1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 3, 2005 6 7 S. 80 8 9 Introduced by Senators McConnell, Moore, Campsen, Ryberg, 10 Verdin, Alexander, Gregory, Grooms and Richardson 11 12 S. Printed 3/3/05--S. 13 Read the first time January 11, 2005. 14 15 16 THE COMMITTEE ON JUDICIARY 17 To whom was referred a Bill (S. 80) to amend 2-13-240, Code 18 of Laws of South Carolina, 1976, relating to distribution of the 19 Code of Laws of South Carolina, so as to provide for Code 20 distribution, etc., respectfully 21 REPORT: 22 That they have duly and carefully considered the same and 23 recommend that the same do pass with amendment: 24 25 Amend the bill, as and if amended, by striking all after the 26 enacting words and inserting: 27 / PART I 28 Executive Department 29 SECTION 1. Section 2-13-240(a) of the 1976 Code is amended 30 to read: 31 “(a) Sets of the Code of Laws of South Carolina, 1976, shall be 32 distributed by the Legislative Council as follows: 33 (1) Governor, three; 34 (2) Lieutenant Governor, two four; 35 (3) Secretary of State, three; 36 (4) Treasurer, one; 37 (5) Attorney General, fifty; 38 (6) Adjutant General, one; 39 (7) Comptroller General, two; 40 (8) Superintendent of Education, two; 41 (9) Commissioner of Agriculture, two; 42 (10) each member of the General Assembly, one;
1 [80-1] 1 (11) office of the Speaker of the House of Representatives, 2 one; 3 (12) Clerk of the Senate, one; 4 (13) Clerk of the House of Representatives, one; 5 (14) each committee room of the General Assembly, one; 6 (15) each member of the Legislative Council, one; 7 (16) Code Commissioner, one; 8 (17) Legislative Council, ten; 9 (18) Supreme Court, fourteen; 10 (19) Court Administration Office, five; 11 (20) each circuit court judge, one; 12 (21) each circuit court solicitor, one; 13 (22) each family court judge, one; 14 (23) each county court judge, one; 15 (24) Administrative Law Judge Division, nine; 16 (25) College of Charleston, one; 17 (26) The Citadel, two; 18 (27) Clemson University, three; 19 (28) Francis Marion College, one; 20 (29) Lander College, one; 21 (30) Medical University of South Carolina, two; 22 (31) South Carolina State College, two; 23 (32) University of South Carolina, four; 24 (33) each regional campus of the University of South 25 Carolina, one; 26 (34) University of South Carolina Law School, forty-six; 27 (35) Winthrop College, two; 28 (36) each technical college or center, one; 29 (37) each county governing body, one; 30 (38) each county clerk of court and register of deeds where 31 such offices are separate, one; 32 (39) each county auditor, one; 33 (40) each county coroner, one; 34 (41) each county magistrate, one; 35 (42) each county master in equity, one; 36 (43) each county probate judge, one; 37 (44) each county public library, one; 38 (45) each county sheriff, one; 39 (46) each public defender, one; 40 (47) each county superintendent of education, one; 41 (48) each county treasurer, one; 42 (49) Library of Congress, three; 43 (50) United States Supreme Court, one;
1 [80-2] 1 (51) each member of Congress from South Carolina, one; 2 (52) each state library which furnishes this State a free set of 3 its Code of Laws, one; 4 (53) Division of Aeronautics of the Department of 5 Commerce, one; 6 (54) Department of Alcohol and other Drug Abuse Services, 7 one RESERVED; 8 (55) Department of Archives and History, one; 9 (56) Board of Bank Control, one; 10 (57) Commissioner of Banking, one; 11 (58) Budget and Control Board: 12 (a) Auditor, six Executive Director, five; 13 (b) General Services Division, six Auditor, three; 14 (c) Personnel Division, one State House, Legislative and 15 Judicial Facilities Operations Division, two; 16 (d) Research and Statistical Services Division, one; 17 (e) Retirement System Division, one; 18 (f) Procurement Services Division, one; 19 (g) Office of State Chief Information Officer, one; 20 (59) Children’s Bureau, one RESERVED; 21 (59A) Department of Behavioral Health Services: 22 (a) Division of Alcohol and other Drug Abuse Services, 23 one; 24 (b) Division of Continuum of Care, one; 25 (c) Division of Mental Health, three; 26 (60) Department of Consumer Affairs, one; 27 (61) Department of Corrections, two; 28 (62) Criminal Justice Academy, one; 29 (63) Department of Commerce, five; 30 (64) Employment Security Commission, two; 31 (65) Ethics Commission, one; 32 (66) Forestry Commission, one; 33 (67) Department of Health and Environmental Control, five 34 (67A) Department of Health Oversight and Finance, four; 35 (68) Department of Transportation, five; 36 (69) Department of Public Safety, five; 37 (70) Human Affairs Commission, one; 38 (71) Workers’ Compensation Commission, seven; 39 (72) Department of Insurance, two; 40 (73) Department of Juvenile Justice and Aftercare, one; 41 (74) Department of Labor, Licensing and Regulation, two; 42 (75) South Carolina Law Enforcement Division, four; 43 (76) Legislative Audit Council, one;
1 [80-3] 1 (77) State Library, three; 2 (78) Department of Mental Health, three RESERVED; 3 (79) Department of Disabilities and Special Needs, five six; 4 (80) Ports Authority, one; 5 (81) Department of Probation, Parole and Pardon, two; 6 (82) Public Service Commission, three; 7 (83) Department of Social Services, two; 8 (84) Department of Revenue, six; 9 (85) Board for Technical and Comprehensive Education, one; 10 (86) Veterans’ Affairs Division of the Governor’s office, one; 11 (87) Vocational Rehabilitation, one; 12 (88) Department of Natural Resources, four; 13 (89) Department of Administration, five.” 14 SECTION 2. The provisions of this part take effect July 1, 15 2006. 16 PART II 17 Department and Office Organization 18 SECTION 1. Chapter 30, Title 1 of the 1976 Code is amended 19 to read: 20 “Section 1-30-10. (A) There are hereby created, within the 21 executive branch of the state government, the following 22 departments: 23 1. Department of Agriculture 24 2. Department of Alcohol and Other Drug Abuse Services 25 3. Department of Commerce 26 4. Department of Corrections 27 5. Department of Disabilities and Special Needs 28 6. Department of Education 29 7. Department of Health and Environmental Control 30 8. Department of Health and Human Services 31 9. Department of Insurance 32 10. Department of Juvenile Justice 33 11. Department of Labor, Licensing, and Regulation 34 12. Department of Mental Health 35 13. Department of Natural Resources 36 14. Department of Parks, Recreation and Tourism 37 15. Department of Probation, Parole, and Pardon Services 38 16. Department of Public Safety 39 17. Department of Revenue 40 18. Department of Social Services 41 19. Department of Transportation 42 (1) Department of Administration; 43 (2) Department of Agriculture;
1 [80-4] 1 (3) Department of Behavioral Health Services; 2 (4) Department of Commerce; 3 (5) Department of Corrections; 4 (6) Department of Disabilities and Special Needs; 5 (7) Department of Education; 6 (8) Department of Health and Environmental Control; 7 (9) Department of Health Oversight and Finance; 8 (10) Department of Insurance; 9 (11) Department of Juvenile Justice; 10 (12) Department of Labor, Licensing and Regulation; 11 (13) Department of Motor Vehicles; 12 (14) Department of Natural Resources; 13 (15) Department of Parks, Recreation and Tourism; 14 (16) Department of Probation, Parole and Pardon Services; 15 (17) Department of Public Safety; 16 (18) Department of Revenue; 17 (19) Department of Social Services; 18 (20) Department of Transportation. 19 (B)(1) The governing authority of each department shall be 20 either: 21 (i) a director, and in the case of the Department of 22 Commerce, the or a secretary, who must be appointed by the 23 Governor with the advice and consent of the Senate, subject to 24 removal from office by the Governor pursuant to provisions of 25 Section 1-3-240(B); or, 26 (ii) a seven member board to be appointed and constituted 27 in a manner provided for by law; or, 28 (iii) in the case of the Department of Agriculture and the 29 Department of Education, the State Commissioner of Agriculture 30 and the State Superintendent of Education, respectively, elected to 31 office under the Constitution of this State. 32 (2) In making appointments to boards and an appointment 33 for a governing authority of a department directors, race, gender, 34 and other demographic factors should be considered to assure 35 nondiscrimination, inclusion, and representation to the greatest 36 extent possible of all segments of the population of this State; 37 however, consideration of these factors in no way creates a cause 38 of action or basis for an employee grievance for a person 39 appointed or for a person who fails to be appointed. The Governor 40 in making the appointments provided for by this section shall 41 endeavor to appoint individuals who have demonstrated exemplary 42 managerial skills in either the public or private sector.
1 [80-5] 1 (C) Each department shall be organized into appropriate 2 divisions subdivisions by the governing authority of the 3 department through further consolidation or further subdivision. 4 The power to organize and reorganize the department supersedes 5 any provision of law to the contrary pertaining to individual 6 divisions; provided, however, the into divisions lies with the 7 General Assembly in furtherance of its mandate pursuant to Article 8 XII of the South Carolina Constitution. The dissolution of any 9 division must receive legislative approval by authorization 10 included in the annual general appropriations act likewise be 11 statutorily approved by the General Assembly. 12 Any other approval procedures for department reorganization in 13 effect on the effective date of this act no longer apply. 14 (D) The governing authority of a department is vested with the 15 duty of overseeing, managing, and controlling the operation, 16 administration, and organization of the department. The governing 17 authority has the power to create and appoint standing or ad hoc 18 advisory committees in its discretion or at the direction of the 19 Governor to assist the department in particular areas of public 20 concern or professional expertise as is deemed appropriate. Such 21 committees shall serve at the pleasure of the governing authority 22 and committee members shall not receive salary or per diem, but 23 shall be entitled to reimbursement for actual and necessary 24 expenses incurred pursuant to the discharge of official duties not to 25 exceed the per diem, mileage, and subsistence amounts allowed by 26 law for members of boards, commissions, and committees. 27 (E) The governing authority of a department director may 28 appoint deputy directors deputies to head the divisions of their 29 department, with each deputy director managing one or more of 30 the divisions; in the case of the Department of Commerce, the 31 Secretary of Commerce may appoint a departmental executive 32 director and also may appoint directors to manage the various 33 divisions of the Department of Commerce. In making 34 appointments race, gender, and other demographic factors should 35 be considered to assure nondiscrimination, inclusion, and 36 representation to the greatest extent possible of all segments of the 37 population of this State; however, consideration of these factors in 38 making an appointment in no way creates a cause of action or basis 39 for an employee grievance for a person appointed or for a person 40 who fails to be appointed. Deputy directors Deputies serve at the 41 will and pleasure of the department director governing authority. 42 The deputy director of a division is vested with the duty of 43 overseeing, managing, and controlling the operation and
1 [80-6] 1 administration of the division under the direction and control of the 2 department director department’s governing authority and 3 performing such other duties as delegated by the department 4 director department’s governing authority. 5 (F)(1) In the event a vacancy should occur occurs in the office 6 of department director the department’s governing authority at a 7 time when the General Assembly is not in session, the Governor 8 may temporarily fill the vacancy pursuant to Section 1-3-210. 9 (2) Notwithstanding the provisions of subitem (F)(1), as of 10 July 1, 1993, for each department created pursuant to the 11 provisions of this act which must be governed by a single director, 12 an initial interim director shall serve as the governing authority, 13 serving until January 31, 1994. During that period the following 14 departments must be governed by the director or interim director 15 of the following agencies as of June 30, 1993: 16 (i)Department of Corrections, created pursuant to Section 17 1-30-30, by the director of the former Department of Corrections; 18 (ii) Department of Juvenile Justice created pursuant to 19 Section 1-30-60, by the interim director of the former Department 20 of Youth Services; 21 (iii) Department of Probation, Parole, and Pardon Services 22 created pursuant to Section 1-30-85 by the director of the former 23 Department of Probation, Pardon and Parole; 24 (iv) Department of Social Services created pursuant to 25 Section 1-30-100, by the director of the former Department of 26 Social Services; 27 (v) Department of Parks, Recreation and Tourism created 28 pursuant to Section 1-30-80, by the director of the former 29 Department of Parks, Recreation and Tourism; 30 (vi) Department of Commerce created pursuant to Section 31 1-30-25, by the Executive Director of the former State 32 Development Board; 33 (vii) Department of Alcohol and Other Drug Abuse 34 Services created pursuant to Section 1-30-20, by the director of the 35 former South Carolina Commission on Alcohol and Drug Abuse. 36 (3) As of December 1, 1993, the Governor must submit to 37 the Senate the names of appointees to the permanent department 38 directorships for those departments created on July 1, 1993 and 39 February 1, 1994. If no person has been appointed and qualified 40 for a directorship as of February 1, 1994, the Governor may 41 appoint an interim director to serve pursuant to the provisions of 42 (F)(1).
1 [80-7] 1 (4) Notwithstanding provisions of (2) and (3) to the contrary, 2 the initial interim director of the Department of Public Safety shall 3 be appointed by the Budget and Control Board. The initial interim 4 director may be appointed as the permanent director of the 5 department by the Governor. 6 (G)(1) Department and agency governing authorities must, no 7 later than the first day of the 1994 2006 legislative session and 8 every twelve months thereafter for the following three years, 9 submit to the Governor and General Assembly reports giving 10 detailed and comprehensive recommendations for the purposes of 11 merging or eliminating duplicative or unnecessary divisions, 12 programs, or personnel within each department to provide a more 13 efficient administration of government services. If an agency or 14 department has no recommendations for restructuring of divisions, 15 programs, or personnel, its report must contain a statement to that 16 effect. Upon their receipt by the President of the Senate and the 17 Speaker of the House of Representatives, these reports must be 18 referred as information to the standing committees of the 19 respective bodies most jurisdictionally related in subject matter to 20 each agency. Alternatively, the House and Senate may provide by 21 rule for the referral of these reports. Thereafter, The Governor 22 shall must periodically consult with the governing authorities of 23 the various departments and upon such consultation, the Governor 24 shall must submit a report of any restructuring recommendations to 25 the General Assembly for its review and consideration. 26 (2) The Governor shall report to the General Assembly no 27 later than the second Tuesday in January of 1994, his 28 recommendation for restructuring the following offices and 29 divisions presently under his direct supervision, and as to how 30 each might be restructured within other appropriate departments or 31 divisions amended by this act: 32 (i) Office of Executive Policy and Programs; 33 (ii) Office of Energy Programs; 34 (iii) Office of Personnel and Program Services; 35 (iv) Office of Research; 36 (v) Division of Health; 37 (vi) Division of Economic Opportunity; 38 (vii) Division of Economic of Development; 39 (viii) Division of Ombudsman and Citizens’ Services; 40 (ix) Division of Education; 41 (x) Division of Natural Resources; 42 (xi) Division of Human Services.
