South Carolina General Assembly
116th Session, 2005-2006

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Bill 80

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COMMITTEE REPORT

March 3, 2005

S. 80

Introduced by Senators McConnell, Moore, Campsen, Ryberg, Verdin, Alexander, Gregory, Grooms and Richardson

S. Printed 3/3/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 80) to amend 2-13-240, Code of Laws of South Carolina, 1976, relating to distribution of the Code of Laws of South Carolina, so as to provide for Code distribution, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ PART I

Executive Department

SECTION    1.    Section 2-13-240(a) of the 1976 Code is 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 four;

(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, five;

(b)    General Services Division, six Auditor, three;

(c)    Personnel Division, one State House, Legislative and Judicial Facilities Operations Division, two;

(d)    Research and Statistical Services Division, one;

(e)    Retirement System Division, one;

(f)    Procurement Services Division, one;

(g)    Office of State Chief Information Officer, one;

(59)        Children's Bureau, one RESERVED;

(59A)    Department of Behavioral Health Services:

(a)    Division of Alcohol and other Drug Abuse Services, one;

(b)    Division of Continuum of Care, one;

(c)    Division of Mental Health, three;

(60)    Department of Consumer Affairs, one;

(61)    Department of Corrections, two;

(62)    Criminal Justice Academy, one;

(63)    Department of Commerce, five;

(64)    Employment Security Commission, two;

(65)    Ethics Commission, one;

(66)    Forestry Commission, one;

(67)    Department of Health and Environmental Control, five

(67A)    Department of Health Oversight and Finance, four;

(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 six;

(80)    Ports Authority, one;

(81)    Department of Probation, Parole and Pardon, two;

(82)    Public Service Commission, three;

(83)    Department of Social Services, two;

(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;

(89)    Department of Administration, five."

SECTION    2.    The provisions of this part take effect July 1, 2006.

PART II

Department and Office Organization

SECTION    1.    Chapter 30, Title 1 of the 1976 Code is 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 Administration;

(2)    Department of Agriculture;

(3)    Department of Behavioral Health Services;

(4)    Department of Commerce;

(5)    Department of Corrections;

(6)    Department of Disabilities and Special Needs;

(7)    Department of Education;

(8)    Department of Health and Environmental Control;

(9)    Department of Health Oversight and Finance;

(10)    Department of Insurance;

(11)    Department of Juvenile Justice;

(12)    Department of Labor, Licensing and Regulation;

(13)    Department of Motor Vehicles;

(14)    Department of Natural Resources;

(15)    Department of Parks, Recreation and Tourism;

(16)    Department of Probation, Parole and Pardon Services;

(17)    Department of Public Safety;

(18)    Department of Revenue;

(19)    Department of Social Services;

(20)    Department of Transportation.

(B)(1)    The governing authority of each department shall be either:

(i)        a director, 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(B); or,

(ii)    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.

(2)    In making appointments to boards and an appointment for a governing authority of a department directors, 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)    Each department shall be organized into appropriate divisions subdivisions by the governing authority of the department through further consolidation or further subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the 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.

(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 governing authority of a department director may appoint deputy directors deputies 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. 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 Deputies serve at the will and pleasure of the department director governing authority. 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 department's governing authority and performing such other duties as delegated by the department director department's governing authority.

(F)(1)    In the event a vacancy should occur occurs in the office of department director the department's governing authority 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.

(G)(1)    Department and agency governing authorities must, no later than the first day of the 1994 2006 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 of Representatives, 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.

Department and agency governing authorities must, no later than the first day of the 2006 legislative session, and every three years thereafter, submit to the Governor and the General Assembly a three-year plan that provides initiatives and/or planned actions that implement cost savings and increased efficiencies of services and responsibilities within the projected three-year period.

(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, 2006, the Department of Alcohol and Other Drug Abuse Services, as constituted 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 Behavioral Health Services, Division 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 Division of Alcohol and Other Drug Abuse Services.

Section 1-30-22.    (A)    Effective July 1, 2006, 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, except for the real property programs; and

(2)    the Office of Energy in the Insurance and Grants Services Division of the Budget and Control Board.

(B)    Effective July 1, 2006, 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 Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices or portions thereof 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; and

(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 person who violates 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 department 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), during the competitive solicitation process or 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 1-30-23.    (A)    Effective on July 1, 2006, 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 Behavioral Health Services to be divided into divisions of Alcohol and Other Drug Abuse Services, Continuum of Care, and Mental Health:

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

(2)    Continuum of Care, as provided for at Section 20-7-5610, et seq.; and

(3)    Department of Mental Health, as constituted in Section 1-30-70(A).

(B)    Each transferred office must be maintained as a distinct component of the Department of Behavioral Health 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 secretary.

(C)    Where the provisions of this act transfer offices, or portions thereof, to the Department of Behavioral Health Services, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Behavioral Health 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 Behavioral Health Services, with the same compensation, classification, and grade level, as applicable.

(D)    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 Behavioral Health Services.

Section 1-30-25.    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)    South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;

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

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

(D)    State Development Board, including the South Carolina Film Commission, formerly provided for in 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 commission are budgeted and spent so as to further the following objectives:

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

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

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

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

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

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

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

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

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

(10)    encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.

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

Section 1-30-30.    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.

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, 2006, Babynet, as provided for in Section 44-7-2510 et seq., 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 from the Department of Health and Environmental Control, as constituted in Section 1-30-45(A), to the Department of Disabilities and Special Needs, Division of Babynet Services, and all powers, duties, obligations, and responsibilities of Babynet are devolved upon the Department of Disabilities and Special Needs, Division of Babynet Services.

Section 1-30-40.    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.

Section 1-30-45.    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, 2006, Babynet, as provided for in Section 44-7-2510 et seq., including all allied, advisory, affiliated, or related entities, as well as the employees, funds, property, and all contractual rights and obligations associated with Babynet, except for those subdivisions specifically included or transferred to another department or division, is transferred from the Department of Health and Environmental Control, as constituted in subsection (A), to the Department of Disabilities and Special Needs, Division of Babynet Services, and all powers, duties, obligations, and responsibilities of Babynet are devolved upon the Department of Disabilities and Special Needs, Division of Babynet Services.

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 January 1, 2006, the Department of Health and Human Services, as constituted 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 agencies, boards, commissions, and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to the Department of Health Oversight and Finance, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Health Oversight and Finance.

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:

(A1)    Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;

(B2)    Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;

(C3)    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 Counselors, 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, 2006, the Department of Mental Health, as constituted 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 Behavioral Health Services, Division of Mental Health and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Behavioral Health Services, Division 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 Office of Research and Statistical Services Statistics 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 January 1, 2006, the governing authority of the Department of Natural Resources, as constituted in subsection (A), becomes an advisory board of the department, and all powers, duties, obligations, and responsibilities of the governing authority for the Department of Natural Resources are devolved upon a director who is appointed by the Governor, with the advice and consent of the Senate, and who serves at the pleasure of the Governor and who may be removed by the Governor pursuant to Section 1-3-240(B).

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.    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.

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.

(A1)    Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;

(B2)    State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;

(C3)    Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;

(D4)    Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.;

(E5)    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.;

(A1)    Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;

(B2)    Tax Commission, formerly provided for at Section 12-3-10, et seq.

Section 1-30-100.    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.

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 the Department of Motor Vehicles, as established by Section 56-1-5, 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.;

(8)    Children's Case Resolution System, as provided for in Section 20-7-5210 et seq.

(B)    Effective July 1, 2006, the following agencies, boards, and commissions, as constituted 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 Behavioral Health Services, Division of Continuum of Care:

Continuum of Care, provided for at Section 20-7-5610, et seq.

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:

(A1)    Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;

(B2)    State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq."

SECTION    2.    Unless otherwise provided in this part, the provisions of this part take effect upon approval by the Governor.

PART III

State Budget and Control Board/Department of Administration

Subpart 1

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

"Section 1-10-10.    (A)    As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B)    The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C)    The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

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 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 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 board in its judgment.

(B)    Notwithstanding subsection (A), as of July 1, 2006, the Division of General Services, except for the real property programs, and the Office of Energy in the Insurance and Grants Services Division are transferred to, and incorporated into, the Department of Administration.

(C)    On and after July 1, 2006, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of:

(1)    three management entities:

(a)    the office of Executive Director;

(b)    the State Auditor; and

(c)    the Chief Information Officer;

(2)    one organizational entity: the Coordinating Council for Cultural and Information Services; and

(3)    six divisions:

(a)    the State House, Legislative, and Judicial Facilities Operations Division;

(b)    the Budget and Analyses Division;

(c)    the Retirement Division;

(d)    the Insurance and Grants Services Division;

(e)    the Procurement Services Division; and

(f)    the Internal Audit and Performance Review Division.

(D)    On and after July 1, 2006, the Cultural and Information Services organizational entity of the Budget and Control Board is established, as provided in Article 11 of Chapter 11 of Title 1, to coordinate the activities of the State Library, the State Museum, the Old Exchange Commission, the Department of Archives and History, the Educational Television Commission, the Arts Commission, the South Carolina Institute of Archaeology and Anthropology, and the Confederate Relic Room of the Budget and Control Board.

(E)    On and after July 1, 2006, the Budget and Control Board contains an additional division, known as the State House, Legislative, and Judicial Facilities Operations Division, responsible for the operations and management of the State House, the Blatt Office Building, the Gressette Office Building, the Supreme Court Building, the Calhoun Office Building, and the Capitol Complex grounds. The Budget and Control Board must not assess any rent, additional rent, or energy surcharges to the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; or the Office of Legislative Printing, Information and Technology Systems for use of the buildings and facilities maintained by this division.

(F)(1)    On and after January 1, 2006, there is created within the Budget and Control Board the Grants Review Committee for the purpose of awarding grants to counties and municipalities. The committee shall consist of five members with one member appointed by each of the following officials: the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the Senate, and the Chairman of the Ways and Means Committee of the House of Representatives. The officials may make initial appointments to the committee and the committee members my organize prior to January 1, 2006. Members shall serve two-year terms coterminous with the appointing official. The committee must adopt rules of procedure and elect a chairman from the membership of the committee.

(2)    The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All applications must conform to and all grants must be awarded pursuant to criteria established by the committee. Grants must be awarded in amounts determined by the committee from funds appropriated by the General Assembly. Staff for the committee must be provided by the Budget and Control Board.

(3)    Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for approval by the committee."

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 and management and organizational entities.

(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.    Section 1-11-55 of the 1976 Code is 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)(a)    The Budget and Control Board 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.

(b)    The Budget and Control Board must not assess any rent, additional rent, or energy surcharges to the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; or the Office of Legislative Printing, Information and Technology Systems.

(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 of General Services board 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 the board may require. Upon receipt of any such request, General Services the board 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 board agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board as provided for in subsection (5) of this section, General Services the board 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 the board by the time specified by General Services the board.

(4)    The board 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.

(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 executive director of the Office of General Services of the board or his designee.

SECTION    6.    Sections 1-11-57 and 1-11-58 of the 1976 Code are amended to read:

"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 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.

(3)    Except for any properties where the board determines title should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or where the board determines the state would be best served by not receiving title, and with the exception of properties, highways, and roadways owned by the Department of Transportation, title of any property acquired by a state agency or department shall be titled in the name of the State under the control of the board. This provision applies to all state agencies and departments except institutions of higher learning, the Public Service Authority, the Ports Authority, the Medical University of South Carolina Hospital Authority, the Myrtle Beach Air Force Redevelopment Authority, the Department of Transportation, and the Charleston Naval Complex Redevelopment Authority.

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, Office 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 of General Services will board 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 of General Services board 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 of General Services board 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 may authorize the Office of General Services to sell sale of any unassigned surplus real property. The Office of General Services board 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 board to be commercially reasonable considering the type and location of property involved."

SECTION    7.    Section 1-11-65 of the 1976 Code is 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 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.

(C)    Except for any properties where the board determines title should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or where the board determines the state would be best served by not receiving title, and with the exception of properties, highways, and roadways owned by the Department of Transportation, title of any property acquired by a state agency or department shall be titled in the name of the State under the control of the board. This provision applies to all state agencies and departments except institutions of higher learning, the Public Service Authority, the Ports Authority, the Medical University of South Carolina Hospital Authority, the Myrtle Beach Air Force Redevelopment Authority, the Department of Transportation, and the Charleston Naval Complex Redevelopment Authority."

SECTION    8.        Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Section 1-11-185.    (A)    In addition to the powers granted to 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 to adopt standards 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    9.    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 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:

(a1)    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.

(b2)    to eliminate unofficial and unauthorized use of state vehicles.;

(c3)    to minimize individual assignment of state vehicles.;

(d4)    to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.;

(e5)    to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.; and

(f6)    to insure ensure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."

SECTION    10.    Section 1-11-225 of the 1976 Code is amended to read:

"Section 1-11-225.    The Division of Operations 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    11.    Section 1-11-250, Section 1-11-260, Section 1-11-270(A) and (B), Section 1-11-280, Section 1-11-290, Section 1-11-300, Section 1-11-310, Section 1-11-320, Section 1-11-335, and Section 1-11-340 are amended to read:

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

(a1)    '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.

(b2)    'Board' means State Budget and Control Board.

(3)    'Department' means the 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 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 of Motor Vehicle Management Department of Administration 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 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    12.    Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Article 11

Coordinating Council for

Cultural and Information Services

Section 1-11-1510.    (A)    Effective July 1, 2006, without affecting the agencies' existing governing bodies, there is created the Coordinating Council for Cultural and Information Services as an organizational entity in the Budget and Control Board. The membership of the coordinating council consists of the:

(1)    Executive Director of the South Carolina Arts Commission;

(2)    Director of the South Carolina Department of Archives and History;

(3)    Director of the Confederate Relic Room and Museum;

(4)    President of South Carolina Educational Television;

(5)    Director of the South Carolina State Library;

(6)    Director of the South Carolina State Museum;

(7)    State Archaeologist of the South Carolina Institute of Archaeology and Anthropology, and

(8)    Chairman of the Old Exchange Commission.

(B)    The chairman of the coordinating council must be elected annually by majority vote of the members. A member is not eligible to serve as chairman until he has served in his agency position for more than one year. The chairmanship of the council must rotate among the members, and a member elected as chairman must not serve successive annual terms.

(C)    Staffing for the coordinating council must be provided by the participating agencies.

Section 1-11-1520.    (A)    No later than August 1, 2006, the coordinating council must meet to organize.

(B)    The coordinating council must meet at the call of the chair and at least quarterly, beginning in October of 2006, to discuss ways to enhance the growth and development of the cultural and information services in the State and develop a strategic plan for coordinating activities among the member agencies and consolidating certain services in an effort to avoid duplication and increase efficiency and effectiveness. Following each meeting, the chairman of the coordinating council must make a report to the Executive Director of the Budget and Control Board concerning the plans for coordinated and consolidated activities that the coordinating council is proposing and has implemented.

(C)    The coordinating council may request assistance from the Executive Director and staff of the Budget and Control Board and other state cultural resources in order to achieve its objectives.

Section 1-11-1530.    The coordinating council must make a consolidated report to the Budget and Control Board concerning plans for coordinating services among the agencies of the coordinating council and at such other times as the board may require. A copy of any consolidated report must also be submitted to the Chairmen of the Senate Judiciary Committee and the House of Representatives Judiciary Committee.

Section 1-11-1540.    (A)    The coordinating council shall make recommendations to the General Assembly as to the policies and programs involved in the state's cultural and information services.

(B)    This section does not limit an agency's direct access to the General Assembly, and each agency shall offer information as a separate and distinct entity as it relates to the budget process.

Section 1-11-1550.    Neither the provisions of Sections 1-11-1510 through 1-11-1550 nor the coordinating council shall infringe upon nor diminish the duties and responsibilities of the governing bodies of the agencies involved."

SECTION    13.    Section 2-47-56 of the 1976 Code is amended to read:

"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, or its designated staff, 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    14.    Chapter 9, Title 3 of the 1976 Code is amended to read:

"CHAPTER 9

Acquisition and Distribution of Federal Surplus Property

Section 3-9-10.    (aA)    The Division of General Services of the State Budget and Control Board 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 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 state law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal federal law to acquire such property.

(bB)    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 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.

(cC)    For the purpose of executing its authority under this chapter, the Division of General Services of the Department of Administration 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.

(dD)    The Budget and Control Board Department of Administration 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.

(eE)    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 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.

(fF)    The Division of General Services of the Department of Administration 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.

(gG)    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 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 of the Department of Administration may delegate such power and authority as he deems considers reasonable and proper for the effective administration of this chapter. The State Budget and Control Board 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 of the Department of Administration 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    15.    Section 10-1-10 of the 1976 Code is amended to read:

"Section 10-1-10.    (A)    The State Budget and Control Board shall keep, landscape, cultivate, and beautify the State House and State House Capitol Complex grounds with authority to expend such amounts as may be annually appropriated therefore. The Board board shall employ all help and labor in policing, protecting, and caring for the State House and State House Capitol Complex grounds and shall have full authority over them.

(B)    The State Budget and Control Board shall keep and maintain the Blatt Office Building, Gressette Office Building, Supreme Court Building, and Calhoun Office Building with authority to expend amounts appropriated annually therefore.

(C)    The Department of Administration shall keep, landscape, cultivate, and beautify the Governor's mansion and its grounds with authority to expend such amounts as may be annually appropriated therefore. The Department of Administration shall employ all help and labor in policing, protecting, and caring for the Governor's mansion and its grounds and shall have full authority over them."

SECTION    16.    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    17.    Sections 10-1-180 of the 1976 Code is 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 approval and regulation of the State Budget and Control Board. 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    18.    Section 10-11-30 of the 1976 Code is amended to read:

"    "Section 10-11-30.    (A)    It shall be unlawful for any person to trespass upon the grass plots or flower beds of the grounds of the State House or the Governor's mansion, or of the grounds surrounding any of the State office buildings located in the area bounded by Assembly, Gervais, Bull, and Pendleton Streets in the city of Columbia, to damage or deface any of the buildings, or to cut down, deface, mutilate or otherwise injure any of the statues, trees, shrubs, grasses or flowers on the grounds or commit any other trespass upon any property of the State, real or personal, located thereon.

(B)    It shall be unlawful for any person to trespass upon the grass plots or flower beds of the grounds of the Governor's mansion, to damage or deface any of the buildings, or to cut down, deface, mutilate, or otherwise injure any of the statues, trees, shrubs, grasses, or flowers on the grounds or commit any other trespass upon any property of the State, real or personal, located thereon."

SECTION    19.    Section 10-11-50 of the 1976 Code is 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 or the 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-twelve for the Senate;

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

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

SECTION    20.    Section 10-11-90 of the 1976 Code is amended to read:

"Section 10-11-90.    (A)    The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30(A) 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 state constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor.

(B)    The watchmen and policemen employed by the Department of Administration for the protection of the property described in Sections 10-11-30(B) 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 with the Department of Administration and be duly commissioned by the Governor."

SECTION    21.    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 state highway patrolmen and policemen of the city City of Columbia shall have the right to issue and use parking tickets of the type used by the city City of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board or the 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 City of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."

SECTION    22.    Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840 are amended to read:

"Section 11-35-3810.    Subject to existing provisions of law, the board Department of Administration, Division of General Services 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; and

(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 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 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 board'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    23.    Section 11-35-4020 of the 1976 Code is amended to read:

"Section 11-35-4020.    Governmental bodies approved by the board 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    24.    Sections 44-53-530(a) and (b) are amended to read:

"(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 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 Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."

SECTION    25.    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 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, Department of Administration shall recommend to the Budget and Control Board changes to 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    26.    Section 10-5-270(A)(1) of the 1976 Code is 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    27.    Chapter 9 of Title 10 of the 1976 Code is amended to read:

"CHAPTER 9

Minerals and Mineral Interests in Public Lands

Article 1

General Provisions

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 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 the 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 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 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 the Department of Administration, and such commissions, respectively.

Article 3

Phosphate

Section 10-9-110.    The State Budget and Control Board 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 Board 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 However, the lessee or licensee may shall not take possession if there be is 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 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 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.

Article 5

Geothermal Resources

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 the energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat.;

(2)    The 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.; and

(3)    All 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) 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 of 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 department.

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."

Subpart 2

SECTION    1.    Section 48-52-410 of the 1976 Code is amended to read:

"Section 48-52-410.    There is established the State Energy Office within the State Budget and Control Board 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 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 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 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 Department of Administration."

SECTION    4.    Section 48-52-680(C) of the 1976 Code is amended to read:

"(C)    The State Energy Office shall provide the Office of Property Facilities Management of the Budget and Control Board 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 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.

(6)    'Department' means the Department of Administration or its designee."

SECTION    6.    Section 48-46-40 of the 1976 Code is amended to read:

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

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

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

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

(5)    In consultation with the site operator and the department, the board or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, or other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, 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 for a regional generator is lower than a disposal rate approved by the board for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board, the 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, 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 is authorized by the compact commission to enter into agreements for importation of waste.

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

(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 shall not authorize the importation of nonregional waste for purposes of disposal.

(b)    The board, in consultation with the department, may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board, in consultation with the 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 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 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 the Department of Administration, the board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board. Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the 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, the department, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a nonregional generator is lower than a disposal rate approved by the board for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board, the 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 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 consultation with the department 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 of Health and Environmental Control with respect to safety and environmental protection.

(b)    Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board department from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board, the 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 of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.

(10)    In all respects in which the PSC has power and authority under this chapter, it shall conduct its 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, in consultation with the 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, the department, and the board for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.

(3)    All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. 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 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 Environmental Control, the board, the Department of Administration, 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 is amended to read:

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

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

(2)    adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude prohibit 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, upon consultation with the department. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board, upon consultation with the department. Upon approval of the Barnwell County governing body and the board, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;

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

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

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

(B)    The board, the Department of Administration, 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'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 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 Environmental Control is responsible for continued site monitoring."

SECTION    10.    Section 13-7-10(10) of the 1976 Code 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, 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 is further amended to read:

"Section 13-7-30.    For purposes of this article, the State Budget and Control Board 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 State Treasurer 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 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 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 is 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 and the Department of Administration."

Subpart 3

SECTION    1.    Section 1-11-435 of the 1976 Code is amended to read:

"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 of the State Chief Information Officer (CIO) of the 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 is amended to read:

"Section 1-11-770.    (A)    Subject to appropriations, the General Assembly authorizes the state Budget and Control Board 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 is 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 Office 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)    evaluating the use and management of information technology;

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

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

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

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

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

(B)    The Information Technology Management Office of the Procurement Services Division of the Budget and Control Board 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.

(C)    Notwithstanding the provisions of subsection (B), the Department of Transportation, the South Carolina Public Service Authority, the South Carolina State Ports Authority, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities may each conduct and administer procurements for information technology as a Purchasing Agency without the oversight of the Information Technology Management Office. In making information technology procurements, the Department of Transportation, the South Carolina Public Service Authority, the South Carolina State Ports Authority, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities must follow the requirements of the South Carolina Consolidated Procurement Code and related regulations."

SECTION    4.    Section 23-1-230(H) of the 1976 Code 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."

SECTION    5.    Section 23-47-30 of the 1976 Code 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), Budget and Analyses Division, South Carolina Budget and Control Board, Office of Research and Statistics 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 the Budget and Control Board, 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; and

(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 is 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 Budget and Analyses Division."

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 Office 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 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 Section 11-35-1580 provided that the service is secure;"

SECTION    9.    Section 59-150-390 of the 1976 Code 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."

Subpart 4

Sections 1-11-315, 48-52-435, 48-52-440, and 48-52-460 of the 1976 Code are repealed.

Subpart 5

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

"Article 9

Office of State Chief Information Officer

Section 1-11-1300.     It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within the 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 1-11-1305.     There is created a management entity within the State Budget and Control Board, the Office of the State Chief Information Officer. The office is headed by the State Chief Information Officer who is 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 only 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 1-11-1310.     The Office 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 office.

Section 1-11-1315.     As used in this article,

(1)    'Advisory Council' means the South Carolina Information Technology Advisory Council as established in this article.

(2)    'Board' means the State Budget and Control Board.

(3)    'Exempted state agency' means the Department of Transportation, the South Carolina Public Service Authority, the South Carolina State Ports Authority, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities.

(4)    '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, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing, Information and Technology Systems; the Department of Transportation; the South Carolina Public Service Authority; the South Carolina State Ports Authority; the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the state's four-year public colleges and universities; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(5)    '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 purpose.

(6)    '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.

(7)    '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 office pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the office, 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.

(8)    'Office' means the Office of the State Chief Information Officer.

(9)    'Other state entity' means the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate or State House of Representatives; the Judicial Branch; the Legislative Council; the Office of Legislative Printing, Information and Technology Systems; or any other state agency or department that is not a political subdivision or is not included in the definitions of a governmental body or exempted state agency.

(10)    '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.

(11)    '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 1-11-1320.    (A)    There is created the South Carolina Information Technology Advisory Council.

(B)    The advisory 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 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 advisory council.

(D)    Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the advisory council while they hold that office.

(E)    Members serve without compensation, but citizen members of the advisory 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 advisory council.

(F)    The powers and duties of the advisory council include the following:

(1)    make recommendations for the coordinated statewide strategic plan for information technology prepared by the office;

(2)    make recommendations for the statewide strategic information technology directions, standards, and enterprise architecture prepared by the office;

(3)    make recommendations concerning a process to assess information technology plans and information technology projects as provided in Section 1-11-1335(4);

(4)    make recommendations concerning the procedures developed by the office for the allocation and distribution of funds from the Information Technology Innovation Fund;

(5)    upon request of the State Chief Information Officer or the board, make recommendations concerning the advisability of granting governmental bodies exemptions from the requirements imposed by the Chief Information Officer as provided in this article;

(6)    upon request of the State Chief Information Officer or the board, make recommendations concerning the termination of any information technology project of a governmental body or governmental bodies; and

(7)    upon request of the board, may review decisions of the office concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.

Section 1-11-1325.    (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 office'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 shall not receive per diem.

Section 1-11-1330.     The powers and duties of the office include the following:

(1)    develop for approval by the board a coordinated statewide strategic plan for information technology;

(2)    develop for approval by the board 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 office 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)    in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness, and cross agency information sharing. If the State Chief Information Officer and a governmental body or governmental bodies do not agree on a merger determination by the State Chief Information Officer, the governmental body or governmental bodies may seek a waiver from the determination by following the appeal process in Section 1-11-1355;

(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 office 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 office;

(11)    develop information technology applications and services for entities requesting them;

(12)    enter into agreements and contracts with governmental bodies, political subdivisions, and other state entities to provide and receive goods and services. The office may establish fee schedules to be collectible from governmental bodies and other state entities for services rendered and goods provided;

(13)    hire necessary personnel and assign them duties and powers as the office prescribes; and

(14)    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 1-11-1335.     The office 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 board approval a process for approving the information technology plans of governmental bodies;

(3)    establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;

(4)    develop for the board's approval a process for approving 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. Before initiating any information technology project proposed by a governmental body or governmental bodies that exceeds an amount set or adjusted by the board, but initially set at four hundred thousand dollars, the project must be approved, as provided in the approval process. Governmental bodies shall not artificially divide these projects so as to avoid the approval process;

(5)    monitor approved information technology projects. The office 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 office and the sponsoring governmental body. Upon suspension of an information technology project, the State Chief Information Officer must submit to the board a recommended action plan at the board's next regularly scheduled meeting. The governmental body may respond to the State Chief Information Officer's recommended action plan when it is presented to the board. Upon notifying a governmental body and giving the governmental body an opportunity to be heard, the board may terminate projects upon recommendation of the State Chief Information Officer;

(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 1-11-1340.    (A)    The office 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, other state entity, or exempted state agency, the office may supply telecommunications goods and services to the political subdivision, other state entity, or exempted state agency under terms and conditions agreed upon by the office and the political subdivision, other state entity, or exempted state agency.

(C)    A governmental body shall not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the office.

Section 1-11-1345.    (A)    The office has the following additional powers and duties relating to information technology procurements by governmental bodies ensure that information technology procurements conform to statewide information technology plans, strategies, and standards.

(B)    If requested by a political subdivision, other state entity, or exempted state agency, the office may supply information technology goods and services to the political subdivision, other state entity, or exempted state agency under terms and conditions agreed upon by the office and the political subdivision, other state entity, or exempted state agency.

(C)    An exempted state agency must follow the requirements of the South Carolina Consolidated Procurement Code and related regulations in making information technology procurements.

Section 1-11-1350.    The office 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 office 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 office in the collection of data required for this plan;

(2)    to 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 office 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 1-11-1355.    (A)    Each governmental body is required to develop an information technology plan and submit the plan to the office for approval. The office may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards.

(B)    A governmental body or governmental bodies may seek a waiver from the standards, requirements, or merger determinations as provided in this article by submitting a request for a waiver to the State Chief Information Officer.

(C)    The State Chief Information Officer must consider the technological and financial impact on the State as a whole and on the specific governmental body or governmental bodies in making a determination regarding the waiver.

(D)    In deciding whether to grant the request or upon the request of the governmental body or governmental bodies, the State Chief Information Officer may seek a recommendation concerning the waiver from the advisory council.

(E)    If the State Chief Information Officer denies the request for a waiver, the governmental body or governmental bodies may seek review of the denial by the board. The governmental body or governmental bodies and State Chief Information Officer must present information concerning the waiver to the board, and the board may request a recommendation from the advisory council if one has not been previously obtained.

(F)    The board's decision concerning the waiver is final, but does not prohibit the governmental body or governmental bodies from seeking a subsequent waiver through the appeal process in this section upon a showing of substantial change in circumstances.

Section 1-11-1360.    (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 office that are not reimbursable through a fee-for-service methodology. The office 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 shall 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 office, with the approval of the board, is responsible for developing appropriate procedures for the allocation and distribution of these funds.

Section 1-11-1365.    (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 person who violates 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 office shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional officer, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), during the competitive solicitation process or 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.    Section 1-11-430 of the 1976 Code is repealed.

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

"CHAPTER 8

Office of the State Inspector General

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;

(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; and

(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)    establish and maintain 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 than February fifteenth 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."

Subpart 6

SECTION    1.    This part takes effect July 1, 2006.

