimum effort requirement of the previous year and at least the minimum required effort of the Education Finance Act."

SECTION    56.    Sections 59-21-1210 and 59-21-1220 of the 1976 Code, both as last amended by Act 400 of 1998, are further amended to read:

"Section 59-21-1210.    The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall develop and implement a campus incentive program to reward faculty members who demonstrate superior performance and productivity. Funds for the campus incentive program must be provided by the General Assembly in the annual general appropriations act.

Section 59-21-1220.    The campus incentive program must be developed based on the following guidelines:

(1)    exceptional improvement in or the maintenance of superior student performance, with consideration given to rewarding schools which demonstrate exceptional improvement or maintenance of superior performance by all the groups of students at various levels of performance;

(2)    the school must have met or surpassed the goals and strategies outlined in its school improvement report;

(3)    no faculty member may receive funds under the incentive program unless all the established eligibility criteria are met;

(4)    faculty, for the purposes of this program, includes principals, assistant principals, vocational education directors, special education teachers, kindergarten teachers, classroom teachers, librarian/media specialists, guidance counselors, psychologists, school nurses, aides, and others as determined by the advisory committee;

(5)    consideration must be given to using part of each campus incentive reward for faculty use for school improvement for such activities as research, planning meetings, curriculum development, where faculty are paid for their time and effort, and for allowing faculty to consider such uses of the faculty incentive reward;

(6)    no later than August 1, 1991, a campus incentive advisory committee must be appointed to advise on the development and implementation of the program. The advisory committee must be appointed, after receiving nominations, as set forth in this item, and consists of six at-large members, three appointed by the Governor and three appointed by the State Superintendent of Education, and the following members appointed by the State Board Superintendent of Education:

one local school board member;

two elementary teachers;

two middle or junior high school teachers;

two secondary school teachers;

one elementary school principal;

one middle or junior high school principal;

one secondary school principal;

one district superintendent;

one guidance counselor;

one assistant principal; and

one teacher's aide.

The State Board Superintendent of Education shall request:

(a)    each statewide professional teacher organization to nominate at least two qualified continuing contract teachers for each teacher position on the committee;

(b)    a statewide organization representing administrators (principals and superintendents) to nominate at least two qualified candidates for the administrator positions on the committee;

(c)    a statewide organization to nominate at least two qualified candidates for the guidance counselor position on the committee;

(d)    a statewide organization representing school boards to nominate at least two qualified candidates for the school board position on the committee.

Each nominating organization shall seek qualified candidates from the entire pool of persons eligible to serve and shall make nominations to the state board superintendent based on merit and without regard to membership in the nominating organization.

It is the intent of the General Assembly that funds for the campus incentive program must be distributed to districts on a per pupil basis but with a minimum amount per faculty member in schools qualifying for the program reward; however, the advisory committee may recommend an alternative distribution method. The per pupil allocation must be based on the one hundred thirty-five day count of average daily membership for the preceding fiscal year.

The State Board Superintendent of Education, in consultation with the Education Oversight Committee, shall develop regulations to ensure that the campus incentive funds are used in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocations. The General Assembly shall determine each year in the general appropriations act the amount of campus incentive funds which must be included in the calculation of the South Carolina average teacher salary.

To enable school faculties to undertake needed work in the area of school improvement and planning, and such activities as research, curriculum development, coordination of courses, and special projects, or other activities the faculty may wish to undertake for improving student performance, development, and learning and coordination of services with other social and health agencies, the General Assembly shall set aside in the annual general appropriations act other campus incentive funds which must be used by the school districts and any interested schools to compensate faculty for their time and effort. The State Board Superintendent of Education shall promulgate guidelines that ensure that the districts of the State utilize these funds in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocation."

SECTION    57.    Section 59-24-20 of the 1976 Code is amended to read:

"Section 59-24-20.    Beginning with the school year 1986-87, the Commission on Higher Education, with the assistance of the State Board Superintendent of Education, shall require all state-supported colleges and universities which offer graduate degrees in school administration to increase the entrance requirements for admission to these graduate programs and shall specifically enumerate what increases are necessary to each college and university offering these programs."