1 [80-8] 1 Department and agency governing authorities must, no later than 2 the first day of the 2006 legislative session, and every three years 3 thereafter, submit to the Governor and the General Assembly a 4 three - year plan that provides initiatives and/or planned actions that 5 implement cost savings and increased efficiencies of services and 6 responsibilities within the projected three - year period. 7 (H) Department governing authorities must submit to the 8 General Assembly by the first day of the 1994 legislative session 9 and every five years thereafter a mission statement that must be 10 approved by the General Assembly by Joint Resolution. 11 RESERVED 12 Section 1-30-15. Effective on July 1, 1993, the following 13 agencies, boards, and commissions, including all of the allied, 14 advisory, affiliated, or related entities, as well as the employees, 15 funds, property, and all contractual rights and obligations 16 associated with any such agency, except for those subdivisions 17 specifically included under another department, are hereby 18 transferred to and incorporated in and shall be administered as part 19 of the Department of Agriculture: 20 Department of Agriculture, formerly provided for at Section 21 46-39-10, et seq. 22 Section 1-30-20. (A) Effective on July 1, 1993, the following 23 agencies, boards, and commissions, including all of the allied, 24 advisory, affiliated, or related entities, as well as the employees, 25 funds, property, and all contractual rights and obligations 26 associated with any such agency, except for those subdivisions 27 specifically included under another department, are hereby 28 transferred to and incorporated in and shall be administered as part 29 of the Department of Alcohol and Other Drug Abuse Services: 30 (A)(1) South Carolina Commission on Alcohol and Drug 31 Abuse, formerly provided for at Section 44-49-10, et seq.; 32 (B)(2) Drug-free Schools and Communities Program in the 33 Governor’s Office, provided for under grant programs. 34 (B) Effective on July 1, 2006, the Department of Alcohol and 35 Other Drug Abuse Services, as constituted in subsection (A), 36 including all allied, advisory, affiliated, or related entities, as well 37 as the employees, funds, property, and all contractual rights and 38 obligations associated with the department and these entities, 39 except for those subdivisions specifically included or transferred to 40 another department or division, is transferred to the Department of 41 Behavioral Health Services, Division of Alcohol and Other Drug 42 Abuse Services, and all powers, duties, obligations, and 43 responsibilities of the Department of Alcohol and Other Drug
1 [80-9] 1 Abuse Services are devolved upon the Division of Alcohol and 2 Other Drug Abuse Services. 3 Section 1 - 30 - 22. (A) Effective July 1, 2006, the following 4 divisions, offices, programs, or components are transferred to and 5 incorporated in the Department of Administration, which shall be a 6 department of the executive branch of state government headed by 7 a director appointed by the Governor as provided in Section 8 1 - 30 - 10(B)(1)(i): 9 (1) the Division of General Services of the Budget and 10 Control Board, except for the real property programs; and 11 (2) the Office of Energy in the Insurance and Grants 12 Services Division of the Budget and Control Board. 13 (B) Effective July 1, 2006, the Office of State Inspector 14 General in the Department of Administration is established in 15 Chapter 8 of Title 1. 16 (C) Each transferred office must be maintained as a distinct 17 component of the Department of Administration. Any funds 18 appropriated to a distinct component of the department must not be 19 transferred to another component. Any funds appropriated to the 20 department, and not to a distinct component of the department, 21 may be used at the discretion of the director. 22 (D) Where the provisions of this act transfer offices, or portions 23 thereof, of the Budget and Control Board or the Office of the 24 Governor to the Department of Administration, the employees, 25 authorized appropriations, and assets and liabilities of the 26 transferred offices or portions thereof are also transferred to and 27 become part of the Department of Administration. All classified 28 or unclassified personnel employed by these offices on the 29 effective date of this section, either by contract or by employment 30 at will, shall become employees of the Department of 31 Administration, with the same compensation, classification, and 32 grade level, as applicable. The Executive Director of the Budget 33 and Control Board and the Office of the Governor shall cause all 34 necessary actions to be taken to accomplish this transfer. 35 (E) Regulations promulgated by these transferred offices as 36 they formerly existed under the Budget and Control Board or 37 Office of the Governor are continued and are considered to be 38 promulgated by these offices under the newly created Department 39 of Administration. 40 (F)(1) As used in this subsection: 41 (a) ‘immediate family’ means a person who is: 42 (i) a spouse; 43 (ii) a child residing in the same household; or
1 [80-10] 1 (iii) claimed as a dependent for income tax purposes; 2 and 3 (b) ‘vendor’ means a person or entity who provides or 4 proposes to provide goods or services in excess of an aggregate 5 amount of four hundred thousand dollars to the department 6 pursuant to a contract or contracts for one or more projects within 7 a fiscal year, but does not include an employee of the division, a 8 state agency, or an instrumentality of the State. The term includes 9 a corporation whose shares are traded publicly and which is the 10 parent company of the contracting party in a procurement contract. 11 (2) A vendor must not pay, give, or otherwise make 12 available anything of value in violation of provisions of the South 13 Carolina Ethics Reform Act. A person who violates the act is 14 subject to the provisions of Sections 11 - 35 - 4220 and 11 - 35 - 4230. 15 (3) A vendor who has entered into the competitive 16 solicitation process for a contract or contracts or who has been 17 awarded a contract or contracts with the department shall not 18 contribute to or make independent expenditures relative to the 19 campaign of a candidate for the General Assembly or a statewide 20 constitutional office, to a political party, as defined in Section 21 8 - 13 - 1300(26), or to a committee, as defined in Section 22 8 - 13 - 1300(6), during the competitive solicitation process or during 23 the term of the contract or contracts. 24 (4) The prohibition in item (3) specifically applies to the 25 officer or board member of a vendor, holders of an interest in a 26 vendor of more than ten percent, and their immediate family 27 members. 28 Section 1 - 30 - 23. (A) Effective on July 1, 2006, the following 29 agencies, boards, and commissions, including all of the allied, 30 advisory, affiliated, or related entities, as well as the employees, 31 funds, property, and all contractual rights and obligations 32 associated with any such agency, except for those subdivisions 33 specifically included under another department, are hereby 34 transferred to and incorporated in and shall be administered as part 35 of the Department of Behavioral Health Services to be divided into 36 divisions of Alcohol and Other Drug Abuse Services, Continuum 37 of Care, and Mental Health: 38 (1) Department of Alcohol and Other Drug Abuse Services, 39 as constituted in Section 1 - 30 - 20(A); 40 (2) Continuum of Care, as provided for at Section 41 20 - 7 - 5610, et seq.; and 42 (3) Department of Mental Health, as constituted in Section 43 1 - 30 - 70(A).
1 [80-11] 1 (B) Each transferred office must be maintained as a distinct 2 component of the Department of Behavioral Health Services. Any 3 funds appropriated to a distinct component of the department must 4 not be transferred to another component. Any funds appropriated 5 to the department, and not to a distinct component of the 6 department, may be used at the discretion of the secretary. 7 (C) Where the provisions of this act transfer offices, or portions 8 thereof, to the Department of Behavioral Health Services, the 9 employees, authorized appropriations, and assets and liabilities of 10 the transferred offices are also transferred to and become part of 11 the Department of Behavioral Health Services. All classified or 12 unclassified personnel employed by these offices on the effective 13 date of this section, either by contract or by employment at will, 14 shall become employees of the Department of Behavioral Health 15 Services, with the same compensation, classification, and grade 16 level, as applicable. 17 (D) Regulations promulgated by these transferred offices as 18 they formerly existed are continued and are considered to be 19 promulgated by these offices under the newly created Department 20 of Behavioral Health Services. 21 Section 1-30-25. Effective on July 1, 1993, the following 22 agencies, boards, and commissions, including all of the allied, 23 advisory, affiliated, or related entities, as well as the employees, 24 funds, property, and all contractual rights and obligations 25 associated with any such agency, except for those subdivisions 26 specifically included under another department, are hereby 27 transferred to and incorporated in and shall be administered as part 28 of the Department of Commerce to be initially divided into 29 divisions for Aeronautics, Advisory Coordinating Council for 30 Economic Development, State Development, Public Railways, and 31 Savannah Valley Development: 32 (A) South Carolina Aeronautics Commission, formerly 33 provided for at Section 55-5-10, et seq.; 34 (B) Coordinating Council for Economic Development, 35 formerly provided for at Section 41-45-30, et seq.; 36 (C) Savannah Valley Authority, formerly provided for at 37 Section 13-9-10, et seq.; 38 (D) State Development Board, including the South Carolina 39 Film Commission, formerly provided for in Section 13-3-10, et 40 seq., except that the department must make reasonable rules and 41 promulgate reasonable regulations to ensure that funds made 42 available to film projects through its film commission are budgeted 43 and spent so as to further the following objectives:
1 [80-12] 1 (1) stimulation of economic activity to develop the 2 potentialities of the State; 3 (2) conservation, restoration, and development of the 4 natural and physical, the human and social, and the economic and 5 productive resources of the State; 6 (3) promotion of a system of transportation for the State, 7 through development and expansion of the highway, railroad, port, 8 waterway, and airport systems; 9 (4) promotion and correlation of state and local activity in 10 planning public works projects; 11 (5) promotion of public interest in the development of the 12 State through cooperation with public agencies, private enterprises, 13 and charitable and social institutions; 14 (6) encouragement of industrial development, private 15 business, commercial enterprise, agricultural production, 16 transportation, and the utilization and investment of capital within 17 the State; 18 (7) assistance in the development of existing state and 19 interstate trade, commerce, and markets for South Carolina goods 20 and in the removal of barriers to the industrial, commercial, and 21 agricultural development of the State; 22 (8) assistance in ensuring stability in employment, 23 increasing the opportunities for employment of the citizens of the 24 State, and devising ways and means to raise the living standards of 25 the people of the State; 26 (9) enhancement of the general welfare of the people; and 27 (10) encouragement and consideration as appropriate so as 28 to consider race, gender, and other demographic factors to ensure 29 nondiscrimination, inclusion, and representation of all segments of 30 the State to the greatest extent possible. 31 (E) South Carolina Public Railways Commission, formerly 32 provided for at Section 58-19-10, et seq. 33 Section 1-30-30. Effective on July 1, 1993, the following 34 agencies, boards, and commissions, including all of the allied, 35 advisory, affiliated, or related entities, as well as the employees, 36 funds, property, and all contractual rights and obligations 37 associated with any such agency, except for those subdivisions 38 specifically included under another department, are hereby 39 transferred to and incorporated in and shall be administered as part 40 of the Department of Corrections: 41 Department of Corrections, formerly provided for at Section 42 24-1-10, et seq.