PART IV

Department of Behavioral Health Services

Subpart 1

SECTION    1.    Section 8-11-945 of the 1976 Code is amended to read:

"Section 8-11-945.    For the purposes of this article, local health care providers of the Department of Disabilities and Special Needs, Division of Mental Retardation, Department of Behavioral Health Services, Department Division of Alcohol and Other Drug Abuse Services, and the South Carolina Division on Aging are eligible for the base pay increase and performance pay increase as prescribed."

SECTION    2.    Section 9-11-10(23)(b) of the 1976 Code is amended to read:

"(b)    an employee after January 1, 2000, of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services who, by the terms of his employment, is a peace officer as defined by Section 24-1-280.

Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."

SECTION    3.    Section 11-11-170 of the 1976 Code is amended to read:

"Section 11-11-170.    (A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section.

(B)(1) Seventy-three percent of the revenues must be used for healthcare programs. These revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:

(a) for fiscal year 2000-2001 only, the first twenty million dollars available from the principal derived from securitization must be used for hospital base increase;

(b) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;

(c) home and community-based programs for seniors coordinated by the Department of Health and Human Services Oversight and Finance;

(d) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department Division of Alcohol and Other Drug Abuse Services;

(e) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;

(f) disease prevention and elimination of health disparities: diabetes, HIV/AIDS, hypertension, and stroke, particularly in minority populations; and

(g) other health related issues as determined by the General Assembly.

(2) Fifteen percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse:

(a) tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, `tobacco quota owner' and `tobacco grower' have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230; and

(b) after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a). After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund.

(3) Ten percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Economic Development Fund. Earnings on the fund must be credited to the fund. This fund must be used for the following programs:

(a) the first eighty million dollars credited to the fund is set aside to be used for the purposes specified in this item except for subitem (b);

(b) for Fiscal Year 2000-2001 only, the next ten million dollars credited to the fund must be set aside to be available to be appropriated and used in accordance with the provisions of Section 12-37-2735; and

(c) the remaining revenue credited to the fund must be used to fund the South Carolina Water and Wastewater Infrastructure Fund as provided in Section 13-1-45.

(4) Two percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Local Government Fund. Earnings on the fund must be credited to the fund. This fund must be used to fund the operation of and grants distributed by the Office of Local Government of the Division of Regional Development of the Budget and Control Board, or its successor in interest.

(C) In addition to those investments allowed pursuant to Section 11-9-660, the State Treasurer may invest and reinvest the revenues payable to the State pursuant to the Tobacco Master Settlement Agreement or funds raised pursuant to the provisions of Chapter 49 of this title and credited to the funds established by this section in any obligations of a corporation, state, or political subdivision denominated in United States dollars if the obligations bear an investment grade rating of at least two nationally recognized rating services."

SECTION    4.    Section 12-21-2975 of the 1976 Code is amended to read:

"Section 12-21-2975.    All soft drinks, playing cards, cigarettes and tobacco products confiscated under this chapter shall be donated to the Department Division of Mental Health in the Department of Behavioral Health Services for patient use. The items listed in this section shall not be subject to the advertisement and sale provisions as provided for in this chapter."

SECTION    5.    Section 14-1-203(2) of the 1976 Code is amended to read:

"(2)    10.04 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's division's addiction center facilities;"

SECTION    6.    Section 14-1-204(2) of the 1976 Code is amended to read:

"(2)    7.23 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's division's addiction center facilities;"

SECTION    7.    Section 14-1-205(2) of the 1976 Code is amended to read:

"(2)    16.73 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's division's addiction center facilities;"

SECTION    8.    Section 14-1-208(C)(7) of the 1976 Code is amended to read:

"(7)     .97 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's division's addiction center facilities;"

SECTION    9.    The last paragraph of Section 16-25-20 of the 1976 Code is amended to read:

"An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department Division of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."

SECTION    10.    Section 16-25-65(B) of the 1976 Code is amended to read:

"(B)    A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."

SECTION    11.    Section 17-24-40(F) of the 1976 Code is amended to read:

"(F)    If a person is committed to the supervision of the Department Division of Mental Health in the Department of Behavioral Health Services pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may shall not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."

SECTION    12.    Section 20-7-670(F) of the 1976 Code is amended to read:

"(F)    The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department Division of Mental Health in the Department of Behavioral Health Services."

SECTION    13.    Section 20-7-765 of the 1976 Code is amended to read:

"Section 20-7-765.    (A)    When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 20-7-764:

(1)    The parent successfully must complete a treatment program operated by the Department Division of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;.

(2)    Any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol successfully must complete a treatment program approved by the department before return of the child to the home; and.

(3)    The parent or other adult, or both, identified in item (2) must submit to random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized closed.

(B)    Results of tests ordered pursuant to this section must be submitted to the department division and are admissible only in family court proceedings brought by the department division."

SECTION    14.    Section 20-7-2725(A)(4)(c) of the 1976 Code is amended to read:

"(c)    the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department Division of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.

A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a childcare center, group childcare home, family childcare home, or church or religious childcare center."

SECTION    15.    Article 23, Chapter 7, Title 20 of the 1976 Code is amended to read:

"Article 23

Division of Continuum of Care for Emotionally Disturbed Children

Section 20-7-5610.    It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Division of Continuum of Care for Emotionally Disturbed Children Division is established in the office of the Governor Department of Behavioral Services. This article supplements and does not supplant existing services provided to this population.

Section 20-7-5640.    (A)(1)    The Division of Continuum of Care serves children:

(a) who have been diagnosed as severely emotionally disturbed;

(b) who have exhausted existing available treatment resources or services; or

(c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care.

(2)    Priority in the selection of clients must be based on criteria to be established by the Division of Continuum of Care.

(B)    Before a court refers a child to the Division of Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding:

(1)    the child's suitability for placement with the Division of Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation;

(2)    the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs; and

(3)    the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.

Section 20-7-5650.    The Division of Continuum of Care shall perform the following duties and functions:

(1)    identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;

(2)    coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;

(3)(a)    augment existing resources by providing or procuring services to complete the range of services needed to serve this population in the least restrictive, most appropriate setting. The scope of services includes, but is not limited to:

1.(i)        in-home treatment programs;

2.(ii)    residential treatment programs;

3.(iii)    education services;

4.(iv)    counseling services;

5.(v)        outreach services; and

6.(vi)    volunteer and community services.;

(b)    provide needed services until they can be procured;

(4)    provide case management services directly; and

(5)    supervise and administer the development and operation of its activities and services on a statewide regional basis.

Section 20-7-5655.    (A)    Records, reports, applications, and files kept on any client or potential client of the Division of Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless:

(1)    the client or potential client or his guardian consents;

(2)    a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest;

(3)    disclosure is necessary for research conducted or authorized by the Division of Continuum of Care; or

(4)    disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client.

(B)    Nothing in this section:

(1)    precludes prohibits disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or

(2)    requires the release of records of which disclosure is prohibited or regulated by federal law.

(C)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 20-7-5660.    The Governor Secretary of the Department of Behavioral Health Services may employ a director Division Chief to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The director Division Chief shall employ staff necessary to carry out the provisions of this article. The funds for the director Division Chief, staff, and other purposes of the Division of Continuum of Care Division must be provided in the annual general appropriations act. The division shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.

Section 20-7-5670.    The Division of Continuum of Care Division shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children."

SECTION    16.    Section 20-7-5710 of the 1976 Code is amended to read:

"Section 20-7-5710.    There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Division of Continuum of Care, Department of Behavioral Health Services, for Emotionally Disturbed Children of the Governor's Office, the Department of Disabilities and Special Needs, the State Department of Health and Human Services Finance Commission Oversight and Finance, the Department Division of Mental Health, Department of Behavioral Health Services, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers."

SECTION    17.    Section 20-7-5910(A) of the 1976 Code is amended to read:

"(A)    There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1)    the Commissioner Director of the South Carolina Department of Social Services;

(2)    the Commissioner of the South Carolina Department of Health and Environmental Control;

(3)    the State Superintendent of Education;

(4)    the Executive Director of the South Carolina Criminal Justice Academy;

(5)    the Chief of the State Law Enforcement Division;

(6)    the Commissioner Division Chief of the South Carolina Commission Division on of Alcohol and Other Drug Abuse, Department of Behavioral Health Services;

(7)    the Commissioner Division Chief of the State Department Division of Mental Health, Department of Behavioral Health Services;

(8)    the Commissioner Director of the State Department of Mental Retardation Disabilities and Special Needs;

(9)    the Commissioner Director of the Department of Youth Services Juvenile Justice;

(10)    an attorney with experience in prosecuting crimes against children;

(11)    a county coroner or medical examiner;

(12)    a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics;

(13)    a solicitor;

(14)    a forensic pathologist; and

(15)    two members of the public at large, one of which must represent a private nonprofit organization that advocates children services."

SECTION    18.    Section 20-7-8515(D) of the 1976 Code is 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 Division of Mental Health in the Department of Behavioral Health Services, the Department of Corrections, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order."

SECTION    19.    Section 20-7-9710(F) of the 1976 Code is amended to read:

"(F)    The chief executive officer of each of the following shall serve as an ex officio nonvoting member:

(a)    Department of Social Services or his designee;

(b)    Department of Health and Environmental Control or his designee;

(c)    Department of Health and Human Services Oversight and Finance or his designee;

(d)    Department Division of Mental Health in the Department of Behavioral Health Services or his designee;

(e)    Department of Disabilities and Special Needs or his designee;

(f)    Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services or his designee;

(g)    Department of Transportation or his designee;

(h)    Budget and Control Board, Division of Research and Statistics or his designee; and

(i)    State Board for Technical and Comprehensive Education."

SECTION    20.    Section 23-3-460 of the 1976 Code is 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, 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    21.    Section 24-1-280 of the 1976 Code is amended to read:

"Section 24-1-280.    An employee of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the Department Division of Mental Health in the Department of Behavioral Health Services, whose assigned work location is one of the correctional facilities of the Department of Corrections or the 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    22.    Section 24-3-110 of the 1976 Code is amended to read:

"Section 24-3-110.    The State Department of Corrections 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 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    23.    Article 19, Chapter 13, Title 24 of the 1976 Code is amended to read:

"Article 19

The Center for Alcohol and Drug Rehabilitation

Section 24-13-1910.     There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections 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 Division 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 Division 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, 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 to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Division of Alcohol and 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; and

(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.    Section 24-13-2140 of the 1976 Code is amended to read:

"Section 24-13-2140.    The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections 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 information concerning post-release job training and employment referral services and information concerning services that may be available from the Department Division of Alcohol and Other Drug Abuse Services, and the Department Division of Mental Health, both in the Department of Behavioral Health Services, and the Office of Veterans Affairs;

(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; and

(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    25.    Section 24-23-40 of the 1976 Code is amended to read:

"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 of Vocational Rehabilitation,; and the Department Division of Mental Health, and the Department Division of Alcohol and Other Drug Abuse Services, both in the Department of Behavioral Health 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; and

(4)    development of adequate training and staff development for its employees."

SECTION    26.    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 Specialties 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, South Carolina Department of Health and Environmental Control, State Department Division of Mental Health in the Department of Behavioral Health Services, and Department 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    27.    Section 40-55-90(A)(10) of the 1976 Code is amended to read:

"(10)    a South Carolina Department Division of Alcohol and Other Drug Abuse Services employee who:

(a)    holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor;

(b)    is employed in a position that is directly or indirectly funded through the South Carolina Department Division of Alcohol and Other Drug Abuse Services or its local contract providers; and

(c)    provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;"

SECTION    28.    Section 40-75-290 of the 1976 Code is amended to read:

"Section 40-75-290.    This article does not apply to:

(1)    salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local:

(a)    governmental agency;

(b)    licensed mental health or alcohol or drug abuse facility;

(c)    accredited academic institutions;

(d)    licensed, formally accredited nonprofit agencies; or

(e)    research institutions.;

(2)    persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study;

(3)    nonresidents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than five days a month, and no more than thirty days in any calendar year;

(4)    volunteers accountable to a sponsoring agency;

(5)    qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article;

(6)    a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article;

(7)    members of peer groups or self-help groups when engaging in or offering self-help assistance as part of peer support groups or self-help organizations including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services;

(8)    a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification Commission, or an International Certification Reciprocity Consortium approved certification board may perform alcohol and drug abuse counseling services if that person works under the direct supervision of a behavioral health professional who is employed in a position that is directly or indirectly funded through the South Carolina Department Division of Alcohol and Other Drug Abuse Services or its local contract provider programs; and

(9)    a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification, an International Certification Reciprocity Commission approved certification board, the American Academy of Health Care Providers in the Addictive Disorders, the National Board for Certified Counselors, Inc., or any other equivalent, nationally recognized, and South Carolina Department Division of Alcohol and Other Drug Abuse Services approved association or accrediting body that includes similar competency-based testing, supervision, education, and substantial experience may perform alcohol and drug abuse counseling services in a methadone treatment facility. Persons employed in a methadone treatment facility who lack credentialing may work under the supervision of a credentialed counselor if the person is also enrolled in, and progressing toward, a certification, as referenced in this item, and may not represent or advertise himself as a licensed professional counselor or a licensed marriage and family therapist."

SECTION    29.    Section 40-75-300 of the 1976 Code is amended to read:

"Section 40-75-300.    The board shall establish licensure for alcohol and drug counselors consistent with regulations promulgated by the department and the South Carolina Department Division of Alcohol and Other Drug Abuse Services."

SECTION    30.    Section 42-1-480 of the 1976 Code is amended to read:

"Section 42-1-480.    Any inmate of the State Department of Corrections, 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 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 for confinement. An inmate who has been sentenced to the Department of Corrections 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 for purposes of this section.

This section shall not apply to patients of the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services 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    31.    Section 43-5-1185 of the 1976 Code is amended to read:

"Section 43-5-1185.    As a condition of eligibility for Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.

This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department Division of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.

This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion."

SECTION    32.    Section 43-5-1190 of the 1976 Code is amended to read:

"Section 43-5-1190.    A Family Independence recipient who, while receiving FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing."

SECTION    33.    Section 43-21-120 of the 1976 Code is amended to read:

"Section 43-21-120.    There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department Division Chief of the Division of Mental Health in the Department of Behavioral Health Services, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services Oversight and Finance, the Director of the Department Division Chief of the Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services, and the Chairperson of the Commission on Women.

The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.

The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.

The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section."

SECTION    34.    A.        Section 43-35-10(4) of the 1976 Code is amended to read:

"(4)    'Facility' means a nursing care facility, community residential care facility, a psychiatric hospital, or a facility operated or contracted for operation by the State Department Division of Mental Health in the Department of Behavioral Health Services or the South Carolina Department of Mental Retardation Disabilities and Special Needs."

B.     Section 43-35-310(A) of the 1976 Code is amended to read:

"(A)    There is created the Adult Protection Coordinating Council under the auspices of the State Department of Health and Human Services Finance Commission Oversight and Finance and is comprised of:

(1)    one member from the institutional care service provision system or a family member of a consumer of that system and one member from the home and community-based service provision system or a family member of a consumer of that system, both of whom must be appointed by the Governor for terms of two years; and

(2)    these members who shall serve ex officio:

(a)    Attorney General or a designee;

(b)    Board of Long Term Health Care Administrators, Executive Director, or a designee;

(c)    State Board of Nursing for South Carolina, Executive Director, or a designee;

(d)    Commission on Aging, Executive Director, or a designee;

(e)    Criminal Justice Academy, Executive Director, or a designee;

(f)    South Carolina Department of Health and Environmental Control, Commissioner, or a designee;

(g)    State Department Division of Mental Health in the Department of Behavioral Health Services, Commissioner Division Chief, or a designee;

(h)    South Carolina Department of Mental Retardation Disabilities and Special Needs, Commissioner Director, or a designee;

(i)     Adult Protective Services Program, Director, or a designee;

(j)     Health and Human Services Finance Commission Oversight and Finance, Executive Director, or a designee;

(k)    Joint Legislative Committee on Aging, Chair, or a designee;

(l)     Police Chiefs' Association, President, or a designee;

(m)    Prosecution Coordination Commission, Executive Director, or a designee;

(n)    South Carolina Protection and Advocacy System for the Handicapped, Inc., Executive Director, or a designee;

(o)    South Carolina Sheriff's Association, Executive Director, or a designee;

(p)    South Carolina Law Enforcement Division, Chief, or a designee;

(q)    Long Term Care Ombudsman or a designee;

(r)    South Carolina Medical Association, Executive Director, or a designee;

(s)    South Carolina Health Care Association, Executive Director, or a designee;

(t)     South Carolina Home Care Association, Executive Director, or a designee."

SECTION    35.    Section 44-7-210(F) of the 1976 Code is amended to read:

"(F)    The department may not issue a Certificate of Need approval for a methadone treatment facility until licensure standards are promulgated by the department, in accordance with the Administrative Procedures Act, for these facilities. The department shall convene a study group to revise and propose licensure standards for methadone clinics. The study group shall consist of representatives of the department, the Department Division of Alcohol and Other Drug Abuse Services, methadone providers in South Carolina, and the Medical University of South Carolina. The licensure standards shall include standards for location of these facilities within the community. Methadone treatment facilities licensed as of January 1, 1997, must not be required to obtain a Certificate of Need pursuant to this section."

SECTION    36.    Article 21, Chapter 7, Title 44 of the 1976 Code is amended to read:

"Article 21

Infants and Toddlers with Disabilities

Section 44-7-2510.    This article may be cited as the 'Infants and Toddlers with Disabilities Act.'

Section 44-7-2515.    The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter VIII.

Section 44-7-2520.    As used in this article unless the context otherwise requires:

(1)    'Department Division of Babynet Services' or 'Division' means the Division of Babynet Services in the Department of Disabilities and Special Needs and the Department of Disabilities and Special Needs is the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated.

(2)    'Infants and toddlers with disabilities' means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(3)    'Early intervention services' are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services.

(4)    'Council' means the State Interagency Coordinating Council which must be established in conformance with federal regulations.

Section 44-7-2530.    (A) The department The Division of Babynet Services must:

(1)    monitor programs and activities to ensure compliance with federal law and regulations;

(2)    identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources;

(3)    develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers;

(4)    develop procedures to ensure resolution of intraagency and interagency disputes; and

(5)    develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes.

(B)    To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department division shall assign financial responsibility among agencies providing early intervention services.

(C)    All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.

Section 44-7-2540.    (A)    The State Interagency Coordinating Council shall advise and assist the department the Division of Babynet Services in developing a comprehensive interagency system to provide early intervention services for all eligible infants and toddlers with disabilities and their families.

(B)    The comprehensive interagency system must implement:

(1)    a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with disabilities in the State, including the needs of their families relating to enhancing the child's development;

(2)    a written individualized family service plan for each eligible infant or toddler with a disability;

(3)    a comprehensive method of identifying infants and toddlers with disabilities;

(4)    a public awareness program focusing on early identification of infants and toddlers with disabilities;

(5)    access to a central directory which includes early intervention services, resources, and experts available in the State;

(6)    a comprehensive system of personnel development for those who serve eligible infants and toddlers with disabilities;

(7)    formal interagency agreements which:

(a)    define the responsibility of each agency for providing and paying for early intervention services;

(b)    coordinate programs so as to permit children and their families to move easily among agencies in the system;

(c)    adopt uniform program, health, and safety standards; and

(d)    contain procedures for resolving disputes;

(8)    procedural safeguards as required by federal and state law; and

(9)    a method for compiling data on the number of infants and toddlers with disabilities in the State in need of early intervention services, the number served, the types of disabilities, the types of services provided, and other information required by the federal government or needed to deliver services effectively.

(C)    Early intervention services must be available through the comprehensive interagency system and provided by appropriate state agencies in accordance with time requirements of Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the individual family service plan for each eligible infant or toddler.

Section 44-7-2550.    The department Division of Babynet Services shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement, when appropriate, the department division may develop standards addressing the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.

Section 44-7-2560.    (A)    Based on the assessment provided for in Section 44-7-2540, an individualized family service plan must be developed by a multidisciplinary team of appropriate qualified personnel which also must include the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:

(1)    a statement of the present levels of physical, cognitive, psychosocial, communication, and self-help skill development for the infant or toddler with disabilities;

(2)    a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;

(3)    with concurrence of the family, a statement of the family's resources relating to enhancing the child's development;

(4)    a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;

(5)    a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services and payment arrangement, if any;

(6)    the projected dates for initiation of services and the anticipated duration of services;

(7)    the name of the service coordinator. The service coordinator is responsible for the implementation of the plan and coordination with other agencies and persons; and

(8)    the steps necessary to support transition of the child to other programs, if appropriate.

(B)    The individualized family service plan must be developed within the time established by the department Division of Babynet Services after the child initially is referred and after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan, provided an interim plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department division, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at three-month intervals or more frequently, if appropriate.

Section 44-7-2570.    (A)    Families must not be charged for early intervention services provided pursuant to this article.

(B)    Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities.

(C)    Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department Division of Babynet to the Joint Legislative Committee on Children Director of the Department of Disabilities and Special Needs on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request.

Section 44-7-2590.    All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Section 44-7-2600.    By August first of each year the department Division of Babynet shall submit an annual report to the Joint Legislative Committee on Children Director of the Department of Disabilities and Special Needs regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.

Section 44-7-2610.    (A)    County or multicounty local interagency coordinating councils (ICC) representing each county in the State must be established. Membership on each council must consist of parents, providers, local agencies, and government agencies.

(B)    The function of the local ICC will be to advise and assist the state council and the department Division of Babynet Services in planning and implementing a system of early intervention services at the local community level.

(C)    Each local ICC shall report to the state council on the status of early intervention services in its county.

(D)    With prior approval by the department division and the state council, local ICC's may enter into local interagency agreements. Local ICC's may give advice and assistance to local early intervention projects. No member of a local ICC may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state law."

SECTION    37.    Chapter 9, Title 44 of the 1976 Code is amended to read:

"CHAPTER 9

State Department Division of Mental Health

Section 44-9-10.    There is hereby created the State Department Division of Mental Health in the Department of Behavioral Health Services which shall have jurisdiction over all of the State's state's mental hospitals, clinics, and centers, joint State state and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.

Section 44-9-20.    All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department Division of Mental Health. All records, files and other papers belonging to the South Carolina Mental Health Commission shall be continued as part of the records and files of the Department Division of Mental Health.

Section 44-9-30.    (A)(1)    There is created the governing advisory board for the State Department Division of Mental Health known as the South Carolina Mental Health Commission Advisory Board. The commission advisory board consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows:

(a)    one member from each of the six congressional districts; and

(b)    one member from the State at large.

(2)    The Governor shall consider consumer and family representation when appointing members.

(B)    The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240(B). A vacancy must be filled by the Governor for the unexpired portion of the term.

(C)    The commission shall determine advisory board shall advise the division regarding policies and promulgate regulations governing the operation of the Department division and the employment of professional and staff personnel.

(D)    The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.

Section 44-9-40.    The Mental Health Commission Secretary of the Department of Behavioral Health Services shall appoint and remove a State Director of Mental Health Division Chief, who is the chief executive of the State Department Division of Mental Health. Subject to the supervision and control of the Mental Health Commission Secretary of the Department of Behavioral Health Services, the state director Division Chief shall administer the policies and regulations established by the commission of the division. The director Division Chief must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director Division Chief must appoint and remove all other officers and employees of the Department Division of Mental Health, subject to the approval of the Mental Health Commission Secretary of the Department of Behavioral Services.

Section 44-9-50.    The Department Division of Mental Health may be divided into such divisions as may be authorized by the Director of Mental Health and approved by the commission subdivision areas. These divisions subdivision areas may be headed by deputy commissioners directors, as determined by the Division Chief and approved by the Secretary of the Department of Behavioral Health Services, but any deputy commissioner director heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions program areas shall be a Division on the Alcohol and Drug Addiction Program which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions program areas shall be a Division for the Long-Term Care Program which shall have primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private.

Section 44-9-60.    The Director Division Chief of the Department Division of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission. Each superintendent shall be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the Department Division of Mental Health shall be responsible for the employment of all personnel at the institution, subject to the approval of the director of the department Division Chief of the division. The director Division Chief may serve as superintendent of one or more hospitals or other mental health facilities.

Section 44-9-70.    The State Department Division of Mental Health is hereby designated as the State's state's mental health authority for purposes of administering Federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended. The State Department Division of Mental Health is further designated as the State state agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in Federal-State federal-state grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that However, nothing in this article shall be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing Nothing herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code and amendments thereto.

Section 44-9-80.    Payments made to a mental health facility which are derived in whole or in part from Federal federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State Department Division of Mental Health to improve South Carolina's comprehensive mental health program.

Section 44-9-90.    The Commission Division of Mental Health shall have the following rights, powers and duties:

(1)    It shall form a body corporate in deed and in law with all the powers incident to corporations;

(21)    It shall cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined therein because of emergency;

(32)    It shall inaugurate and maintain an appropriate mental health education and public relations program;

(43)    It shall collect statistics bearing on mental illness, drug addiction, and alcoholism, as well as study the cause, pathology, and prevention of mental defects and diseases;

(54)    It shall provide moral and vocational training and medical and surgical treatment which will tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, mental defectiveness, epilepsy, drug addiction, and alcoholism; and

(65)    It shall encourage the superintendents of institutions and their medical staffs in the investigation and study of these subjects and of mental hygiene in general; and

(76)    It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce, and prevent mental illness and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction, and alcoholism for citizens of this State, whether or not in an institution. The system shall include services to prevent or postpone the commitment or recommitment of citizens to mental health institutions.

Section 44-9-100.    The commission Division of Mental Health may:

(1)    prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52;

(2)    require reports from the superintendent of an institution relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;

(3)    investigate complaints made by a patient or by a person on behalf of a patient;

(4)    adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, psychotic senile, drug addicted, or alcoholic; and

(5)    take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.

Section 44-9-110.    The Mental Health Commission may accept on behalf of the Department Division of Mental Health may accept on its own behalf or on behalf of any of its facilities or services, gifts, bequests, devises, grants, donations of money, or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the Department division. The Commission division may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The Commission division may promulgate rules and regulations governing the disposition of such gifts and grants.

Section 44-9-120.    With the approval of the Secretary of the Department of Behavioral Health Services, The Commission the Division of Mental Health shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its activities, the financial affairs, and the state and condition of the State state mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which in the opinion of the Commission division will improve the mental health program services of the State. A copy of the report shall also be submitted to the General Assembly.

Section 44-9-160.    Wherever in the 1976 Code reference is made to the State Hospital, it shall mean means a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean means the superintendent or his designee; wherever reference is made to the Department of Mental Health, it means the Division of Mental Health in the Department of Behavioral Health Services; and wherever reference is made to the State Commissioner of Mental Health, it shall mean means the State Director Division Chief of the Department Division of Mental Health."

SECTION    38.    Section 44-11-10 of the 1976 Code is amended to read:

"Section 44-11-10.    The following facilities shall continue in existence and shall be maintained for the following purposes:

(1)    those inpatient facilities as authorized by the Department Division of Mental Health in the Department of Behavioral Health Services and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, and facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and

(2)    the mental health clinics for the diagnosis, treatment, and prevention of mental illness."

SECTION    39.    Section 44-11-30 of the 1976 Code is amended to read:

"Section 44-11-30.    The South Carolina Division of Mental Health Commission in the Department of Behavioral Health Services, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department Division of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department division except that the patients at these facilities must be South Carolina veterans. The South Carolina Division of Mental Health Commission in the Department of Behavioral Health Services is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Division of Mental Health Commission in the Department of Behavioral Health Services shall consult with the Division of Veterans Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes. "

SECTION    40.    Section 44-11-60 of the 1976 Code is amended to read:

"Section 44-11-60.    The Division of Mental Health Commission shall establish mental health clinics throughout the State and shall supervise them."

SECTION    41.    Section 44-11-70 of the 1976 Code is amended to read:

"Section 44-11-70.    The Division of Mental Health Commission may authorize the superintendents to employ suitable persons to act as marshals to keep intruders off and prevent trespass upon state mental health facilities. The marshals employed, in so far as State state mental health facilities are concerned, shall be vested with all the powers and charged with all the duties of police officers generally. They may eject trespassers. They may without warrant arrest persons guilty of disorderly conduct or of trespass on State state mental health facilities and have them tried in any court of competent jurisdiction."

SECTION    42.    Section 44-11-80 of the 1976 Code is amended to read:

"Section 44-11-80.    The Division of Mental Health Commission shall fix the amount of the salaries or emoluments of all officers and employees of its State state mental health facilities."

SECTION    43.    Chapter 13, Title 44 of the 1976 Code is amended to read:

"CHAPTER 13

Admission, Detention and Removal of Patients at State Mental Health Facilities

Section 44-13-10.    Pending his removal to a State state mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home, or any other suitable facility under such reasonable conditions as the county governing body, supervisor, or manager may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical establishment used for the detention of individuals charged with or convicted of penal offenses. The county governing body, supervisor, or manager shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained under this section.

Section 44-13-20.    Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State state mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Department Division of Mental Health in the Department of Behavioral Health Services prior to the issuance by the Department Division of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident.

Section 44-13-30.    Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State state mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Department Division of Mental Health, and the Department Division of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Department Division of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department Division of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department Division of Mental Health shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Department Division of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.

Section 44-13-40.    If any person admitted to a State state mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Department Division of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed, and the name of the transporting company. The Department Division of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation.

Section 44-13-50.    If a mentally ill patient from an out-of-State out-of-state mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public officials and transported directly to the out-of-State out-of-state facility or may be detained in a State state mental health facility until such time as transportation arrangements can be made or the patient's health will permit his return. The state requesting the return of the patient shall pay all costs of, and incidental to, the transportation and detention of the patient.

Section 44-13-60.    The Department Division of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Department Division of Mental Health, the family, guardian, trustee, committee, or other person legally responsible for the person is financially able to provide for his care, it shall, when in the opinion of the Department Division of Mental Health this is advisable, transfer the patient or trainee to the custody of that person. If all persons legally responsible for the patient or trainee are financially unable to provide for his care, the Department Division of Mental Health shall, when practicable, transfer the custody of the person to the county health authorities of the county of which the patient or trainee was a resident prior to admittance.

Section 44-13-70.    The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52."