SECTION    58.    Section 59-24-40 of the 1976 Code, as last amended by Act 50 of 1997, is further amended to read:

"Section 59-24-40.    For the purposes of assisting, developing, and evaluating principals, the State Board Superintendent of Education, through the State Department of Education, shall adopt criteria and statewide performance standards which shall serve as a foundation for all processes used for assisting, developing, and evaluating principals employed in the school districts of this State. The State Department of Education shall select or cause to be developed and the State Board Superintendent of Education shall promulgate regulations for the evaluation of the performance of all principals based on those criteria and standards. School districts shall use the standards and procedures adopted by the State Board Superintendent of Education for the purpose of evaluating all principals at least once every three years. The State Department of Education shall ensure that the criteria and standards are valid and reliable and are appropriately administered. Evaluation results must be provided in writing and a professional development plan established based on the principal's strengths and weaknesses and taking into consideration the school's strategic plan for improvement for the purpose of improving the principal's performance. Any principal whose performance on an evaluation is rated unsatisfactory must be evaluated again within one year. Nothing in this section limits or prohibits school districts from setting additional and more stringent standards for the evaluation of principals. A satisfactory rating on the evaluation is one of several criteria for overall performance evaluation and is not sufficient for reemployment as a principal by a school district.

The State Department of Education shall review the implementation of the principal evaluation in the school districts for the purpose of providing technical assistance and ensuring the evaluations are appropriately administered.

The provisions of this section must be implemented according to the following schedule:

1997-98 school year: Identification of criteria and standards;

1998-99 school year: Development and testing of criteria, standards, and procedures in selected districts;

1999-2000 school year: Statewide implementation."

SECTION    59.    Sections 59-24-60, as added by Act 299 of 1994; 59-24-65, as added by Act 100 of 1999; 59-24-80, as added by Act 400 of 1998; 59-24-100 and 59-24-110, both as last amended by Act 400 of 1998; and 59-21-120 of the 1976 Code are amended to read:

"Section 59-24-60.    In addition to other provisions required by law or by regulation of the State Board Superintendent of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.

Section 59-24-65.    The State Department of Education shall establish a Principals' Executive Institute (PEI) with the funds appropriated for that purpose.

(1)    A task force appointed by the State Superintendent of Education shall begin on or before July 1, 1999, to design this program so that the first class of participants shall begin during school year 1999-2000. The task force shall include, but is not limited to, representatives from the State Department of Education, business leaders, university faculty, district superintendents, school principals, South Carolina Teachers of the Year, representatives from professional organizations, members of the Education Oversight Committee, and appropriate legislative staff.

(2)    The purpose of the PEI is to provide professional development to South Carolinas principals in management and school leadership skills.

(3)    By January 1, 2000, the State Board Superintendent of Education shall establish regulations governing the operation of the PEI.

(4)    The focus of the first year of the Principals' Executive Institute shall be to serve the twenty-seven principals from impaired schools and other experienced principals as identified by the South Carolina Leadership Academy of the Department of Education and as approved by the local public school districts which employ such principals.

(5)    The creation of the Principals' Executive Institute shall not duplicate the State Department of Educations Leadership Academy programs but shall provide intensive, in-depth training in business principles and concepts as they relate to school management and the training and developmental programs for principals mandated under the 1998 Education Accountability Act.

Section 59-24-80.    Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for the first time as the head building administrators with a formalized induction program in cooperation with the State Department of Education. The State Board Superintendent of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on the elements of instructional leadership skills, implementation of effective schools research, and analysis of test scores for curricular improvement.

Section 59-24-100.    The State Board Superintendent of Education acting with the assistance of the Education Oversight Committee shall cause to be developed and implemented a school principal incentive program to reward school principals who demonstrate superior performance and productivity. Funds for school principal incentive programs must be provided by the General Assembly in the annual general appropriation act.

Section 59-24-110.    The school principal incentive program must be developed based on the following guidelines:

(1)    The State Board Superintendent of Education shall identify incentive criteria in school year 1984-85. The State Board Superintendent shall cause no more than three programs to be developed or selected in nine school districts in school year 1985-86. Pilot testing of no more than these three programs must occur in nine school districts, designated by the State Board superintendent upon the recommendation of the Education Oversight Committee, in school year 1986-87 and by regulation implemented statewide beginning with school year 1987-88.

(2)    No school principals shall receive funds under the incentive program unless the individual meets or exceeds all eligibility standards set out in the district's program.

(3)    Prior to the 1987-88 school year, the State Board superintendent, with the assistance of an advisory committee it appoints, and acting through the State Department of Education, shall establish by regulation an incentive program for rewarding and retaining principals who demonstrate superior performance and productivity.