1 [80-13] 1 Section 1-30-35. (A) Effective on July 1, 1993, the following 2 agencies, boards, and commissions, including all of the allied, 3 advisory, affiliated, or related entities, as well as the employees, 4 funds, property, and all contractual rights and obligations 5 associated with any such agency, except for those subdivisions 6 specifically included under another department, are hereby 7 transferred to and incorporated in and shall be administered as part 8 of the Department of Disabilities and Special Needs to be initially 9 divided into divisions for Mental Retardation, Head and Spinal 10 Cord Injury, and Autism; provided, however, that the board of the 11 former Department of Mental Retardation as constituted on June 12 30, 1993, and thereafter, under the provisions of Section 44-19-10, 13 et seq., shall be the governing authority for the department.: 14 (A)(1) Department of Mental Health Autism programs, 15 formerly provided for at Section 44-9-10, et seq.; 16 (B)(2) Head and Spinal Cord Injury Information System, 17 formerly provided for at Section 44-38-10, et seq.; 18 (C)(3) Department of Mental Retardation, formerly provided 19 for at Section 44-19-10, et seq. 20 (B) Effective on July 1, 2006, Babynet, as provided for in 21 Section 44 - 7 - 2510 et seq., including all allied, advisory, affiliated, 22 or related entities, as well as the employees, funds, property, and 23 all contractual rights and obligations associated with the 24 department and these entities, except for those subdivisions 25 specifically included or transferred to another department or 26 division, is transferred from the Department of Health and 27 Environmental Control, as constituted in Section 1 - 30 - 45(A), to 28 the Department of Disabilities and Special Needs, Division of 29 Babynet Services, and all powers, duties, obligations, and 30 responsibilities of Babynet are devolved upon the Department of 31 Disabilities and Special Needs, Division of Babynet Services. 32 Section 1-30-40. Effective on July 1, 1993, the following 33 agencies, boards, and commissions, including all of the allied, 34 advisory, affiliated, or related entities, as well as the employees, 35 funds, property, and all contractual rights and obligations 36 associated with any such agency, except for those subdivisions 37 specifically included under another department, are hereby 38 transferred to and incorporated in and shall be administered as part 39 of the Department of Education: 40 State Department of Education, provided for at Section 59-5-10, 41 et seq. 42 Section 1-30-45. Effective on July 1, 1994, the following 43 agencies, boards, and commissions, including all of the allied,
1 [80-14] 1 advisory, affiliated, or related entities, as well as the employees, 2 funds, property, and all contractual rights and obligations 3 associated with any such agency, except for those subdivisions 4 specifically included under another department, are hereby 5 transferred to and incorporated in and shall be administered as part 6 of the Department of Health and Environmental Control and to 7 include a coastal division: 8 (A)(1) Department of Health and Environmental Control, 9 formerly provided for at Section 44-1-10, et seq.; 10 (B)(2) South Carolina Coastal Council, formerly provided for 11 at Section 48-39-10, et seq.; 12 (C)(3) State Land Resources Conservation Commission 13 regulatory division, formerly provided for at Section 48-9-10, et 14 seq.; 15 (D)(4) Water Resources Commission regulatory division, 16 formerly provided for at Section 49-3-10, et seq. 17 (B) Effective on July 1, 2006, Babynet, as provided for in 18 Section 44 - 7 - 2510 et seq., including all allied, advisory, affiliated, 19 or related entities, as well as the employees, funds, property, and 20 all contractual rights and obligations associated with Babynet, 21 except for those subdivisions specifically included or transferred to 22 another department or division, is transferred from the Department 23 of Health and Environmental Control, as constituted in subsection 24 (A), to the Department of Disabilities and Special Needs, Division 25 of Babynet Services, and all powers, duties, obligations, and 26 responsibilities of Babynet are devolved upon the Department of 27 Disabilities and Special Needs, Division of Babynet Services. 28 Section 1-30-50. (A) Effective on July 1, 1995, the following 29 agencies, boards, and commissions, including all of the allied, 30 advisory, affiliated, or related entities, as well as the employees, 31 funds, property, and all contractual rights and obligations 32 associated with any such agency, except for those subdivisions 33 specifically included under another department, are hereby 34 transferred to and incorporated in and shall be administered as part 35 of the Department of Health and Human Services: 36 Department of Health and Human Services Finance 37 Commission, formerly provided for at Section 44-6-10, et seq. 38 (B) Effective on January 1, 2006, the Department of Health and 39 Human Services, as constituted in subsection (A), including all 40 allied, advisory, affiliated, or related entities, as well as the 41 employees, funds, property, and all contractual rights and 42 obligations associated with these agencies, boards, commissions, 43 and these entities, except for those subdivisions specifically
1 [80-15] 1 included or transferred to another department, is transferred to the 2 Department of Health Oversight and Finance, and all powers, 3 duties, obligations, and responsibilities of these agencies, boards, 4 and commissions are devolved upon the Department of Health 5 Oversight and Finance. 6 Section 1-30-55. Effective on July 1, 1995, the following 7 agencies, boards, and commissions, including all of the allied, 8 advisory, affiliated, or related entities, as well as the employees, 9 funds, property, and all contractual rights and obligations 10 associated with any such agency, except for those subdivisions 11 specifically included under another department, are hereby 12 transferred to and incorporated in and shall be administered as part 13 of the Department of Insurance: 14 Department of Insurance, formerly provided for at Section 15 38-3-10, et seq. 16 Section 1-30-60. Effective on July 1, 1993, the following 17 agencies, boards, and commissions, including all of the allied, 18 advisory, affiliated, or related entities, as well as the employees, 19 funds, property, and all contractual rights and obligations 20 associated with any such agency, except for those subdivisions 21 specifically included under another department, are hereby 22 transferred to and incorporated in and shall be administered as part 23 of the Department of Juvenile Justice: 24 Department of Youth Services, formerly provided for at Section 25 20-7-6805, et seq. 26 Section 1-30-65. Effective on February 1, 1994, the following 27 agencies, boards, and commissions, including all of the allied, 28 advisory, affiliated, or related entities, as well as the employees, 29 funds, property, and all contractual rights and obligations 30 associated with any such agency, except for those subdivisions 31 specifically included under another department, are hereby 32 transferred to and incorporated in and shall be administered as part 33 of the Department of Labor, Licensing, and Regulation to be 34 initially divided into divisions for Labor, State Fire Marshal, and 35 Professional and Occupational Licensing: 36 (A1)Fire Marshal Division of Budget & Control Board, 37 formerly provided for at Section 23-9-10, et seq.; 38 (B2) Department of Labor, formerly provided for at Title 12, 39 Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25; 40 (C3) Professional and Occupational Licensing Boards 41 including: 42 Accountancy Board, formerly provided for at Section 43 40-1-10, et seq.;
1 [80-16] 1 Architectural Board of Examiners, formerly provided for at 2 Section 40-3-10, et seq.; 3 Athletic Commission, formerly provided for at Section 4 52-7-10, et seq.; 5 Auctioneers Commission, formerly provided for at Section 6 40-6-10, et seq.; 7 Barber Examiners Board, formerly provided for at Section 8 40-7-10, et seq.; 9 Barrier Free Design Board, formerly provided for at 10 Section 10-5-210, et seq.; 11 Building Code Council, formerly provided for at Section 12 6-9-60, et seq.; 13 Burglar Alarm Business, formerly provided for at Section 14 40-79-10, et seq.; 15 Chiropractic Examiners Board, formerly provided for at 16 Section 40-9-10, et seq.; 17 Contractors Licensing Board, formerly provided for at 18 Section 40-11-10, et seq.; 19 Cosmetology Board, formerly provided for at Section 20 40-13-10, et seq.; 21 Dentistry Board, formerly provided for at Section 22 40-15-10, et seq.; 23 Embalmers and Funeral Directors/Funeral Service Board, 24 formerly provided for at Section 40-19-10, et seq.; 25 Engineers and Land Surveyors Board, formerly provided 26 for at Section 40-21-10, et seq.; 27 Environmental Systems Operators Board, formerly 28 provided for at Section 40-23-10, et seq.; 29 Fire Sprinkler Contractors Board, formerly provided for at 30 Section 23-45-10, et seq.; 31 Foresters Registration Board, formerly provided for at 32 Section 48-27-10, et seq.; 33 Geologists Registration Board, formerly provided for at 34 Section 40-77-10, et seq.; 35 Harbor Pilots/Pilotage Commission, formerly provided for 36 at Section 54-15-40, et seq.; 37 Liquefied Petroleum Gas Board, formerly provided for at 38 Section 39-43-20, et seq.; 39 Manufactured Housing Board, formerly provided for at 40 Section 40-29-10, et seq.; 41 Modular Appeals Board, formerly provided for at Section 42 23-43-50, et seq.;
1 [80-17] 1 Nursing Board, formerly provided for at Section 40-33-10, 2 et seq.; 3 Nursing Home Administrators Board, formerly provided 4 for at Section 40-35-10, et seq.; 5 Occupational Therapy Board, formerly provided for at 6 Section 40-36-10, et seq.; 7 Optometry Board, formerly provided for at Section 8 40-37-10, et seq.; 9 Opticianry Board, formerly provided for at Section 10 40-38-10, et seq.; 11 Pharmacy Board, formerly provided for at Section 12 40-43-10, et seq.; 13 Physical Therapy Examiners, formerly provided for at 14 Section 40-45-10, et seq.; 15 Physicians, Surgeons and Osteopaths/Board of Medical 16 Examiners, formerly provided for at Section 40-47-10, et seq.; 17 Podiatry Examiners, formerly provided for at Section 18 40-51-10, et seq.; 19 Professional Counselors, Marital and Family Therapists, 20 formerly provided for at Section 40-75-10, et seq.; 21 Psychology Board of Examiners, formerly provided for at 22 Section 40-55-20, et seq.; 23 Pyrotechnic Safety Board, formerly provided for at Section 24 40-56-10, et seq.; 25 Real Estate Commission regulating Real Estate Brokers, 26 Counsellors Counselors, Salesmen, Auctioneers, and Property 27 Managers, formerly provided for at Section 40-57-10 et seq., and 28 Real Estate Appraisers Board, formerly provided for at Section 29 40-60-10 et seq.; 30 Residential Home Builders Board, formerly provided for at 31 Section 40-59-10, et seq.; 32 Social Worker Board of Examiners, formerly provided for 33 at Section 40-63-10, et seq.; 34 Speech/Language Pathology and Audiology Board of 35 Examiners, formerly provided for at Section 40-67-10, et seq.; 36 Veterinary Medical Examiners, formerly provided for at 37 Section 40-69-10, et seq. 38 Section 1-30-70. (A) Effective on July 1, 1993, the following 39 agencies, boards, and commissions, including all of the allied, 40 advisory, affiliated, or related entities, as well as the employees, 41 funds, property, and all contractual rights and obligations 42 associated with any such agency, except for those subdivisions 43 specifically included under another department, are hereby
1 [80-18] 1 transferred to and incorporated in and shall be administered as part 2 of the Department of Mental Health to include a Children’s 3 Services Division and shall include: 4 Department of Mental Health, provided for at Section 44-9-10, 5 et seq. 6 (B) Effective on July 1, 2006, the Department of Mental 7 Health, as constituted in subsection (A), including all allied, 8 advisory, affiliated, or related entities, as well as the employees, 9 funds, property, and all contractual rights and obligations 10 associated with the department and these entities, except for those 11 subdivisions specifically included or transferred to another 12 department or division, is transferred to the Department of 13 Behavioral Health Services, Division of Mental Health and all 14 powers, duties, obligations, and responsibilities of the Department 15 of Mental Health are devolved upon the Department of Behavioral 16 Health Services, Division of Mental Health. 17 Section 1-30-75. (A) Effective on July 1, 1994, the following 18 agencies, boards, and commissions, including all of the allied, 19 advisory, affiliated, or related entities, as well as the employees, 20 funds, property, and all contractual rights and obligations 21 associated with the agency, except for those subdivisions 22 specifically included under another department, are transferred to 23 and incorporated in, and must be administered as part of the 24 Department of Natural Resources. The department must be 25 divided initially into divisions for Land Resources and 26 Conservation Districts, Water Resources, Marine Resources, 27 Wildlife and Freshwater Fisheries, and State Natural Resources 28 Enforcement. The South Carolina Wildlife and Marine Resources 29 Commission, as constituted on June 30, 1993, and after that time, 30 under the provisions of Section 50-3-10 et seq. is the governing 31 authority for the department: 32 (1) Geological Survey of the Office of Research and 33 Statistical Services Statistics Division of the Budget and Control 34 Board, to include the State Geologist, formerly provided for at 35 Section 1-11-10, et seq.; 36 (2) State Land Resources Conservation Commission, less the 37 regulatory division, formerly provided for at Section 48-9-10, et 38 seq.; 39 (3) South Carolina Migratory Waterfowl Commission, 40 formerly provided for at Section 50-11-20, et seq.; 41 (4) Water Resources Commission, less the regulatory 42 division, formerly provided for at Section 49-3-10, et seq.;
1 [80-19] 1 (5) South Carolina Wildlife and Marine Resources 2 Commission, formerly provided for at Section 50-3-10, et seq. 3 (B) Effective on January 1, 2006, the governing authority of the 4 Department of Natural Resources, as constituted in subsection (A), 5 becomes an advisory board of the department, and all powers, 6 duties, obligations, and responsibilities of the governing authority 7 for the Department of Natural Resources are devolved upon a 8 director who is appointed by the Governor, with the advice and 9 consent of the Senate, and who serves at the pleasure of the 10 Governor and who may be removed by the Governor pursuant to 11 Section 1 - 3 - 240(B). 12 Section 1-30-80. Effective on July 1, 1993, the following 13 agencies, boards, and commissions, including all of the allied, 14 advisory, affiliated, or related entities, as well as the employees, 15 funds, property, and all contractual rights and obligations 16 associated with any such agency, except for those subdivisions 17 specifically included under another department, are hereby 18 transferred to and incorporated in and shall be administered as part 19 of the Department of Parks, Recreation and Tourism to include a 20 Parks, Recreation and Tourism Division and Film Division. 21 Department of Parks, Recreation and Tourism, formerly 22 provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 23 51-11-10, et seq. 24 Section 1-30-85. Effective on July 1, 1993, the following 25 agencies, boards, and commissions, including all of the allied, 26 advisory, affiliated, or related entities, as well as the employees, 27 funds, property, and all contractual rights and obligations 28 associated with any such agency, except for those subdivisions 29 specifically included under another department, are hereby 30 transferred to and incorporated in and must be administered as part 31 of the Department of Probation, Parole, and Pardon Services: 32 Department of Probation, Pardon, and Parole, formerly provided 33 for at Section 24-21-10, et seq. 34 Section 1-30-90. The following agencies, boards, and 35 commissions, including all of the allied, advisory, affiliated, or 36 related entities, as well as the employees, funds, property, and all 37 contractual rights and obligations associated with any such agency, 38 except for those subdivisions specifically included under another 39 department, are hereby transferred to and incorporated in and shall 40 be administered as part of the Department of Public Safety to be 41 initially divided into divisions for Highway Patrol, State Police, 42 and Training and Continuing Education.