SECTION    44.    Chapter 15, Title 44 of the 1976 Code is amended to read:

"CHAPTER 15

Local Mental Health Programs, Boards and Centers

Section 44-15-10.    Any county, city, town, political subdivision, or any combination thereof, of over one hundred thousand population, and upon consent of the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services, any city, county, town, or political subdivision, or combination thereof, with less than one hundred thousand population, may establish a community mental health services program and may establish clinics and staff them with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a county, city, town, political subdivision, or nonprofit corporation or a community mental health board established pursuant to this article.

Section 44-15-20.    The Department Division of Mental Health may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation of local mental health programs to provide the following services:

(1)    Collaborative collaborative and cooperative services with public health, education, welfare, and other groups for programs of prevention of mental illness, mental retardation, and other psychiatric disabilities;

(2)    Informational informational and educational services to the general public and lay and professional groups;

(3)    Consultative consultative services to schools, courts, and health and welfare agencies, both public and private;

(4)    Diagnostic diagnostic and treatment services; and

(5)    After after care services for patients suffering from mental or emotional disorders, mental retardation, and other psychiatric conditions, particularly those who have received prior treatment in an in-patient facility.

Section 44-15-30.    Any county, city, town, political subdivision, nonprofit corporation, or community mental health board administering a mental health services program may apply for the assistance provided by this article by submitting annually to the Department Division of Mental Health its plan and budget for the next fiscal year together with the recommendations of the community mental health board. No program shall be eligible for such assistance unless its plan and budget have been approved by the Department division.

Section 44-15-40.    At the beginning of each fiscal year, the Department division shall allocate available funds to the mental health programs for disbursement during the fiscal year in accordance with such approved plans and budgets. The Department division shall, from time to time during the fiscal year, review the budgets and expenditures of the various programs, and if funds are not needed for a program to which they were allocated, it may, after reasonable notice and opportunity for hearing, withdraw such funds as are unencumbered and reallocate them to other programs. It may withdraw funds from any program which is not being administered in accordance with its approved plan and budget.

Section 44-15-50.    Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.

Section 44-15-60.    Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation, including parents of emotionally disturbed children and adolescents, when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department Division of Mental Health, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its population. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms.

In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

Section 44-15-70.    Subject to the provisions of this article and the rules and regulations of the Department Division of Mental Health, each community mental health board shall:

(1)    Be be the administrative agency for the community mental health services program; and it shall be a body corporate in deed and in law with all the powers incident to corporation, including the power to purchase, lease, or sell real and personal property;

(2)    Employ employ personnel necessary to carry out the community mental health services program, who shall meet the job specifications as prescribed by the Department division and its merit system;

(3)    Review review and evaluate community mental health services provided pursuant to this article and report its findings and recommendations to the Department division the administrator of the local program and, when indicated, the public;

(4)    Recruit recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies, and other lawful sources, and promote public support for municipal and county appropriations;

(5)    Promote promote, arrange, and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies;

(6)    Advise advise the administrator of the local program on the adoption and implementation of policies to stimulate effective community relations; and

(7)    Review review the annual plan and budget of the local program and make recommendations thereon.

Section 44-15-80.    In addition to the powers and duties already conferred by law, the Department Division of Mental Health shall:

(1)    Promulgate promulgate rules and regulations governing the eligibility of community mental health programs to receive State state grants, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel;

(2)    Govern govern eligibility for service so that no person will be denied service on the basis of inability to pay and so that anyone who cannot afford to pay for necessary treatment at the rate customarily charged in available private practice shall be eligible to receive services from the community mental health clinic;

(3)    Provide provide for establishment of fee schedules and reduction of balance due which shall be based upon ability to pay;

(4)    Regulate regulate fees for consultation and diagnostic services, which services may be provided to anyone without regard to his financial status when such person is referred by the courts, schools, health or welfare agencies;

(5)    Promulgate promulgate such other rules and regulations as it deems necessary to carry out the purposes of this article;

(6)    Review review and evaluate local programs and the performance of all personnel and make recommendations thereon to community mental health boards and program administrators;

(7)    Provide provide consultative staff service to communities to assist in ascertaining local needs and in planning and establishing community mental health programs; and

(8)    Employ employ personnel, certified by the merit system as classified according to existing job classifications, including a State Program Director of Community Mental Health Services, to be under the supervision of the Director Division Chief of the Department Division of Mental Health, to implement the provisions of this article.; and

(9)    Require require reports from the directors of community mental health programs relating to the intake, examination, diagnosis, and file closing of any patient or client.

Section 44-15-90.    If any balances of appropriations for the program authorized by this article are unexpended during any fiscal year, the Department division of Mental Health may carry such balances forward to the next fiscal year; provided, that not more than five percent of the amount appropriated during any fiscal year shall be carried forward."

SECTION    45.    Chapter 17, Title 44 of the 1976 Code is amended by adding:

"Section 44-17-305.    For the purposes of this Chapter chapter, 'Division of Mental Health' means the Division of Mental Health in the Department of Behavioral Health Services."

SECTION    46.    The fifth unnumbered paragraph of Section 44-17-410 of the 1976 Code is amended to read:

"If the report of the designated examiners is that the patient is not mentally ill to the extent that involuntary treatment is required and reasons have been set forth in the report, the court shall dismiss the petition and the patient must be discharged immediately by the facility unless the designated examiners report that the patient is a chemically dependent person in need of emergency commitment and that procedures have been initiated pursuant to Section 44-52-50. In which case, emergency commitment procedures must be complied with in accordance with Chapter 52, and the facility shall transfer the patient to an appropriate treatment facility as defined by Section 44-52-10, provided that confirmation has been obtained from the facility that a bed is available; transportation must be provided by the department Division of Mental Health."

SECTION    47.    Sections 44-17-450 and 14-17-460 of the 1976 Code are amended to read:

"Section 44-17-450.    The Department Division of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local resources for mentally ill persons. The preadmission screening services must act as the public mental health system's entry point in order (1) to provide to the examining physician information about accessible crisis intervention, evaluation, and referral services in the community; (2) to offer to mentally ill persons clinically appropriate alternatives to inpatient care, if any; and when necessary (3) to provide a means for involuntary commitment.

Section 44-17-460.    Prior to the emergency admission of any person to a psychiatric facility of the Department Division of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.

The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission of the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department division, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section."

SECTION    48.    Section 44-17-580(2) of the 1976 Code is amended to read:

"(2)    there is a likelihood of serious harm to himself or others, it shall order in-patient or out-patient treatment at a mental health facility, public or private, designated or licensed by the Department Division of Mental Health. If the court finds that he is not mentally ill and not in need of involuntary treatment, it shall dismiss the proceedings."

SECTION    49.    Section 44-17-860 of the 1976 Code is amended to read:

"Section 44-17-860.    It shall be is unlawful for any person, without prior authorization from the patient's attending physician, to take or cause to be taken any patient away from the grounds of any facility under the jurisdiction of the Department Division of Mental Health. Any person violating the provisions of this section shall be fined in a sum of not more than one thousand dollars or imprisoned for not exceeding one year, or both."

SECTION    50.    Section 44-17-865 of the 1976 Code is amended to read:

"Section 44-17-865.    If any person involuntarily committed to a facility under the jurisdiction of the Department Division of Mental Health is absent without proper authorization, the Department Division shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered."

SECTION    51.    Section 44-17-870 of the 1976 Code is amended to read:

"Section 44-17-870.    If a patient involuntarily committed to a facility under the jurisdiction of the State Department Division of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department division appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or Division Chief or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the department division. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department division for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the department division pursuant to Chapter 24, Title 17."

SECTION    52.    The last paragraph of Section 44-20-20 of the 1976 Code is amended to read:

"Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client."

SECTION    53.    Chapter 22, Title 44 of the 1976 Code is amended to read:

"CHAPTER 22

Rights of Mental Health Patients

Section 44-22-10.    As used in this chapter:

(1)    [Reserved]

(2)    'Director Division Chief' means the Director Division Chief of the Department Division of Mental Health.

(3)    'Court' means probate court.

(4)    'Department' 'Division' means the State Department Division of Mental Health in the Department of Behavioral Health Services.

(5)    'Facility' means a residential program operated by the Department Division.

(6)    'Independent examination' means an examination of a patient by a qualified employee of the Department Division.

(7)    'Individual plan of treatment' means a plan written by a multi-disciplinary team setting forth measurable goals and objectives in prescribing an integrated program of individual designed activities or therapies necessary to achieve the goals and objectives.

(8)    'Major medical treatment' means a medical, surgical, or diagnostic intervention or procedure where a general anesthetic is used or which involves significant invasions of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include a routine diagnosis or treatment such as the administration of medications or nutrition or the extraction of bodily fluids for analysis, dental care performed with local anesthetic, procedures which are provided under emergency circumstances, or the withdrawal or discontinuance of medical treatment which is sustaining life functions.

(9)    'Mental disability' means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable, which reasonably is expected to limit the person's functional ability.

(10)    'Multi-disciplinary team' means persons drawn from or representing the professional disciplines or service areas included in the treatment plan.

(11)    'Patient' means an individual undergoing treatment in the Department Division of Mental Health; however, the term does not include a person committed to the Department Division of Mental Health pursuant to Chapter 48 of Title 44.

(12)    'Patient unable to consent' means a patient unable to appreciate the nature and implications of his condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include a person under eighteen years of age, and this chapter does not affect the delivery of health care to that person unless he is married or has been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for his care if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to his health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration.

(13)    'Reasonably available' means that a person to be contacted may be contacted with diligent efforts by the attending physician or another person acting on behalf of the attending physician.

(14)    'Treatment' means the attempted correction or facilitation of a mental illness or alcohol and drug abuse.

Section 44-22-20.    Patients have the right to the writ of habeas corpus.

Section 44-22-30.    Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the Department Division of Mental Health pursuant to Sections 44-17-530 and 44-52-110.

Section 44-22-40.    (A)    A patient in need of electro-convulsive therapy or major medical treatment must be examined by a qualified physician to determine if the patient is able to consent to electro-convulsive therapy or major medical treatment. Where a patient is determined unable to consent to surgery or electro-convulsive therapy or major medical therapy or treatment, decisions concerning the need for treatment may be made by the following persons in the following order of priority:

(1)    a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;

(2)    an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;

(3)    a person given priority to make health care decisions for the patient by another statutory provision;

(4)    a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:

(a)    entry of a pendente lite order in a divorce or separate maintenance action;

(b)    formal signing of a written property or marital settlement agreement;

(c)    entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

(5)    a parent of the patient or child eighteen years of age or older of the patient;

(6)    a sibling or grandchild eighteen years of age or older of the patient or grandparent of the patient;

(7)    other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient;

(8)    a person given authority to make health care decisions for the patient by another statutory provision.

(B)    If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or another person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.

(C)    Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-22-10(6).

(D)    An attending physician or other health care professional responsible for the care of a patient who is unable to consent may shall not give priority or authority under subsection subsections (A)(5) through (8) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.

(E)    This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.

(F)    This section does not affect the application of the Adult Health Care Consent Act, Sections 44-66-10 through 44-66-80, to a patient in need of health care.

Section 44-22-50.    (A)    A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.

(B)    Persons who operate facilities of the Department Division of Mental Health shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The Department Division of Mental Health and the Department Division of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient.

(C)    In cases of emergency admissions, when the least restrictive setting is not available, patients must be admitted to the nearest appropriate facility until the patient may be moved to the least restrictive setting.

(D)    No patient may remain at a level of care that is more expensive and restrictive than is warranted to meet his needs when the appropriate setting is available.

(E)    Patients have a right to the least restrictive conditions necessary to achieve the purposes of treatment. The facility shall make every attempt to move residents from:

(1)    more to less structured living;

(2)    larger to smaller facilities;

(3)    larger to smaller living units;

(4)    group to individual residences;

(5)    segregated from the community to integrated into the community living; or

(6)    dependent to independent living.

Section 44-22-60.    (A)    Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility.

(B)    Within six hours of admission, a patient must be examined by a physician. Within fourteen days of admission, a patient or his parent or guardian must be provided with a written individualized plan of treatment formulated by a multi-disciplinary team and the patient's attending physician. Each patient or his parent or guardian shall participate in an appropriate manner in the planning of services. An interim treatment program based on the preadmission evaluation of the patient must be implemented promptly upon admission. An individualized treatment plan must contain:

(1)    a statement of the nature and degree of the patient's mental illness or chemical dependency and his needs;

(2)    if a physical examination has been conducted, the patient's physical condition;

(3)    a description of intermediate and long-range treatment goals and, if possible, future available services;

(4)    criteria for release to a less restrictive environment, including criteria for discharge and a description of services that may be needed after discharge; and

(5)    a statement as to whether or not the patient may be permitted outdoors on a daily basis and, if not, the reasons why. Treatment plans must be updated upon periodic review as provided in Section 44-22-70.

Section 44-22-70.    (A)    The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care facilities the plan must be reviewed every ninety days. This section does not prohibit review of the plan on a more frequent basis.

(B)    After review by the attending physician or multi-disciplinary team, if the results of the examination determine the conditions justifying confinement no longer exist, a notice of intent to discharge must be made immediately to the probate judge having jurisdiction. Notice must be given before discharge to a person who has made a written request to be notified.

(C)    For patients committed after a hearing by the probate court for the involuntary inpatient treatment for mental illness or chemical dependency, an appropriate and comprehensive discharge plan must be developed. Planning for a patient's discharge must begin within seventy-two hours of admission, must include input from the patient, and must address community treatment, financial resources, and housing. The facility and community treatment staff must be involved in developing the discharge plan. Representatives of all entities which provide services pursuant to the plan must be consulted and informed about the plan. Based on available resources, the Department Division of Mental Health shall make every effort to implement the discharge plan when the patient, in the opinion of the multi-disciplinary team, is ready for discharge.

Section 44-22-80.    Unless a patient has been adjudicated incompetent, no patient may be denied the right to:

(1)    dispose of property, real and personal;

(2)    execute instruments;

(3)    make purchases;

(4)    enter into contractual relationships;

(5)    hold a driver's license;

(6)    marry or divorce; or

(7)    be a qualified elector if otherwise qualified. The county board of voter registration in counties with Department Division of Mental Health facilities reasonably shall assist patients who express a desire to vote to:

(a)    obtain voter registration forms, applications for absentee ballots, and absentee ballots;

(b)    comply with other requirements which are prerequisite for voting; and

(c)    vote by absentee ballot if necessary.

Section 44-22-90.    (A)    Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows:

(1)    communications between facility staff so long as the information is provided on a 'need-to-know' basis;

(2)    in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness;

(3)    in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others;

(4)    information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition;

(5)    in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected;

(6)    when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure; or

(7)    as otherwise authorized or permitted to be disclosed by statute.

(B)    This does not preclude prohibit disclosure of information to the Governor's Ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.

Section 44-22-100.    (A)    Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought must be kept confidential and must not be disclosed unless:

(1)    the individual identified or his guardian consents;

(2)    a court directs that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;

(3)    disclosure is required for research conducted or authorized by the Department Division of Mental Health or the Department Division of Alcohol and Other Drug Abuse Services and with the consent of the patient;

(4)    disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family; or

(5)    disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title.

(B)    Nothing in this section:

(1)    precludes prohibits disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of his family, or the Governor's Ombudsman office; or

(2)    requires the release of records of which disclosure is prohibited or regulated by federal law.

(C)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 44-22-110.    (A)    A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.

(B)    Patients or guardians of patients may be refused access to:

(1)    information in medical records provided by a third party under assurance that the information remains confidential;

(2)    information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.

(C)    Patients and guardians denied access to medical records may appeal the refusal to the Director Division Chief of the Department Division of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.

Section 44-22-120.    (A)    Except to the extent the director of the facility determines it is required by the medical needs or safety of the patient to impose restrictions, a patient may:

(1)    communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, and envelopes must be provided. Reasonable access to telephones, including funds or means in which to use telephones, must be provided. The head of a residential program determines what constitutes reasonable access;

(2)    receive visitors, including unrestricted visits by legal counsel, private physicians, or members of the clergy or an advocate of the South Carolina Protection and Advocacy System for the Handicapped, Inc., if the visits take place at reasonable hours or by appointment, or both. Each facility must have a designated area where patients and visitors may speak privately if they desire;

(3)    wear his own clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his own money, and keep and use his own personal possessions, including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental health professional to be dangerous or otherwise inappropriate to the treatment regimen. If clothing is provided by the facility, patients may select from neat, clean, seasonal clothing that allows the patient to appear normal in the community. To the extent staff determines a patient is able and willing to care for and maintain the patient's own clothing, the patient must be assisted in maintaining this clothing during the patient's stay in the facility;

(4)    have access to secure individual storage space for his private use. Personal property of a patient brought into the hospital and placed in storage by the hospital must be inventoried. Receipts must be given to the patient and at least one other interested person. The personal property may be reclaimed only by the patient, his spouse, or his parent or guardian as long as he is living unless otherwise ordered by the court. If property belonging to a patient is not reclaimed within ninety days following the patient's discharge or death, the property may be utilized by the Department Division of Mental Health for the benefit of other patients or programs ten days after written notice is sent to the individual or the individual's family at the last known address; and

(5)    follow religious practices. Religious practices may be prohibited by the facility director if they lead to physical harm to the patient or to others, harassment of other patients, or damage to property.

(B)    All limitations imposed by the director of a residential program on the exercise of these rights by the patient and the reasons for the limitations must be made part of the clinical record of the patient. These limitations are valid for no more than thirty days.

Section 44-22-130.    Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness.

Section 44-22-140.    (A)    The attending physician or the physician on call, or both, are responsible for and shall authorize medications and treatment given or administered to a patient. The attending physician's authorization and the medical reasons for it must be entered into the patient's clinical record. The authorization is not valid for more than ninety days. Medication must not be used as punishment, for the convenience of staff, or as a substitute to or in quantities that interfere with the patient's treatment program. The patient or his legal guardian may refuse treatment not recognized as standard psychiatric treatment. He may refuse electro-convulsive therapy, aversive reinforcement conditioning, or other unusual or hazardous treatment procedures. If the attending physician or the physician on call decides electro-convulsive therapy is necessary and a statement of the reasons for electro-convulsive therapy is entered in the treatment record of a patient who is considered unable to consent pursuant to Section 44-22-10(13), permission for the treatment may be given in writing by the persons in order of priority specified in Section 44-22-40(A)(1-8).

(B)    Competent patients may shall not receive treatment or medication in the absence of their express and informed consent in writing except treatment:

(1)    during an emergency situation if the treatment is pursuant to or documented contemporaneously by written order of a physician; or

(2)    as permitted under applicable law for a person committed by a court to a treatment program or facility.

Section 44-22-150.    (A)    No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.

(B)    Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.

(C)    'Restraint' shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.

Section 44-22-160.    (A)    Each patient may refuse nontherapeutic employment within the facility. The Department Division of Mental Health shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.

(B)    Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.

Section 44-22-170.    (A)    The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.

(B)    If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.

Section 44-22-180.    Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.

Section 44-22-190.    The employment division of the South Carolina Employment Security Commission and the Department of Vocational Rehabilitation shall work with the Department Division of Mental Health in the Department of Behavioral Health Services in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.

Section 44-22-200.    The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may shall not move a patient to a more restrictive setting without court approval.

Section 44-22-210.    (A)    The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.

(B)    The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.

Section 44-22-220.    (A)    The Department Division of Mental Health shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be turned over to the Division of Quality Assurance-Standards, Advocacy, and Monitoring of the Department Division of Mental Health for review. A copy of the written grievance must be forwarded to the Client Advocacy Program and the South Carolina Protection and Advocacy System for the Handicapped, Inc.

(B)    The division shall promulgate procedures with time lines to process expeditiously the grievances. The procedures must be made known to patients.

(C)    A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. A person acting in good faith, either upon actual knowledge or information thought to be reliable, is exempt from the criminal provisions of this section."

SECTION    54.    Chapter 23, Title 44 of the 1976 Code is amended to read:

"CHAPTER 23

Provisions Applicable to Both Mentally Ill

and Mentally Retarded Persons

Article 1

Definitions and General Matter

Section 44-23-10.    When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7 and 9 of Chapter 17, and Chapter 27, the following terms shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:

(1)    'Mentally ill person' means a person afflicted with a mental disease to such an extent that, for his own welfare or the welfare of others or of the community, he requires care, treatment or hospitalization;.

(2)    'Likelihood of serious harm' means because of mental illness there is: (1) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or (3) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person's judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community;.

(3)    'Patient' means any person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, or any person for whom such hospitalization or treatment is sought;.

(4)    'Officer of the peace' means any State state, county or city police officer, officer of the State Highway Patrol, sheriff or deputy sheriff;.

(5)    'Licensed physician' means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of his official duties;.

(6)    'Nonresident licensed physician' means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing his official duties in such state;.

(7)    'Designated examiner' means a physician duly licensed by the Board of Medical Examiners of this State or a person registered by the Commission Division of Mental Health as specially qualified, under standards established by it, in the diagnosis of mental or related illnesses;.

(8)    'Superintendent or Director' means the chief executive officer of any mental health facility or hospital receiving patients under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, or a physician appointed as the designee of such superintendent;.

(9)    'Director Division Chief' means the Director Division Chief of the Department Division of Mental Health;.

(10)    'Department Division' means the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services.;

(11)    'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and counseling, which may be extended to a patient;.

(12)    'Discharge' means an absolute release or dismissal from an institution;.

(13)    'Leave of absence' means a qualified release from an institution;.

(14)    'State mental health facility' or 'facility' means any hospital, clinic, or other institution maintained by the State for the care and treatment of persons who have psychiatric illness;.

(15)    'Hospital' means a public or private hospital;.

(16)    'Mental health clinic' means any institution, or part thereof, maintained by the State for the diagnosis, treatment and care on an outpatient basis;.

(17)    'State hospital' means a hospital, or part thereof, equipped to provide inpatient care and treatment and maintained by the State;.

(18)    'Parent' means natural parent, adoptive parent, stepparent, or person with legal custody;.

(19)    'Guardian' or 'legal guardian' means a person who legally has the care and management of the person of one who is not sui juris;.

(20)    'Nearest friend' means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability;.

(21)    'Interested person' means a parent, guardian, spouse, adult next of kin, or nearest friend;.

(22)    'Attending physician' means the staff physician charged with primary responsibility for the treatment of a patient;.

(23)    'Conservator' means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent;.

(24)    'Observation' means diagnostic evaluation, medical, psychiatric, and psychological examination and care of a person for the purpose of determining his mental condition;.

(25)    'Mentally retarded person' means any person, other than a mentally ill person primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for his benefit, or that of the public, special training, education, supervision, treatment, care, or control in his home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs;.

(26)    'State of citizenship' means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence therefrom and of time spent in service in any of the Armed Forces of the United States; the residence of a person shall be determined by the actual physical presence, not by the expressed intent of such person.

Section 44-23-20.    The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying do not apply to Whitten Center.

Section 44-23-30.    A nonresident licensed physician may examine a patient who is institutionalized or is temporarily visiting or residing in another state but whose domiciliary residence is in a particular county in this State.

Section 44-23-40.    Any person affected by the rules and regulations of the Department Division of Mental Health adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record.

Article 3

Detention, Confinement and Transfer of Confined Persons

Section 44-23-210.    A person confined in a state institution or a person confined in a state or private mental health or mental retardation facility may be transferred to another mental health or mental retardation facility if:

(1)    the superintendent of a state institution not under the jurisdiction of the Department Division of Mental Health or the director of a treatment facility under the jurisdiction of the Department Division of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of being mentally ill. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person is mentally ill, the director shall notify the superintendent of the institution or the director of the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;

(2)    the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department Division of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents or spouse or, if none be known, to the patient's nearest known relative or friend. This section may shall not be construed to apply to transfers of a patient within a mental health facility; or

(3)    the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one facility to another and the reasons for desiring the transfer to the Department Division of Mental Health and unless the Department Division of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs.

Section 44-23-220.    No person who is mentally ill or mentally retarded shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department Division of Mental Health or the Department of Disabilities and Special Needs, or both, and if in their opinion admission to a mental health or retardation facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or retardation facility.

Section 44-23-240.    Any person who wilfully causes, or conspires with or assists another to cause the unwarranted confinement of any individual under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 or Chapter 27, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding one year, or both.

Section 44-23-250.    Whenever reference is made requiring the signature of the superintendent of any institution, it shall mean the superintendent or his designee.

Article 5

Fitness to Stand Trial

Section 44-23-410.    Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:

(1)    order examination of the person by two examiners designated by the Department Division of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability; the examination must be made within fifteen days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or

(2)    order the person committed for examination and observation to an appropriate facility of the Department Division of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department Division of Mental Health find indications of mental retardation or a related disability but not mental illness, the department Division of Mental Health shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department Division of Mental Health. If either the Department Division of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department Division of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity.

Section 44-23-420.    Within five days of examination under Section 44-23-410(1) or at the conclusion of the observation period under Section 44-23-410(2), the designated examiners shall make a written report to the court which shall include:

(1)    A a diagnosis of the person's mental condition,; and

(2)    Clinical clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

Section 44-23-430.    Upon receiving the report of the designated examiners, the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:

(1)    The the person is fit to stand trial, it shall order the criminal proceedings resumed; or

(2)    The the person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty days during which time the court shall order him hospitalized; or

(3)    The the person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him hospitalized for an additional sixty days. If the person is found to be unfit at the conclusion of the additional period the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of Chapter 21 of this title within fourteen days during which time the person shall remain hospitalized.

Subject to the provisions of Section 44-23-460, patients against whom criminal charges are pending shall have all the rights and privileges of other involuntarily hospitalized patients.

Persons against whom criminal charges are pending but who are not ordered hospitalized following judicial admission proceedings shall be released.

Section 44-23-440.    A finding of unfitness to stand trial under Section 44-23-430 does not preclude prohibit any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.

Section 44-23-450.    A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.

Section 44-23-460.    When the superintendent of a hospital or mental retardation facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel.:

(1)    If if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and

(2)    If if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or

(3)    The the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.

Article 11

Treatment, Rights, Privileges and Expenses of Patients Generally

Section 44-23-1080.    No patient or prisoner under the jurisdiction of the South Carolina Department Division of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department Division of Mental Health access to these items or who attempts to furnish these items to patients or prisoners of the department Division of Mental Health is guilty:

(1)    in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and

(2)    in the case of firearms or dangerous weapons, of a felony and, upon conviction, must 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 44-23-1100.    Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.

Section 44-23-1110.    The Department Division of Mental Health shall establish the charges for maintenance and medical care for patients, other than beneficiary, of State state mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the Department Division of Mental Health considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.

Section 44-23-1120.    Upon the death of a person who is or has been a patient or trainee of a State state mental health facility the executor or administrator and the judge of probate shall notify the Department Division of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department Division of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department Division of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.

Section 44-23-1130.    The Department Division of Mental Health shall make investigations and ascertain which of the patients or trainees of State state mental health facilities or which of the parents, guardians, trustees, committees, or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Department Division of Mental Health may require any county or State state agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid, the Department Division of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost.

Section 44-23-1140.    There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State state mental health facility, to the extent of the total expense to the State in providing the care, training, or treatment. The Department Division of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead.

Section 44-23-1150.    (A)    As used in this section:

(1)    'Actor' means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.

(2)    'Victim' means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.

(B)    An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.

(C)(1)    When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction, must be imprisoned for not more than ten years.

(2)    When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct, second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the 'intimate parts', as defined in Section 16-3-651(d), of another person's body, or to the fondling of the 'intimate parts' of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.

(D)    A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year.

(E)    A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more then five hundred dollars or imprisoned for not more than six months, or both."

SECTION    55.    Sections 44-27-10 and 44-27-30 of the 1976 Code are amended to read:

"Section 44-27-10.    When the individual is admitted to any institution operated by any agency of the United States within or without this State, he shall be subject to the rules and regulations of the agency. The superintendent of any institution operated by the agency and in which the individual is confined shall, with respect to the individual, be vested with the same powers as the superintendents of institutions or the Department Division of Mental Health in the Department of Behavioral Health Services within this State with respect to detention, custody, transfer, conditional discharge, or discharge of patients.

Section 44-27-30.    Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual confined pursuant to law in any State state mental health facility and that such individual is eligible for care or treatment in an institution of the agency, the Department Division of Mental Health in the Department of Behavioral Health Services may cause his transfer to the agency of the United States for confinement. Upon effecting the transfer, the court ordering confinement, the legal guardian, spouse and parents or, if none be known, his nearest known relative or friend shall be notified thereof immediately by the Department Division of Mental Health in the Department of Behavioral Health Services. No person shall be transferred to an agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court originally ordering his confinement shall enter an order for transfer after appropriate motion and hearing. Any person transferred as provided in this section to an agency of the United States shall be deemed to be confined by the agency pursuant to the original order of confinement."

SECTION    56.    Section 44-28-20 of the 1976 Code is amended to read:

"Section 44-28-20.    For the purpose of this chapter `a self-sufficiency trust' means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the South Carolina Department of Disabilities and Special Needs, State Department Division of Mental Health in the Department of Behavioral Health Services, or the State Agency of Vocational Rehabilitation."

SECTION    57.    Section 44-28-40 of the 1976 Code is amended to read:

"Section 44-28-40.    (A) The South Carolina Department of Disabilities and Special Needs, State Department Division of Mental Health, or the State Agency of Vocational Rehabilitation must provide care or treatment for a beneficiary from monies available from the beneficiary's account maintained in the Self-Sufficiency Trust Fund.

(B)    Upon proper certification by the South Carolina Department of Disabilities and Special Needs, the State Department Division of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section."

SECTION    58.    Section 44-28-60 of the 1976 Code is amended to read:

"Section 44-28-60.    Money not usable for supplemental care and treatment to be returned to depositing trust; interest. If the State Treasurer, after consultation with the South Carolina Department of Disabilities and Special Needs, the State Department Division of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund."

SECTION    59.    Section 44-28-80 of the 1976 Code is amended to read:

"Section 44-28-80.    The South Carolina Department of Disabilities and Special Needs, the State Department Division of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Self-Sufficiency Trust Fund."

SECTION    60.    Section 44-28-360 of the 1976 Code is amended to read:

"Section 44-28-360.    The South Carolina Department of Disabilities and Special Needs, State Department Division of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria."