(4)    The incentive program shall include:

(a)    evaluation for instructional leadership performance as it related to improved student learning and development;

(b)    evaluation by a team which includes school administrators, teachers, and peers;

(c)    evidence of self-improvement through advanced training;

(d)    meaningful participation of school principals in the development of the plan; and

(e)    working with student teachers whenever possible.

(5)    Funds for the school principal incentive program must be distributed to the school districts of the State on a per principal basis. Principal incentive rewards may not exceed five thousand dollars a principal.

The State Board Superintendent of Education shall promulgate regulations that ensure that the districts of the state utilize the funds in an appropriate manner and establish a procedure for redistributing funds from districts that do not require all of their allocations.

Section 59-24-120.    The State Board Superintendent of Education shall establish guidelines for selected school districts of this State to implement programs whereby persons who demonstrate outstanding potential as principals in the opinion of the district may be given the opportunity to serve an apprenticeship as a principal in the selected districts."

SECTION    60.    Section 59-25-110 of the 1976 Code is amended to read:

"Section 59-25-110.    The State Board Superintendent of Education, by rules and regulations, shall formulate and administer a system for the examination and certification of teachers."

SECTION    61.    Sections 59-25-150 through 59-25-210 of the 1976 Code are amended to read:

"Section 59-25-150.    The State Board Superintendent of Education may, for just cause, either revoke or suspend the certificate of any person.

Section 59-25-160.    'Just cause' may consist of any one or more of the following:

(1)    Incompetence;

(2)    Wilful neglect of duty;

(3)    Wilful violation of the rules and regulations of the State Board Superintendent of Education;

(4)    Unprofessional conduct;

(5)    Drunkenness;

(6)    Cruelty;

(7)    Crime against the law of this State or the United States;

(8)    Immorality;

(9)    Any conduct involving moral turpitude;

(10)    Dishonesty;

(11)    Evident unfitness for position for which employed; or

(12)    Sale or possession of narcotics.

Section 59-25-170.    No person's certificate may be either revoked or suspended unless written notice specifying the cause for either the revocation or suspension has been given to the person by the State Board Superintendent of Education and a hearing has been afforded such person.

Section 59-25-180.    Whenever the State Board Superintendent of Education either revokes or suspends a certificate of any person it shall immediately notify the chairman of the district board of trustees that employs such person of the revocation or suspension.

Section 59-25-190.    The revocation or suspension of the certificate of any person shall terminate the employment of such person until such time as a decision is reached concerning the charge against such person; however, such person shall be paid until the final disposition of the case by the State Board Superintendent of Education.

Section 59-25-200.    Within fifteen days after receipt of notice of revocation or suspension, such person may serve upon the chairman of the State Board of Education or the State Superintendent of Education a written request for either a public or private hearing before the board superintendent. The hearing shall be held by the board superintendent not less than ten days nor more than twenty days after the request is served, and a notice of the time and place of the hearing shall be given the person not less than four days prior to the date of the hearing. At the hearing, which shall be as summary and as simple as reasonably may be, the parties may appear in person and by counsel, if desired, and may present any testimony, under oath, or other evidence as may be pertinent. Within fifteen days following the hearing, the board superintendent shall determine whether there existed just cause for the notice of revocation or suspension and shall render its written order accordingly either affirming, withdrawing, or modifying the notice of revocation or suspension.

Section 59-25-210.    The State Board Superintendent of Education, for the purposes of this article, shall have the power to subpoena witnesses, to administer oaths, and to examine witnesses and such parts of any books and records as relate to the issue or issues involved."

SECTION    62.    Sections 59-25-240; 59-25-250, as last amended by Act 184 of 1993; and 59-25-260 and 59-25-270, both as last amended by Act 55 of 1999, of the 1976 Code are amended to read:

"Section 59-25-240.    The county sheriffs and their respective deputies shall serve all subpoenas of the State Board Superintendent of Education and shall receive the same fees as are now provided by law for like service. Each witness who appears in obedience to such subpoena shall receive for attendance the fees and mileage of witnesses in civil cases in the courts of the county in which the hearing is held.