1 [80-20] 1 (A1)Law Enforcement Hall of Fame, formerly provided for in 2 Section 23-25-10, et seq.; 3 (B2) State Highway Patrol, formerly provided for in Section 4 23-5-10, et seq.; 5 (C3) Public Service Commission Safety Enforcement, formerly 6 provided in Section 58-3-310; 7 (D4)Law Enforcement Training Council, formerly provided for 8 in Section 23-23-30, et seq.; 9 (E5) Public Safety Division, formerly of the Governor’s Office. 10 Section 1-30-95. The following agencies, boards, and 11 commissions, including all of the allied, advisory, affiliated, or 12 related entities, as well as the employees, funds, property, and all 13 contractual rights and obligations associated with any such agency, 14 except for those subdivisions specifically included under another 15 department, are hereby transferred to and incorporated in and shall 16 be administered as part of the Department of Revenue to be 17 initially divided into divisions for Alcohol Beverage Control and 18 Tax; provided, however, that from July 1, 1993, until February 1, 19 1995, the governing authority of the department shall be the 20 commissioners of the Tax Commission, as constituted June 30, 21 1993, and thereafter, pursuant to the provisions of Section 12-3-10, 22 et seq.; 23 (A1)Licensing Division of Alcoholic Beverage Control 24 Commission, formerly provided for at Section 61-1-10, et seq.; 25 (B2) Tax Commission, formerly provided for at Section 12-3-10, 26 et seq. 27 Section 1-30-100. Effective on July 1, 1993, the following 28 agencies, boards, and commissions, including all of the allied, 29 advisory, affiliated, or related entities as well as the employees, 30 funds, property and all contractual rights and obligations 31 associated with any such agency, except for those subdivisions 32 specifically included under another department, are hereby 33 transferred to and incorporated in and shall be administered as part 34 of the Department of Social Services: 35 Department of Social Services, formerly provided for at Section 36 43-1-10, et seq. 37 Section 1-30-105. Effective on July 1, 1993, the following 38 agencies, boards, and commissions, including all of the allied, 39 advisory, affiliated, or related entities, as well as the employees, 40 funds, property, and all contractual rights and obligations 41 associated with any such agency, except for those subdivisions 42 specifically included under another department, are hereby 43 transferred to and incorporated in and shall be administered as part
1 [80-21] 1 of the Department of Transportation to be initially divided into 2 divisions for Mass Transit, Construction and Maintenance, 3 Engineering and Planning, Finance and Administration; provided, 4 however, that the State Highway Commission as constituted on 5 June 30, 1993, under the provisions of Title 56, shall be the 6 governing authority for the department until February 15, 1994, or 7 as soon as its successors are elected or appointed and qualified, 8 whichever is later: 9 Department of Highways and Public Transportation, except 10 Motor Vehicle Division the Department of Motor Vehicles, as 11 established by Section 56 - 1 - 5, and State Highway Patrol, formerly 12 provided for at Section 56-1-10, et seq. 13 Section 1-30-110. (A) Effective July 1, 1993, the following 14 agencies, boards, and commissions, including all of the allied, 15 advisory, affiliated, or related entities, as well as the employees, 16 funds, property, and all contractual rights and obligations 17 associated with any such agency, except for those subdivisions 18 specifically included under another department, are hereby 19 transferred to and incorporated in and shall be administered as part 20 of the office of the Governor: 21 (1) Continuum of Care for Emotionally Disturbed Children 22 provided for at Section 20-7-5610, et seq.; 23 (2) Guardian Ad Litem Program, formerly provided for at 24 Section 20-7-121, et seq.; 25 (3) State Office of Victim’s Assistance, formerly provided 26 for at Section 16-3-1110, et seq.; 27 (4) Department of Veterans Affairs, formerly provided for at 28 Section 25-11-10, et seq.; 29 (5) Commission on Women, formerly provided for at 30 Section 1-15-10, et seq.; 31 (6) Commission on Aging, formerly provided for at Section 32 43-21-10, et seq.; 33 (7) Foster Care Review Board, formerly provided for at 34 Section 20-7-2376, et seq.; 35 (8) Children’s Case Resolution System, as provided for in 36 Section 20 - 7 - 5210 et seq. 37 (B) Effective July 1, 2006, the following agencies, boards, and 38 commissions, as constituted in subsection (A), including all allied, 39 advisory, affiliated, or related entities, as well as the employees, 40 funds, property, and all contractual rights and obligations 41 associated with these entities, except for those subdivisions 42 specifically included or transferred to another department or
1 [80-22] 1 division, are transferred to the Department of Behavioral Health 2 Services, Division of Continuum of Care: 3 Continuum of Care, provided for at Section 20 - 7 - 5610, et seq. 4 Section 1-30-120. Effective July 1, 1993, the following 5 agencies, boards, and commissions, including all of the allied, 6 advisory, affiliated, or related entities, as well as the employees, 7 funds, property, and all contractual rights and obligations 8 associated with any such agency, except for those subdivisions 9 specifically included under another department, are hereby 10 transferred to and incorporated in and shall be administered as 11 part of the State Law Enforcement Division: 12 (A1)Alcoholic Beverage Control Commission enforcement 13 division, formerly provided for at Section 61-1-60, et seq.; 14 (B2) State Law Enforcement Division, formerly provided for at 15 Section 23-3-10, et seq.” 16 SECTION 2. Unless otherwise provided in this part, the 17 provisions of this part take effect upon approval by the Governor. 18 PART III 19 State Budget and Control Board/Department of Administration 20 Subpart 1 21 SECTION 1. Section 1-10-10 of the 1976 Code is amended to 22 read: 23 “Section 1-10-10. (A) As of 12:00 noon on the effective 24 date of this act, and permanently thereafter, the only flags 25 authorized to be flown atop the dome of the State House, in the 26 chambers of the Senate and House of Representatives, and on the 27 grounds of the Capitol Complex shall be as authorized in this 28 section. 29 The flags authorized to be flown atop the dome of the State 30 House and in the chambers of the Senate and House of 31 Representatives are the United States Flag and the South Carolina 32 State Flag. As of 12:00 noon on the effective date of this act, the 33 flag authorized to be flown at a designated location on the grounds 34 of the Capitol Complex is the South Carolina Infantry Battle Flag 35 of the Confederate States of America [the Battle Flag of the Army 36 of Northern Virginia (General Robert E. Lee’s Army) the South 37 Carolina, Georgia, Florida Department version]. This flag must be 38 flown on a flagpole located at a point on the south side of the 39 Confederate Soldier Monument, centered on the monument, ten 40 feet from the base of the monument at a height of thirty feet. The 41 flagpole on which the flag is flown and the area adjacent to the 42 monument and flagpole must be illuminated at night and an
1 [80-23] 1 appropriate decorative iron fence must be erected around the 2 flagpole. 3 The South Carolina Infantry Battle Flag of the Confederate 4 States of America is square measuring fifty-two inches on each 5 side, inclusive of the white border, with a St. Andrews Cross of 6 blue, edged with white, with thirteen equal five-pointed stars, upon 7 a red field, with the whole banner bordered in white. The blue 8 arms of the cross are 7.5 inches wide and the white border around 9 the flag proper is 1.5 inches wide. The stars are five-pointed, 10 inscribed within a circle six inches in diameter, and are uniform in 11 size. 12 From any funds appropriated to the Budget and Control Board, 13 the Division of General Services of the Budget and Control Board, 14 or its successor in interest, shall ensure that the flags authorized 15 above shall be placed at all times as directed in this section and 16 shall replace the flags at appropriate intervals as may be necessary 17 due to wear. 18 (B) The provisions of this section may only be amended or 19 repealed upon passage of an act which has received a two-thirds 20 vote on the third reading of the bill in each branch of the General 21 Assembly. 22 (C) The term ‘chambers’ of the House or Senate for the 23 purposes of this section does not include individual members’ 24 offices. The provisions of this section do not prohibit a private 25 individual on the capitol complex grounds from wearing as a part 26 of his clothing or carrying or displaying any type of flag including 27 a Confederate Flag.” 28 SECTION 2. Section 1-11-20 of the 1976 Code is amended to 29 read: 30 “Section 1-11-20. (A) The functions of the State Budget and 31 Board shall be are performed, exercised, and discharged under the 32 supervision and direction of the Board board through three two 33 management entities: (1) the office of Executive Director, and (2) 34 the State Auditor; and through eight divisions, the Finance 35 Division (embracing the work of the State Auditor, the former 36 State Budget Commission, the former State Finance Committee 37 and the former Board of Claims for the State of South Carolina), 38 the Purchasing and Property Division (embracing the work of the 39 former Commissioners of the Sinking Fund, the former Board of 40 Phosphate Commissioners, the State Electrician and Engineer, the 41 former Commission on State House and State House Grounds, the 42 central purchasing functions, the former Surplus Procurement 43 Division of the State Research, Planning and Development Board
1 [80-24] 1 and the Property Custodian) and the Division of Personnel 2 Administration (embracing the work of the former retirement 3 board known as the South Carolina Retirement System and the 4 administration of all laws relating to personnel),: (1) the General 5 Services Division, (2) the Budget and Analyses Division, (3) the 6 Retirement Division, (4) the Insurance and Grants Services 7 Division, (5) the Procurement Services Division, (6) the State 8 Chief Information Officer Division, (7) the Strategic Planning and 9 Operations Division, and (8) the Internal Audit and Performance 10 Review Division. each Each division to consist consists of a 11 director and such the necessary clerical, stenographic, and 12 technical employees as may be necessary, to be employed by the 13 respective directors with the approval of approved by the Board 14 board. The State Auditor shall be the director of the Finance 15 Division, ex officio, and the directors of the other divisions shall 16 must be employed by the State Budget and Control Board for such 17 the time and compensation, not greater than the term and 18 compensation for the State Auditor, as shall be fixed by the Board 19 board in its judgment. 20 (B) Notwithstanding subsection (A), as of July 1, 2006, the 21 Division of General Services, except for the real property 22 programs, and the Office of Energy in the Insurance and Grants 23 Services Division are transferred to, and incorporated into, the 24 Department of Administration. 25 (C) On and after July 1, 2006, and subject to the provisions of 26 Section 1 - 11 - 22, the Budget and Control Board consists of: 27 (1) three management entities: 28 (a) the office of Executive Director; 29 (b) the State Auditor; and 30 (c) the Chief Information Officer; 31 (2) one organizational entity: the Coordinating Council for 32 Cultural and Information Services; and 33 (3) six divisions: 34 (a) the State House, Legislative, and Judicial Facilities 35 Operations Division; 36 (b) the Budget and Analyses Division; 37 (c) the Retirement Division; 38 (d) the Insurance and Grants Services Division; 39 (e) the Procurement Services Division; and 40 (f) the Internal Audit and Performance Review Division. 41 (D) On and after July 1, 2006, the Cultural and Information 42 Services organizational entity of the Budget and Control Board is 43 established, as provided in Article 11 of Chapter 11 of Title 1, to
1 [80-25] 1 coordinate the activities of the State Library, the State Museum, 2 the Old Exchange Commission, the Department of Archives and 3 History, the Educational Television Commission, the Arts 4 Commission, the South Carolina Institute of Archaeology and 5 Anthropology, and the Confederate Relic Room of the Budget and 6 Control Board. 7 (E) On and after July 1, 2006, the Budget and Control Board 8 contains an additional division, known as the State House, 9 Legislative, and Judicial Facilities Operations Division, 10 responsible for the operations and management of the State House, 11 the Blatt Office Building, the Gressette Office Building, the 12 Supreme Court Building, the Calhoun Office Building, and the 13 Capitol Complex grounds. The Budget and Control Board must 14 not assess any rent, additional rent, or energy surcharges to the 15 General Assembly, the State Senate, the State House of 16 Representatives, or any committee or instrumentality of the 17 General Assembly, the Senate, or House of Representatives; the 18 Judicial Department; Legislative Council; or the Office of 19 Legislative Printing, Information and Technology Systems for use 20 of the buildings and facilities maintained by this division. 21 (F)(1) On and after January 1, 2006, there is created within the 22 Budget and Control Board the Grants Review Committee for the 23 purpose of awarding grants to counties and municipalities. The 24 committee shall consist of five members with one member 25 appointed by each of the following officials: the Governor, the 26 President Pro Tempore of the Senate, the Speaker of the House of 27 Representatives, the Chairman of the Finance Committee of the 28 Senate, and the Chairman of the Ways and Means Committee of 29 the House of Representatives. The officials may make initial 30 appointments to the committee and the committee members my 31 organize prior to January 1, 2006. Members shall serve two - year 32 terms coterminous with the appointing official. The committee 33 must adopt rules of procedure and elect a chairman from the 34 membership of the committee. 35 (2) The committee must meet at least twice annually to 36 review applications for grants submitted by counties and 37 municipalities. All applications must conform to and all grants 38 must be awarded pursuant to criteria established by the committee. 39 Grants must be awarded in amounts determined by the committee 40 from funds appropriated by the General Assembly. Staff for the 41 committee must be provided by the Budget and Control Board. 42 (3) Applications for grants of one hundred thousand dollars 43 or less must be processed administratively by the staff pursuant to
1 [80-26] 1 criteria established by the committee. Applications for grants to 2 exceed one hundred thousand dollars must be reviewed for 3 approval by the committee.” 4 SECTION 3. Section 1-11-22 of the 1976 Code is amended to 5 read: 6 “Section 1-11-22. (A) Notwithstanding any other provision of 7 law, the Budget and Control Board may organize its staff as it 8 deems considers most appropriate to carry out the various duties, 9 responsibilities, and authorities assigned to it and to its various 10 divisions and management and organizational entities. 11 (B) To the extent that any statutory provision divides any 12 responsibilities of any division, office, or program of the Budget 13 and Control Board between the board and one or more state 14 agencies, the transfer must not proceed until a realignment plan for 15 the allocation of staff, assets, and resources is prepared and 16 presented by the board’s Executive Director, and approved by the 17 board. Upon the board’s approval, the office of the Executive 18 Director must provide for the allocation as specified in the 19 realignment plan as soon as practicable. 20 (C) Notwithstanding any other provision of law, wherever the 21 Budget and Control Board maintains any responsibility related to a 22 program administered by the Department of Administration, 23 whether the responsibility be regulatory, oversight, approval, or 24 other, the board is authorized to expend revenues generated by the 25 programs to support the board’s responsibilities related to the 26 programs. The funds may be retained and expended in subsequent 27 fiscal years.” 28 SECTION 4. Chapter 11, Title 1 of the 1976 Code is amended 29 by adding: 30 “Section 1-11-54. (A) As used in this section: 31 (1) ‘Administrative standard’ means any requirement 32 imposed by the Department of Administration that is binding upon 33 another state agency. 34 (2) ‘Regulation’ means any statement of general public 35 applicability that implements or prescribes law or policy or 36 practice requirements of the Department of Administration. 37 (B) Any administrative standard developed by the Department 38 of Administration must be reviewed and approved by the Budget 39 and Control Board prior to implementation. 40 (C) Any regulation promulgated by the Department of 41 Administration must be reviewed by the General Assembly as 42 provided in the Administrative Procedures Act, Chapter 23 of Title 43 1, prior to implementation.”