SECTION    61.    Section 44-28-370 of the 1976 Code is amended to read:

"Section 44-28-370.    The South Carolina Department of Disabilities and Special Needs, the State Department Division of Mental Health, and the State Department of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund."

SECTION    62.    Section 44-36-20(A) of the 1976 Code is amended to read:

"(A)    The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, a representative of:

(1)    South Carolina Alzheimer's Association chapters;

(2)    American Association of Retired Persons, South Carolina Chapters;

(3)    Clemson University;

(4)    Department of Disabilities and Special Needs;

(5)    Department of Health and Environmental Control;

(6)    Department Division of Mental Health in the Department of Behavioral Health Services;

(7)    Department of Social Services;

(8)    Department of Health and Human Services Oversight and Finance;

(9)    Medical University of South Carolina;

(10)    National Association of Social Workers, South Carolina Chapter;

(11)    South Carolina Adult Day Care Association;

(12)    South Carolina Association of Area Agencies on Aging;

(13)    South Carolina Association of Council on Aging Directors;

(14)    South Carolina Association of Nonprofit Homes for the Aging;

(15)    South Carolina Association of Residential Care Homes;

(16)    South Carolina Health Care Association;

(17)    South Carolina Home Care Association;

(18)    South Carolina Hospital Association;

(19)    South Carolina Medical Association;

(20)    South Carolina Nurses' Association;

(21)    Alzheimer's Disease and Related Disorders Resource Coordination Center, Office of the Governor, Division on Aging;

(22)    University of South Carolina; and

(23)    South Carolina State University."

SECTION    63.    Section 44-36-330(A) of the 1976 Code is amended to read:

"(A)    The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Governor including, but not limited to, representatives of:

(1)    Alzheimer's Association Chapters;

(2)    American Association of Retired Persons;

(3)    Clemson University;

(4)    Department of Disabilities and Special Needs;

(5)    Department of Health and Environmental Control;

(6)    Department Division of Mental Health in the Department of Behavioral Health Services;

(7)    Department of Social Services;

(8)    Department of Health and Human Services Oversight and Finance.;

(9)    Medical University of South Carolina;

(10)    National Association of Social Workers, South Carolina Chapter;

(11)    South Carolina Adult Day Care Association;

(12)    South Carolina Association of Area Agencies on Aging;

(13)    South Carolina Association of Council on Aging Directors;

(14)    South Carolina Association of Nonprofit Homes for the Aging;

(15)    South Carolina Association of Residential Care Homes;

(16)    South Carolina Health Care Association;

(17)    South Carolina Home Care Association;

(18)    South Carolina Hospital Association;

(19)    South Carolina Medical Association;

(20)    South Carolina Nurses' Association;

(21)    Statewide Alzheimer's Disease and Related Disorders Registry;

(22)    University of South Carolina; and

(23)    South Carolina State University."

SECTION    64.    Section 44-37-40(G) of the 1976 Code is amended to read:

"(G)    The department and the Department of Health and Human Services Oversight and Finance shall establish procedures for providing reimbursement for expenses incurred by entities providing newborn hearing screenings under this section."

SECTION    65.    Section 44-38-380(A)(1) of the 1976 Code is amended to read:

"(1)    the following members or a designee, who shall serve ex officio:

(a)    Chairperson for the Joint Legislative Committee for the Disabled;

(b)    Director of the State Department of Disabilities and Special Needs;

(c)    Commissioner of the State Agency for Vocational Rehabilitation;

(d)    Director of the University Affiliated Program of the University of South Carolina;

(e)    Director of the South Carolina Developmental Disabilities Council;

(f)    Director of Special Education of the State Department of Education;

(g)    Director of the Interagency Office of Disability Prevention;

(h)    Director Division Chief of the Continuum of Care for Emotionally Disturbed Children Division of the Governor's Office Division in the Department of Behavioral Health Services;

(i)        Executive Director of the South Carolina Health and Human Services Finance Commission Oversight and Finance;

(j)        Director of the State Department Division Chief of the Division of Mental Health in the Department of Behavioral Health Services;

(k)    Commissioner of the South Carolina Department of Health and Environmental Control; and

(l)        Commissioner of the South Carolina Commission for the Blind;"

SECTION    66.    Section 44-48-30(5) of the 1976 Code is amended to read:

"(5)    'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department Division of Mental Health."

SECTION    67.    Section 44-48-30(11) of the 1976 Code is amended by adding at the end:

"(11)    'Division' means the Division of Mental Health in the Department of Behavioral Health Services."

SECTION    68.    Section 44-48-50 of the 1976 Code is amended to read:

"Section 44-48-50.    The Director of the Department of Corrections 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;

(2)    a representative from the Department of Probation, Parole and Pardon Services;

(3)    a representative from the Department Division of Mental Health in the Department of Behavioral Health Services of who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4)    a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

(5)    the Chief Attorney of the Office of Appellate Defense or his designee.

The Director of the Department of Corrections or his designee shall be the chairman of the team."

SECTION    69.    Section 44-48-100 of the 1976 Code is amended to read:

"Section 44-48-100.    (A)    The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department Division of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department Division of Mental Health. At all times, a person committed for control, care, and treatment by the Department Division of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department Division of Mental Health. The Department Division of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department Division of Mental Health pending his appeal.

(B)    If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter."

SECTION    70.    Sections 44-48-110, 44-48-120, and 44-48-130 of the 1976 Code are amended to read:

"Section 44-48-110.    A person committed pursuant to this chapter shall have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall conduct an annual hearing to review the status of the committed person. The committed person shall not be prohibited from petitioning the court for release at this hearing. The Director Division Chief of the Department Division of Mental Health shall provide the committed person with an annual written notice of the person's right to petition the court for release over the director's Division Chief's objection; the notice shall contain a waiver of rights. The director Division Chief shall forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General shall represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.

Section 44-48-120.    If the Director Division Chief of the Department Division of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director Division Chief shall authorize the person to petition the court for release. The petition shall be served upon the court and the Attorney General. The court, upon receipt of the petition for release, shall order a hearing within thirty days. The Attorney General shall represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.

Section 44-48-130.    Nothing in this chapter shall prohibit a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director Division Chief of the Department Division of Mental Health and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large and, if released, would commit acts of sexual violence, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's Division Chief's approval, the court shall, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall deny the petition without a hearing."

SECTION    71.    Chapter 49, Title 44 of the 1976 Code is amended to read:

"CHAPTER 49

Department Division of Alcohol and Other Drug Abuse Services

Section 44-49-10.    (A)    There is established the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services. The department division shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse and shall have full authority for formulating, coordinating, and administering the state plans for controlling narcotics and controlled substances and alcohol abuse.

(B)    All functions, powers, and duties of the commissioner of the narcotics and controlled substances section of the State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department division, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.

(C)    All rules and regulations promulgated by the commissioner of narcotics and controlled substances shall remain in effect until changed by the department.

(D)    The department division is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).

(E)    The department division is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department division to agencies designated under Section 61-12-20(a).

Section 44-49-20.    The Department Division of Alcohol and Other Drug Abuse Services shall be headed by a Director Division Chief appointed by the Governor, upon the advice and consent of the Senate Secretary of the Department of Behavioral Health Services. The director Division Chief is subject to removal by the Governor pursuant to the provisions of Section 1-3-240 secretary.

Section 44-49-40.    (A)    The department Division of Alcohol and Other Drug Abuse Services shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.

(B)    Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such department, may be relied upon and acted upon by the department division in conformance with its administration and coordinating duties under this Chapter chapter and Article 3 of Chapter 53.

(C)(1)    The department division shall:

(1)    Plan plan, coordinate, and cooperate in educational programs for schools, communities and general public designed to prevent and deter misuse and abuse of controlled substances;

(2)    Promote promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(3)    Assist assist the regulated industry, interested groups, and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(4)    Consult consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(5)    Evaluate evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(6)    Disseminate disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;

(7)    Assist assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances;

(8)    Encourage encourage research on misuse and abuse of controlled substances;

(9)    Cooperate cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;

(10)    Cooperate cooperate in making studies and in undertaking programs of research to:

(a)    Develop develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40 and 44-49-50 and Article 3 of Chapter 53;

(b)    Determine determine patterns of misuse and abuse of controlled substances and the social effects thereof; and

(c)    Improve improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances.

(D)    The department division may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.

(E)    The department division may enter into contracts for educational and research activities without performance bonds.

(F)    The department division is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department division. The department division is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.

Section 44-49-50.    It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department Division of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.

Section 44-49-60.    The department Division of Alcohol and Other Drug Abuse Services shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem.

In carrying out the provisions of this section the department division and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department Division of Mental Health in the Department of Behavioral Health Services, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.

Section 44-49-70.    The department Division of Alcohol and Other Drug Abuse Services shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.

Section 44-49-80.    The department Division of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department division shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Alcohol and Other Drug Abuse Services division from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct."

SECTION    72.    Sections 44-52-10(4) and (9) of the 1976 Code are amended to read:

"(4)    'Treatment facility' means any facility licensed or approved by the Department of Health and Environmental Control equipped to provide for the care and treatment of chemically dependent persons including the Division subdivision of Alcohol and Drug Addiction Services of the South Carolina Department Division of Mental Health, and any other treatment facility approved by the Director of the Department Division of Mental Health.

(9)    'Division' 'Subdivision' means the Division Subdivision of Alcohol and Drug Addiction Services of the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services."

SECTION    73.    Section 44-52-165(A) of the 1976 Code is amended to read:

"(A)    It is unlawful for a patient receiving inpatient services in a program under the jurisdiction of the division in a treatment facility operated by the South Carolina Department Division of Mental Health to possess alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. A patient who violates the provisions of this section while in a treatment facility is guilty, in the case of:

(1)    alcoholic beverages, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days;

(2)    controlled substances, of a misdemeanor and, upon conviction, must be punished in accordance with Section 44-53-370; or

(3)    firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both."

SECTION    74.    Section 44-52-200 of the 1976 Code is amended to read:

"Section 44-52-200.    The State Department Division of Mental Health in the Department of Behavioral Services may prescribe the form of applications, reports, records, and medical certificates provided for under this chapter, and the information required to be contained; require reports from the head of any treatment facility relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each facility regularly; review the admission procedures of all new patients admitted between visits; provide care and treatment for involuntary admissions of chemically dependent persons; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt regulations not inconsistent with the provisions of this chapter which it finds to be reasonably necessary for proper and efficient hospitalization and care of chemically dependent persons."

SECTION    75.    The definition of 'Commission' in Section 44-53-110 of the 1976 Code is amended to read:

"'Commission Division' means the South Carolina Commission on Division of Alcohol and Drug Abuse in the Department of Behavioral Health Services."

SECTION    76.    Section 44-53-310(b) of the 1976 Code is amended to read:

"(b)    The department may place a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department Division of Mental Health in the Department of Behavioral Health Services to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."

SECTION    77.    Section 44-53-450(a) of the 1976 Code is amended to read:

"(a)    Whenever any person who has not previously been convicted of any offense under this article or any offense under any State or Federal statute relating to marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under Section 44-53-370 (c) and (d), except narcotic drugs classified in Schedule I (b) and (c) and narcotic drugs classified in Schedule II, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that such person cooperate in a treatment and rehabilitation program of a State-supported state-supported facility or a facility approved by the Commission Division of Alcohol and Other Drug Abuse Services, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record shall be forwarded to and retained by the Department of Narcotic and Dangerous Drugs under the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this article. Discharge and dismissal under this section may occur only once with respect to any person."

SECTION    78.    Section 44-53-480(a) of the 1976 Code is amended to read:

"(a)    The South Carolina Law Enforcement Division shall establish within its Division division a Department of Narcotics and Dangerous Drugs, which shall be administered by a director and shall be primarily responsible for the enforcement of all laws pertaining to illicit traffic in controlled and counterfeit substances. The Department of Narcotics and Dangerous Drugs, in discharging its responsibilities concerning illicit traffic in narcotics and dangerous substances and in suppressing the abuse of controlled substances, shall enforce the State plan formulated in cooperation with the Narcotics and Controlled Substance Section as such plan relates to illicit traffic in controlled and counterfeit substances.

As part of its duties the Department of Narcotics and Dangerous Drugs shall:

(1)    Assist assist the Commission on Division of Alcohol and Other Drug Abuse Services in the exchange of information between itself and governmental and local law-enforcement officials concerning illicit traffic in and use and abuse of controlled substances.;

(2)    Assist assist the Commission Division of Alcohol and Other Drug Abuse Services in planning and coordinating training programs on law enforcement for controlled substances at the local and State level.;

(3)    Establish establish a centralized unit which shall accept, catalogue, file and collect statistics and make such information available for Federal, State state, and local law-enforcement purposes.; and

(4)    Have have the authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses."

SECTION    79.    Section 44-53-490 of the 1976 Code is amended to read:

"Section 44-53-490.    The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such inspectors shall, from time to time, but no less than once every three years, inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the department and a copy to the Commission on Division of Alcohol and Other Drug Abuse Services specifying the name of the practitioner or the registrant or such exempt persons inspected, the date of inspection and any other violations of this article. The department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the department by this article."

SECTION    80.    Section 44-53-500(b) of the 1976 Code is amended to read:

"(b)    The Department of Health and Environmental Control is authorized to make administrative inspections of controlled premises in accordance with the following provisions:

(1)    For the purposes of this article only, 'controlled premises' means:

(a)    Places places where persons registered or exempted from registration requirements under this article are required to keep records,; and

(b)    Places places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this article are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.

(2)    When so authorized by an administrative inspection warrant issued pursuant to this section, an officer or employee designated by the Commission on Division of Alcohol and Other Drug Abuse Services, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

(3)    When so authorized by an administrative inspection warrant, an officer or employee designated by the department may:

(a)    Inspect inspect and copy records required by this article to be kept;

(b)    Inspect inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein including records, files, papers, processes, controls, and facilities bearing on violation of this article; and

(c)    Inventory inventory any stock of any controlled substance therein and obtain samples of any such substance.

(4)    This section shall not be construed to prevent entries and administrative inspections (including seizures of property) without a warrant:

(a)    With with the consent of the owner, operator or agent in charge of the controlled premises;

(b)    In in situations presenting imminent danger to health or safety;

(c)    In in situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(d)    In in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and

(e)    In in all other situations where a warrant is not constitutionally required.

(5)    Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:

(a)    Financial financial data;

(b)    Sales sales data other than shipment data;

(c)    Pricing pricing data;

(d)    Personnel personnel data; or

(e)    Research research data."

SECTION    81.    Section 44-107-80 of the 1976 Code is amended to read:

"Section 44-107-80.    Upon request, the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the department."

SECTION    82.    Section 44-128-50 of the 1976 Code is amended to read:

"Section 44-128-50.    (A)    There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department in the development, implementation, and evaluation of the State Youth Smoking Plan.

(B)    Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows:

(1)    two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;

(2)    two members appointed by the President Pro Tempore of the Senate from the membership of the Senate; and

(3)    eleven members appointed by the Governor as follows:

(a)    one representative of the Department of Health and Environmental Control;

(b)    one representative of the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services;

(c)    three health professionals;

(d)    two youths between the ages of twelve and eighteen; and

(e)    five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise."

SECTION    83.    Section 50-21-112(C) of the 1976 Code is amended to read:

"(C)    Any person convicted of operating a water device in violation of subsection (A), in addition to any other penalties, must be prohibited by the department from operating any water device within this State for six months for the first conviction, one year for the second conviction, and two years for the third conviction. Only those violations, which occurred within ten years including and immediately preceding the date of the last violation, shall constitute prior violations within the meaning of this section.

A person whose privilege is suspended under the provisions of this section must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department Division of Alcohol and Other Drug Abuse Services prior to reinstatement of the privilege. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of privileges to the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. The Department Division of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost of services must be within the limits set forth in Section 56-5-2990(C). No applicant may be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program and if further needed by the Department Division of Alcohol and Other Drug Abuse Services.

The department and the Department Division of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to reinstating the privilege, or otherwise. The procedures must be consistent with the confidentiality laws of this State and the United States.

A person convicted under this section, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. The person's privilege to operate a water device within this State shall be suspended until successful completion of the required program."

SECTION    84.    Section 56-1-385(A)(3) of the 1976 Code is amended to read:

"(3)    the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department Division of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and"

SECTION    85.    Section 56-1-1330 of the 1976 Code is amended to read:

"Section 56-1-1330.    The provisional driver's license provision must include a mandatory requirement that the applicant enroll in an Alcohol and Drug Safety Action Program certified by the Department Division of Alcohol and Other Drug Abuse Services and successfully complete services pursuant to the requirements specified in Section 56-5-2990. If the applicant fails to complete successfully the services as directed by the Alcohol and Drug Safety Action Program, the Department Division of Alcohol and Other Drug Abuse Services shall notify the department, the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full period specified in Section 56-5-2990, which shall begin on date of notification to the individual."

SECTION    86.    Section 56-5-2990 of the 1976 Code is amended to read:

"Section 56-5-2990.    (A)    The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.

(B)    A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment.

(C)    The Department Division of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may shall not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. No applicant may be denied services due to an inability to pay. Inability to pay for services may shall not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant has successfully completed services. The Department Division of Alcohol and Other Drug Abuse Services will report annually to the House Ways and Means Committee and Senate Finance Committee on the number of first and multiple offenders completing the Alcohol and Drug Safety Action Program, the amount of fees collected and expenses incurred by each Alcohol and Drug Safety Action Program, and the number of community service hours performed in lieu of payment.

(D)    If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department Division of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may shall not be endangered.

(E)    The department and the Department Division of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. If the drivers license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.

(F)    Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."

SECTION    87.    Section 56-21-70 of the 1976 Code is amended to read:

"Section 56-21-70.    The South Carolina Department Division of Mental Health in the Department of Behavioral Health Services may adopt and promulgate rules and regulations governing and controlling use of the roads, streets, and parking facilities by operators of vehicles within the area and lands of the State Hospital and Midlands Center. No such These rules and regulations shall must not be in conflict with any state law on the subject, all of such these state laws being hereby declared in force and applicable to the roads, streets, and parking facilities under the control and authority of the Department division. Copies of the rules and regulations shall must be filed with the administrative heads of both institutions, the Secretary of State, the Code Commissioner, the city City of Columbia and the magistrate's office in upper township in Richland County."

SECTION    88.    Section 59-20-41 of the 1976 Code is amended to read:

"Section 59-20-41.    Notwithstanding any other provision of law: All, all school districts providing educational services to children admitted or committed to residential institutions of the Department Division of Mental Health are authorized to count children admitted or committed to residential institutions of the Department Division of Mental Health from the first day of residency in such institutions, provided, that the first day is within the particular district's school year. The inclusion of these children is for the purpose of participation in the districts' educational programs for handicapped children supported under the Education Finance Act of South Carolina."

SECTION    89.    Section 59-36-20 of the 1976 Code is amended to read:

"Section 59-36-20.     The State Board of Education and the State Department of Education are responsible for establishing a comprehensive system of special education and related services and for ensuring that the requirements of the Federal Individuals with Disabilities Education Act are carried out. Other state agencies which provide services for children with disabilities are directed to cooperate in the establishment and support of the system. Agencies with responsibilities under this chapter include: the Department of Mental Retardation Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department Division of Mental Health in the Department of Behavioral Health Services, the State Department of Social Services, the Division of the Continuum of Care in the Department of Behavioral Health Services, and the State Department of Education.

All public education programs for children with disabilities within the State, including all programs administered by any other state or local agency, are under the general supervision of the persons responsible for education programs for children with disabilities in the State Department of Education and must meet the standards of the State Board of Education.

No provision of this section or of this chapter may be construed to limit the responsibilities of agencies other than the Department of Education from providing or paying for some or all of the cost of services to be provided the state's children with disabilities and the level of service must, at a minimum, be similar to that provided individuals with similar needs. If agencies are unable to agree on responsibilities for a particular child, the issue must be decided by the Children's Case Resolution System, Section 20-7-5210, et seq."

SECTION    90.    Section 59-150-230(I) of the 1976 Code is amended to read:

"(I)    Unclaimed prize money must be deposited in the Education Lottery Account each year. A portion of the unclaimed prize money, in an amount to be determined by the General Assembly in its annual general appropriations bill and other bills appropriating monies for previous or current fiscal years, must be allocated to the Department of Education for the purchase of new school buses. A portion, in an amount to be determined by the General Assembly, of the unclaimed prize money in the Education Lottery Account, must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years to the South Carolina Department Division of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department Division of Alcohol and Other Drug Abuse Services for the treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline. Semi-annually, the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports."

SECTION    91.    Section 61-12-20 of the 1976 Code is amended to read:

"Section 61-12-20.    Before the use of the revenue described in Section 61-12-10, the governing body of each county must:

(a)    designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by the revenue described in Section 61-12-10 or create a new agency for that purpose; and

(b)    develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the Department Division of Alcohol and Other Drug Abuse Services. Written approval must be given by the Department Division of Alcohol and Other Drug Abuse Services if the plan is reasonable. If approval is denied, the county may appeal to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers the nonapproval of the plan by the Department Division of Alcohol and Other Drug Abuse Services to be unreasonable, he must communicate his reasons to the Department Division of Alcohol and Other Drug Abuse Services and require it to reexamine the plan in light of his objections. Following the reexamination, no further appeal may be taken."

SECTION    92.    Section 61-12-50 of the 1976 Code is amended to read:

"Section 61-12-50.    Each county governing body must:

(a)    establish methods of administration necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the Department Division of Alcohol and Other Drug Abuse Services; and

(b)    provide for accounting procedures necessary to assure proper disbursement of and accounting for the funds, including an annual audit of fiscal records, a copy of which must be furnished to the Department Division of Alcohol and Other Drug Abuse Services."

SECTION    93.    Section 62-5-105 of the 1976 Code is amended to read:

"Section 62-5-105.    If a patient of a state mental health facility has no legally appointed conservator, the Director of the Department Division Chief of the Division of Mental Health or his designee may receive and accept for the use and benefit of that patient a sum of money, not in excess of the sum of ten thousand dollars in one calendar year, which may be due the patient or trainee by inheritance, gift, pension, or otherwise. The director or his designee may act as conservator for the patient and his endorsement or receipt discharges the obligor for the sum received. Upon receipt of these funds the director or his designee shall use it for the proper maintenance, use, and benefit of the patient or as much of the fund as may be necessary for these purposes. In the event the patient dies leaving an unexpended balance of these funds in the hands of the director or his designee, he shall apply the balance first to the funeral expenses of the patient or trainee, and any balance remaining must be held by the director or his designee for a period of six months, and if he is not within this period, contacted by the personal representative of the deceased patient, the balance in the personal fund account must be applied to the maintenance and medical care account of the deceased patient."

Subpart 2

SECTION    1.    The Code Commissioner is directed to change or correct all references to the Department of Alcohol and other Drug Abuse Services, the Continuum of Care, and the Department of Mental Health in the 1976 Code to reflect the transfer of these departments and programs to divisions of the Department of Behavioral Health Services and the transfer of the Babynet Services program to the Department of Disabilities and Special Needs. References to the names of these transferred departments in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references.

SECTION    2.    Unless otherwise provided in this part, the provisions of this part take effect on July 1, 2006.

PART V

Department of Health Oversight and Finance

SECTION    1.    Section 9-1-1870 of the 1976 Code is amended to read:

"Section 9-1-1870.    Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home care as of June thirtieth of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health and Human Services Oversight and Finance, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this section."

SECTION    2.    Section 9-11-315 of the 1976 Code is amended to read:

"Section 9-11-315.    Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the Police Officers Retirement System receiving Medicaid (Title XIX) sponsored nursing home care as of June thirtieth of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health and Human Services Oversight and Finance, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this section."

SECTION    3.    Section 11-7-40 of the 1976 Code is amended to read:

"Section 11-7-40.    The State Auditor shall bill the South Carolina Department of Health and Human Services Oversight and Finance monthly for fifty percent of the costs incurred by the State Auditor in conducting the medical assistance audit. The amount billed by the State Auditor must include those appropriated salary adjustments and employer contributions allowable under the Medicaid program. The Department of Health and Human Services Oversight and Finance shall remit the amount billed to the credit of the general fund of the State."

SECTION    4.    Section 12-54-240(B)(23) of the 1976 Code is amended to read:

"(23)    disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services Oversight and Finance for the purpose of verifying Medicaid eligibility."

SECTION    5.    Sections 20-7-2640(B) and (C) of the 1976 Code are amended to read:

"(B)    The Department of Health and Human Services Oversight and Finance shall consider the holder of medical assistance identification pursuant to this section as any other holder of medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(C)    The Department of Health and Human Services Oversight and Finance or the Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance."

SECTION    6.    Section 20-7-9710(F)(c) of the 1976 Code is amended to read:

"(c)    Department of Health and Human Services Oversight and Finance or his designee;"

SECTION    7.    Section 38-55-530(A) of the 1976 Code is amended to read:

"(A)    'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue; the Department of Public Safety; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Employment Security Commission; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Environmental Control; the Department of Social Services; the Department of Health and Human Services Oversight and Finance; the Department of Labor, Licensing and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of South Carolina; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity."

SECTION    8.    Section 43-5-1280 of the 1976 Code is amended to read:

"Section 43-5-1280.    The Department of Social Services and the Department of Health and Human Services Finance Commission Oversight and Finance shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients."

SECTION    9.    Section 43-7-60(E) of the 1976 Code is amended to read:

"(E)    In addition to all other remedies provided by law, the Attorney General may bring an action to recover damages equal to three times the amount of an overstatement or overpayment and the court may impose a civil penalty of two thousand dollars for each false claim, representation, or overstatement made to a state or federal agency which administers funds under the state's Medicaid program. Upon a finding that the provider has violated a provision of this section, the state agency which administers the Medicaid program may impose other administrative sanctions against the provider authorized by law. A civil or criminal action brought under this section may be filed or brought in either the county where the false claim, statement, or representation originated or in the county in which the false claim, statement, or representation was received by the Health and Human Services Finance Commission Department of Health Oversight and Finance or other agency of the State responsible for administering the state's Medicaid Program."

SECTION    10.    Sections 43-7-410(B) and (C) of the 1976 Code are amended to read:

"(B)    'Commission' 'Department' means the State Health and Human Services Finance Commission Department of Health Oversight and Finance.

(C)    'Medicaid' means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the State Health and Human Services Finance Commission Department of Health Oversight and Finance."

SECTION    11.    Section 43-7-420 of the 1976 Code is amended to read:

"Section 43-7-420.    (A)    Every applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, shall be deemed to have assigned his rights to recover such amounts so paid by Medicaid from any third party or private insurer to the State Health and Human Services Finance Commission Department of Health Oversight and Finance. This assignment shall not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission Department of Health Oversight and Finance in its efforts to enforce its assignment rights.

(B)    An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the applicant or recipient from any third party or private insurer.

(C)    Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the assignment rights of the Commission department."

SECTION    12.    Section 43-7-430 of the 1976 Code is amended to read:

"Section 43-7-430.    (A)    The State Health and Human Services Finance Commission Department of Health Oversight and Finance shall be automatically subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an applicant or recipient may have to recover such amounts so paid by Medicaid from any third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission Department of Health Oversight and Finance and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the State Health and Human Services Finance Commission Department of Health Oversight and Finance.

(B)    An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the recipient from any third party or private insurer.

(C)    Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the subrogation rights of the Commission department."

SECTION    13.    Section 43-7-440 of the 1976 Code is amended to read:

"Section 43-7-440.    (A)    The Commission department, to enforce its assignment or subrogation rights, may take any one, or any combination of, the following actions:

(1)    intervene or join in an action or proceeding brought by the applicant or recipient against any third party, or private insurer, in state or federal court.

(2)    commence and prosecute legal proceedings against any third party or private insurer who may be liable to any applicant or recipient in state or federal court, either alone or in conjunction with the applicant or recipient, his guardian, personal representative of his estate, dependents, or survivors;

(3)    commence and prosecute legal proceedings against any third party or private insurer who may be liable to an applicant or recipient, or his guardian, personal representative of his estate, dependents, or survivors;

(4)    commence and prosecute legal proceedings against any applicant or recipient;

(5)    settle and compromise any amount due to the State Health and Human Services Finance Commission Department of Health Oversight and Finance under its assignment and subrogation rights. Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the Department of Health Oversight and Finance for improper settlement, compromise or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the Department of Health Oversight and Finance's assignment and subrogation rights prior to disbursement of funds;

(6)    reduce any amount due to the State Health and Human Services Finance Commission Department of Health Oversight and Finance by twenty-five percent if the applicant or recipient has retained an attorney to pursue the applicant's or recipient's claim against a third party or private insurer, that amount to represent the State Health and Human Services Finance Commission's Department of Health Oversight and Finance's share of attorney's fees paid by the applicant or recipient. Additionally, the State Health and Human Services Finance Commission Department of Health Oversight and Finance may, in its discretion, share in other costs of litigation by reducing the amount due it by a percentage of those costs, the percentage calculated by dividing the amount due the State Health and Human Services Finance Commission Department of Health Oversight and Finance by the total settlement received from the third party or private insurer. Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the Department of Health Oversight and Finance for improper settlement, compromise, or disbursement of funds unless he has written notice by certified mail of State Health and Human Services Finance Commission's the Department of Health Oversight and Finance's assignment and subrogation rights prior to disbursement of funds.

(B)    Providers and practitioners who participate in the Medicaid program shall cooperate with the Commission department in the identification of third parties whom they have reason to believe may be liable to pay all or part of the medical costs of the injury, disease, or disability of an applicant or recipient.

(C)    Any provision in the contract of a private insurer issued or renewed after June 11, 1986, which denies or reduces benefits because of the eligibility of the insured to receive assistance under Medicaid, is null and void.

In enrolling a person or in making payments for benefits to a person or on behalf of a person, no private insurer may take into account that the person is eligible for or is provided medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act.

(D)    The assignment and subrogation rights of the Commission department are superior to any right of reimbursement, subrogation, or indemnity of any third party or recipient. Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the Department of Health Oversight and Finance for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the Department of Health Oversight and Finance's assignment and subrogation rights prior to disbursement of funds.

In a case where a third party has a legal liability to make payments for medical assistance to or on behalf of a person, to the extent that payment has been made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for health care items or services furnished to the person, the State is considered to have acquired the rights of the person to payment by any other party for the health care items or services."