Section 59-25-250.    (A)    Upon application by the State Board Superintendent of Education, the court of common pleas shall enforce by proper proceedings the attendance and testimony of witnesses and the production of books, papers, and records. The unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the State Board Superintendent of Education is a misdemeanor. A person who engages in this conduct, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

(B)    The State Board Superintendent of Education may issue to the sheriff of the county in which a hearing is held a warrant requiring him to produce at the hearing a witness who has ignored or failed to comply with any subpoena issued by the State Board Superintendent of Education and properly served upon the witness. The warrant authorizes the sheriff to arrest and produce at the hearing the witness, and it is his duty to do so. The failure of a witness to appear in response to a subpoena may be excused on the same grounds as provided by law for the attendance of witnesses in the courts of this State.

Section 59-25-260.    The findings of fact by the State Board Superintendent of Education shall be final and conclusive. The person aggrieved by the order of the State Board Superintendent of Education, within thirty days thereafter, may appeal to the court of common pleas, to review errors of law only, by filing with the State Board Superintendent of Education notice of such appeal and of the grounds thereof. The State Board Superintendent of Education shall within thirty days thereafter, file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules.

Section 59-25-270.    If either the State Board Superintendent of Education, the court of common pleas, the court of appeals, or the Supreme Court of South Carolina reverses the order of revocation or suspension, the person whose certificate had been either revoked or suspended by the state board superintendent shall be fully reinstated and shall receive all salary lost as a result of such revocation or suspension of his certificate; provided, however, that where the State Board Superintendent of Education, within the time prescribed by law, appeals from an order of the court of common pleas reversing an order of revocation or suspension rendered by the State Board Superintendent of Education, the person whose certificate had either been revoked or suspended by the state board superintendent shall not be entitled to be reinstated and to receive all salary lost as a result of his certificate's revocation or suspension by the state board superintendent unless and until the Supreme Court or court of appeals affirms the order of the court of common pleas."

SECTION    63.    Section 59-25-530 of the 1976 Code is amended to read:

"Section 59-25-530.    Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conduct. A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period. Upon the formal complaint of the school board, substantiated by conclusive evidence, the State superintendent shall suspend or revoke the teacher's certificate, for a period not to exceed one calendar year. State education agencies in other states with reciprocal certification agreements shall be notified of the revocation of the certificate."

SECTION    64.    Section 59-25-760 of the 1976 Code is amended to read:

"Section 59-25-760.    All notices to be given under this article by either the county board or the State Board Superintendent shall be given to both parties and the notices herein required to be given by a party shall be served upon the opposite party prior to the filing thereof. All of such notices may be served by registered mail."

SECTION    65.    Sections 59-25-800; 59-25-810; 59-25-820; 59-25-830, as last amended by Act 55 of 1999; 59-25-840; 59-25-850; and 59-25-860 of the 1976 Code are amended to read:

"Section 59-25-800.    The county board may, in determining whether or not a discrimination exists, recommend that the State Board Superintendent of Education require all teachers in the district to be examined and recertified under the procedure then in force for the certification of teachers as to their qualifications and may thereupon require the trustees of such district to classify such teachers in accordance with such recertification for the purpose of fixing their salaries, to the end that the salaries of such teachers shall be based upon the value of the services rendered, it being found as a fact that each grade of teachers' certificates now outstanding is held by teachers of greatly varying efficiency, abilities and accomplishments. Should no appeal be taken from a decision of the county board making such recommendation, the State Board Superintendent of Education shall carry out such recommendation.

Section 59-25-810.    Within thirty days after the receipt of any such notice of such decision of the county board, any party thereto shall have the right to appeal to the State Board Superintendent of Education by filing a notice of appeal, stating the grounds thereof, with the county board of education. Upon such appeal being filed, the county board, within thirty days thereafter, shall file a full and complete certified transcript of the proceedings had before it with the State Board Superintendent of Education. Upon receipt of such appeal, the State Board Superintendent of Education shall fix a time and place for the hearing thereof and give notice, by registered mail, to the parties involved. Such appeal shall be heard upon the transcript of the proceedings from the county board and such other investigation and additional testimony as the State Board Superintendent may elect to take, all of which, if taken, shall be reported and made a part of the record. The State Board Superintendent of Education shall review all questions of law and fact and, in determining the matter, exercise its discretion as an original duty imposed upon it. All powers and remedies herein conferred on county boards as to subpoenaing witnesses, enforcing attendance, taking and production of evidence and other procedural matters are hereby conferred upon the State Board Superintendent.

Section 59-25-820.    The State Board Superintendent of Education, upon its own initiative, in the accomplishment of justice in the matter, may require all teachers in the district from which the appeal came to be examined and recertified under the procedure then in force for the certification of teachers as to their qualifications and shall thereupon require the trustees of such district to classify such teachers in accordance with such recertification for the purpose of fixing their salaries, to the end that the salaries of such teachers shall be based upon the value of services rendered.