1 [80-27] 1 SECTION 5. Section 1-11-55 of the 1976 Code is amended to 2 read: 3 “Section 1-11-55. (1) ‘Governmental body’ means a state 4 government department, commission, council, board, bureau, 5 committee, institution, college, university, technical school, 6 legislative body, government corporation, or other establishment 7 or official of the executive, judicial, or legislative branches branch 8 of this State. Governmental body excludes the General Assembly, 9 Legislative Council, the Office of Legislative Printing, Information 10 and Technology Systems, the Judicial Department, and all local 11 political subdivisions such as counties, municipalities, school 12 districts, or public service or special purpose districts. 13 (2)(a) The Budget and Control Board is hereby designated as 14 the single central broker for the leasing of real property for 15 governmental bodies. No governmental body shall enter into any 16 lease agreement or renew any existing lease except in accordance 17 with the provisions of this section. 18 (b) The Budget and Control Board must not assess any rent, 19 additional rent, or energy surcharges to the General Assembly, the 20 State Senate, the State House of Representatives, or any committee 21 or instrumentality of the General Assembly, the Senate, or House 22 of Representatives; the Judicial Department; Legislative Council; 23 or the Office of Legislative Printing, Information and Technology 24 Systems. 25 (3) When any governmental body needs to acquire real 26 property for its operations or any part thereof and state-owned 27 property is not available, it shall notify the Office of General 28 Services board of its requirement on rental request forms prepared 29 by the office. Such forms shall indicate the amount and location of 30 space desired, the purpose for which it shall be used, the proposed 31 date of occupancy and such other information as General Services 32 the board may require. Upon receipt of any such request, General 33 Services the board shall conduct an investigation of available 34 rental space which would adequately meet the governmental 35 body’s requirements, including specific locations which may be 36 suggested and preferred by the governmental body concerned. 37 When suitable space has been located which the governmental 38 body and the office board agree meets necessary requirements and 39 standards for state leasing as prescribed in procedures of the board 40 as provided for in subsection (5) of this section, General Services 41 the board shall give its written approval to the governmental body 42 to enter into a lease agreement. All proposed lease renewals shall
1 [80-28] 1 be submitted to General Services the board by the time specified 2 by General Services the board. 3 (4) The board shall adopt procedures to be used for 4 governmental bodies to apply for rental space, for acquiring leased 5 space, and for leasing state-owned space to nonstate lessees. 6 (5) Any participant in a property transaction proposed to be 7 entered who maintains that a procedure provided for in this section 8 has not been properly followed, may request review of the 9 transaction by the Director executive director of the Office of 10 General Services of the board or his designee. 11 SECTION 6. Sections 1-11-57 and 1-11-58 of the 1976 Code 12 are amended to read: 13 “Section 1-11-57. (1) All transactions involving the exchange 14 of title to real property, made for or by any governmental bodies, 15 excluding political subdivisions of the State, must be approved by 16 and recorded with the State Budget and Control Board. Upon 17 approval of an acquisition of title by any governmental body by 18 the Budget and Control Board, there must be recorded 19 simultaneously with the deed, a certificate of acceptance, which 20 acknowledges the board’s approval of the acquisition. The county 21 recording authority cannot accept for recording any deed not 22 accompanied by a certificate of acceptance. The board may 23 exempt a governmental body from the provisions of this 24 subsection. 25 (2) All state agencies, departments, and institutions authorized 26 by law to accept gifts of tangible personal property shall have 27 executed by its governing body an acknowledgment of acceptance 28 prior to transfer of the tangible personal property to the agency, 29 department, or institution. 30 (3) Except for any properties where the board determines title 31 should not be in the name of the State because the properties are 32 subject to reverter clauses or other restraints on the property, or 33 where the board determines the state would be best served by not 34 receiving title, and with the exception of properties, highways, and 35 roadways owned by the Department of Transportation, title of any 36 property acquired by a state agency or department shall be titled in 37 the name of the State under the control of the board. This 38 provision applies to all state agencies and departments except 39 institutions of higher learning, the Public Service Authority, the 40 Ports Authority, the Medical University of South Carolina Hospital 41 Authority, the Myrtle Beach Air Force Redevelopment Authority, 42 the Department of Transportation, and the Charleston Naval 43 Complex Redevelopment Authority.
1 [80-29] 1 Section 1-11-58. (1) Every state agency, as defined by Section 2 1-19-40, shall annually perform an inventory and prepare a report 3 of all residential and surplus real property owned by it. The report 4 shall be submitted to the State Budget and Control Board, Office 5 of General Services, on or before June thirtieth and shall indicate 6 current use, current value, and projected use of the property. 7 Property not currently being utilized for necessary agency 8 operations shall be made available for sale and funds received 9 from the sale of the property shall revert to the general fund. 10 (2) The Office of General Services will board shall review the 11 annual reports addressing real property submitted to it and 12 determine the real property which is surplus to the State. A central 13 listing of such property will be maintained for reference in 14 reviewing subsequent property acquisition needs of agencies. 15 (3) Upon receipt of a request by an agency to acquire 16 additional property, the Office of General Services board shall 17 review the surplus property list to determine if the agency’s needs 18 can may be met from existing state-owned property. If such 19 property is identified, the Office of General Services board shall 20 act as broker in transferring the property to the requesting agency 21 under terms and conditions that are mutually agreeable to the 22 agencies involved. 23 (4) The Budget and Control Board may authorize the Office of 24 General Services to sell sale of any unassigned surplus real 25 property. The Office of General Services board shall have the 26 discretion to determine the method of disposal to be used, which 27 possible methods include: auction, sealed bids, listing the property 28 with a private broker or any other method determined by the 29 Office of General Services board to be commercially reasonable 30 considering the type and location of property involved.” 31 SECTION 7. Section 1-11-65 of the 1976 Code is amended to 32 read: 33 “Section 1-11-65. (A) All transactions involving real property, 34 made for or by any governmental bodies, excluding political 35 subdivisions of the State, must be approved by and recorded with 36 the State Budget and Control Board. Upon approval of the 37 transaction by the Budget and Control Board, there must be 38 recorded simultaneously with the deed, a certificate of acceptance, 39 which acknowledges the board’s approval of the transaction. The 40 county recording authority cannot accept for recording any deed 41 not accompanied by a certificate of acceptance. The board may 42 exempt a governmental body from the provisions of this 43 subsection.
1 [80-30] 1 (B) All state agencies, departments, and institutions authorized 2 by law to accept gifts of tangible personal property shall have 3 executed by its governing body an acknowledgment of acceptance 4 prior to transfer of the tangible personal property to the agency, 5 department, or institution. 6 (C) Except for any properties where the board determines title 7 should not be in the name of the State because the properties are 8 subject to reverter clauses or other restraints on the property, or 9 where the board determines the state would be best served by not 10 receiving title, and with the exception of properties, highways, and 11 roadways owned by the Department of Transportation, title of any 12 property acquired by a state agency or department shall be titled in 13 the name of the State under the control of the board. This 14 provision applies to all state agencies and departments except 15 institutions of higher learning, the Public Service Authority, the 16 Ports Authority, the Medical University of South Carolina Hospital 17 Authority, the Myrtle Beach Air Force Redevelopment Authority, 18 the Department of Transportation, and the Charleston Naval 19 Complex Redevelopment Authority.” 20 SECTION 8. Chapter 11 of Title 1 of the 1976 Code is 21 amended by adding: 22 “Section 1-11-185. (A) In addition to the powers granted to the 23 Budget and Control Board pursuant to this chapter or another 24 provision of law, the board may require submission and approval 25 of plans and specifications for permanent improvements by a state 26 department, agency, or institution before a contract is awarded for 27 the permanent improvement. 28 (B) The Budget and Control Board may promulgate regulations 29 to adopt standards necessary to carry out its duties. 30 (C) The respective divisions of the Budget and Control Board 31 are authorized to provide to and receive from other governmental 32 entities, including other divisions and state and local agencies and 33 departments, goods, and services as will in its opinion promote 34 efficient and economical operations. The divisions may charge 35 and pay the entities for the goods and services, the revenue from 36 which must be deposited in the state treasury in a special account 37 and expended only for the costs of providing the goods and 38 services, and those funds may be retained and expended for the 39 same purposes.” 40 SECTION 9. Section 1-11-220 of the 1976 Code is amended to 41 read: 42 “Section 1-11-220. There is hereby established within the 43 Budget and Control Board, the Division of Motor Vehicle
1 [80-31] 1 Management headed by a Director, hereafter referred to as the 2 “State Fleet Manager”, appointed by and reporting directly to the 3 Budget and Control Board, hereafter referred to as the Board. The 4 Board Department of Administration shall develop a 5 comprehensive state Fleet Management Program. The program 6 shall must address acquisition, assignment, identification, 7 replacement, disposal, maintenance, and operation of motor 8 vehicles. 9 The Budget and Control Board department shall, through their 10 its policies and regulations, seek to achieve the following 11 objectives: 12 (a1) to achieve maximum cost-effectiveness management of 13 state-owned motor vehicles in support of the established missions 14 and objectives of the agencies, boards, and commissions. 15 (b2) to eliminate unofficial and unauthorized use of state 16 vehicles.; 17 (c3) to minimize individual assignment of state vehicles.; 18 (d4) to eliminate the reimbursable use of personal vehicles for 19 accomplishment of official travel when this use is more costly than 20 use of state vehicles.; 21 (e5) to acquire motor vehicles offering optimum energy 22 efficiency for the tasks to be performed.; and 23 (f6) to insure ensure motor vehicles are operated in a safe 24 manner in accordance with a statewide Fleet Safety Program.” 25 SECTION 10. Section 1-11-225 of the 1976 Code is amended 26 to read: 27 “Section 1-11-225. The Division of Operations Department of 28 Administration shall establish a cost allocation plan to recover the 29 cost of operating the comprehensive statewide Fleet Management 30 Program. The division shall collect, retain, and carry forward 31 funds to ensure continuous administration of the program.” 32 SECTION 11. Section 1-11-250, Section 1-11-260, Section 33 1-11-270(A) and (B), Section 1-11-280, Section 1-11-290, Section 34 1-11-300, Section 1-11-310, Section 1-11-320, Section 1-11-335, 35 and Section 1-11-340 are amended to read: 36 “Section 1-11-250. For purposes of Sections 1-11-220 to 37 1-11-330: 38 (a1) ‘State agency’ means all officers, departments, boards, 39 commissions, institutions, universities, colleges, and all persons 40 and administrative units of state government that operate motor 41 vehicles purchased, leased, or otherwise held with the use of state 42 funds, pursuant to an appropriation, grant or encumbrance of state 43 funds, or operated pursuant to authority granted by the State.