SECTION    14.    Sections 43-7-460(A) and (G) of the 1976 Code are amended to read:

"(A)    The State Department of Health and Human Services Oversight and Finance shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:

(1)    at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or

(2)    was fifty-five years of age or older when the individual received medical assistance, but only for medical assistance consisting of nursing facility services, home and community-based services, and hospital and prescription drug services provided to individuals in nursing facilities or receiving home and community-based services.

(G)    Notwithstanding subsection (A)(2) upon the enactment of any amendments to federal law which grants states the option to exempt home and community-based services or other noninstitutional Medicaid services from the estate recovery provisions mandated by Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993, the State Health and Human Services Finance Commission Department of Health Oversight and Finance shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:

(1)    at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or

(2)    was fifty-five years of age or older when the individual received medical assistance but only for medical assistance consisting of nursing facility services."

SECTION    15.    Sections 44-6-5(1) and (4) of the 1976 Code are amended to read:

"(1)    'Department' means the State Department of Health and Human Services Oversight and Finance.

(4)    'Market basket index' means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the commission department using substantially the same methodology as the federal market basket uses on January 1, 1986. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review."

SECTION    16.    Section 44-6-10 of the 1976 Code is amended to read:

"Section 44-6-10.    There is created the State Department of Health and Human Services Oversight and Finance which shall be headed by a Director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240."

SECTION    17.    Section 44-6-45 of the 1976 Code is amended to read:

"Section 44-6-45.    The State Department of Health and Human Services Oversight and Finance may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee may not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State."

SECTION    18.    Section 44-6-140(A)(2) of the 1976 Code is amended to read:

"(2)        payment on a timely basis to the hospital by the commission department or patient or both, of the maximum allowable payment amount determined by the commission department; and"

SECTION    19.    Section 44-6-146(A) of the 1976 Code is amended to read:

"(A)    Every fiscal year the State Treasurer shall withhold from the portion of the Local Government Fund allotted to the counties a sum equal to fifty cents per capita based on the population of the several counties as shown by the latest official census of the United States. The money withheld by the State Treasurer must be placed to the credit of the commission department and used to provide Title XIX (Medicaid) services."

SECTION    20.    Section 44-6-170(B)(14) of the 1976 Code is amended to read:

"(14)    the executive director or his designee of the State Department of Health and Human Services Oversight and Finance;"

SECTION    21.    Section 44-6-400(1) of the 1976 Code is amended to read:

"(1)        'Department' means the Department of Health and Human Services Oversight and Finance."

SECTION    22.    Section 44-6-530 of the 1976 Code is amended to read:

"Section 44-6-530.    Before instituting an action under this article, the Department of Health and Human Services Oversight and Finance shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction."

SECTION    23.    Section 44-6-620 of the 1976 Code is amended to read:

"Section 44-6-620.    For purposes of this article:

(1)    'Department' means the Department of Health and Human Services Oversight and Finance.

(2)    'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration, including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.

(3)    'Program' means the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program created pursuant to this article."

SECTION    24.    Section 44-6-630 of the 1976 Code is amended to read:

"Section 44-6-630.    There is created within the Department of Health and Human Services Oversight and Finance the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future."

SECTION    25.    Section 44-6-640(A) of the 1976 Code is amended to read:

"(A)     This program must be administered by the Department of Health and Human Services Oversight and Finance. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program."

SECTION    26.    Sections 44-6-720(B)(4)(b)(iv) and (B)(5) of the 1976 Code are amended to read:

"(iv)    other deductions provided in regulations of the State Health and Human Services Finance Commission Department of Health Oversight and Finance;

(5)    upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission Department of Health Oversight and Finance. The commission department shall remit the state share of the trust to the general fund; and"

SECTION    27.    Section 44-6-730 of the 1976 Code is amended to read:

"Section 44-6-730.    The State Health and Human Services Finance Commission Department of Health Oversight and Finance shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission department shall amend the state Medicaid plan in a manner that is consistent with this article."

SECTION    28.    Sections 44-7-84(A) and (B) of the 1976 Code are amended to read:

"(A)    In the annual appropriations act, the General Assembly shall establish the maximum number of Medicaid patient days for which the department is authorized to issue Medicaid nursing home permits. The State Department of Health and Human Services Oversight and Finance shall provide the number of Medicaid patient days available to the department within thirty days after the effective date of the annual appropriations act.

(B)    Based on a method the department develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department shall determine the distribution of Medicaid patient days for which Medicaid nursing home permits can be issued. Nursing homes holding a Medicaid nursing home permit must be allocated Medicaid days based on their current allocation and available funds. Requests for days must be submitted to the department no later than June fifteenth each year. The application must state the specific number of Medicaid patient days the nursing home will provide. If a nursing home requests fewer days than the previous year, those days first must be offered to the facilities within the same county currently holding a Medicaid nursing home permit. However, if Medicaid patient days remain available after being offered to those nursing homes currently holding a Medicaid patient days permit in that county, then existing nursing homes with a restricted Certificate of Need, within the same county, may apply for a Medicaid nursing home permit to receive the Medicaid patient days remaining available. Following the initial allocation of Medicaid patient days, any additional Medicaid patient days available must be credited to a statewide pool and must be available based on the percent of need indicated by the Community Long Term Care waiting list. If a nursing home has provided fewer Medicaid patient days than allowable under the Medicaid nursing home permit program, the department may issue a Medicaid nursing home permit for fewer days than requested in order to ensure that the nursing home will serve the minimum number of Medicaid patients. If a nursing home has its Medicaid patient days reduced, the freed days first must be offered to other facilities in the same county before being offered to other nursing homes in the State. In addition, a nursing home that fails to provide at least ten percent fewer days than the number stated in its permit is not eligible to receive additional Medicaid patient days the next year. The department shall analyze the performance of nursing homes that are under the permit minimum for a fiscal year, including utilization data from the State Department of Health and Human Services Oversight and Finance, anticipated back days, delayed payments, CLTC waiting list, and other factors considered significant by the department. Based on this analysis, if the department determines that the nursing home remains out of compliance, the nursing home must be fined by the same percentages as provided for in Section 44-7-90 and is subject to having its Medicaid patient days reduced. A nursing home which terminates its Medicaid contract must not be penalized for not meeting the requirements of this section if the nursing home was in compliance with its permit at the time of the cancellation. However, if the maximum number of Medicaid patient days authorized by the General Assembly is decreased, the nursing home may be required to absorb a proportionate decrease in its Medicaid patient days' allocation."

SECTION    29.    Section 44-7-90(A) of the 1976 Code is amended to read:

"(A)    Based on reports from the State Department of Health and Human Services Oversight and Finance, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:

(1)    a nursing home exceeding by more than ten percent the number of Medicaid patient days stated in its permit;

(2)    a nursing home failing to provide at least ten percent fewer days than the number stated in its permit; or

(3)    the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit."

SECTION    30.    Section 44-37-40(G) of the 1976 Code is amended to read:

"(G)    The department and the Department of Health and Human Services Oversight and Finance shall establish procedures for providing reimbursement for expenses incurred by entities providing newborn hearing screenings under this section."

SECTION    31.    Section 44-38-30 of the 1976 Code is amended to read:

"Section 44-38-30.    (A)    There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system which shall be under the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Director Division Chief of the State Department Division of Mental Health, the Commissioner of the Department of Vocational Rehabilitation, the Director of the State Department of Disabilities and Special Needs, the Director of the South Carolina Department of Health and Environmental Control, the Director of the South Carolina Department of Health and Human Services Oversight and Finance, the Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector.

(B)    Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council."

SECTION    32.    Section 44-39-20(B)(1)(c) of the 1976 Code is amended to read:

"(c)    the Director of the State Department of Health and Human Services Oversight and Finance;"

SECTION    33.    Section 44-61-30(e) of the 1976 Code is amended to read:

"(e)    An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, the Medical University of South Carolina, the University of South Carolina School of Medicine, the South Carolina College of Emergency Physicians, the South Carolina Emergency Nurses Association, the Emergency Management Division of the Office of the Adjutant General, the South Carolina Emergency Medical Services Association, the State Board for Technical and Comprehensive Education, the Governor's Office of Highway Safety, the Department of Health and Human Services Oversight and Finance, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."

SECTION    34.    The last two unnumbered paragraphs of Section 59-1-450 of the 1976 Code are amended to read:

"The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, the South Carolina State Library, and Health and Human Services Finance Commission the Department of Health Oversight and Finance, and with adult education and early childhood specialists. In developing the regulations, the State Board 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 of Health and Environmental Control, the Department of Social Services, the South Carolina State Library, and the Health and Human Services Finance Commission Department of Health Oversight and Finance; 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 Department of Health Oversight and Finance 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 of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission Department of Health Oversight and Finance shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."

SECTION    35.    Section 59-123-60(I) of the 1976 Code is amended to read:

"(I)    Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University hospitals and clinics shall be redirected to the Department of Health and Human Services Oversight and Finance. These funds shall be used as match funds for the disproportionate share for the hospital's federal program. Any excess funding may be used for hospital base rate increases. Beginning in fiscal year 2000-2001 and in subsequent years, the Department of Health and Human Services Oversight and Finance shall pay to the Medical University of South Carolina Hospital Authority an amount equal to the amount appropriated for its disproportionate share to the Department of Health and Human Services Oversight and Finance. This payment shall be in addition to any other funds that are available to the authority from the Medicaid program inclusive of the disproportionate share for the hospital's federal program. The authority shall continue to operate the hospital as a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina."

SECTION    36.    Section 59-123-125 of the 1976 Code is amended to read:

"Section 59-123-125.    The funds appropriated to the Medical University of South Carolina for the 'Rural Physician Program' shall be administered by the South Carolina Area Health Education Consortium physician recruitment office. The Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to. A board is hereby created to manage and allocate these funds in the best interests of the citizens of South Carolina. The board shall be composed of the following: the Executive Director, or his designee, of the South Carolina Primary Care Association; the Dean, or his designee, of the University of South Carolina School of Medicine; the Executive Director, or his designee, of the South Carolina Medical Association; two representatives from rural health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the Department of Health and Environmental Control; the Commissioner, or his designee, of the South Carolina Hospital Association; the Commissioner, or his designee, of the Commission on Higher Education; and the Director, or his designee, of the Department of Health and Human Services Oversight and Finance. The Chairman chairman, with the concurrence of the board, shall appoint three at-large members with two representing nursing and one representing allied health services in South Carolina."

SECTION    37.    Section 44-6-30 of the 1976 Code is amended to read:

"Section 44-6-30.    The department shall:

(1)    administer Title XIX of the Social Security Act (Medicaid), including the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System;

(2)    be designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act;

(3)    be prohibited from engaging in the delivery of services.;

(4)    implement an electronic case monitoring system that must be developed by the department and the Office of Research and Statistics, State Budget and Control Board, in consultation with all state health and human services agencies and other entities as deemed necessary by the department and the Office of Research and Statistics, to ensure accountability and the coordinated, efficient delivery of health and human services. The Office of Research and Statistics in agreement with the department and other agencies impacted may promulgate regulations for the protection and operation of the electronic case monitoring system;

(5)    establish the South Carolina Health and Human Services data warehouse in order to ensure that the operation of health and human services may be enhanced by coordination and integration of client information. To integrate client information, data across state agencies shall be linked to improve client outcome measures enabling state agencies to analyze coordination and continuity of care issues. In order to assist in the development and maintenance of this System certain client information, insofar as allowed by federal rules governing the client information held by the respective agencies, shall be delivered to the Budget and Control Board, Office of Research and Statistics by the following agencies: Department of Behavioral Health Services (including the divisions of mental health, alcohol and other substance abuse services, and continuum of care), Commission for the Blind, Division for the Review of Foster Care of Children, Lieutenant Governor's Office on Aging, Department of Education, Department of Health and Environmental Control, Department of Health Oversight and Finance, Department of Juvenile Justice, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Department of Corrections, Department of Probation, Parole and Pardon Services and other entities as deemed necessary by the Office of Research and Statistics. These agencies and departments shall collect and provide client data in formats and schedules to be specified by the Office of Research and Statistics of the Budget and Control Board. The Budget and Control Board shall establish a Memorandum of Agreement with each agency, department or division. These Memoranda of Agreement shall specify, but are not limited to, the confidentiality of client information, the conditions for the release of data that may identify agencies, departments, divisions, programs and services, any restrictions on the release of data so as to be compliant with state and federal statutes and regulations on confidentiality of data, including protected health information, conditions under which the data may be used for research purposes, and any security measures to be taken to insure the confidentiality of client information, including protected health information, and shall be maintained by the Office of Research and Statistics. The Office of Research and Statistics shall have the power to promulgate regulations for the development of the data warehouse in agreement with the Department of Health Oversight and Finance and other impacted agencies;

(6)    In order to provide for inclusion of other entities into the electronic case monitoring system and the health and human services data warehouse and other analytic projects to assist the state in efficient and effective provision of services, the Office of Research and Statistics shall have the authority to enter into agreements or transactions with any public or private entity consistent with the memoranda of agreements of the participating agencies . The confidentiality of data, including protected health information, collected under these initiatives will comply with applicable state and federal laws governing the privacy of data. The Office of Research and Statistics may adopt regulations, policies and procedures it considers necessary to meet the needs of these public or private entities."

SECTION    38.    Chapter 6, Title 44 of the 1976 Code is renamed "Department of Health Oversight and Finance".

SECTION    39.    Article 3, Chapter 6, Title 44 of the 1976 Code is repealed.

SECTION    40.    This part takes effect upon approval by the Governor.

PART VI

Department of Natural Resources

SECTION    1.    Chapter 4, Title 48 of the 1976 Code is amended to read:

"CHAPTER 4

Department of Natural Resources

Section 48-4-10.    (A)    The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources and other laws specifically assigned to it. The department must be comprised of a Natural Resources Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division. Each division of the department must have the functions and powers provided by law.

(B)    All functions, powers, and duties provided by law to the former South Carolina Wildlife and Marine Resources Department, the Geological Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the former South Carolina Water Resources Commission and the State Land Resources Conservation Commission are transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

(C)    All divisions are directly accountable to and subject to the Department of Natural Resources.

(D)    The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished. Reserved.

Section 48-4-20.    For the purposes of this chapter:

(1)    'Board' means the governing body advisory board of the department.

(2)    'Department' means the South Carolina Department of Natural Resources.

(3)    'Director' or 'Executive Director' means the administrative head of the department, appointed by the board Governor with the advice and consent of the Senate. The director serves at the pleasure of the Governor and may be removed by the Governor pursuant to Section 1-3-240(B).

Section 48-4-30.    The department shall be governed by a An advisory board consisting of seven non-salaried nonsalaried board members is hereby created for the department. Board members of the former Department of Wildlife and Marine Resources shall serve as board members for the Department of Natural Resources until their terms expire and their successors are appointed and qualify. All advisory board members shall must be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district of the state, and one shall be appointed from the state at-large at large. In making appointments, race, gender, and other demographic factors should must be considered to assure ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board Advisory board members must possess sound moral character, and superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.

The Governor may remove any advisory board member pursuant to the provisions of Section 1-3-240(B).

Terms of the members shall be are for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

Each advisory board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.

One of the members of the advisory board shall be designated by the Governor to serve as chairman.

Section 48-4-40.    The advisory board members shall receive reimbursement for their expenses incurred while engaged in the work of the board as provided by law for state boards and commissions.

Section 48-4-50.    The advisory board shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States render advice and counsel and shall perform such duties and functions as may be set by the department director after consultation with the Governor. The advisory board may hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum.

Section 48-4-60.    The board Director of the Department of Natural Resources shall appoint a director to serve at its pleasure who shall be the administrative head of the department. The director must carry out the policies of the board department and administer the its affairs of the department. The director may exercise all powers belonging to the board department within the guidelines and policies established by the board. The director shall manage the administration and organization of the department, subject to constitutional and statutory provisions, and may appoint such assistants or deputies as the director considers necessary. The director may hire such employees as the director considers necessary for the proper administration of the affairs of the department. The director must prescribe the duties, powers, and functions of all assistants, deputies, and employees of the department.

Section 48-4-70.     The board director shall:

(1)    hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum. The board may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia;

(2)    formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws;

(3)    make an annual report to the General Assembly on all matters relating to its action the department;

(4)(2)    require those of its the department's officers, agents, and employees it he designates to give bond for the faithful performance of their duties in the sum and with the sureties it he determines, and all premiums on the bonds must be paid by the board department;

(5)(3)    pay travel expenses and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its his duties; and

(6)(4)    exercise and perform other powers and duties as granted to it the director or imposed upon it the director by law.

Section 48-4-80.    The board director may:

(1)    make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its the department's duties. The board director may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect. These regulations must be promulgated through the Department of Natural Resources;

(2)    exercise all authority granted to it the department under the laws and regulations relating to wildlife, marine, and natural resources.; and

(3)    conduct such hearings as may be required by law."

SECTION    2.     Section 48-9-15 of the 1976 Code is amended to read:

"Section 48-9-15.    As used in this chapter:

(1)    'Department' means the Department of Natural Resources.

(2)    'Division' means Land Resources and Conservation Districts Division of the Department of Natural Resources.

(3)    'Director' means the administrative head of the department appointed by the board Governor."

SECTION    3.     Section 51-17-10 of the 1976 Code is amended to read:

"Section 51-17-10.    The following words or phrases have the definition given unless clearly specified otherwise:

1.(1)        'Board of the department' means the governing board of the Department of Natural Resources Reserved.

2.(2)        'Department' means the Department of Natural Resources.

3.(3)        'Advisory board' means the Heritage Trust Advisory Board.

4.(4)        'Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics.

5.(5)        'Natural feature' means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character.

6.(6)        'Cultural area or feature' means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation, and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.

7.(7)        'Heritage Preserve' means a natural or cultural area or feature which is 'dedicated' under this chapter.

8.(8)        'Heritage Site' means a natural or cultural feature which has been recognized as such through 'registration' under this chapter.

9.(9)        'Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 51-17-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or to the Department of Natural Resources under this chapter:

(a)    'Acquisition' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the board of the department for such purpose; or

(b)    'Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department Department of Natural Resources for such purpose. Examples are granting of a 'conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.

10.(10)        'Register' or 'registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department Department of Natural Resources recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-17-100.

11.(11)        'Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department Department of Natural Resources, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites.

12.(12)        'The Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use, and management of unique and outstanding natural or cultural areas and features in this State. The term 'Heritage Trust' means the legal trust which is created under Section 51-17-90."

SECTION    4.     Section 51-17-50 of the 1976 Code is amended to read:

"Section    51-17-50.     The Heritage Trust Advisory Board is hereby created to assist the board of the department Department of Natural Resources in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman:

1.(1)        From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term 'expert' does not of necessity denote a professional but one learned and interested in the field.

2.(2)        From state government, the following persons or their designees:

A.    The Chairman of the board of the Department of Natural Resources;

B.(A)    The Director of the Department of Natural Resources;

C.(B)    The Director of the South Carolina Department of Park, Recreation and Tourism;

D.(C)    The Director of the Land Resources Conservation Districts Division of the Department of Natural Resources;

E.(D)    The Director of the South Carolina Department of Archives and History;

F.(E)    The State Forester;

G.(F)    The State Archeologist;

H.(G)    The Director of the State Museum; and

I. (H)    The Secretary of Commerce.

Provided, however However, of the initial appointees under this section, that of the six persons appointed under Item 1 item (1) above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years."

SECTION    5.     Section 51-17-70 of the 1976 Code is amended to read:

"Section 51-17-70.    The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:

1.(1)        The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.

2.(2)        The department shall supply such other staff and support services as the board of the department and the advisory board shall require to fulfill their duties and responsibilities under this chapter.

3.(3)        The department shall maintain a public record of any inventories or lists established under this chapter.

4.(4)        The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter.

5.(5)        The department shall consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism, and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program, as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body."

SECTION    6.     Section 51-17-90 of the 1976 Code is amended to read:

"Section 51-17-90.    There is hereby created the South Carolina Heritage Trust, the trustee of which shall be the Board of the South Carolina Department of Natural Resources Director of the Department of Natural Resources. The corpus of the trust shall be made up of those Heritage Preserves which the board director of the department considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree of preservation than that provided by dedication. The board director of the department shall have authority to place into the corpus of the trust any Heritage Preserve that it the director feels meets this criteria and which has been recommended for inclusion therein by the advisory board. The beneficiaries of this trust are and shall be the present and future generations of citizens of the State, more particularly those present and future citizens residing within a close proximity to any area or feature which itself, or an interest therein, becomes, constitutes, or comprises a part of the corpus of such trust and who actually enjoy use of such area or feature; and further and more particularly, those present and future students, teachers, and persons residing in the State who are concerned with conservation or with research in any facet of ecology, history, or archeology and who actually utilize any such area or feature for the promotion of such interest.

Wherever the term 'area or feature' is used in this section, it shall include 'or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature which becomes a part of the corpus thereof:

1.(1)        Upon approval by the board director of the department of the inclusion of a Heritage Preserve in the corpus of the South Carolina Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the South Carolina Heritage Trust.

2.(2)        In any case wherein the previous owner of a Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina Heritage Trust unless at a subsequent time such approval is obtained from such person or his successor in interest.

3.(3)        Upon the approval by the board director of the department of the inclusion of any Heritage Preserve in the South Carolina Heritage Trust and the transfer of the title or interest held by the board director of the department therein to the trust, subject to the provisions of Item 2 item (2) of this section, legal title to such area or feature shall be conveyed to the trustee of the South Carolina Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication.

4.(4)        Upon approval by the advisory board, the department, and the board director of the department, and any agency of the State is hereby authorized to enter into agreement in advance with any person, firm, corporation, legal entity of government, or any private group that any particular area or feature shall be conveyed to the trustee in trust under the provisions of this chapter.

5.(5)        Upon approval by the board director of the department of inclusion of any Heritage Preserve into the corpus of the South Carolina Heritage Trust, the advisory board shall review the management plan therefor as well as the 'Dedication Agreement' and any other sources of information which it may consider appropriate. Upon approval thereof by the board director of the department, the department, or that agency or group assigned management responsibilities therefor, shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the 'Dedication Agreement', the following substantive terms shall be deemed to be set forth in the conveyance to the Heritage Trust and the trustee shall hold such property in trust subject to such terms:

(a)    The essential natural character of the property shall be maintained.

(b)    There shall be no erection of any improvements thereon except those minimal improvements necessary for the security, safety, or convenience of the public and those required for maintenance and management.

(c)    Cutting or burning of timber, wood, or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; or for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna, or wildlife; or for the establishment and maintenance of nature and hiking trails, camping areas, and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property.

(d)    No stream shall be dammed or have its course altered.

(e)    No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned.

(f)    No change shall be made in the general topography of the area or feature except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation, or observation; and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result.

(g)    No activity shall be allowed or permitted which might pollute any stream, body of water, or the atmosphere.

(h)    No signs, billboards or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area or feature as a Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee.

(i)        No other acts or uses which are detrimental to the retention of the property in its natural state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation.

(j)        Where cultural areas or features are involved, reasonable excavation, improvement and the like shall be allowed for research purposes as well as to restore such area or feature.

(k)    The trust shall continue in perpetuity.

(l)        Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes.

6.(6)        Those natural and related cultural areas and features which are acquired as Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the Heritage Trust; provided, however, that before any such condemnation shall occur, a court of competent jurisdiction shall determine the following:

(1)    that there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;

(2)    that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and

(3)    that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The trustee of the trust shall have authority to utilize such proceeds to acquire additional property for the trust and to maintain those properties which form the corpus of the trust.

7.(7)        The common law of South Carolina pertaining to trusts shall be applicable to the Heritage Trust and to all areas or features, or interests therein, which become a part of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust.

8.(8)        The trustee shall hold, manage, preserve, and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end Therefore, the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public, and may employ or appoint agents to act on their behalf in the management of such properties."

SECTION    7.     Section 51-17-130 of the 1976 Code is amended to read:

"Section 51-17-130.    1.(1)        Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter.

2.(2)        The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the department, bring an action for injunctive or declaratory relief in any court of competent jurisdiction.

3.(3)(a)    Any person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.

(b)    Any person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense."

SECTION    8.     Section 51-18-60(2)(a) of the 1976 Code is amended to read:

"(a)    the Chairman of the Board Director of the Department of Natural Resources;"

SECTION    9.     Section 1-5-40(A)(69)(a) of the 1976 Code is amended to read:

"(a)    Natural Resources Advisory Board"

SECTION    10.    Section 48-45-80 of the 1976 Code is amended to read:

"Section 48-45-80.    There is hereby created an advisory committee to the Consortium Director to consist of seven members who shall serve for terms of four years and until their successors are appointed and qualified. Four members must be appointed by the Governor with the advice and consent of the Senate. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry. The chairmen of the Senate Fish, Game and Forestry Committee, and House Agriculture and Natural Resources Committee, and Department of Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commission. The Director of the Department of Natural Resources shall serve as the seventh member. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry."

SECTION    11.    Section 48-59-40(A)(1) of the 1976 Code is amended to read:

"(1)    the Chairman of the Board for Director of the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;"

SECTION    12.    Section 49-23-20(n) of the 1976 Code is amended to read:

"(n)    'Board' means the governing authority of the Department of Natural Resources."

SECTION    13.    Section 49-25-40 of the 1976 Code is amended to read:

"Section 49-25-40.    The state climatologist may certify copies as being authentic reproductions of weather records held in the State and shall present a report each year to the board of the Director of the Department of Natural Resources concerning the activities of the climatic program and other information which the board director may consider necessary."

SECTION    14.    Section 50-1-5 of the 1976 Code is amended to read:

"Section 50-1-5.    For the purposes of Title 50, unless the context clearly indicates otherwise,:

(1)    'Board' means the governing body of the department.

(2)    'Department' means the South Carolina Department of Natural Resources.

(3)(2)    'Director' means the administrative head of the department, appointed by the board Governor.

(4)(3)    'Enforcement officer' means an enforcement officer of the Natural Resources Enforcement Division of the department."

SECTION    15.    Section 50-3-180(A) of the 1976 Code is amended to read:

"(A)    The Mitigation Trust Fund of South Carolina is credited for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with Director of the Department of Natural Resources has full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law."

SECTION    16.    Section 50-3-720 of the 1976 Code is amended to read:

"Section 50-3-720.    There is created the Board of Trustees of the Wildlife Endowment Fund of the Department of Natural Resources, with. The Director of the Department of Natural Resources has full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11."

SECTION    17.    Section 50-3-910 of the 1976 Code is amended to read:

"Section 50-3-910.    There is created the Board of Trustees of the Jocassee Gorges Trust Fund of the Department of Natural Resources, with. The Director of the Department of Natural Resources has full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11."

SECTION    18.    Section 50-3-1120 of the 1976 Code is amended to read:

"Section 50-3-1120.    The board Director of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund."

SECTION    19.    Section 50-5-1950 of the 1976 Code is amended to read:

"Section 50-5-1950.    (A)    A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:

(1)    one member of the Board of the Director of the Department of Natural Resources to serve ex officio;

(2)    two at-large members appointed by the Governor; and

(3)    one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, Dorchester, and Berkeley Counties.

(B)    The members in subsection subsections (A)(2) and (3) shall represent the saltwater recreational fishing community.

(C)    Committee members shall be paid the usual mileage, subsistence, and per diem as prescribed by law for members of state boards, commissions, and committees to be paid from revenues from the sale of stamps, licenses, prints, and related articles.

(D)    The terms of members in subsection subsections (A)(2) and (3) are for four years and are limited to two consecutive terms. Vacancies shall be filled for the remainder of the unexpired term in the manner of original appointment."

SECTION    20.    Section 50-11-20 of the 1976 Code is amended to read:

"Section 50-11-20.    (A)    As used in this article:

(1)    'Board' means the governing body of the South Carolina Department of Natural Resources.

(2)    'Committee' means the Migratory Waterfowl Committee.

(3)(2)    'Department' means the South Carolina Department of Natural Resources.

(4)(3)    'Migratory waterfowl' means members of the family 'Anatidae', including brants, ducks, geese, and swans.

(B)    There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board Director of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.

(C)    The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:

(1)    The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.

(2)    Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board Director of the Department of Natural Resources for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.

(3)    The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board department."

SECTION    21.    This part takes effect January 1, 2006.

PART VII

Miscellaneous

SECTION    1.    (A)    Where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to another state agency, department, division or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The board's action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.

(B)    Where an agency, department, entity, or official is transferred to or consolidated with another agency, department, division, entity, or official, regulations promulgated by that transferred agency, department, entity, or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.

(C)    References to the names of agencies, departments, entities, or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities, or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.

(D)    Employees or personnel of agencies, departments, entities, or public officials, or sections, divisions or portions thereof, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity, or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.

(E)    Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.

(F)    The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.

(G)    Where the functions of former agencies have been devolved on more than one department or departmental division, the general support services of the former agency must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.

(H)    The membership of the Legislative Council shall cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as they consider practical and economical.

SECTION    2.    Notwithstanding any permanent or temporary provision of law, any enactment, or portion thereof, of the General Assembly in 2005 in conflict with any provision of this act shall be suspended as to its force and effect until March 1, 2006. Where there is no conflict the provisions of any other enactments shall supersede the provisions of this act. For the purposes of this section, 'conflict' shall not include:

(1)    where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the names of agencies, divisions, or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or

(2)    where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the governance or structure of an agency, division, or department except so far as such governance or structure is in conflict with another enactment or some portion of another enactment.

SECTION    3.    (A)    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding shall be substituted as a party in interest.

(B)    Any statute enacted and any rule or regulation made in respect to any agency or function transferred to, or consolidated, coordinated, or combined with any other agency or function under the provisions of this act before the effective date of such transfer, consolidation, coordination, or combination shall, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, have the same effect as if such transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the agency from which the transfer is made under the act, such functions shall, insofar as they are to be exercised after the transfer, be considered as vested in the agency to which the transfer is made under the act.

(C)    No suit, action or other proceeding lawfully commenced by or against any agency or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of such suit, action or other proceeding to obtain an adjudication of the questions involved, allow the same to be maintained by or against the successor of the agency or officer under the act or, if there be no such successor, against such agency or officer as the Governor shall designate.