Section 59-25-830.    The findings of fact by the State Board Superintendent of Education shall be final and conclusive as to all parties, but any party thereto may, within thirty days thereafter, appeal to the court of common pleas of the county in which the appeal arose, to review error of law only, by filing with the State Board Superintendent of Education notice of the appeal and of the grounds for the appeal. The state board superintendent, within thirty days thereafter, shall file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules.

Section 59-25-840.    Any decision of either the county board or the State Board Superintendent which shall become final by reason of no appeal being taken therefrom as herein provided shall be filed in the office of the clerk of court of the county in which the complaint arose within ten days after such decision becomes final by the board or superintendent rendering the decision. Any party thereto shall have the right to apply to the circuit court of such county for the enforcement of such decision and the court shall enforce such decision in the same manner as judgments of such court are enforced.

Section 59-25-850.    Nothing contained herein shall give any teacher any right to claim compensation in addition to that received for the period prior to the filing of the complaint with the county board as provided in Section 59-25-720.

Section 59-25-860.    Costs shall be taxed in the proceedings authorized hereunder by the respective boards in accordance with the procedure and limitations applicable to taxing costs in a civil action at law in the court of common pleas. The clerk of each board shall be allowed the same fees as clerks of court of the county in which the proceedings arose, and any other fees or costs allowed by law in the court of common pleas in actions at law, and which are taxable as costs, shall apply in the proceedings before the boards and be taxable as costs. The costs so taxed of both parties shall be paid by the State Board Superintendent of Education."

SECTION    66.    Chapter 26, Title 59 of the 1976 Code is amended to read:

Section 59-26-10.    It is the intent of this chapter to provide for a fair, cohesive, and comprehensive system for the training, certification, initial employment, evaluation, and continuous professional development of public educators in this State. The following guidelines, which further constitute the intent of this chapter must be adhered to by all state and local officials, agencies, and boards in interpreting and implementing the provisions of this chapter so that the system provided for herein shall:

(a)    upgrade the standards for educators in this State in a fair, professional, and reasonable manner;

(b)    assure that prospective teachers have basic reading, mathematics, and writing skills;

(c)    improve the educator training programs and the evaluation procedures for those programs;

(d)    assure that prospective teachers know and understand their teaching areas and are given assistance toward the achievement of their potential;

(e)    assure that school districts implement a comprehensive system for assisting, developing, and evaluating teachers employed at all contract levels.

Section 59-26-20.    The State Board Superintendent of Education, through the State Department of Education, and the Commission on Higher Education shall:

(a)    develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State;

(b)    adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties;

(c)    establish program approval procedures which shall assure that all members of visiting teams which review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams;

(d)    render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter;

(e)    adopt program approval standards so that all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this chapter before final admittance into the undergraduate teacher education program. These program approval standards shall include, but not be limited to, the following:

(1)    A student initially may take the basic skills examination during his first or second year in college.

(2)    Students may be allowed to take the examination no more than four times.

(3)    If a student has not passed the examination, he may not be conditionally admitted to a teacher education program after December 1, 1996. After December 1, 1996, any person who has failed to achieve a passing score on all sections of the examination after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person shall first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination then may be given to this person. If the person fails to pass the examination after the third attempt, after a period of three years, he may take the examination or any sections not passed for a fourth time under the same terms and conditions provided by this section of persons desiring to take the examination for a third time.

Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board Superintendent of Education for these teacher education programs.

(f)    administer the basic skills examination provided for in this section three times a year;

(g)    report the results of the examination to the colleges, universities, and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance;

(h)    adopt program approval standards so that all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations;

(i)    adopt program approval standards whereby each student teacher must be evaluated and assisted by a representative or representatives of the college or university in which the student teacher is enrolled. Evaluation and assistance processes shall be locally developed or selected by colleges or universities in accordance with State Board Superintendent of Education regulations. Processes shall evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All college and university representatives who are involved in the evaluation and assistance process shall receive appropriate training as defined by State Board Superintendent of Education regulations. The college or university in which the student teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome any identified deficiencies;

(j)    the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board Superintendent of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments shall not be reimbursed. The Department of Education and the local school district shall be responsible for annual distribution of the critical needs list. It shall be the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1.

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.

In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;

(k)    for special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specif