1 [80-32] 1 (b2) ‘Board’ means State Budget and Control Board. 2 (3) ‘Department’ means the Department of Administration. 3 Section 1-11-260. (A) The Fleet Manager department shall 4 report annually to the Budget and Control Board board and the 5 General Assembly concerning the performance of each state 6 agency in achieving the objectives enumerated in Sections 7 1-11-220 through 1-11-330 and include in the report a summary of 8 the division’s department’s efforts in aiding and assisting the 9 various state agencies in developing and maintaining their 10 management practices in accordance with the comprehensive 11 statewide Motor Vehicle Management Program. This report also 12 shall contain recommended changes in the law and regulations 13 necessary to achieve these objectives. 14 (B) The board department, after consultation with state agency 15 heads, shall promulgate and enforce state policies, procedures, and 16 regulations to achieve the goals of Sections 1-11-220 through 17 1-11-330 and shall recommend administrative penalties to be used 18 by the agencies for violation of prescribed procedures and 19 regulations relating to the Fleet Management Program. 20 Section 1-11-270. (A) The board department shall establish 21 criteria for individual assignment of motor vehicles based on the 22 functional requirements of the job, which shall reduce the 23 assignment to situations clearly beneficial to the State. Only the 24 Governor, and statewide elected officials, and agency heads are 25 provided a state-owned vehicle based on their position. Agency 26 heads may be provided a state - owned vehicle if recommended by 27 the department and approved by the Agency Heads Salary 28 Commission. 29 (B) Law enforcement officers, as defined by the agency head, 30 may be permanently assigned state-owned vehicles by their 31 respective agency head. Agency heads may assign a state-owned 32 vehicle to an employee when the vehicle carries or is equipped 33 with special equipment needed to perform duties directly related to 34 the employee’s job, and the employee is either in an emergency 35 response capacity after normal working hours or for logistical 36 reasons it is determined to be in the agency’s interest for the 37 vehicle to remain with the employee. No other employee may be 38 permanently assigned to a state-owned vehicle, unless the 39 assignment is cost advantageous to the State under guidelines 40 developed by the State Fleet Manager department. Statewide 41 elected officials, law enforcement officers, and those employees 42 who have been assigned vehicles because they are in an emergency 43 response capacity after normal working hours are exempt from
1 [80-33] 1 reimbursing the State for commuting miles. Other employees 2 operating a permanently assigned vehicle must reimburse the State 3 for commuting between home and work. 4 Section 1-11-280. The Board department shall develop a 5 system of agency-managed and interagency motor pools which 6 are, to the maximum extent possible, cost beneficial to the State. 7 All motor pools shall operate according to regulations promulgated 8 by the Budget and Control Board department. Vehicles shall be 9 placed in motor pools rather than being individually assigned 10 except as specifically authorized by the Board department in 11 accordance with criteria established by the Board department. The 12 motor pool operated by the Division of General Services shall be 13 transferred to the Division of Motor Vehicle Management. 14 Agencies utilizing motor pool vehicles shall utilize trip log forms 15 approved by the Board for each trip, specifying beginning and 16 ending mileage and the job function performed. 17 The provisions of this section shall do not apply to school buses 18 and service vehicles. 19 Section 1-11-290. The Board department in consultation with 20 the agencies operating maintenance facilities shall study the cost 21 effectiveness of such facilities versus commercial alternatives and 22 shall develop a plan for maximally cost-effective vehicle 23 maintenance. The Budget and Control Board department shall 24 promulgate rules and regulations governing vehicle maintenance to 25 effectuate the plan. 26 The State Vehicle Maintenance program shall include: 27 (a) central purchasing of supplies and parts; 28 (b) an effective inventory control system; 29 (c) a uniform work order and record-keeping system assigning 30 actual maintenance cost to each vehicle; and 31 (d) preventive maintenance programs for all types of vehicles. 32 All motor fuels shall be purchased from state facilities except in 33 cases where such purchase is impossible or not cost beneficial to 34 the State. 35 All fuels, lubricants, parts and maintenance costs including 36 those purchased from commercial vendors shall be charged to a 37 state credit card bearing the license plate number of the vehicle 38 serviced and the bill shall include the mileage on the odometer of 39 the vehicle at the time of service. 40 Section 1-11-300. In accordance with criteria established by the 41 board department, each agency shall develop and implement a 42 uniform cost accounting and reporting system to ascertain the cost 43 per mile of each motor vehicle used by the State under their
1 [80-34] 1 control. Agencies presently operating under existing systems may 2 continue to do so provided that board approval shall be required 3 and that the existing systems shall be uniform with the criteria 4 established by the board. All expenditures on a vehicle for 5 gasoline and oil shall be purchased in one of the following ways: 6 (1) from state-owned facilities and paid for by the use of 7 Universal State Credit Cards except where agencies purchase these 8 products in bulk; 9 (2) from any fuel outlet where gasoline and oil are sold 10 regardless of whether the outlet accepts a credit or charge card 11 when the purchase is necessary or in the best interest of the State; 12 and 13 (3) from a fuel outlet where gasoline and oil are sold when that 14 outlet agrees to accept the Universal State Credit Card. 15 These provisions regarding purchase of gasoline and oil and 16 usability of the state credit card also apply to alternative 17 transportation fuels where available. The Budget and Control 18 Board Division of Operations shall adjust the appropriation in Part 19 IA, Section 63B, for “Operating Expenses--Lease Fleet” to reflect 20 the dollar savings realized by these provisions and transfer such 21 amount to other areas of the State Fleet Management Program. 22 The Board department shall promulgate regulations regarding the 23 purchase of motor vehicle equipment and supplies to ensure that 24 agencies within a reasonable distance are not duplicating 25 maintenance services or purchasing equipment that is not in the 26 best interest of the State. The Board department shall develop a 27 uniform method to be used by the agencies to determine the cost 28 per mile for each vehicle operated by the State. 29 Section 1-11-310. (A) The State Budget and Control Board 30 Department of Administration shall purchase, acquire, transfer, 31 replace, and dispose of all motor vehicles on the basis of maximum 32 cost effectiveness and lowest anticipated total life cycle costs. 33 (B) The standard state fleet sedan or station wagon must be no 34 larger than a compact model and the special state fleet sedan or 35 station wagon must be no larger than an intermediate model. The 36 director of the Division of Motor Vehicle Management shall 37 determine the types of vehicles which fit into these classes. Only 38 these classes of sedans and station wagons may be purchased by 39 the State for nonlaw enforcement use. 40 (C) The State shall purchase police sedans only for the use of 41 law enforcement officers, as defined by the Internal Revenue 42 Code. Purchase of a vehicle under this subsection must be 43 concurred in by the director of the Division of Motor Vehicle
1 [80-35] 1 Management Department of Administration and must be in 2 accordance with regulations promulgated or procedures adopted 3 under Sections 1-11-220 through 1-11-340 which must take into 4 consideration the agency’s mission, the intended use of the 5 vehicle, and the officer’s duties. Law enforcement agency vehicles 6 used by employees whose job functions do not meet the Internal 7 Revenue Service definition of ‘Law Enforcement Officer’ must be 8 standard or special state fleet sedans. 9 (D)(C) All state motor vehicles must be titled to the State and 10 must be received by and remain in the possession of the Division 11 of Motor Vehicle Management Department of Administration 12 pending sale or disposal of the vehicle. 13 (E)(D) Titles to school buses and service vehicles operated by 14 the State Department of Education and vehicles operated by the 15 South Carolina Department of Transportation must be retained by 16 those agencies. 17 (F)(E) Exceptions to requirements in subsections subsection (B) 18 and (C) must be approved by the director of the Division of Motor 19 Vehicle Management department. Requirements in subsection (B) 20 do not apply to the State Development Board. 21 (G)(F) Preference in purchasing state motor vehicles must be 22 given to vehicles assembled in the United States with at least 23 seventy-five percent domestic content as determined by the 24 appropriate federal agency. 25 Section 1-11-320. The Board department shall ensure that all 26 state-owned motor vehicles are identified as such through the use 27 of permanent state-government state government license plates and 28 either state or agency seal decals. No vehicles shall be exempt 29 from the requirements for identification except those exempted by 30 the Board department. 31 This section shall not apply to vehicles supplied to law 32 enforcement officers when, in the opinion of the Board department 33 after consulting with the Chief of the State Law Enforcement 34 Division, those officers are actually involved in undercover law 35 enforcement work to the extent that the actual investigation of 36 criminal cases or the investigators’ physical well-being would be 37 jeopardized if they were identified. The Board department is 38 authorized to exempt vehicles carrying human service agency 39 clients in those instances in which the privacy of the client would 40 clearly and necessarily be impaired. 41 Section 1-11-335. The respective divisions of the Budget and 42 Control Board Department of Administration are authorized to 43 provide to and receive from other governmental entities, including
1 [80-36] 1 other divisions and state and local agencies and departments, 2 goods and services, as will in its opinion promote efficient and 3 economical operations. The divisions may charge and pay the 4 entities for the goods and services, the revenue from which shall be 5 deposited in the state treasury in a special account and expended 6 only for the costs of providing the goods and services, and such 7 funds may be retained and expended for the same purposes. 8 Section 1-11-340. The Board department shall develop and 9 implement a statewide Fleet Safety Program for operators of 10 state-owned vehicles which shall serve to minimize the amount 11 paid for rising insurance premiums and reduce the number of 12 accidents involving state-owned vehicles. The Board department 13 shall promulgate rules and regulations requiring the establishment 14 of an accident review board by each agency and mandatory driver 15 training in those instances where remedial training for employees 16 would serve the best interest of the State.” 17 SECTION 12. Chapter 11, Title 1 of the 1976 Code is 18 amended by adding: 19 “Article 11 20 Coordinating Council for 21 Cultural and Information Services 22 Section 1-11-1510. (A) Effective July 1, 2006, without 23 affecting the agencies’ existing governing bodies, there is created 24 the Coordinating Council for Cultural and Information Services as 25 an organizational entity in the Budget and Control Board. The 26 membership of the coordinating council consists of the: 27 (1) Executive Director of the South Carolina Arts 28 Commission; 29 (2) Director of the South Carolina Department of Archives 30 and History; 31 (3) Director of the Confederate Relic Room and Museum; 32 (4) President of South Carolina Educational Television; 33 (5) Director of the South Carolina State Library; 34 (6) Director of the South Carolina State Museum; 35 (7) State Archaeologist of the South Carolina Institute of 36 Archaeology and Anthropology, and 37 (8) Chairman of the Old Exchange Commission. 38 (B) The chairman of the coordinating council must be elected 39 annually by majority vote of the members. A member is not 40 eligible to serve as chairman until he has served in his agency 41 position for more than one year. The chairmanship of the council 42 must rotate among the members, and a member elected as 43 chairman must not serve successive annual terms.
1 [80-37] 1 (C) Staffing for the coordinating council must be provided by 2 the participating agencies. 3 Section 1-11-1520. (A) No later than August 1, 2006, the 4 coordinating council must meet to organize. 5 (B) The coordinating council must meet at the call of the chair 6 and at least quarterly, beginning in October of 2006, to discuss 7 ways to enhance the growth and development of the cultural and 8 information services in the State and develop a strategic plan for 9 coordinating activities among the member agencies and 10 consolidating certain services in an effort to avoid duplication and 11 increase efficiency and effectiveness. Following each meeting, the 12 chairman of the coordinating council must make a report to the 13 Executive Director of the Budget and Control Board concerning 14 the plans for coordinated and consolidated activities that the 15 coordinating council is proposing and has implemented. 16 (C) The coordinating council may request assistance from the 17 Executive Director and staff of the Budget and Control Board and 18 other state cultural resources in order to achieve its objectives. 19 Section 1-11-1530. The coordinating council must make a 20 consolidated report to the Budget and Control Board concerning 21 plans for coordinating services among the agencies of the 22 coordinating council and at such other times as the board may 23 require. A copy of any consolidated report must also be submitted 24 to the Chairmen of the Senate Judiciary Committee and the House 25 of Representatives Judiciary Committee. 26 Section 1-11-1540. (A) The coordinating council shall make 27 recommendations to the General Assembly as to the policies and 28 programs involved in the state’s cultural and information services. 29 (B) This section does not limit an agency’s direct access to the 30 General Assembly, and each agency shall offer information as a 31 separate and distinct entity as it relates to the budget process. 32 Section 1-11-1550. Neither the provisions of Sections 1-11-1510 33 through 1-11-1550 nor the coordinating council shall infringe upon 34 nor diminish the duties and responsibilities of the governing bodies 35 of the agencies involved.” 36 SECTION 13. Section 2-47-56 of the 1976 Code is amended 37 to read: 38 “Section 2-47-56. Each state agency and institution may accept 39 gifts-in-kind for architectural and engineering services and 40 construction of a value less than two hundred fifty thousand dollars 41 with the approval of the Commission of Higher Education or its 42 designated staff, the Director of the Division of General Services 43 Budget and Control Board, or its designated staff, and the Joint
1 [80-38] 1 Bond Review Committee or its designated staff. No other 2 approvals or procedural requirements, including the provisions of 3 Section 11-35-10, may be imposed on the acceptance of such 4 gifts.” 5 SECTION 14. Chapter 9, Title 3 of the 1976 Code is amended 6 to read: 7 “CHAPTER 9 8 Acquisition and Distribution of Federal Surplus Property 9 Section 3-9-10. (aA) The Division of General Services of the 10 State Budget and Control Board Department of Administration is 11 authorized to: 12 (1) To acquire from the United States of America under and 13 in conformance with the provisions of Section 203(j) of the 14 Federal Property and Administrative Services Act of 1949, as 15 amended, hereafter referred to as the ‘act,’ such property, 16 including equipment, materials, books, or other supplies under the 17 control of any department or agency of the United States of 18 America as may be usable and necessary for purposes of 19 education, public health or civil defense, including research for 20 any such purpose, and for such other purposes as may now or 21 hereafter be authorized by Federal federal law; 22 (2) To warehouse such property; and 23 (3) To distribute such property within the State to 24 tax-supported medical institutions, hospitals, clinics, health 25 centers, school systems, schools, colleges and universities within 26 the State, to other nonprofit medical institutions, hospitals, clinics, 27 health centers, schools, colleges, and universities which are 28 exempt from taxation under Section 501(c)(3) of the United States 29 Internal Revenue Code of 1954, to civil defense organizations of 30 the State, or political subdivisions and instrumentalities thereof, 31 which are established pursuant to State state law, and to such other 32 types of institutions or activities as may now be or hereafter 33 become eligible under Federal federal law to acquire such 34 property. 35 (bB) The Division of General Services of the Department of 36 Administration is authorized to receive applications from eligible 37 health and educational institutions for the acquisition of Federal 38 federal surplus real property, investigate the applications, obtain 39 expression of views respecting the applications from the 40 appropriate health or educational authorities of the State, make 41 recommendations regarding the need of such applicant for the 42 property, the merits of its proposed program of utilization, the 43 suitability of the property for the purposes, and otherwise assist in
1 [80-39] 1 the processing of the applications for acquisition of real and related 2 personal property of the United States under Section 203(k) of the 3 act. 4 (cC) For the purpose of executing its authority under this 5 chapter, the Division of General Services of the Department of 6 Administration is authorized to adopt, amend, or rescind rules and 7 regulations and prescribe such requirements as may be deemed 8 necessary; and take such other action as is deemed necessary and 9 suitable, in the administration of this chapter, to assure maximum 10 utilization by and benefit to health, educational, and civil defense 11 institutions and organizations within the State from property 12 distributed under this chapter. 13 (dD)The Budget and Control Board Department of 14 Administration is authorized to appoint advisory boards or 15 committees, and to employ such personnel and prescribe their 16 duties as are deemed considered necessary and suitable for the 17 administration of this chapter. 18 (eE) The Director of the Division of General Services of the 19 Department of Administration is authorized to make such 20 certifications, take such action and enter into such contracts, 21 agreements, and undertakings for and in the name of the State 22 (including cooperative agreements with any Federal federal 23 agencies providing for utilization of property and facilities by and 24 exchange between them of personnel and services without 25 reimbursement), require such reports and make such investigations 26 as may be required by law or regulation of the United States of 27 America in connection with the receipt, warehousing, and 28 distribution of personal property received by him from the United 29 States of America. 30 (fF) The Division of General Services of the Department of 31 Administration is authorized to act as clearinghouse of information 32 for the public and private nonprofit institutions, organizations, and 33 agencies referred to in subparagraph (a) of this section and other 34 institutions eligible to acquire federal surplus personal property, to 35 locate both real and personal property available for acquisition 36 from the United States of America, to ascertain the terms and 37 conditions under which such property may be obtained, to receive 38 requests from the above-mentioned institutions, organizations and 39 agencies and to transmit to them all available information in 40 reference to such property, and to aid and assist such institutions, 41 organizations, and agencies in every way possible in the 42 consummation of acquisitions or transactions hereunder.