SECTION    4.    If any section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    5.    The Code Commissioner is directed to change or correct all references in Title 12 which is in no way related to, amended by, or otherwise addressed by this act, in order to conform references in Title 12 to the name changes of agencies and departments made throughout this act.

SECTION    6.    This part takes effect upon approval by the Governor.

PART VIII

Time Effective

SECTION    1.    Except as otherwise provided, this act takes effect January 1, 2006.        /

Amend title to conform.

Renumber sections to conform.

Majority favorable.    Minority unfavorable.

LARRY A. MARTIN    ROBERT FORD

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

Department of Administration

Part II Section 1 identifies the agencies and entities that would become a part of a new Department of Administration and designates that all employees, appropriations, assets and liabilities of these offices shall be transferred and become a part of the new Department of Administration. Since the section does not introduce any new initiatives, it is estimated there would be little or no impact on the General Fund of the State or on federal and/or other funds. Any potential one-time costs associated with consolidation or systems integration are not currently identifiable. In addition, such consolidation and integration may result in some long-term administrative savings.

Office of State Inspector General - Department of Administration

In order to provide an estimate of the cost involved with an Office of Inspector General, the Office of State Budget (OSB) reviewed those states having such an office including Georgia, Louisiana, and Ohio. In addition, OSB took into consideration the funding and staffing level of the Legislative Audit Council, which may be considered the most comparable existing state entity. The three states reviewed had budgets ranging from between $855,000 and $1.1 million. Staffing levels were as low as five and as high as fourteen. The Legislative Audit Council currently has a budget of $921,500 and fifteen filled positions. The Governor's version of the Appropriation Bill for FY 2005-06 reflects an appropriation of $400,000 with six new positions for an Inspector General's Office. Therefore, although the funding and staffing level for the Office of Inspector General is at the General Assembly's discretion, funding for such an office can be estimated at between $400,000 and $1.1 million. Staffing could be estimated at between five and sixteen employees. However, it should be noted none of the three states reviewed had responsibility for all state schools including K-12, Colleges and Universities.

State Budget and Control Board

Section 1-11-22 (C) of the bill allows the board to expend revenues generated by the programs for which the board maintains any responsibility related to the programs administered by the Department of Administration. Therefore, there would be no fiscal impact on the board.

State Budget and Control Board - Statehouse, Legislative, and Judicial Facilities Operations Division

Part III, Subpart I, Section1 of the bill creates this new division within the board; however, this should not result in an impact assuming the board retains sufficient resources (funding and staff) currently within the Division of General Services that would be necessary to carry out the new division's responsibilities.

State Budget and Control Board - Chief Information Officer

A review of this bill indicates there will be a cost to the General Fund of the State of approximately $2.0 million with twenty positions. The actual impact on general funds would depend on any potential adjustments to the existing fee structure and/or changes in the level of reimbursable services provided that may be used toward the funding of this initiative.

Information Technology Procurement and Telecommunications - Statewide

Section 1-11-1315 of the bill exempts higher education, Department of Transportation, Judicial and Legislative bodies from the definition of a governmental body for the purpose of procurement of information technology and telecommunications. Currently there are processes in place for the purchase of goods and services that are designed to provide economy and to maximize to the fullest extent practicable the purchasing value and volume of the state. As a result of these exemptions, there is a potential that the cost of goods and services for the remaining agencies, school districts and local governments may increase due to the lower volume of purchases of items on state term contracts. It is estimated by State Budget and Control Board (Board) staff that for each ten percent reduction in volume there is a one percent reduction in the discount percentage the state receives on term contracts. Each year state agencies spend approximately $200 million for information technology. Of this amount Judicial, Department of Transportation, and institutions of higher education spend $53 million. With this reduction in volume of purchasing, it is estimated that the non-exempt agencies may incur an additional 2% to 3% increase in costs of approximately $3 million in state, Federal and other funds.

Further, as a result of the exempt agencies the non-exempt agencies may incur additional costs of approximately $1.4 million in State, Federal and other funds for various local and long distance telecommunications services and a 10% - 20% increase in costs of approximately $5.4 million for network as estimated by the primary network carrier for the State. Total additional cost associated with these two services is estimated at $6.8 million. This impact statement does not consider any cost or savings exempt agencies may realize or incur from not using state term contracts and telecommunications services.

Department of Health & Environmental Control (DHEC)

Enactment of this bill would result in the responsibility for regulation of Day Care facilities being transferred from the Department of Social Services (DSS) to the Department of Health & Environmental Control. DHEC estimates the total direct and indirect cost associated with implementing this program at $3,687,000. The program is currently administered at DSS from revenue derived from fines and fees, and general fund appropriations of approximately $55,000. Any potential impact on DHEC depends on the actual appropriations transferred from DSS, the extent to which DHEC may need to modify the program, and any changes in the fee structure and schedule. However, nothing contained in the bill requires DHEC to modify the program as it is currently administered at DSS. There may also be some one-time cost associated with moving and systems integration.

Other State Agencies

Other State agencies indicated enactment would have little or no impact on expenditures. These agencies indicated there would be some minimal cost associated with name changes, but expected some long term savings in administration and other areas specific to their organization. These agencies include the following:

?    Lieutenant Governor's Office

?    Department of Health & Human Services

?    Department of Disabilities & Special Needs

?    Department of Alcohol & Other Drug Abuse Services

?    Department of Mental Health

?    Department of Social Services

?    Department of Juvenile Justice

?    Department of Natural Resources

Recapitulation

Based on the information above creation of a State Chief Information Officer and an Office of State Inspector General could result in a direct impact on the General Fund of the State of between $2,400,000 and $3,100,000. In addition, there are likely to be additional costs estimated at $9.8 million in total funds associated with exempting certain entities from the information technology and telecommunications procurement processes and procedures. Some of these additional costs may be offset to the extent there are administrative, support, management, and/or efficiency savings associated with agency consolidation.

LOCAL GOVERNMENT IMPACT:

See Information Technology Procurement and Telecommunications - Statewide section above.

SPECIAL NOTES:

Some states have Inspector General Offices within specific functional groups (such as among health and social services agencies) including Kentucky and West Virginia. These states have a considerably larger Inspector General staff within these units. Kentucky has a staff of 296 employees with a budget of $19 million within its Health and Social Services functional group. West Virginia has a staff of 100 with a budget of $4.5 million within its Medicaid, TANF and Food Stamps program functional group.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO NEWLY CREATED AND REORGANIZED STATE AGENCIES; TO AMEND CHAPTER 30, TITLE 1, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE POWER TO ORGANIZE AND REORGANIZE A DEPARTMENT INTO DIVISIONS LIES WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF ITS MANDATE PURSUANT TO ARTICLE XII OF THE SOUTH CAROLINA CONSTITUTION, TO CREATE THE DEPARTMENTS OF ADMINISTRATION AND BEHAVIORAL HEALTH SERVICES, TO RENAME THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, TO ESTABLISH THE DEPARTMENT OF NATURAL RESOURCES AS A CABINET AGENCY GOVERNED BY A DIRECTOR WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND REMOVAL OF GOVERNING AUTHORITIES; TO AMEND 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 1-11-185, SO AS TO FURTHER PROVIDE FOR THE TRANSFERS, AND ARTICLE 9, CHAPTER 11 OF TITLE 1, SO AS TO CREATE THE COORDINATING COUNCIL FOR CULTURAL AND INFORMATION SERVICES; 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; 1-11-55; 1-11-56; 1-11-57; 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; 1-11-220; 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; 1-11-320; 1-11-335; 1-11-340; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; 2-47-30, 2-47-56; 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; 1-11-430, RELATING TO THE BUDGET AND CONTROL BOARD'S GOVERNING SUPPLY AND USE OF TELECOMMUNICATIONS FOR STATE GOVERNMENT; AND 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 9, CHAPTER 11 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 SECTIONS 20-7-2379, 20-7-2385, AND 20-7-2386, ALL AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SECTIONS 20-7-5210 AND 20-7-5240, RELATING TO THE CHILDREN'S CASE RESOLUTION SYSTEM, AND SECTIONS 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, AS AMENDED, SECTION 43-21-110, AND SECTION 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING, SO AS TO MAKE TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO REFLECT THE ABOVE TRANSFERS TO THE OFFICE OF THE LIEUTENANT GOVERNOR; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING TO THE COORDINATING COUNCIL AND THE LONG-TERM CARE COUNCIL AND ITS DUTIES; TO ESTABLISH THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO ESTABLISH WITHIN THIS DEPARTMENT THE DIVISIONS OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, CONTINUUM OF CARE, AND MENTAL HEALTH BY TRANSFERRING TO THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES THE OPERATIONS OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE OPERATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE GOVERNOR'S OFFICE, AND THE OPERATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND TO TRANSFER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS THE OPERATIONS OF THE BABYNET SERVICES PROGRAM FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, BY AMENDING SECTIONS 8-11-945, 9-11-10, 11-11-170, 12-21-2975, 14-1-203, 14-1-204, 14-1-205, 14-1-208, 16-25-20, 16-25-65, 17-24-40, 20-7-670, 20-7-765, 20-7-2725; ARTICLE 23, CHAPTER 7, TITLE 20; SECTIONS 20-7-5710, 20-7-5910, 20-7-8515, 20-7-9710, 24-1-280, 24-3-110; ARTICLE 19, CHAPTER 13, TITLE 24; SECTIONS 24-13-2140, 24-23-40, 40-47-140, 40-55-90, 40-75-290, 40-75-300, 42-1-480, 43-5-1185, 43-5-1190, 43-21-120, 43-35-10, 43-35-310, 44-7-210; ARTICLE 21, CHAPTER 7, TITLE 44; CHAPTER 9, TITLE 44; SECTIONS 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80; CHAPTER 13, TITLE 44; CHAPTER 15, TITLE 44; BY ADDING SECTION 44-17-305; BY AMENDING SECTIONS 44-17-410, 44-17-450, 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20; CHAPTER 22, TITLE 44; CHAPTER 23, TITLE 44; SECTIONS 44-27-10, 44-27-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-36-20, 44-36-330, 44-37-40, 44-38-380, 44-48-30, 44-48-50, 44-48-100, 44-48-110, 44-48-120, 44-48-130; CHAPTER 49, TITLE 44; SECTIONS 44-52-10, 44-52-165, 44-52-200, 44-53-110, 44-53-310, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-107-80, 44-128-50, 50-21-112, 56-1-385, 56-1-1330, 56-5-2990, 56-21-70, 59-20-41, 59-36-20, 59-150-230, 61-12-20, 61-12-50, AND 62-5-105; TO AMEND SECTIONS 9-1-1870, 9-11-315, 11-7-40, 12-54-240, AS AMENDED, 20-7-2640, AS AMENDED, 20-7-9710, AS AMENDED, 38-55-530; 39-29-10, AS AMENDED, 43-5-1280, 43-7-60, 43-7-410, AS AMENDED, 43-7-420, 43-7-430, 43-7-440, AS AMENDED, 43-7-460, AS AMENDED, 44-6-5, 44-6-10, 44-6-45, 44-6-140, 44-6-146, 44-6-170, 44-6-400, 44-6-530, 44-6-620, 44-6-630, 44-6-640, 44-6-720, 44-6-730, 44-7-84, 44-7-90, 44-37-40, 44-38-30, 44-39-20, 44-61-30, 59-1-450, 59-123-60, AS AMENDED, AND 59-123-125, ALL RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CHANGE REFERENCES TO BOTH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE; TO AMEND SECTION 44-6-30, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, SO AS TO REQUIRE THE DEPARTMENT TO IMPLEMENT AN ELECTRONIC CASE MONITORING SYSTEM; TO ADD SECTION 43-1-270 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE A SPECIFIED NUMBER OF CHILD DEVELOPMENT SERVICES SLOTS IN CERTAIN COUNTIES USING STATE AND TITLE XX FUNDING; TO RENAME CHAPTER 6, TITLE 44 "DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE"; AND TO REPEAL ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES PROVIDED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND CHAPTER 4 OF TITLE 48, AS AMENDED, SECTIONS 48-9-15, 51-17-10, 51-17-50, BOTH AS AMENDED, 51-17-70, 51-17-90, 51-17-130, BOTH AS AMENDED, 51-18-60, 1-5-40, 48-45-80, 48-59-40, 49-23-20, 49-25-40, 50-1-5, 50-3-180, 50-3-720, 50-3-910, 50-3-1120, 50-5-1950, AND 50-11-20, ALL PERTAINING TO THE DEPARTMENT OF NATURAL RESOURCES AND RELATED MATTERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES EFFECTIVE JANUARY 1, 2006, WILL BE AN EXECUTIVE CABINET AGENCY HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE WITH THE CURRENT BOARD OF THE DEPARTMENT TO BECOME ADVISORY; TO AMEND SECTIONS 20-7-2700, 20-7-2710, 20-7-2870, 20-7-2980, 20-7-2990, AND 20-7-3097, ALL AS AMENDED, ALL RELATING TO THE LICENSURE AND REGULATION OF CHILDCARE FACILITIES, SO AS TO REMOVE THE AUTHORITY, DUTIES, AND RESPONSIBILITIES OF SUCH LICENSURE AND REGULATION FROM THE DEPARTMENT OF SOCIAL SERVICES AND TO PLACE THEM WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO AMEND SECTION 20-7-3050, RELATING TO THE DUTIES OF THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES, SO AS TO PROVIDE THAT THE COMMITTEE MAKE RECOMMENDATIONS ABOUT CHANGES IN REGULATIONS TO THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

PART I

Executive Department

SECTION    1.    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 four;

(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 Transportation, 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, three;

(c)    Personnel Division, one State House, 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)        Office of State Chief Information Officer, one;

(59)    Children's Bureau, one RESERVED;

(59A)    Department of Behavioral Health Services:

(a)    Division of Alcohol and other Drug Abuse Services, one;

(b)    Division of Continuum of Care, one;

(c)    Division of Mental Health, three;

(60)    Department of Consumer Affairs, one;

(61)    Department of Corrections, two;

(62)    Criminal Justice Academy, one;

(63)    Department of Commerce, five;

(64)    Employment Security Commission, two;

(65)    Ethics Commission, one;

(66)    Forestry Commission, one;

(67)    Department of Health and Environmental Control, five

(67A)    Department of Health Oversight and Finance, four;

(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 six;

(80)    Ports Authority, one;

(81)    Department of Probation, Parole and Pardon, two;

(82)    Public Service Commission, three;

(83)    Department of Social Services, two;

(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;

(89)    Department of Administration, five."

SECTION    2.    The provisions of this part take effect July 1, 2006.

PART II

Department and Office Organization

SECTION    1.    Chapter 30, Title 1 of the 1976 Code, as last amended by Act 299 of 2004, 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

a.    Department of Administration

b.    Department of Agriculture

c.    Department of Behavioral Health Services

d.    Department of Commerce

e.    Department of Corrections

f.    Department of Disabilities and Special Needs

g.    Department of Education

h.    Department of Health and Environmental Control

i.    Department of Health Oversight and Finance

j.    Department of Insurance

k.    Department of Juvenile Justice

l.    Department of Labor, Licensing and Regulation

m.    Department of Motor Vehicles

n.    Department of Natural Resources

o.    Department of Parks, Recreation and Tourism

p.    Department of Probation, Parole and Pardon Services

q.    Department of Public Safety

r.    Department of Revenue

s.    Department of Social Services

t.    Department of Transportation

(B)(1)    The governing authority of each department shall be either:

(i)    a director, 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(B); or,

(ii)    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.

(2)    In making appointments to boards and an appointment for a governing authority of a department directors, 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)    Each department shall be organized into appropriate divisions subdivisions by the governing authority of the department through further consolidation or further subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the 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.

(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 governing authority of a department director may appoint deputy directors deputies 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. 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 Deputies serve at the will and pleasure of the department director governing authority. 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 department's governing authority and performing such other duties as delegated by the department director department's governing authority.

(F)(1)    In the event a vacancy should occur occurs in the office of department director the department's governing authority 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.

(G)(1)    Department and agency governing authorities must, no later than the first day of the 1994 2006 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.

Department and agency governing authorities must, no later than the first day of the 2006 legislative session, and every three years thereafter, submit to the Governor and the General Assembly a three-year plan that provides initiatives and/or planned actions that implement cost savings and increased efficiencies of services and responsibilities within the projected three-year period.

(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, 2006, the Department of Alcohol and Other Drug Abuse Services, as constituted 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 Behavioral Health Services, Division 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 Division of Alcohol and Other Drug Abuse Services.

Section 1-30-22.    (A)    Effective July 1, 2006, 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 Energy in the Insurance and Grants Services Division of the Budget and Control Board;

(3)    the Office of Administrative Services of the Office of the Governor.

(B)    Effective July 1, 2006, 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 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 person who violates 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 department 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), during the competitive solicitation process or 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 1-30-23.    (A)    Effective on July 1, 2006, 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 Behavioral Health Services to be divided into divisions of Alcohol and Other Drug Abuse Services, Continuum of Care, and Mental Health:

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

(2)    Continuum of Care, as provided for at Section 20-7-5610, et seq.; and

(3)    Department of Mental Health, as constituted in Section 1-30-70(A).

(B)    Each transferred office must be maintained as a distinct component of the Department of Behavioral Health 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 secretary.

(C)    Where the provisions of this act transfer offices, or portions thereof, to the Department of Behavioral Health Services, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Behavioral Health 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 Behavioral Health Services, with the same compensation, classification, and grade level, as applicable.

(D)    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 Behavioral Health Services.

Section 1-30-25.    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)    South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;

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

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

(D)    State Development Board, including the South Carolina Film Commission, formerly provided for in 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 commission are budgeted and spent so as to further the following objectives:

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

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

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

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

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

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

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

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

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

(10)    encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."

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

Section 1-30-30.    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.

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, 2006, Babynet, as provided for in Section 44-7-2510 et seq., 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 from the Department of Health and Environmental Control, as constituted in Section 1-30-45(A), to the Department of Disabilities and Special Needs, Division of Babynet Services, and all powers, duties, obligations, and responsibilities of Babynet are devolved upon the Department of Disabilities and Special Needs, Division of Babynet Services.

Section 1-30-40.    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.

Section 1-30-45.    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 January 1, 2006, the regulation of day care facilities in the Department of Social Services, including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the regulation of day care facilities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Environmental Control, as constituted in subsection (A), and all powers, duties, obligations, and responsibilities for the regulation of day care facilities are devolved upon the Department of Health and Environmental Control.

(C)    Effective on July 1, 2006, Babynet, as provided for in Section 44-7-2510 et seq., including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the regulation of day care facilities, except for those subdivisions specifically included or transferred to another department or division, is transferred from the Department of Health and Environmental Control, as constituted in subsection (A), to the Department of Disabilities and Special Needs, Division of Babynet Services and all powers, duties, obligations, and responsibilities of Babynet are devolved upon the Department of Disabilities and Special Needs, Division of Babynet Services.

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 January 1, 2006, the Department of Health and Human Services, as constituted 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 agencies, boards, commissions, and these entities, except for those subdivisions specifically included or transferred to another department, are transferred to the Department of Health Oversight and Finance, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Health Oversight and Finance.

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 Counselors, 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, 2006, the Department of Mental Health, as constituted 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 Behavioral Health Services, Division of Mental Health and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Behavioral Health Services, Division 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 Office of Research and Statistical Services Statistics 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 January 1, 2006, the governing authority of the Department of Natural Resources, as constituted in subsection (A), becomes an advisory board of the department, and all powers, duties, obligations, and responsibilities of the governing authority for the Department of Natural Resources are devolved upon a Director who is appointed by the Governor with the advice and consent of the Senate and who serves at the pleasure of the Governor and may be removed by the Governor pursuant to Section 1-3-240(B).

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.    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.

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 1-30-100.    (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 January 1, 2006, the regulation of day care facilities in the Department of Social Services, including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the regulation of day care facilities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Environmental Control, as constituted in Section 1-30-45(A).

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 the Department of Motor Vehicles, as established by Section 56-1-5, 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 incorporate d 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.;

(8)    the Children's Case Resolution System, as provided for in Section 20-7-5210 et seq.

(B)    Effective January 1, 2006, the following agencies, boards, and commissions, as constituted in subsection (A), 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 Lieutenant Governor:

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

(2)    the Children's Case Resolution System, as provided for in Section 20-7-5210 et seq.; and

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

(C)    Effective July 1, 2006, the following agencies, boards, and commissions, as constituted 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 Behavioral Health Services, Division of Continuum of Care:

Continuum of Care, provided for at Section 20-7-5610, et seq.

Section 1-30-115.    (A)    Effective January 1, 2006, the following agencies, boards, and commissions, as constituted in Section 1-30-110(A), 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 from the Office of the Governor to and incorporated in and shall be administered as part of the Office of the Lieutenant Governor:

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

(2)    the Children's Case Resolution System, as provided for in Section 20-7-5210 et seq.; and

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

(B)    Each transferred office must be maintained as a distinct component of the Office of the Lieutenant Governor. 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.

(C)    Where the provisions of this act transfer offices, or portions thereof, of the Office of the Governor to the Office of the Lieutenant Governor, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Office of the Lieutenant Governor. 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 Office of the Lieutenant Governor, with the same compensation, classification, and grade level, as applicable. The Office of the Governor shall cause all necessary actions to be taken to accomplish this transfer.

(D)    Regulations promulgated by these transferred offices as they formerly existed under the Office of the Governor are continued and are considered to be promulgated by these offices under the Office of the Lieutenant Governor.

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    2.    Unless otherwise provided in this part, the provisions of this part take effect upon approval by the Governor.

PART III

Department of Administration

Subpart 1

SECTION    1.    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 July 1, 2006, the Division of General Services 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)    On and after July 1, 2006, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of:

(1)    three management entities;

(a)    the office of Executive Director;

(b)    the State Auditor; and

(c)    the Chief Information Officer;

(2)    one organizational entity: the Coordinating Council for Cultural and Information Services; and

(3)    seven divisions;

(a)    State House, Legislative, and Judicial Facilities Operations Division,

(b)    the Budget and Analyses Division,

(c)    the Retirement Division,

(d)    the Insurance and Grants Services Division,

(e)    the Procurement Services Division,

(f)    the Strategic Planning and Operations Division, and

(g)    the Internal Audit and Performance Review Division.

(D)    On and after July 1, 2006, the Cultural and Information Services organizational entity of the Budget and Control Board is established, as provided in Article 9 of Chapter 11 of Title 1, to coordinate the activities of the State Library, The State Museum, the Old Exchange Commission, the Department of Archives and History, the Educational Television Commission, the Arts Commission, and the Confederate Relic Room of the Budget and Control Board.

(E)    On and after July 1, 2006, the Budget and Control Board contains an additional division, known as the State House, Legislative, and Judicial Facilities Operations Division, responsible for the operations and management of the State House and its grounds, the Blatt Office Building, the Gressette Office Building, the Supreme Court Building, and the Calhoun Office Building. The Budget and Control Board must not assess any rent, additional rent, or energy surcharges to the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; or the Office of Legislative Printing, Information and Technology Systems for use of the buildings and facilities maintained by this division."

SECTION    2.    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 and management and organizational entities.

(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    3.    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    4.    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.    '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)(a)    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.

(b)    The Budget and Control Board, Statehouse, Legislative and Judicial Facilities Operations Division is hereby designated as the single central broker for the leasing of real property for the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; or the Office of Legislative Printing, Information and Technology Systems. The Budget and Control Board must not assess any rent, additional rent, or energy surcharges to the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; or the Office of Legislative Printing, Information and Technology Systems.

(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    5.    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    6.    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    7.    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    8.    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    9.     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    10.    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    11.    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    12.    Sections 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.

(c)    '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    13.    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 However, 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 ensure 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 shall 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    14.    Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Article 9

Coordinating Council for

Cultural and Information Services

Section 1-11-1310.    (A)    Effective July 1, 2006, without affecting the agencies' existing governing bodies, there is created the Coordinating Council for Cultural and Information Services as an organizational entity in the Budget and Control Board. The membership of the coordinating council consists of the:

(1)    Executive Director of the South Carolina Arts Commission;

(2)    Director of the South Carolina Department of Archives and History;

(3)    Director of the Confederate Relic Room and Museum;

(4)    President of South Carolina Educational Television;

(5)    Director of the South Carolina State Library;

(6)    Director of the South Carolina State Museum; and

(7)    Chairman of the Old Exchange Commission.

(B)    The chairman of the coordinating council must be elected annually by majority vote of the members. A member is not eligible to serve as chairman until he has served in his agency position for more than one year. The chairmanship of the council must rotate among the members, and a member elected as chairman must not serve successive annual terms.

(C)    Staffing for the coordinating council must be provided by the participating agencies.

Section 1-11-1320.    (A)    No later than August 1, 2006, the coordinating council must meet to organize.

(B)    The coordinating council must meet at the call of the chair and at least quarterly, beginning in October of 2006, to discuss ways to enhance the growth and development of the cultural and information services in the State and develop a strategic plan for coordinating activities among the member agencies and consolidating certain services in an effort to avoid duplication and increase efficiency and effectiveness. Following each meeting, the chairman of the coordinating council must make a report to the Executive Director of the Budget and Control Board concerning the plans for coordinated and consolidated activities that the coordinating council is proposing and has implemented.

(C)    The coordinating council may request assistance from the Executive Director and staff of the Budget and Control Board and other state cultural resources in order to achieve its objectives.

Section 1-11-1330.    The coordinating council must make a consolidated report to the Budget and Control Board concerning plans for coordinating services among the agencies of the coordinating council and at such other times as the Board may require. A copy of any consolidated report must also be submitted to the Chairmen of the Senate Judiciary Committees and the House of Representatives Judiciary Committee.

Section 1-11-1340.    (A)    The coordinating council shall make recommendations to the General Assembly as to the policies and programs involved in the State's cultural and information services.

(B)    This section does not limit an agency's direct access to the General Assembly, and each agency shall offer information as a separate and distinct entity as it relates to the budget process.

Section 1-11-1350.    Neither the provisions of Sections 1-11-1310 through 1-11-1350 nor the coordinating council shall infringe upon nor diminish the duties and responsibilities of the governing bodies of the agencies involved."

SECTION    15.    Section 2-47-30 of the 1976 Code is amended to read:

"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    16.    Section 2-47-56 of the 1976 Code is amended to read:

"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    17.    Chapter 9, Title 3 of the 1976 Code is amended to read:

"CHAPTER 9

Acquisition and Distribution of Federal Surplus Property

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    18.    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    19.    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    20.    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    21.    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    22.    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    23.    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    24.    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    25.    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    26.    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; and

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

"(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    29.    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    30.    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 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    31.    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    32.    Chapter 9 of Title 10 of the 1976 Code is amended to read:

"CHAPTER 9

Minerals and Mineral Interests in Public Lands

Article 1

General Provisions

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 the 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 the South Carolina Department of Administration, and such commissions, respectively.

Article 3

Phosphate

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 Board 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 However, the lessee or licensee may shall not take possession if there be is 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.

Article 5

Geothermal Resources

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 of 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 department.

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."

Subpart 2

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, are 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 shall 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 of Health and Environmental Control with respect to safety and environmental protection.

(b)    Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board 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 of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.

(10)    In all respects in which the PSC has power and authority under this chapter, it shall conduct its 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 Environmental Control, the board Department of Administration, 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'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 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 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."

Subpart 3

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

"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 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 Office of the State Chief Information Officer 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."

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), South Carolina Budget and Control Board, Office of Research and Statistics 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 Office 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 Office 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 Section 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."

Subpart 4

Sections 1-11-315, 48-52-435, 48-52-440, and 48-52-460 of the 1976 Code are repealed.

Subpart 5

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

"Article 9

Office of State Chief Information Officer

Section 1-11-1300.     It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within the 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 1-11-1305.     There is created a management entity within the State Budget and Control Board, the Office of the State Chief Information Officer. The office is headed by the State Chief Information Officer who is 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 only 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 1-1-1310.     The Office 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 office.

Section 1-11-1315.     As used in this article,

(1)    'Advisory Council' means the South Carolina Information Technology Advisory Council as established in this article.

(2)    'Board' means the State Budget and Control Board.

(3)    'Exempted state agency' means the Department of Transportation, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the State's four-year public colleges and universities.

(4)    '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, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing, Information and Technology Systems; the Department of Transportation; the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, and the State's four-year public colleges and universities; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(5)    '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 purpose.

(6)    '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.

(7)    '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 office pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the office, 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.

(8)    'Office' means the Office of the State Chief Information Officer.

(9)    'Other state entity' means the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate or State House of Representatives; the Judicial Branch; the Legislative Council; the Office of Legislative Printing, Information and Technology Systems; or any other state agency or department that is not a political subdivision or is not included in the definitions of a governmental body or exempted state agency.

(10)    '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.

(11)    '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 1-11-1320.    (A)    There is created the South Carolina Information Technology Advisory Council.

(B)    The advisory 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 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 advisory council.

(D)    Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the advisory council while they hold that office.

(E)    Members serve without compensation, but citizen members of the advisory 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 advisory council.

(F)    The powers and duties of the advisory council include the following:

(1)    make recommendations for the coordinated statewide strategic plan for information technology prepared by the office;

(2)    make recommendations for the statewide strategic information technology directions, standards, and enterprise architecture prepared by the office;

(3)    make recommendations concerning a process to assess information technology plans and information technology projects as provided in Section 1-11-1335(4);

(4)    make recommendations concerning the procedures developed by the office for the allocation and distribution of funds from the Information Technology Innovation Fund;

(5)    upon request of the State Chief Information Officer or the board, make recommendations concerning the advisability of granting governmental bodies exemptions from the requirements imposed by the Chief Information Officer as provided in this article;

(6)    upon request of the State Chief Information Officer or the board, make recommendations concerning the termination of any information technology project of a governmental body or governmental bodies; and

(7)    upon request of the board, may review decisions of the office concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.

Section 1-11-1325.    (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 office'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 shall not receive per diem.