1 [80-40] 1 (gG)The Division of General Services, in the administration of 2 this chapter, shall cooperate to the fullest extent consistent with the 3 provisions of the act, and with the departments or agencies of the 4 United States of America, and shall file a State state plan of 5 operation, and operate in accordance therewith, and take such 6 action as may be necessary to meet the minimum standards 7 prescribed in accordance with the act, and make such reports in 8 such form and containing such information as the United States of 9 America or any of its departments or agencies may from time to 10 time require, and it shall comply with the laws of the United States 11 of America and the rules and regulations of any of the departments 12 or agencies of the United States of America governing the 13 allocation, transfer, use, or accounting for, property donable or 14 donated to the State. 15 Section 3-9-20. The Director of the Division of General 16 Services of the Department of Administration may delegate such 17 power and authority as he deems considers reasonable and proper 18 for the effective administration of this chapter. The State Budget 19 and Control Board Department of Administration may require 20 bond of any person in the employ of the Division of General 21 Services receiving or distributing property from the United States 22 under authority of this chapter. 23 Section 3-9-30. Any charges made or fees assessed by the 24 Division of General Services of the Department of Administration 25 for the acquisition, warehousing, distribution, or transfer of any 26 property of the United States of America for educational, public 27 health, or civil defense purposes, including research for any such 28 purpose, or for any purpose which may now be or hereafter 29 become eligible under the act, shall be limited to those reasonably 30 related to the costs of care and handling in respect to its 31 acquisition, receipt, warehousing, distribution, or transfer. 32 Section 3-9-40. The provisions of this chapter shall not apply to 33 the acquisition of property acquired by agencies of the State under 34 the priorities established by Section 308 (b), Title 23, United States 35 Code, Annotated.” 36 SECTION 15. Section 10-1-10 of the 1976 Code is amended 37 to read: 38 “Section 10-1-10. (A) The State Budget and Control Board 39 shall keep, landscape, cultivate, and beautify the State House and 40 State House Capitol Complex grounds with authority to expend 41 such amounts as may be annually appropriated therefore. The 42 Board board shall employ all help and labor in policing, protecting,
1 [80-41] 1 and caring for the State House and State House Capitol Complex 2 grounds and shall have full authority over them. 3 (B) The State Budget and Control Board shall keep and 4 maintain the Blatt Office Building, Gressette Office Building, 5 Supreme Court Building, and Calhoun Office Building with 6 authority to expend amounts appropriated annually therefore. 7 (C) The Department of Administration shall keep, landscape, 8 cultivate, and beautify the Governor’s mansion and its grounds 9 with authority to expend such amounts as may be annually 10 appropriated therefore. The Department of Administration shall 11 employ all help and labor in policing, protecting, and caring for the 12 Governor’s mansion and its grounds and shall have full authority 13 over them.” 14 SECTION 16. Section 10-1-30 of the 1976 Code is amended 15 to read: 16 “Section 10-1-30. The Director of the Division of General 17 Services of the State Budget and Control Board may authorize the 18 use of the State House lobbies, the State House steps and grounds, 19 and other public buildings and grounds in accordance with 20 regulations promulgated by the board. The director shall obtain 21 the approval of the Clerk of the Senate before authorizing any use 22 of the Gressette Building and shall obtain the approval of the Clerk 23 of the House of Representatives before authorizing any use of the 24 Blatt Building. The regulations must contain provisions to insure 25 ensure that the public health, safety, and welfare will be are 26 protected in the use of the areas including reasonable time, place, 27 and manner restrictions and application periods before use. If 28 sufficient measures cannot be taken to protect the public health, 29 safety, and welfare, the director shall deny the requested use. 30 Other restrictions may be imposed on the use of the areas as are 31 necessary for the conduct of business in those areas and the 32 maintenance of the dignity, decorum, and aesthetics of the areas.” 33 SECTION 17. Sections 10-1-180 of the 1976 Code is 34 amended to read: 35 “Section 10-1-180. The expenditure of funds by any state 36 agency, except the Department of Transportation for permanent 37 improvements as defined in the state budget, is subject to approval 38 and regulation of the State Budget and Control Board. The board 39 shall have authority to allot to specific projects from funds made 40 available for such purposes, such amounts as are estimated to 41 cover the respective costs of such projects, to declare the 42 completion of any such projects, and to dispose, according to law, 43 of any unexpended balances of allotments, or appropriations, or
1 [80-42] 1 funds otherwise provided for such projects, upon the completion 2 thereof. The approval of the Budget and Control Board is not 3 required for minor construction projects, including renovations and 4 alterations, where the cost does not exceed an amount determined 5 by the Joint Bond Review Committee and the Budget and Control 6 Board. 7 All construction, improvement, and renovation of state buildings 8 shall comply with the applicable standards and specifications set 9 forth in each of the following codes: The Standard Building Code, 10 The Standard Existing Building Code, The Standard Gas Code, 11 The Standard Mechanical Code, The Standard Plumbing Code, and 12 The Standard Fire Prevention Code, all as adopted by the Southern 13 Building Code Congress International, Inc.; and the National 14 Electrical Code NFPA 70, The National Electrical Safety 15 Code-ANSI-C2, The National Fire Protection Association 16 Standard-NFPA 59, all with the code editions, revision years, and 17 deletions as specified in the Manual For Planning and Execution of 18 State Permanent Improvements. The State Engineer shall 19 determine the enforcement and interpretation of the 20 aforementioned codes and referenced standards on state buildings. 21 Any interested local officials shall coordinate their comments 22 related to state buildings through the State Engineer and shall 23 neither delay construction nor delay or deny water, sewer, power, 24 other utilities, or firefighting services. Agencies may appeal to the 25 Director of Office of General Services Budget and Control Board, 26 Procurement Services Division, regarding the application of these 27 codes to state buildings.” 28 SECTION 18. Section 10-11-30 of the 1976 Code is amended 29 to read: 30 “ “Section 10-11-30. (A) It shall be unlawful for any person to 31 trespass upon the grass plots or flower beds of the grounds of the 32 State House or the Governor’s mansion, or of the grounds 33 surrounding any of the State office buildings located in the area 34 bounded by Assembly, Gervais, Bull, and Pendleton Streets in the 35 city of Columbia, to damage or deface any of the buildings, or to 36 cut down, deface, mutilate or otherwise injure any of the statues, 37 trees, shrubs, grasses or flowers on the grounds or commit any 38 other trespass upon any property of the State, real or personal, 39 located thereon. 40 (B) It shall be unlawful for any person to trespass upon the 41 grass plots or flower beds of the grounds of the Governor’s 42 mansion, to damage or deface any of the buildings, or to cut down, 43 deface, mutilate, or otherwise injure any of the statues, trees,
1 [80-43] 1 shrubs, grasses, or flowers on the grounds or commit any other 2 trespass upon any property of the State, real or personal, located 3 thereon.” 4 SECTION 19. Section 10-11-50 of the 1976 Code is amended 5 to read: 6 “Section 10-11-50. (A) It shall be unlawful for anyone to park 7 any vehicle on any of the property described in Section 10-11-40 8 and subsection (2) of Section 10-11-80 except in the spaces and 9 manner now marked and designated or that may hereafter be 10 marked and designated by the State Budget and Control Board or 11 the Department of Administration, in cooperation with the 12 Department of Transportation, or to block or impede traffic 13 through the alleys and driveways. 14 (B) The Department of Administration must ensure that 15 parking spaces are available in the garage below the Capitol 16 Complex, in proximity to the buildings utilized by the legislative, 17 judicial, and executive branches, in the locations in use on the 18 effective date of this section, and assigned as follows: 19 (1) two hundred-thirty for the House of Representatives; 20 (2) two hundred-twelve for the Senate; 21 (3) twenty - nine for the Judicial Department; and 22 (4) fifty - seven for the Governor’s Office.” 23 SECTION 20. Section 10-11-90 of the 1976 Code is amended 24 to read: 25 “Section 10-11-90. (A) The watchmen and policemen 26 employed by the Budget and Control Board for the protection of 27 the property described in Sections 10-11-30(A) and 10-11-40 and 28 subsection (2) of Section 10-11-80 are hereby vested with all of the 29 powers, privileges and immunities of constables while on this area 30 or in fresh pursuit of those violating the law in this area, provided 31 that such watchmen and policemen take and file the oath required 32 of peace officers, execute and file bond in the form required of 33 State state constables, in the amount of one thousand dollars, with 34 the Budget and Control Board, and be duly commissioned by the 35 Governor. 36 (B) The watchmen and policemen employed by the Department 37 of Administration for the protection of the property described in 38 Sections 10 - 11 - 30(B) are hereby vested with all of the powers, 39 privileges and immunities of constables while on this area or in 40 fresh pursuit of those violating the law in this area, provided that 41 such watchmen and policemen take and file the oath required of 42 peace officers, execute and file bond in the form required of state
1 [80-44] 1 constables with the Department of Administration and be duly 2 commissioned by the Governor.” 3 SECTION 21. Section 10-11-110 of the 1976 Code is 4 amended to read: 5 “Section 10-11-110. In connection with traffic and parking 6 violations only, the watchmen and policemen referred to in Section 7 10-11-90, State state highway patrolmen and policemen of the city 8 City of Columbia shall have the right to issue and use parking 9 tickets of the type used by the city City of Columbia, with such 10 changes as are necessitated hereby, to be prepared and furnished 11 by the Budget and Control Board or the Department of 12 Administration, upon the issuance of which the procedures shall be 13 followed as prevail in connection with the use of parking tickets by 14 the city City of Columbia. Nothing herein shall restrict the 15 application and use of regular arrest warrants.” 16 SECTION 22. Sections 11-35-3810, 11-35-3820, 11-35-3830, 17 and 11-35-3840 are amended to read: 18 “Section 11-35-3810. Subject to existing provisions of law, the 19 board Department of Administration, Division of General Services 20 shall promulgate regulations governing: 21 (1) the sale, lease, or disposal of surplus supplies by public 22 auction, competitive sealed bidding, or other appropriate methods 23 designated by such regulations; and 24 (2) the transfer of excess supplies between agencies and 25 departments. 26 Section 11-35-3820. Except as provided in Section 11-35-1580 27 and Section 11-35-3830 and the regulations pursuant thereto, the 28 sale of all state-owned supplies, property, or personal property not 29 in actual public use shall be conducted and directed by the Office 30 division of General Services. Such sales shall be held at such 31 places and in such manner as in the judgment of the Office 32 division shall be most advantageous to the State. Unless otherwise 33 determined, sales shall be by either public auction or competitive 34 sealed bid to the highest bidder. Each governmental body shall 35 inventory and report to the Office of General Services division all 36 surplus personal property not in actual public use held by that 37 agency for sale. The Office of General Services division shall 38 deposit the proceeds from such sales, less expense of the sales, in 39 the state general fund or as otherwise directed by regulation. This 40 policy and procedure shall apply to all governmental bodies unless 41 exempt by law. 42 Section 11-35-3830 (1) Trade-in Value. Unless otherwise 43 provided by law, governmental bodies may trade in personal
1 [80-45] 1 property, the trade-in value of which may be applied to the 2 procurement or lease of like items. The trade-in value of such 3 personal property shall not exceed an amount as specified in 4 regulations promulgated by the board Department of 5 Administration. 6 (2) Approval of Trade-in Sales. When the trade-in value of 7 personal property of a governmental body exceeds the specified 8 amount, the board Department of Administration shall have the 9 authority to determine whether: 10 (a) the subject personal property shall be traded in and the 11 value applied to the purchase of new like items; or 12 (b) the property shall be classified as surplus and sold in 13 accordance with the provisions of Section 11-35-3820. The board 14 departmental determination shall be in writing and be subject to 15 the provisions of this chapter. 16 (3) Record of Trade-in Sales. Governmental bodies shall 17 submit quarterly to the materials management officer department a 18 record listing all trade-in sales made under subsections (1) and (2) 19 of this section. 20 Section 11-35-3840. The Office of General Services of the 21 State Budget and Control Board may license for public sale 22 publications and materials pertaining to training programs and 23 information technology products which are developed during the 24 normal course of the Office’s board’s activities. Such items shall 25 be licensed at such reasonable costs as are established in 26 accordance with the cost of the items. All proceeds from the sale 27 of the publications and materials shall be placed in a revenue 28 account and expended for the cost of providing such services.” 29 SECTION 23. Section 11-35-4020 of the 1976 Code is 30 amended to read: 31 “Section 11-35-4020. Governmental bodies approved by the 32 board Department of Administration may sell any supplies owned 33 by it after such supplies have become entirely unserviceable and 34 can properly be classified as ‘junk’, in accordance with procedures 35 established by the Office Division of General Services. All sales 36 of unserviceable supplies by the governmental body shall be made 37 in public to the highest bidder, after advertising for fifteen days, 38 and the funds from such sales shall be credited to the account of 39 the governmental body owning and disposing of such 40 unserviceable supplies.” 41 SECTION 24. Sections 44-53-530(a) and (b) are amended to 42 read:
1 [80-46] 1 “(a) Forfeiture of property defined in Section 44-53-520 must 2 be accomplished by petition of the Attorney General or his 3 designee or the circuit solicitor or his designee to the court of 4 common pleas for the jurisdiction where the items were seized. 5 The petition must be submitted to the court within a reasonable 6 time period following seizure and shall set forth the facts upon 7 which the seizure was made. The petition shall describe the 8 property and include the names of all owners of record and 9 lienholders of record. The petition shall identify any other persons 10 known to the petitioner to have interests in the property. Petitions 11 for the forfeiture of conveyances shall also include: the make, 12 model, and year of the conveyance, the person in whose name the 13 conveyance is registered, and the person who holds the title to the 14 conveyance. The petition shall set forth the type and quantity of 15 the controlled substance involved. A copy of the petition must be 16 sent to each law enforcement agency which has notified the 17 petitioner of its involvement in effecting the seizure. Notice of 18 hearing or rule to show cause must be directed to all persons with 19 interests in the property listed in the petition, including law 20 enforcement agencies which have notified the petitioner of their 21 involvement in effecting the seizure. Owners of record and 22 lienholders of record may be served by certified mail, to the last 23 known address as appears in the records of the governmental 24 agency which records the title or lien. 25 The judge shall determine whether the property is subject to 26 forfeiture and order the forfeiture confirmed. If the judge finds a 27 forfeiture, he shall then determine the lienholder’s interest as 28 provided in this article. The judge shall determine whether any 29 property must be returned to a law enforcement agency pursuant to 30 Section 44-53-582. 31 If there is a dispute as to the division allocation of the proceeds 32 of forfeited property among participating law enforcement 33 agencies, this issue must be determined by the judge. The 34 proceeds from a sale of property, conveyances, and equipment 35 must be disposed of pursuant to subsection (e) of this section. 36 All property, conveyances, and equipment which will not be 37 reduced to proceeds may be transferred to the law enforcement 38 agency or agencies or to the prosecution agency. Upon agreement 39 of the law enforcement agency or agencies and the prosecution 40 agency, conveyances and equipment may be transferred to any 41 other appropriate agency. Property transferred must not be used to 42 supplant operating funds within the current or future budgets. If 43 the property seized and forfeited is an aircraft or watercraft and is
1 [80-47] 1 transferred to a state law enforcement agency or other state agency 2 pursuant to the provisions of this subsection, its use and retainage 3 by that agency shall be at the discretion and approval of the Budget 4 and Control Board Department of Administration. 5 (b) If the property is seized by a state law enforcement agency 6 and is not transferred by the court to the seizing agency, the judge 7 shall order it transferred to the Division of General Services of the 8 Department of Administration for sale. Proceeds may be used by 9 the division for payment of all proper expenses of the proceedings 10 for the forfeiture and sale of the property, including the expenses 11 of seizure, maintenance, and custody, and other costs incurred by 12 the implementation of this section. The net proceeds from any sale 13 must be remitted to the State Treasurer as provided in subsection 14 (g) of this section. The Division of General Services of the 15 Department of Administration may authorize payment of like 16 expenses in cases where monies, negotiable instruments, or 17 securities are seized and forfeited.” 18 SECTION 25. Section 44-96-140 of the 1976 Code is 19 amended to read: 20 “Section 44-96-140. (A) Not later than twelve months after the 21 date on which the department submits the state solid waste 22 management plan to the Governor and to the General Assembly, 23 the General Assembly, the Governor’s Office, the Judiciary, each 24 state agency, and each state-supported institution of higher 25 education shall: 26 (1) establish a source separation and recycling program in 27 cooperation with the department and the Division of General 28 Services of the State Budget and Control Board Department of 29 Administration for the collection of selected recyclable materials 30 generated in state offices throughout the State including, but not 31 limited to, high-grade office paper, corrugated paper, aluminum, 32 glass, tires, composting materials, plastics, batteries, and used oil; 33 (2) provide procedures for collecting and storing recyclable 34 materials, containers for storing materials, and contractual or other 35 arrangements with collectors or buyers of the recyclable materials, 36 or both; 37 (3) evaluate the amount of waste paper material recycled and 38 make all necessary modifications to the recycling program to 39 ensure that all waste paper materials are recycled to the maximum 40 extent feasible; and 41 (4) establish and implement, in cooperation with the 42 department and the Division of General Services of the 43 Department of Administration, a solid waste reduction program for
1 [80-48] 1 materials used in the course of agency operations. The program 2 shall be designed and implemented to achieve the maximum 3 feasible reduction of solid waste generated as a result of agency 4 operations. 5 (B) Not later than September fifteen of each year, each state 6 agency and each state-supported institution of higher learning shall 7 submit to the department a report detailing its source separation 8 and recycling program and a review of all goods and products 9 purchased during the previous fiscal year by those agencies and 10 institutions containing recycled materials using the content 11 specifications established by the Office of Materials Management 12 Division of General Services, Department of Administration. 13 (C) By November first of each year the department shall submit 14 a report to the Governor and to the General Assembly reviewing 15 all goods and products purchased by the State and determining 16 what percentage of state purchases contain recycled materials 17 using content specifications established by the Office of Materials 18 Management, Division of General Services, Department of 19 Administration. The report also must review existing procurement 20 regulations for the purchase of products and materials and must 21 identify any portions of such regulations that discriminate against 22 products and materials with recycled content and products and 23 materials which are recyclable. 24 (D) Not later than one year after this chapter is effective, the 25 Division of General Services, Department of Administration shall 26 recommend to the Budget and Control Board changes to amend the 27 procurement regulations to eliminate the portions of the 28 regulations identified in its report as discriminating against 29 products and materials with recycled content and products and 30 materials which are recyclable. 31 (E) Not later than one year after the effective date of the 32 amendments to the procurement regulations, the General 33 Assembly, the Governor’s Office, the Judiciary, all state agencies, 34 all political subdivisions using state funds to procure items, and all 35 persons contracting with such agency or political subdivision 36 where such persons procure items with state funds shall procure 37 products and materials with recycled content and products and 38 materials which are recyclable where practicable, as determined by 39 the Office of Materials Management, Division of General Services, 40 Department of Administration. The list of recycled content 41 specifications must be updated annually. It is the goal of the 42 General Assembly for state and local governmental agencies to 43 reflect a twenty-five percent goal in their procurement policies.