Section 1-11-1330.     The powers and duties of the office include the following:

(1)    develop for approval by the board a coordinated statewide strategic plan for information technology;

(2)    develop for approval by the board 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 office 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)    in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness, and cross agency information sharing. If the State Chief Information Officer and a governmental body or governmental bodies do not agree on a merger determination by the State Chief Information Officer, the governmental body or governmental bodies may seek a waiver from the determination by following the appeal process in Section 1-11-1355;

(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 office 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 office;

(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 office 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 office 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 1-11-1335.     The office 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 board approval a process for approving the information technology plans of governmental bodies;

(3)    establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;

(4)    develop for the board's approval a process for approving 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. Before initiating any information technology project proposed by a governmental body or governmental bodies that exceeds an amount set or adjusted by the board, but initially set at four hundred thousand dollars, the project must be approved, as provided in the approval process. Governmental bodies shall not artificially divide these projects so as to avoid the approval process;

(5)    monitor approved information technology projects. The office 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 office and the sponsoring governmental body. Upon suspension of an information technology project, the State Chief Information Officer must submit to the board a recommended action plan at the board's next regularly scheduled meeting. The governmental body may respond to the State Chief Information Officer's recommended action plan when it is presented to the board. Upon notifying a governmental body and giving the governmental body an opportunity to be heard, the board may terminate projects upon recommendation of the State Chief Information Officer;

(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 1-11-1340.    (A)    The office 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, other state entity, or exempted state agency, the office may supply telecommunications goods and services to the political subdivision, other state entity, or exempted state agency under terms and conditions agreed upon by the office and the political subdivision, other state entity, or exempted state agency.

(C)    A governmental body shall not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the office.

Section 1-11-1345.    (A)    The office 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 office may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;

(3)    recommend to the board 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, other state entities, and exempted state agencies for the procurement of information technology and allow political subdivisions, other state entities, and exempted state agencies to participate in the office's procurement of information technology under terms and conditions established by the office; and

(5)    participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.

(B)    If requested by a political subdivision, other state entity, or exempted state agency, the office may supply information technology goods and services to the political subdivision, other state entity, or exempted state agency under terms and conditions agreed upon by the office and the political subdivision, other state entity, or exempted state agency.

(C)    An exempted state agency must follow the requirements of the South Carolina Consolidated Procurement Code and related regulations in making information technology procurements.

Section 1-11-1350.    The office 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 office 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 office in the collection of data required for this plan;

(2)    to 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 office 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 1-11-1355.    (A)    Each governmental body is required to develop an information technology plan and submit the plan to the office for approval. The office may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards.

(B)    A governmental body or governmental bodies may seek a waiver from the standards, requirements, or merger determinations as provided in this article by submitting a request for a waiver to the State Chief Information Officer.

(C)    The State Chief Information Officer must consider the technological and financial impact on the State as a whole and on the specific governmental body or governmental bodies in making a determination regarding the waiver.

(D)    In deciding whether to grant the request or upon the request of the governmental body or governmental bodies, the State Chief Information Officer may seek a recommendation concerning the waiver from the advisory council.

(E)    If the State Chief Information Officer denies the request for a waiver, the governmental body or governmental bodies may seek review of the denial by the board. The governmental body or governmental bodies and State Chief Information Officer must present information concerning the waiver to the board, and the board may request a recommendation from the advisory council if one has not been previously obtained.

(F)    The board's decision concerning the waiver is final, but does not preclude the governmental body or governmental bodies from seeking a subsequent waiver through the appeal process in this section upon a showing of substantial change in circumstances.

Section 1-11-1360.    (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 office that are not reimbursable through a fee-for-service methodology. The office 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 shall 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 office, with the approval of the board, is responsible for developing appropriate procedures for the allocation and distribution of these funds."

SECTION    2.    Section 1-11-430 of the 1976 Code is repealed.

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

"CHAPTER 8

Office of the State Inspector General

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 than 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."

Subpart 6

SECTION    1.    This part takes effect July 1, 2006.

PART IV

Organization of the Office of the Lieutenant Governor

SECTION    1.    Section 20-7-2379 of the 1976 Code, as last amended by Act 7 of 1999, is further amended to read:

"Section 20-7-2379.    Division for Review of the Foster Care of Children; Board; membership, terms of office, and meetings; employment of director; promulgation of regulations.

(A)    There is created, as part of the Office of the Lieutenant Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Lieutenant Governor with the advice and consent of the Senate.

(B)    Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Appointments must be made by the Lieutenant Governor for terms of four years to expire on June thirtieth of the appropriate year.

(C)    The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board.

(D)    The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the Lieutenant Governor and the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in Section 20-7-2376(A) and (B). These recommendations must be submitted to the Lieutenant Governor and included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards.

(E)    The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.

(F)    The Lieutenant Governor may employ a division director to serve at the Lieutenant Governor's pleasure who may be paid an annual salary to be determined by the Lieutenant Governor. The director may be removed pursuant to Section 1-3-240. The director shall employ staff as is necessary to carry out this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Lieutenant Governor.

(G)    This subarticle may not be construed to provide for subpoena authority."

SECTION    2.    Section 20-7-2385 of the 1976 Code, as last amended by Act 67 of 1991, is further amended to read:

"Section 20-7-2385.    There are created sixteen local boards for review of cases of children receiving foster care, one in each judicial circuit, composed of five members appointed by the Lieutenant Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Lieutenant Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Lieutenant Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman.

If the board of directors determines that additional local review boards are necessary in a judicial circuit because of an excessively large case load for review or if the local board is no longer necessary because of a reduced case load, the board may create or dissolve local review boards by resolution, and the boards created have all authority and duties provided for the boards by the provisions of this subarticle.

In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."

SECTION    3.    Section 20-7-2386(A) of the 1976 Code, as added by Act 95 of 1995, is amended to read:

"(A)    No person may be employed by the Division for Review of the Foster Care of Children, Office of the Lieutenant Governor, or may serve on the state or a local foster care review board if the person:

(1)    is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Section 20-7-680;

(2)    has been convicted of or pled guilty or nolo contendere to:

(a)    an 'offense against the person' as provided for in Title 16, Chapter 3;

(b)    an 'offense against morality or decency' as provided for in Title 16, Chapter 15; or

(c)    contributing to the delinquency of a minor, as provided for in Section 16-17-490."

SECTION    4.    Section 20-7-5210 of the 1976 Code is amended to read:

"Section 20-7-5210.    There is created the Children's Case Resolution System, referred to in this article as the System, which is a process of reviewing cases on behalf of children for whom the appropriate public agencies collectively have not provided the necessary services. The System must be housed in and staffed by the Governor's Office of the Lieutenant Governor."

SECTION    5.    Section 20-7-5240 of the 1976 Code is amended to read:

"Section 20-7-5240.    The functions of the System include, but are not limited to, the following:

(a)    receive case referrals from any source;

(b)    review each case referred and continue in the System only the cases in which individual public agency and interagency efforts to resolve the case have been exhausted;

(c)    conduct meetings with public agency representatives designated by the System as relevant to the case for the purpose of obtaining the unanimous consent of the designated agencies in the development of a plan for each child and designating the responsibilities of each agency pursuant to that plan. Each agency requested by the System shall send a representative to the meetings and shall provide information and assistance as may be required by the System. Parties that have prior experience with the child or who logically are presumed to have service delivery responsibility for the child shall participate;

(d)    convene a committee composed of public agency heads designated by the System as relevant to the case when unanimous consent is not obtained as required in item (c) for the purpose of obtaining the unanimous consent of the designated agencies in determining the child's service needs and designating the responsibilities of each agency as they relate to the child's service needs. Each agency must be represented by the agency head or by a member of the agency staff having the power to make final decisions on behalf of the agency head;

(e)    when unanimous consent is not obtained as required in item (d), a panel must be convened composed of the following persons:

(1)    one public agency board member and one agency head appointed by the Lieutenant Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case;

(2)    one legislator appointed by the Lieutenant Governor upon the recommendation of the Joint Legislative Committee on Children; and

(3)    two members appointed by the Lieutenant Governor, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the System, who have knowledge of public services for children in South Carolina.

The chairman must be appointed by the Lieutenant Governor from members appointed as provided in subitem (3) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (c) and (d) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the State Budget and Control Board. When the panel identifies similar cases that illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may not accept any similar cases for decision until the General Assembly takes appropriate action, however, the System may continue to perform the functions provided in items (c) and (d).

Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (1) and (2) of this item, and the System is responsible for the compensation of the members appointed in subitem (3) of this item;

(f)    monitor the implementation of case findings and panel recommendations to assure compliance with the decisions made by the System for each child;

(g)    recommend improvements for the purpose of enhancing the effective operation of the System and the delivery of service to children by public agencies;

(h)    submit an annual report on the activities of the System to the Lieutenant Governor, the Joint Legislative Committee on Children, and agencies designated by the System as relevant to the cases; and

(i)     compile and transmit additional reports on the activities of the System, and recommendations for service delivery improvements, as necessary, to the Lieutenant Governor and the Joint Legislative Committee on Children."

SECTION    6.    Section 43-21-10 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:

"Section 43-21-10.    (A)    There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an the Advisory Council Committee on Aging consisting of:

(1)    the Lieutenant Governor or his designee;

(2)    one member from each of the ten planning and service areas under the Division on Aging and;

(3)    one representative of each of the following groups appointed by the Lieutenant Governor annually:

(a)    long-term care providers;

(b)    long-term care consumers; and

(c)    persons in the insurance industry developing or marketing a long-term care product; and

(4)    five members from the State at large.

The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council committee, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council committee, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council committee from its members for a term of two years and until a successor is elected. Members of the council committee shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council committee shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council committee for the governance of its operations and activities.

(B)    The Advisory Committee on Aging shall identify future policy issues in aging and long-term care and may conduct research and demonstration activities related to these issues."

SECTION    7.    Section 43-21-20 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:

"Section 43-21-20.    (A)    The members of the advisory council committee shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No A member may not serve more than two consecutive terms.

(B)    The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council committee."

SECTION    8.     Section 43-21-45 of the 1976 Code, as amended by Act 336 of 1994, is further amended to read:

"Section 43-21-45.    The Lieutenant Governor's Office, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."

SECTION    9.    Section 43-21-60 of the 1976 Code, as last amended by Section 1020 of Act 181 of 1993, is further amended to read:

"Section 43-21-60.    The division, through the Lieutenant Governor, shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."

SECTION    10.    Section 43-21-70 of the 1976 Code, as last amended by Section 1021 of Act 181 of 1993, is further amended to read:

"Section 43-21-70.    The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240 at his discretion."

SECTION    11.    Section 43-21-100 of the 1976 Code, as last amended by Section 1023 of Act 181 of 1993, is further amended to read:

"Section 43-21-100.    The division shall prepare the annual budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."

SECTION    12.    Section 43-21-110 of the 1976 Code is amended to read:

"Section 43-21-110.    The General Assembly shall provide an annual appropriation to carry out the work of the Commission Division on Aging in the Office of the Lieutenant Governor."

SECTION    13.    Section 43-21-150 of the 1976 Code, as last amended by Section 1026 of Act 181 of 1993, is further amended to read:

"Section 43-21-150.    The Division on Aging, with the cooperation assistance of the Long Term Care Council Advisory Committee and the Department of Insurance, shall develop and implement a program to educate citizens concerning:

(a)    the availability of long term care services;

(b)    the lifetime risk of spending some time in a nursing home;

(c)    the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and

(d)    the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.

This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems."

SECTION    14.    Sections 43-21-120, 43-21-130, and 43-21-140 of the 1976 Code are repealed.

SECTION    15.    This part takes effect on January 1, 2006.

PART V

Department of Behavioral Health Services

Subpart 1

SECTION    1.    Section 8-11-945 of the 1976 Code is amended to read:

"Section 8-11-945.    For the purposes of this article, local health care providers of the Department of Disabilities and Special Needs, Division of Mental Retardation, Department of Behavioral Health Services, Department Division of Alcohol and Other Drug Abuse Services, and the South Carolina Division on Aging are eligible for the base pay increase and performance pay increase as prescribed."

SECTION    2.    Section    9-11-10(23)(b) of the 1976 Code is amended to read:

"(b)    an employee after January 1, 2000, of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services who, by the terms of his employment, is a peace officer as defined by Section 24-1-280.

Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."

SECTION    3.    Section 11-11-170 of the 1976 Code is amended to read:

"Section 11-11-170.    (A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section.

(B)(1) Seventy-three percent of the revenues must be used for healthcare programs. These revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:

(a) for fiscal year 2000-2001 only, the first twenty million dollars available from the principal derived from securitization must be used for hospital base increase;

(b) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;

(c) home and community-based programs for seniors coordinated by the Department of Health and Human Services Oversight and Finance;

(d) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department Division of Alcohol and Other Drug Abuse Services;

(e) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;

(f) disease prevention and elimination of health disparities: diabetes, HIV/AIDS, hypertension, and stroke, particularly in minority populations;

(g) other health related issues as determined by the General Assembly.

(2) Fifteen percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse:

(a) tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, "tobacco quota owner" and "tobacco grower" have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230;

(b) after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a) After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund.

(3) Ten percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Economic Development Fund. Earnings on the fund must be credited to the fund. This fund must be used for the following programs:

(a) the first eighty million dollars credited to the fund is set aside to be used for the purposes specified in this item except for subitem (b);

(b) for Fiscal Year 2000-2001 only, the next ten million dollars credited to the fund must be set aside to be available to be appropriated and used in accordance with the provisions of Section 12-37-2735; and

(c) the remaining revenue credited to the fund must be used to fund the South Carolina Water and Wastewater Infrastructure Fund as provided in Section 13-1-45.

(4) Two percent of the revenues, or the funds obtained pursuant to Chapter 49 of Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Local Government Fund. Earnings on the fund must be credited to the fund. This fund must be used to fund the operation of and grants distributed by the Office of Local Government of the Division of Regional Development of the Budget and Control Board, or its successor in interest.

(C) In addition to those investments allowed pursuant to Section 11-9-660, the State Treasurer may invest and reinvest the revenues payable to the State pursuant to the Tobacco Master Settlement Agreement or funds raised pursuant to the provisions of Chapter 49 of this title and credited to the funds established by this section in any obligations of a corporation, state, or political subdivision denominated in United States dollars if the obligations bear an investment grade rating of at least two nationally recognized rating services."

SECTION    4.    Section    12-21-2975 of the 1976 Code is amended to read:

"Section 12-21-2975.    All soft drinks, playing cards, cigarettes and tobacco products confiscated under this chapter shall be donated to the Department Division of Mental Health in the Department of Behavioral Health Services for patient use. The items listed in this section shall not be subject to the advertisement and sale provisions as provided for in this chapter."

SECTION    5.    Sections 14-1-203(2) of the 1976 Code is amended to read:

"(2)    10.04 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;"

SECTION    6.    Section 14-1-204(2) of the 1976 Code is amended to read:

"(2)    7.23 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;"

SECTION    7.    Section 14-1-205(2) of the 1976 Code is amended to read:

"(2)    16.73 percent to the Department Division of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;"

SECTION    8.    Section 14-1-208(C)(7) of the 1976 Code is amended to read:

"(7)     .97 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;"

SECTION    9.    The last paragraph of Section 16-25-20 of the 1976 Code is amended to read:

"An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department Division of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."

SECTION    10.    Section 16-25-65(B) of the 1976 Code is amended to read:

"(B)    A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."

SECTION    11.    Section 17-24-40(F) of the 1976 Code is amended to read:

"(F)    If a person is committed to the supervision of the Department Division of Mental Health in the Department of Behavioral Health Services pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may shall not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."

SECTION    12.    Section 20-7-670(F) of the 1976 Code is amended to read:

"(F)    The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department Division of Mental Health, Department of Behavioral Health Services."

SECTION    13.    Section 20-7-765 of the 1976 Code is amended to read:

"Section 20-7-765.    (A)    When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the placement plan ordered pursuant to Section 20-7-764:

(1)    The parent successfully must complete a treatment program operated by the Department Division of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;

(2)    Any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol successfully must complete a treatment program approved by the department before return of the child to the home; and

(3)    The parent or other adult, or both, identified in item (2) must submit to random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized closed.

(B)    Results of tests ordered pursuant to this section must be submitted to the department and are admissible only in family court proceedings brought by the department."

SECTION    14.    Section 20-7-2725(A)(4)(c) of the 1976 Code is amended to read:

"(c)    the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department Division of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.

A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a childcare center, group childcare home, family childcare home, or church or religious childcare center."

SECTION    15.    Article 23, Chapter 7, Title 20 of the 1976 Code is amended to read:

"Article 23

Division of Continuum of Care for Emotionally Disturbed Children

Section 20-7-5610.    It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Division of Continuum of Care for Emotionally Disturbed Children Division is established in the office of the Governor Department of Behavioral Services. This article supplements and does not supplant existing services provided to this population.

Section 20-7-5640.    (A)(1)    The Division of Continuum of Care serves children:

(a) who have been diagnosed as severely emotionally disturbed;

(b) who have exhausted existing available treatment resources or services;

(c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care.

(2)    Priority in the selection of clients must be based on criteria to be established by the Division of Continuum of Care.

(B)    Before a court refers a child to the Division of Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding:

(1)    the child's suitability for placement with the Division of Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation;

(2)    the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs;

(3)    the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.

Section 20-7-5650.    The Division of Continuum of Care shall perform the following duties and functions:

(1)    identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;

(2)    coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;

(3)(a)    augment existing resources by providing or procuring services to complete the range of services needed to serve this population in the least restrictive, most appropriate setting. The scope of services includes, but is not limited to:

1.    in-home treatment programs;

2.    residential treatment programs;

3.    education services;

4.    counseling services;

5.    outreach services;

6.    volunteer and community services.

(b)    provide needed services until they can be procured;

(4)    provide case management services directly;

(5)    supervise and administer the development and operation of its activities and services on a statewide regional basis.

Section 20-7-5655.    (A)    Records, reports, applications, and files kept on any client or potential client of the Division of Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless:

(1)    the client or potential client or his guardian consents;

(2)    a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest;

(3)    disclosure is necessary for research conducted or authorized by the Division of Continuum of Care; or

(4)    disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client.

(B)    Nothing in this section:

(1)    precludes disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or

(2)    requires the release of records of which disclosure is prohibited or regulated by federal law.

(C)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 20-7-5660.    The Governor Secretary of the Department of Behavioral Health Services may employ a director Division Chief to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The director Division Chief shall employ staff necessary to carry out the provisions of this article. The funds for the director Division Chief, staff, and other purposes of the Division of Continuum of Care Division must be provided in the annual general appropriations act. The division shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.

Section 20-7-5670.    The Division of Continuum of Care Division shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children."

SECTION    16.    Section 20-7-5710 of the 1976 Code is amended to read:

"Section 20-7-5710.    There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Division of Continuum of Care , Department of Behavioral Health Services, for Emotionally Disturbed Children of the Governor's Office, the Department of Disabilities and Special Needs, the State Department of Health and Human Services Finance Commission Oversight and Finance, the Department Division of Mental Health, Department of Behavioral Health Services, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers."

SECTION    17.    Section 20-7-5910(A) of the 1976 Code is amended to read:

"(A)    There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1)    the Commissioner Director of the South Carolina Department of Social Services;

(2)    the Commissioner of the South Carolina Department of Health and Environmental Control;

(3)    the State Superintendent of Education;

(4)    the Executive Director of the South Carolina Criminal Justice Academy;

(5)    the Chief of the State Law Enforcement Division;

(6)    the Commissioner Division Chief of the South Carolina Commission Division on of Alcohol and Other Drug Abuse, Department of Behavioral Health Services;

(7)    the Commissioner Division Chief of the State Department Division of Mental Health, Department of Behavioral Health Services;

(8)    the Commissioner Director of the State Department of Mental Retardation Disabilities and Special Needs;

(9)    the Commissioner Director of the Department of Youth Services Juvenile Justice;

(10)    an attorney with experience in prosecuting crimes against children;

(11)    a county coroner or medical examiner;

(12)    a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics;

(13)    a solicitor;

(14)    a forensic pathologist; and

(15)    two members of the public at large, one of which must represent a private nonprofit organization that advocates children services."

SECTION    18.    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 Division of Mental Health in the Department of Behavioral Health Services, the Department of Corrections, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order."

SECTION    19.    Section    20-7-9710(F) of the 1976 Code is amended to read:

"(F)    The chief executive officer of each of the following shall serve as an ex officio nonvoting member:

(a)    Department of Social Services or his designee;

(b)    Department of Health and Environmental Control or his designee;

(c)    Department of Health and Human Services Oversight and Finance or his designee;

(d)    Department Division of Mental Health, the Department of Behavioral Health Services or his designee;

(e)    Department of Disabilities and Special Needs or his designee;

(f)    Department Division of Alcohol and Other Drug Abuse Services, the Department of Behavioral Health Services or his designee;

(g)    Department of Transportation or his designee;

(h)    Budget and Control Board, Division of Research and Statistics or his designee; and

(i)    State Board for Technical and Comprehensive Education."

SECTION    20.    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, 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    21.    Section 24-1-280 of the 1976 Code is amended to read:

"Section 24-1-280.    An employee of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the Department Division of Mental Health, Department of Behavioral Health Services, whose assigned work location is one of the correctional facilities of the Department of Corrections or the 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    22.    Section 24-3-110 of the 1976 Code is amended to read:

"Section 24-3-110.    The State Department of Corrections 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 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    23.    Article 19, Chapter 13, Title 24 of the 1976 Code is amended to read:

"Article 19

The Center for Alcohol and Drug Rehabilitation

Section 24-13-1910.     There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections 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 Division 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 Division 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, 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 to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department Division of Alcohol and 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.    Section 24-13-2140 of the 1976 Code is amended to read:

"Section 24-13-2140.    The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections 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 information concerning post-release job training and employment referral services and information concerning services that may be available from the Department Division of Alcohol and Other Drug Abuse Services, and the Department Division of Mental Health, both in the Department of Behavioral Health Services, and the Office of Veterans Affairs;

(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    25.    Section 24-23-40 of the 1976 Code is amended to read:

"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 of Vocational Rehabilitation,; and the Department Division of Mental Health, and the Department Division of Alcohol and Other Drug Abuse Services, both in the Department of Behavioral Health 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    26.    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 Specialties 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, South Carolina Department of Health and Environmental Control, State Department Division of Mental Health, Department of Behavioral Health Services, and Department 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    27.    Section 40-55-90(A)(10) of the 1976 Code is amended to read:

"(10)    a South Carolina Department Division of Alcohol and Other Drug Abuse Services employee who:

(a)    holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor;

(b)    is employed in a position that is directly or indirectly funded through the South Carolina Department Division of Alcohol and Other Drug Abuse Services or its local contract providers; and

(c)    provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;"

SECTION    28.    Section 40-75-290 of the 1976 Code is amended to read:

"Section 40-75-290.    This article does not apply to:

(1)    salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local:

(a)    governmental agency;

(b)    licensed mental health or alcohol or drug abuse facility;

(c)    accredited academic institutions;

(d)    licensed, formally accredited nonprofit agencies; or

(e)    research institutions.

(2)    persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study;

(3)    nonresidents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than five days a month, and no more than thirty days in any calendar year;

(4)    volunteers accountable to a sponsoring agency;

(5)    qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article;

(6)    a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article;

(7)    members of peer groups or self-help groups when engaging in or offering self-help assistance as part of peer support groups or self-help organizations including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services;

(8)    a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification Commission, or an International Certification Reciprocity Consortium approved certification board may perform alcohol and drug abuse counseling services if that person works under the direct supervision of a behavioral health professional who is employed in a position that is directly or indirectly funded through the South Carolina Department Division of Alcohol and Other Drug Abuse Services or its local contract provider programs; and

(9)    a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification, an International Certification Reciprocity Commission approved certification board, the American Academy of Health Care Providers in the Addictive Disorders, the National Board for Certified Counselors, Inc., or any other equivalent, nationally recognized, and South Carolina Department Division of Alcohol and Other Drug Abuse Services approved association or accrediting body that includes similar competency-based testing, supervision, education, and substantial experience may perform alcohol and drug abuse counseling services in a methadone treatment facility. Persons employed in a methadone treatment facility who lack credentialing may work under the supervision of a credentialed counselor if the person is also enrolled in, and progressing toward, a certification, as referenced in this item, and may not represent or advertise himself as a licensed professional counselor or a licensed marriage and family therapist."

SECTION    29.    Section 40-75-300 of the 1976 Code is amended to read:

"Section 40-75-300.    The board shall establish licensure for alcohol and drug counselors consistent with regulations promulgated by the department and the South Carolina Department Division of Alcohol and Other Drug Abuse Services."

SECTION    30.    Section 42-1-480 of the 1976 Code is amended to read:

"Section 42-1-480.    Any inmate of the State Department of Corrections, 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 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 for confinement. An inmate who has been sentenced to the Department of Corrections 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 for purposes of this section.

This section shall not apply to patients of the South Carolina Department Division of Mental Health in the Department of Behavioral Health Services 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    31.    Section 43-5-1185 of the 1976 Code is amended to read:

"Section 43-5-1185.    As a condition of eligibility for Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.

This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department Division of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.

This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion."

SECTION    32.    Section 43-5-1190 of the 1976 Code is amended to read:

"Section 43-5-1190.    A Family Independence recipient who, while receiving FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department Division of Alcohol and Other Drug Abuse Services in the Department of Behavioral Health Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing."

SECTION    33.    Section 43-21-120 of the 1976 Code is amended to read:

"Section 43-21-120.    There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department Division Chief of the Division of Mental Health, Department of Behavioral Health Services, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services Oversight and Finance, the Director of the Department Division Chief of the Division of Alcohol and Other Drug Abuse Services, Department of Behavioral Health Services, and the Chairperson of the Commission on Women.

The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.

The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.

The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section."

SECTION    34.    A.    Section 43-35-10(4) of the 1976 Code is amended to read:

"(4)    'Facility' means a nursing care facility, community residential care facility, a psychiatric hospital, or a facility operated or contracted for operation by the State Department Division of Mental Health, Department of Behavioral Health Services or the South Carolina Department of Mental Retardation Disabilities and Special Needs."

B.     Section 43-35-310(A) of the 1976 Code is amended to read:

"(A)    There is created the Adult Protection Coordinating Council under the auspices of the State Department of Health and Human Services Finance Commission Oversight and Finance and is comprised of:

(1)    one member from the institutional care service provision system or a family member of a consumer of that system and one member from the home and community-based service provision system or a family member of a consumer of that system, both of whom must be appointed by the Governor for terms of two years; and

(2)    these members who shall serve ex officio:

(a)    Attorney General or a designee;

(b)    Board of Long Term Health Care Administrators, Executive Director, or a designee;

(c)    State Board of Nursing for South Carolina, Executive Director, or a designee;

(d)    Commission on Aging, Executive Director, or a designee;

(e)    Criminal Justice Academy, Executive Director, or a designee;

(f)    South Carolina Department of Health and Environmental Control, Commissioner, or a designee;

(g)    State Department Division of Mental Health, Department of Behavioral Health Services, Commissioner Division Chief, or a designee;

(h)    South Carolina Department of Mental Retardation Disabilities and Special Needs, Commissioner Director, or a designee;

(i)     Adult Protective Services Program, Director, or a designee;

(j)     Health and Human Services Finance Commission Oversight and Finance, Executive Director, or a designee;

(k)    Joint Legislative Committee on Aging, Chair, or a designee;

(l)     Police Chiefs' Association, President, or a designee;

(m)    Prosecution Coordination Commission, Executive Director, or a designee;

(n)    South Carolina Protection and Advocacy System for the Handicapped, Inc., Executive Director, or a designee;

(o)    South Carolina Sheriff's Association, Executive Director, or a designee;

(p)    South Carolina Law Enforcement Division, Chief, or a designee;

(q)    Long Term Care Ombudsman or a designee;

(r)    South Carolina Medical Association, Executive Director, or a designee;

(s)    South Carolina Health Care Association, Executive Director, or a designee;

(t)     South Carolina Home Care Association, Executive Director, or a designee."

SECTION    35.    Section 44-7-210(F) of the 1976 Code is amended to read:

"(F)    The department may not issue a Certificate of Need approval for a methadone treatment facility until licensure standards are promulgated by the department, in accordance with the Administrative Procedures Act, for these facilities. The department shall convene a study group to revise and propose licensure standards for methadone clinics. The study group shall consist of representatives of the department, the Department Division of Alcohol and Other Drug Abuse Services, methadone providers in South Carolina, and the Medical University of South Carolina. The licensure standards shall include standards for location of these facilities within the community. Methadone treatment facilities licensed as of January 1, 1997, must not be required to obtain a Certificate of Need pursuant to this section."

SECTION    36.    Article 21, Chapter 7, Title 44 of the 1976 Code is amended to read:

"Article 21

Infants and Toddlers with Disabilities

Section 44-7-2510.    This article may be cited as the 'Infants and Toddlers with Disabilities Act'.

Section 44-7-2515.    The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter VIII.

Section 44-7-2520.    As used in this article unless the context otherwise requires:

(1)    'Department Division of Babynet Services' or 'Division' means the Division of Babynet Services in the Department of Disabilities and Special Needs and the Department of Disabilities and Special Needs is the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated.

(2)    'Infants and toddlers with disabilities' means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(3)    'Early intervention services' are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services.

(4)    'Council' means the State Interagency Coordinating Council which must be established in conformance with federal regulations.

Section 44-7-2530.    (A) The department The Division of Babynet Services must:

(1)    monitor programs and activities to ensure compliance with federal law and regulations;

(2)    identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources;

(3)    develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers;

(4)    develop procedures to ensure resolution of intraagency and interagency disputes;

(5)    develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes.

(B)    To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department division shall assign financial responsibility among agencies providing early intervention services.

(C)    All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.

Section 44-7-2540.    (A)    The State Interagency Coordinating Council shall advise and assist the department the Division of Babynet Services in developing a comprehensive interagency system to provide early intervention services for all eligible infants and toddlers with disabilities and their families.

(B)    The comprehensive interagency system must implement:

(1)    a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with disabilities in the State, including the needs of their families relating to enhancing the child's development;

(2)    a written individualized family service plan for each eligible infant or toddler with a disability;

(3)    a comprehensive method of identifying infants and toddlers with disabilities;

(4)    a public awareness program focusing on early identification of infants and toddlers with disabilities;

(5)    access to a central directory which includes early intervention services, resources, and experts available in the State;

(6)    a comprehensive system of personnel development for those who serve eligible infants and toddlers with disabilities;

(7)    formal interagency agreements which:

(a)    define the responsibility of each agency for providing and paying for early intervention services;

(b)    coordinate programs so as to permit children and their families to move easily among agencies in the system;

(c)    adopt uniform program, health, and safety standards;

(d)    contain procedures for resolving disputes;

(8)    procedural safeguards as required by federal and state law;

(9)    a method for compiling data on the number of infants and toddlers with disabilities in the State in need of early intervention services, the number served, the types of disabilities, the types of services provided, and other information required by the federal government or needed to deliver services effectively.

(C)    Early intervention services must be available through the comprehensive interagency system and provided by appropriate state agencies in accordance with time requirements of Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the individual family service plan for each eligible infant or toddler.

Section 44-7-2550.    The department Division of Babynet Services shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement, when appropriate, the department division may develop standards addressing the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.

Section 44-7-2560.    (A)    Based on the assessment provided for in Section 44-7-2540 an individualized family service plan must be developed by a multidisciplinary team of appropriate qualified personnel which also must include the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:

(1)    a statement of the present levels of physical, cognitive, psychosocial, communication, and self-help skill development for the infant or toddler with disabilities;

(2)    a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;

(3)    with concurrence of the family, a statement of the family's resources relating to enhancing the child's development;

(4)    a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;

(5)    a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services and payment arrangement, if any;

(6)    the projected dates for initiation of services and the anticipated duration of services;

(7)    the name of the service coordinator. The service coordinator is responsible for the implementation of the plan and coordination with other agencies and persons;

(8)    the steps necessary to support transition of the child to other programs, if appropriate.

(B)    The individualized family service plan must be developed within the time established by the department Division of Babynet Services after the child initially is referred and after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan, provided an interim plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department division, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at three-month intervals or more frequently, if appropriate.

Section 44-7-2570.    (A)    Families must not be charged for early intervention services provided pursuant to this article.

(B)    Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities.

(C)    Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department Division of Babynet to the Joint Legislative Committee on Children Director of the Department of Disabilities and Special Needs on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request.

Section 44-7-2590.    All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Section 44-7-2600.    By August first of each year the department Division of Babynet shall submit an annual report to the Joint Legislative Committee on Children Director of the Department of Disabilities and Special Needs regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.

Section 44-7-2610.    (A)    County or multicounty local interagency coordinating councils (ICC) representing each county in the State must be established. Membership on each council must consist of parents, providers, local agencies, and government agencies.

(B)    The function of the local ICC will be to advise and assist the state council and the department Division of Babynet Services in planning and implementing a system of early intervention services at the local community level.

(C)    Each local ICC shall report to the state council on the status of early intervention services in its county.

(D)    With prior approval by the department division and the state council, local ICC's may enter into local interagency agreements. Local ICC's may give advice and assistance to local early intervention projects. No member of a local ICC may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state law."

SECTION    37.    Chapter 9, Title 44 of the 1976 Code is amended to read:

"CHAPTER 9

State Department Division Of Mental Health

Section 44-9-10.    There is hereby created the State Department Division of Mental Health in the Department of Behavioral Health Services which shall have jurisdiction over all of the State's mental hospitals, clinics and centers, joint State and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.

Section 44-9-20.    All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department Division of Mental Health. All records, files and other papers belonging to the South Carolina Mental Health Commission shall be continued as part of the records and files of the Department Division of Mental Health.

Section 44-9-30.    (A)(1)    There is created the governing advisory board for the State Department Division of Mental Health known as the South Carolina Mental Health Commission Advisory Board. The commission advisory board consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows:

(a)    one member from each of the six congressional districts;

(b)    one member from the State at large.

(2)    The Governor shall consider consumer and family representation when appointing members.

(B)    The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240(B). A vacancy must be filled by the Governor for the unexpired portion of the term.

(C)    The commission shall determine advisory board shall advise the Division regarding policies and promulgate regulations governing the operation of the Department Division and the employment of professional and staff personnel.

(D)    The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.

Section 44-9-40.    The Mental Health Commission Secretary of the Department of Behavioral Health Services, shall appoint and remove a State Director of Mental Health Division Chief, who is the chief executive of the State Department Division of Mental Health. Subject to the supervision and control of the Mental Health Commission Secretary of the Department of Behavioral Health Services, the state director Division Chief shall administer the policies and regulations established by the commission of the division. The director Division Chief must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director Division Chief must appoint and remove all other officers and employees of the Department Division of Mental Health, subject to the approval of the Mental Health Commission Secretary.

Section 44-9-50.    The Department Division of Mental Health may be divided into such divisions as may be authorized by the Director of Mental Health and approved by the commission subdivision areas. These divisions subdivision areas may be headed by deputy commissioners directors, as determined by the Division Chief and approved by the Secretary of the Department of Behavioral Health Services, but any deputy commissioner director heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions program areas shall be a Division on the Alcohol and Drug Addiction Program which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions program areas shall be a Division for the Long-Term Care Program which shall have primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private.

Section 44-9-60.    The Director Division Chief of the Department Division of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission. Each superintendent shall be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the Department Division of Mental Health shall be responsible for the employment of all personnel at the institution, subject to the approval of the director of the department Division Chief of the Division. The director Division Chief may serve as superintendent of one or more hospitals or other mental health facilities.

Section 44-9-70.    The State Department Division of Mental Health is hereby designated as the State's mental health authority for purposes of administering Federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended. The State Department Division of Mental Health is further designated as the State agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in Federal-State grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that However, nothing in this article shall be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing Nothing herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code and amendments thereto.

Section 44-9-80.    Payments made to a mental health facility which are derived in whole or in part from Federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State Department Division of Mental Health to improve South Carolina's comprehensive mental health program.

Section 44-9-90.    The Commission Division of Mental Health shall have the following rights, powers and duties:

(1)    It shall form a body corporate in deed and in law with all the powers incident to corporations;

(2)    It shall cooperate with persons in charge of penal institutions in t his State for the purpose of providing proper care and treatment for mental patients confined therein because of emergency;

(3)    It shall inaugurate and maintain an appropriate mental health education and public relations program;

(4)    It shall collect statistics bearing on mental illness, drug addiction, and alcoholism, as well as study the cause, pathology, and prevention of mental defects and diseases;

(5)    It shall provide moral and vocational training and medical and surgical treatment which will tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, mental defectiveness, epilepsy, drug addiction and alcoholism; and

(6)    It shall encourage the superintendents of institutions and their medical staffs in the investigation and study of these subjects and of mental hygiene in general; and

(7)    It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce and prevent mental illness and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction and alcoholism for citizens of this State, whether or not in an institution. The system shall include services to prevent or postpone the commitment or recommitment of citizens to mental health institutions.

Section 44-9-100.    The commission Division of Mental Health may:

(1)    prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52;

(2)    require reports from the superintendent of an institution relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;

(3)    investigate complaints made by a patient or by a person on behalf of a patient;

(4)    adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, psychotic senile, drug addicted, or alcoholic;

(5)    take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.

Section 44-9-110.    The Mental Health Commission may accept on behalf of the Department Division of Mental Health may accept on its own behalf or on behalf of any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the Department Division. The Commission Division may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The Commission Division may promulgate rules and regulations governing the disposition of such gifts and grants.

Section 44-9-120.    With the approval of the Secretary of the Department of Behavioral Health Services, The Commission the Division of Mental Health shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its activities, the financial affairs and the state and condition of the State mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which in the opinion of the Commission Division will improve the mental health program services of the State. A copy of the report shall also be submitted to the General Assembly.

Section 44-9-160.    Wherever in the 1976 Code reference is made to the State Hospital, it shall mean means a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean means the superintendent or his designee; wherever reference is made to the Department of Mental Health it means the Division of Mental Health in the Department of Behavioral Health Services; and wherever reference is made to the State Commissioner of Mental Health, it shall mean means the State Director Division Chief of the Department Division of Mental Health."

SECTION    38.    Section 44-11-10 of the 1976 Code is amended to read:

"Section 44-11-10.    The following facilities shall continue in existence and shall be maintained for the following purposes:

(1)    those inpatient facilities as authorized by the Department Division of Mental Health in the Department of Behavioral Health Services and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, and facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and

(2)    the mental health clinics for the diagnosis, treatment, and prevention of mental illness."

SECTION    39.    Section 44-11-30 of the 1976 Code is amended to read:

"Section 44-11-30.    The South Carolina Division of Mental Health Commission, in the Department of Behavioral Health Services, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department Division of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Division of Mental Health Commission, in the Department of Behavioral Health Services is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Division of Mental Health Commission, in the Department of Behavioral Health Services shall consult with the Division of Veterans Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes. "

SECTION    40.    Section 44-11-60 of the 1976 Code is amended to read:

"Section 44-11-60.    The Division of Mental Health Commission shall establish mental health clinics throughout the State and shall supervise them."

SECTION    41.    Section 44-11-70 of the 1976 Code is amended to read:

"Section 44-11-70.    The Division of Mental Health Commission may authorize the superintendents to employ suitable persons to act as marshals to keep intruders off and prevent trespass upon state mental health facilities. The marshals employed, in so far as State state mental health facilities are concerned, shall be vested with all the powers and charged with all the duties of police officers generally. They may eject trespassers. They may without warrant arrest persons guilty of disorderly conduct or of trespass on State state mental health facilities and have them tried in any court of competent jurisdiction."

SECTION    42.    Section 44-11-80 of the 1976 Code is amended to read:

"Section 44-11-80.    The Division of Mental Health Commission shall fix the amount of the salaries or emoluments of all officers and employees of its State state mental health facilities."

SECTION    43.    Chapter 13, Title 44 of the 1976 Code is amended to read:

"CHAPTER 13

Admission, Detention and Removal of Patients at State Mental Health Facilities

Section 44-13-10.    Pending his removal to a State mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home or any other suitable facility under such reasonable conditions as the county governing body, supervisor or manager may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical establishment used for the detention of individuals charged with or convicted of penal offenses. The county governing body, supervisor or manager shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained under this section.

Section 44-13-20.    Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Department Division of Mental Health in the Department of Behavioral Health Services prior to the issuance by the Department Division of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident.

Section 44-13-30.    Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Department Division of Mental Health, and the Department Division of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Department Division of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department Division of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department Division of Mental Health shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Department Division of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.

Section 44-13-40.    If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Department Division of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed and the name of the transporting company. The Department Division of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation.

Section 44-13-50.    If a mentally ill patient from an out-of-State mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public officials and transported directly to the out-of-State facility or may be detained in a State mental health facility until such time as transportation arrangements can be made or the patient's health will permit his return. The state requesting the return of the patient shall pay all costs of, and incidental to, the transportation and detention of the patient.

Section 44-13-60.    The Department Division of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Department Division of Mental Health, the family, guardian, trustee, committee or other person legally responsible for the person is financially able to provide for his care, it shall, when in the opinion of the Department Division of Mental Health this is advisable, transfer the patient or trainee to the custody of that person. If all persons legally responsible for the patient or trainee are financially unable to provide for his care, the Department Division of Mental Health shall, when practicable, transfer the custody of the person to the county health authorities of the county of which the patient or trainee was a resident prior to admittance.

Section 44-13-70.    The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52."

SECTION    44.    Chapter 15, Title 44 of the 1976 Code is amended to read:

"CHAPTER 15

Local Mental Health Programs, Boards and Centers

Section 44-15-10.    Any county, city, town, political subdivision, or any combination thereof, of over one hundred thousand population, and upon consent of the South Carolina Department Division of Mental Health, Department of Behavioral Health Services, any city, county, town, or political subdivision, or combination thereof, with less than one hundred thousand population, may establish a community mental health services program and may establish clinics and staff them with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a county, city, town, political subdivision or nonprofit corporation or a community mental health board established pursuant to this article.

Section 44-15-20.    The Department Division of Mental Health may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation of local mental health programs to provide the following services:

(1)    Collaborative and cooperative services with public health, education, welfare and other groups for programs of prevention of mental illness, mental retardation and other psychiatric disabilities;

(2)    Informational and educational services to the general public and lay and professional groups;

(3)    Consultative services to schools, courts and health and welfare agencies, both public and private;

(4)    Diagnostic and treatment services; and

(5)    After care services for patients suffering from mental or emotional disorders, mental retardation and other psychiatric conditions, particularly those who have received prior treatment in an in-patient facility.

Section 44-15-30.    Any county, city, town, political subdivision, nonprofit corporation or community mental health board administering a mental health services program may apply for the assistance provided by this article by submitting annually to the Department Division of Mental Health its plan and budget for the next fiscal year together with the recommendations of the community mental health board. No program shall be eligible for such assistance unless its plan and budget have been approved by the Department Division.

Section 44-15-40.    At the beginning of each fiscal year the Department Division shall allocate available funds to the mental health programs for disbursement during the fiscal year in accordance with such approved plans and budgets. The Department Division shall, from time to time during the fiscal year, review the budgets and expenditures of the various programs, and if funds are not needed for a program to which they were allocated, it may, after reasonable notice and opportunity for hearing, withdraw such funds as are unencumbered and reallocate them to other programs. It may withdraw funds from any program which is not being administered in accordance with its approved plan and budget.

Section 44-15-50.    Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.

Section 44-15-60.    Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation, including parents of emotionally disturbed children and adolescents, when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department Division of Mental Health, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its population. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms.

In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

Section 44-15-70.    Subject to the provisions of this article and the rules and regulations of the Department Division of Mental Health, each community mental health board shall:

(1)    Be the administrative agency for the community mental health services program; and it shall be a body corporate in deed and in law with all the powers incident to corporation, including the power to purchase, lease or sell real and personal property;

(2)    Employ personnel necessary to carry out the community mental health services program, who shall meet the job specifications as prescribed by the Department and its merit system;

(3)    Review and evaluate community mental health services provided pursuant to this article and report its findings and recommendations to the Department, the administrator of the local program and, when indicated, the public;

(4)    Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies and other lawful sources, and promote public support for municipal and county appropriations;

(5)    Promote, arrange and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies;

(6)    Advise the administrator of the local program on the adoption and implementation of policies to stimulate effective community relations; and

(7)    Review the annual plan and budget of the local program and make recommendations thereon.

Section 44-15-80.    In addition to the powers and duties already conferred by law, the Department Division of Mental Health shall:

(1)    Promulgate rules and regulations governing the eligibility of community mental health programs to receive State grants, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel;

(2)    Govern eligibility for service so that no person will be denied service on the basis of inability to pay and so that anyone who cannot afford to pay for necessary treatment at the rate customarily charged in available private practice shall be eligible to receive services from the community mental health clinic;

(3)    Provide for establishment of fee schedules and reduction of balance due which shall be based upon ability to pay;

(4)    Regulate fees for consultation and diagnostic services, which services may be provided to anyone without regard to his financial status when such person is referred by the courts, schools, health or welfare agencies;

(5)    Promulgate such other rules and regulations as it deems necessary to carry out the purposes of this article;

(6)    Review and evaluate local programs and the performance of all personnel and make recommendations thereon to community mental health boards and program administrators;

(7)    Provide consultative staff service to communities to assist in ascertaining local needs and in planning and establishing community mental health programs; and

(8)    Employ personnel, certified by the merit system as classified according to existing job classifications, including a State Program Director of Community Mental Health Services, to be under the supervision of the Director Division Chief of the Department Division of Mental Health, to implement the provisions of this article.

(9)    Require reports from the directors of community mental health programs relating to the intake, examination, diagnosis and file closing of any patient or client.

Section 44-15-90.    If any balances of appropriations for the program authorized by this article are unexpended during any fiscal year, the Department Division of Mental Health may carry such balances forward to the next fiscal year; provided, that not more than five per cent of the amount appropriated during any fiscal year shall be carried forward."

SECTION    45.    Chapter 17, Title 44 of the 1976 Code is amended by adding:

"Section 44-17-305.    For the purposes of this Chapter, 'Division of Mental Health' means the Division of Mental Health in the Department of Behavioral Health Services."

SECTION    46.    The fifth unnumbered paragraph of Section 44-17-410 of the 1976 Code is amended to read:

"If the report of the designated examiners is that the patient is not mentally ill to the extent that involuntary treatment is required and reasons have been set forth in the report, the court shall dismiss the petition and the patient must be discharged immediately by the facility unless the designated examiners report that the patient is a chemically dependent person in need of emergency commitment and that procedures have been initiated pursuant to Section 44-52-50. In which case, emergency commitment procedures must be complied with in accordance with Chapter 52, and the facility shall transfer the patient to an appropriate treatment facility as defined by Section 44-52-10, provided that confirmation has been obtained from the facility that a bed is available; transportation must be provided by the department Division of Mental Health."

SECTION    47.    Sections 44-17-450 and 14-17-460 of the 1976 Code are amended to read:

"Section 44-17-450.    The Department Division of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local resources for mentally ill persons. The preadmission screening services must act as the public mental health system's entry point in order (1) to provide to the examining physician information about accessible crisis intervention, evaluation, and referral services in the community; (2) to offer to mentally ill persons clinically appropriate alternatives to inpatient care, if any; and when necessary (3) to provide a means for involuntary commitment.

Section 44-17-460.    Prior to the emergency admission of any person to a psychiatric facility of the Department Division of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.

The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission of the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section."

SECTION    48.    Section 44-17-580(2) of the 1976 Code is amended to read:

"(2)    there is a likelihood of serious harm to himself or others, it shall order in-patient or out-patient treatment at a mental health facility, public or private, designated or licensed by the Department Division of Mental Health. If the court finds that he is not mentally ill and not in need of involuntary treatment, it shall dismiss the proceedings."

SECTION    49.    Section 44-17-860 of the 1976 Code is amended to read:

"Section 44-17-860.    It shall be is unlawful for any person, without prior authorization from the patient's attending physician, to take or cause to be taken any patient away from the grounds of any facility under the jurisdiction of the Department Division of Mental Health. Any person violating the provisions of this section shall be fined in a sum of not more than one thousand dollars or imprisoned for not exceeding one year, or both."

SECTION    50.    Section 44-17-865 of the 1976 Code is amended to read:

"Section 44-17-865.    If any person involuntarily committed to a facility under the jurisdiction of the Department Division of Mental Health is absent without proper authorization, the Department Division shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered."

SECTION    51.    Section 44-17-870 of the 1976 Code is amended to read:

"Section 44-17-870.    If a patient involuntarily committed to a facility under the jurisdiction of the State Department Division of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department division appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or Division Chief or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the department division. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department division for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the department division pursuant to Chapter 24, Title 17."

SECTION    52.    The last paragraph of Section 44-20-20 of the 1976 Code is amended to read:

"Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client."

SECTION    53.    Chapter 22, Title 44 of the 1976 Code is amended to read:

"CHAPTER 22

Rights of Mental Health Patients

Section 44-22-10.    As used in this chapter:

(1)    [Reserved]

(2)    'Director Division Chief' means the Director Division Chief of the Department Division of Mental Health.

(3)    'Court' means probate court.

(4)    'Department' 'Division' means the State Department Division of Mental Health in the Department of Behavioral Health Services.

(5)    'Facility' means a residential program operated by the Department Division.

(6)    'Independent examination' means an examination of a patient by a qualified employee of the Department Division.

(7)    'Individual plan of treatment' means a plan written by a multi-disciplinary team setting forth measurable goals and objectives in prescribing an integrated program of individual designed activities or therapies necessary to achieve the goals and objectives.

(8)    'Major medical treatment' means a medical, surgical, or diagnostic intervention or procedure where a general anesthetic is used or which involves significant invasions of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include a routine diagnosis or treatment such as the administration of medications or nutrition or the extraction of bodily fluids for analysis, dental care performed with local anesthetic, procedures which are provided under emergency circumstances, or the withdrawal or discontinuance of medical treatment which is sustaining life functions.

(9)    'Mental disability' means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable, which reasonably is expected to limit the person's functional ability.

(10)    'Multi-disciplinary team' means persons drawn from or representing the professional disciplines or service areas included in the treatment plan.

(11)    'Patient' means an individual undergoing treatment in the Department Division of Mental Health; however, the term does not include a person committed to the Department Division of Mental Health pursuant to Chapter 48 of Title 44.

(12)    'Patient unable to consent' means a patient unable to appreciate the nature and implications of his condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include a person under eighteen years of age, and this chapter does not affect the delivery of health care to that person unless he is married or has been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for his care if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to his health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration.

(13)    'Reasonably available' means that a person to be contacted may be contacted with diligent efforts by the attending physician or another person acting on behalf of the attending physician.

(14)    'Treatment' means the attempted correction or facilitation of a mental illness or alcohol and drug abuse.

Section 44-22-20.    Patients have the right to the writ of habeas corpus.

Section 44-22-30.    Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the Department Division of Mental Health pursuant to Sections 44-17-530 and 44-52-110.

Section 44-22-40.    (A)    A patient in need of electro-convulsive therapy or major medical treatment must be examined by a qualified physician to determine if the patient is able to consent to electro-convulsive therapy or major medical treatment. Where a patient is determined unable to consent to surgery or electro-convulsive therapy or major medical therapy or treatment, decisions concerning the need for treatment may be made by the following persons in the following order of priority:

(1)    a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;

(2)    an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;

(3)    a person given priority to make health care decisions for the patient by another statutory provision;

(4)    a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:

(a)    entry of a pendente lite order in a divorce or separate maintenance action;

(b)    formal signing of a written property or marital settlement agreement;

(c)    entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

(5)    a parent of the patient or child eighteen years of age or older of the patient;

(6)    a sibling or grandchild eighteen years of age or older of the patient or grandparent of the patient;

(7)    other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient;

(8)    a person given authority to make health care decisions for the patient by another statutory provision.

(B)    If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or another person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.

(C)    Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-22-10(6).

(D)    An attending physician or other health care professional responsible for the care of a patient who is unable to consent may shall not give priority or authority under subsection (A)(5) through (8) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.

(E)    This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.

(F)    This section does not affect the application of the Adult Health Care Consent Act, Sections 44-66-10 through 44-66-80, to a patient in need of health care.

Section 44-22-50.    (A)    A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.

(B)    Persons who operate facilities of the Department Division of Mental Health shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The Department Division of Mental Health and the Department Division of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient.

(C)    In cases of emergency admissions, when the least restrictive setting is not available, patients must be admitted to the nearest appropriate facility until the patient may be moved to the least restrictive setting.

(D)    No patient may remain at a level of care that is more expensive and restrictive than is warranted to meet his needs when the appropriate setting is available.

(E)    Patients have a right to the least restrictive conditions necessary to achieve the purposes of treatment. The facility shall make every attempt to move residents from:

(1)    more to less structured living;

(2)    larger to smaller facilities;

(3)    larger to smaller living units;

(4)    group to individual residences;

(5)    segregated from the community to integrated into the community living;

(6)    dependent to independent living.

Section 44-22-60.    (A)    Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility.

(B)    Within six hours of admission a patient must be examined by a physician. Within fourteen days of admission, a patient or his parent or guardian must be provided with a written individualized plan of treatment formulated by a multi-disciplinary team and the patient's attending physician. Each patient or his parent or guardian shall participate in an appropriate manner in the planning of services. An interim treatment program based on the preadmission evaluation of the patient must be implemented promptly upon admission. An individualized treatment plan must contain:

(1)    a statement of the nature and degree of the patient's mental illness or chemical dependency and his needs;

(2)    if a physical examination has been conducted, the patient's physical condition;

(3)    a description of intermediate and long-range treatment goals and, if possible, future available services;

(4)    criteria for release to a less restrictive environment, including criteria for discharge and a description of services that may be needed after discharge;

(5)    a statement as to whether or not the patient may be permitted outdoors on a daily basis and, if not, the reasons why. Treatment plans must be updated upon periodic review as provided in Section 44-22-70.

Section 44-22-70.    (A)    The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care facilities the plan must be reviewed every ninety days. This section does not prohibit review of the plan on a more frequent basis.

(B)    After review by the attending physician or multi-disciplinary team, if the results of the examination determine the conditions justifying confinement no longer exist, a notice of intent to discharge must be made immediately to the probate judge having jurisdiction. Notice must be given before discharge to a person who has made a written request to be notified.

(C)    For patients committed after a hearing by the probate court for the involuntary inpatient treatment for mental illness or chemical dependency, an appropriate and comprehensive discharge plan must be developed. Planning for a patient's discharge must begin within seventy-two hours of admission, must include input from the patient, and must address community treatment, financial resources, and housing. The facility and community treatment staff must be involved in developing the discharge plan. Representatives of all entities which provide services pursuant to the plan must be consulted and informed about the plan. Based on available resources, the Department Division of Mental Health shall make every effort to implement the discharge plan when the patient, in the opinion of the multi-disciplinary team, is ready for discharge.

Section 44-22-80.    Unless a patient has been adjudicated incompetent, no patient may be denied the right to:

(1)    dispose of property, real and personal;

(2)    execute instruments;

(3)    make purchases;

(4)    enter into contractual relationships;

(5)    hold a driver's license;

(6)    marry or divorce;

(7)    be a qualified elector if otherwise qualified. The county board of voter registration in counties with Department Division of Mental Health facilities reasonably shall assist patients who express a desire to vote to:

(a)    obtain voter registration forms, applications for absentee ballots, and absentee ballots;

(b)    comply with other requirements which are prerequisite for voting;

(c)    vote by absentee ballot if necessary.

Section 44-22-90.    (A)    Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows:

(1)    communications between facility staff so long as the information is provided on a 'need-to-know' basis;

(2)    in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness;

(3)    in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others;

(4)    information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition;

(5)    in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected;

(6)    when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure;

(7)    as otherwise authorized or permitted to be disclosed by statute.

(B)    This does not preclude prohibit disclosure of information to the Governor's Ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.

Section 44-22-100.    (A)    Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought must be kept confidential and must not be disclosed unless:

(1)    the individual identified or his guardian consents;

(2)    a court directs that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;

(3)    disclosure is required for research conducted or authorized by the Department Division of Mental Health or the Department Division of Alcohol and Other Drug Abuse Services and with the consent of the patient;

(4)    disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family; or

(5)    disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title.

(B)    Nothing in this section:

(1)    precludes prohibits disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of his family, or the Governor's Ombudsman office; or

(2)    requires the release of records of which disclosure is prohibited or regulated by federal law.

(C)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 44-22-110.    (A)    A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.

(B)    Patients or guardians of patients may be refused access to:

(1)    information in medical records provided by a third party under assurance that the information remains confidential;

(2)    information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.

(C)    Patients and guardians denied access to medical records may appeal the refusal to the Director Division Chief of the Department Division of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.

Section 44-22-120.    (A)    Except to the extent the director of the facility determines it is required by the medical needs or safety of the patient to impose restrictions, a patient may:

(1)    communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, and envelopes must be provided. Reasonable access to telephones including funds or means in which to use telephones must be provided. The head of a residential program determines what constitutes reasonable access;

(2)    receive visitors including unrestricted visits by legal counsel, private physicians, or members of the clergy or an advocate of the South Carolina Protection and Advocacy System for the Handicapped, Inc., if the visits take place at reasonable hours or by appointment, or both. Each facility must have a designated area where patients and visitors may speak privately if they desire;

(3)    wear his own clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his own money, and keep and use his own personal possessions including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental health professional to be dangerous or otherwise inappropriate to the treatment regimen. If clothing is provided by the facility, patients may select from neat, clean, seasonal clothing that allows the patient to appear normal in the community. To the extent staff determines a patient is able and willing to care for and maintain the patient's own clothing, the patient must be assisted in maintaining this clothing during the patient's stay in the facility;

(4)    have access to secure individual storage space for his private use. Personal property of a patient brought into the hospital and placed in storage by the hospital must be inventoried. Receipts must be given to the patient and at least one other interested person. The personal property may be reclaimed only by the patient, his spouse, or his parent or guardian as long as he is living unless otherwise ordered by the court. If property belonging to a patient is not reclaimed within ninety days following the patient's discharge or death, the property may be utilized by the Department Division of Mental Health for the benefit of other patients or programs ten days after written notice is sent to the individual or the individual's family at the last known address;

(5)    follow religious practices. Religious practices may be prohibited by the facility director if they lead to physical harm to the patient or to others, harassment of other patients, or damage to property.

(B)    All limitations imposed by the director of a residential program on the exercise of these rights by the patient and the reasons for the limitations must be made part of the clinical record of the patient. These limitations are valid for no more than thirty days.

Section 44-22-130.    Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness.

Section 44-22-140.    (A)    The attending physician or the physician on call, or both, are responsible for and shall authorize medications and treatment given or administered to a patient. The attending physician's authorization and the medical reasons for it must be entered into the patient's clinical record. The authorization is not valid for more than ninety days. Medication must not be used as punishment, for the convenience of staff, or as a substitute to or in quantities that interfere with the patient's treatment program. The patient or his legal guardian may refuse treatment not recognized as standard psychiatric treatment. He may refuse electro-convulsive therapy, aversive reinforcement conditioning, or other unusual or hazardous treatment procedures. If the attending physician or the physician on call decides electro-convulsive therapy is necessary and a statement of the reasons for electro-convulsive therapy is entered in the treatment record of a patient who is considered unable to consent pursuant to Section 44-22-10(13), permission for the treatment may be given in writing by the persons in order of priority specified in Section 44-22-40(A)(1-8).

(B)    Competent patients may shall not receive treatment or medication in the absence of their express and informed consent in writing except treatment:

(1)    during an emergency situation if the treatment is pursuant to or documented contemporaneously by written order of a physician; or

(2)    as permitted under applicable law for a person committed by a court to a treatment program or facility.

Section 44-22-150.    (A)    No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.

(B)    Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.

(C)    'Restraint' shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.

Section 44-22-160.    (A)    Each patient may refuse nontherapeutic employment within the facility. The Department Division of Mental Health shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.

(B)    Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.

Section 44-22-170.    (A)    The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.

(B)    If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.

Section 44-22-180.    Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.

Section 44-22-190.    The employment division of the South Carolina Employment Security Commission and the Department of Vocational Rehabilitation shall work with the Department Division of Mental Health in the Department of Behavioral Health Services in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.

Section 44-22-200.    The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may shall not move a patient to a more restrictive setting without court approval.

Section 44-22-210.    (A)    The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.

(B)    The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.

Section 44-22-220.    (A)    The Department Division of Mental Health shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be turned over to the Division of Quality Assurance-Standards, A