1 [80-49] 1 The decision not to procure such items shall be based on a 2 determination that such procurement items: 3 (1) are not available within a reasonable period of time; 4 (2) fail to meet the performance standards set forth in the 5 applicable specifications; or 6 (3) are only available at a price that exceeds by more than 7 seven and one-half percent the price of alternative items. 8 (F) Not later than six months after this chapter is effective, and 9 annually thereafter, the Department of Transportation shall submit 10 a report to the Governor and to the General Assembly on the use 11 of: 12 (1) compost as a substitute for regular soil amendment 13 products in all highway projects; 14 (2) solid waste including, but not limited to, ground rubber 15 from tires and fly ash or mixtures of them from coal-fired 16 electrical facilities in road surfacing of subbase materials; 17 (3) solid waste including, but not limited to, glass aggregate, 18 plastic, and fly ash in asphalt or concrete; and 19 (4) recycled mixed-plastic materials for guardrail posts, 20 right-of-way fence posts, and sign supports.” 21 SECTION 26. Section 10-5-270(A)(1) of the 1976 Code is 22 amended to read: 23 “(1) for state-owned or leased facilities, to the State Engineer, 24 Office of General Services, State Budget and Control Board, 25 Procurement Services Division;” 26 SECTION 27. Chapter 9 of Title 10 of the 1976 Code is 27 amended to read: 28 “CHAPTER 9 29 Minerals and Mineral Interests in Public Lands 30 Article 1 31 General Provisions 32 Section 10-9-10. The Public Service Authority may, through its 33 board of directors, make and execute leases of gas, oil, and other 34 minerals and mineral rights, excluding phosphate and lime and 35 phosphatic deposits, over and upon the lands and properties owned 36 by said Authority; and the State Budget and Control Board 37 Department of Administration and the forfeited land commissions 38 of the several counties of this State may, with the approval of the 39 Attorney General, make and execute such leases over and upon the 40 lands and waters of the State and of the several counties under the 41 ownership, management, or control of such Board the department 42 and commissions respectively.
1 [80-50] 1 Section 10-9-20. No such lease shall provide for a royalty of less 2 than twelve and one-half per cent of production of oil and gas from 3 the lease. 4 Section 10-9-30. Nothing contained in this article shall estop the 5 State from enacting proper laws for the conservation of the oil, 6 gas, and other mineral resources of the State and all leases and 7 contracts made under authority of this article shall be subject to 8 such laws; provided, that the State Budget and Control Board 9 Department of Administration may negotiate for leases of oil, gas, 10 and other mineral rights upon all of the lands and waters of the 11 State, including offshore marginal and submerged lands. 12 Section 10-9-35. In the event that the State of South Carolina is 13 the recipient of revenues derived from offshore oil leases within 14 the jurisdictional limits of the State such revenues shall be 15 deposited with the State Treasurer in a special fund and shall be 16 expended only by authorization of the General Assembly. 17 Funds so accumulated shall be expended only for the following 18 purposes: 19 (1) to retire the bonded indebtedness incurred by South 20 Carolina; 21 (2) for capital improvement expenditures. 22 Section 10-9-40. The authority conferred upon the Public 23 Service Authority, the State Budget and Control Board Department 24 of Administration, and the forfeited land commissions by this 25 article shall be cumulative and in addition to the rights and powers 26 heretofore vested by law in such Authority, such State Budget and 27 Control Board the Department of Administration, and such 28 commissions, respectively. 29 Article 3 30 Phosphate 31 Section 10-9-110. The State Budget and Control Board 32 Department of Administration shall be charged with the exclusive 33 control and protection of the rights and interest of the State in the 34 phosphate rocks and phosphatic deposits in the navigable streams 35 and in the marshes thereof. 36 Section 10-9-120. The Board department may inquire into and 37 protect the interests of the State in and to any phosphatic deposits 38 or mines, whether in the navigable waters of the State or in land 39 marshes or other territory owned or claimed by other parties, and 40 in the proceeds of any such mines and may take such action for, or 41 in behalf of, the State in regard thereto as it may find necessary or 42 deem proper.
1 [80-51] 1 Section 10-9-130. The Board department may issue to any 2 person who applies for a lease or license granting a general right to 3 dig, mine, and remove phosphate rock and phosphatic deposits 4 from all the navigable streams, waters, and marshes belonging to 5 the State and also from such of the creeks, not navigable, lying 6 therein as may contain phosphate rock and deposits belonging to 7 the State and not previously granted. Such leases or licenses may 8 be for such terms as may be determined by the Board department. 9 The annual report of the Board department to the General 10 Assembly shall include a list of all effective leases and licenses. 11 The Board department may make a firm contract for the royalty to 12 be paid the State which shall not be increased during the life of the 13 license. Provided, that prior to the grant or issuance of any lease 14 or license, the Board department shall cause to be published a 15 notice of such application in a newspaper having general 16 circulation in the county once a week for three successive weeks 17 prior to the grant or issuance. Provided, further However, the 18 lessee or licensee may shall not take possession if there be is an 19 adverse claim and the burden of proving ownership in the State 20 shall be placed upon the lessee or licensee. 21 Section 10-9-140. In every case in which such application shall 22 be made to the Board department for a license, the Board 23 department may grant or refuse the license as it may deem best for 24 the interest of the State and the proper management of the interests 25 of the State in such deposits. 26 Section 10-9-150. As a condition precedent to the right to dig, 27 mine, and remove the rocks and deposits granted by any such 28 license, each licensee shall enter into bond, with security, in the 29 penal sum of five thousand dollars, conditioned for the making at 30 the end of every month of true and faithful returns to the 31 Comptroller General of the number of tons of phosphate rock and 32 phosphatic deposits so dug or mined and the punctual payment to 33 the State Treasurer of the royalty provided at the end of every 34 quarter or three months. Such bond and sureties thereon shall be 35 subject to the approval required by law for the bonds of State 36 officers. 37 Section 10-9-160. Whenever the Board department shall have 38 reason to doubt the solvency of any surety whose name appears 39 upon any bond executed for the purpose of securing the payment 40 of the phosphate royalty by any person digging, mining, and 41 removing phosphate rock or phosphatic deposits in any of the 42 territory, the property of the State, under any grant or license, the 43 Board department shall forthwith notify the person giving such
1 [80-52] 1 bond and the sureties thereon and require that one or more sureties, 2 as the case may be, shall be added to the bond, such surety or 3 sureties to be approved by the Board department. 4 Section 10-9-170. The Board department, upon petition filed 5 by any person who is surety on any such bond as aforesaid and 6 who considers himself in danger of being injured by such 7 suretyship, shall notify the person giving such bond to give a new 8 bond with other sureties and upon failure of such person to do so 9 within thirty days shall cause such person to suspend further 10 operations until a new bond be given. But in In no case shall the 11 sureties on the old bond be discharged from liability thereon until 12 the new bond has been executed and approved, and such sureties 13 shall not be discharged from any antecedent liability by reason of 14 such suretyship. 15 Section 10-9-180. The Board department is hereby vested with 16 full and complete power and control over all mining in the 17 phosphate territory belonging to this State and over all persons 18 digging or mining phosphate rock or phosphatic deposit in the 19 navigable streams and waters or in the marshes thereof, with full 20 power and authority, subject to the provisions of Sections 10-9-130 21 and 10-9-190 to fix, regulate, raise, or reduce such royalty per ton 22 as shall from time to time be paid to the State by such persons for 23 all or any such phosphate rock dug, mined, removed, and shipped 24 or otherwise sent to the market therefrom. But six Six months’ 25 notice shall be given all persons at such time digging or mining 26 phosphate rock in such navigable streams, waters, or marshes 27 before any increase shall be made in the rate of royalty theretofore 28 existing. 29 Section 10-9-190. Each person to whom a license shall be 30 issued must, at the end of every month, make to the Comptroller 31 General a true and lawful return of the phosphate rock and 32 phosphatic deposits he may have dug or mined during such month 33 and shall punctually pay to the State Treasurer, at the end of every 34 quarter or three months, a royalty of five cents per ton upon each 35 and every ton of the crude rock (not of the rock after it has been 36 steamed or dried), the first quarter to commence to run on the first 37 day of January in each year. 38 Section 10-9-200. The State Budget and Control Board 39 Department of Administration shall, within twenty days after the 40 grant of any license as aforesaid, notify the Comptroller General of 41 the issuing of such license, with the name of the person to whom 42 issued, the time of the license and the location for which it was 43 issued.
1 [80-53] 1 Section 10-9-210. Every person who shall dig, mine, or remove 2 any phosphate rock or phosphatic deposit from the beds of the 3 navigable streams, waters, and marshes of the State without license 4 therefor previously granted by the State to such person shall be 5 liable to a penalty of ten dollars for each and every ton of 6 phosphate rock or phosphatic deposits so dug, mined or removed, 7 to be recovered by action at the suit of the State in any court of 8 competent jurisdiction. One half of such penalty shall be for the 9 use of the State and the other half for the use of the informer. 10 Section 10-9-220. It shall be unlawful for any person to 11 purchase or receive any phosphate rock or phosphatic deposit dug, 12 mined, or removed from the navigable streams, waters, or marshes 13 of the State from any person not duly authorized by act of the 14 General Assembly of this State or license of the Board department 15 to dig, mine, or remove such phosphate rock or phosphatic deposit. 16 Section 10-9-230. Any person violating Section 10-9-220 shall 17 forfeit to the State the sum of ten dollars for each and every ton of 18 phosphate rock or phosphatic deposit so purchased or received, to 19 be recovered by action in any court of competent jurisdiction. One 20 half of such forfeiture shall be for the use of the State and the other 21 half for the use of the informer. 22 Section 10-9-240. Should any person whosoever interfere with, 23 obstruct, or molest or attempt to interfere with, obstruct, or molest 24 the Board department or anyone by it authorized or licensed 25 hereunder in the peaceable possession and occupation for mining 26 purposes of any of the marshes, navigable streams or waters of the 27 State, then the Board department may, in the name and on behalf 28 of the State, take such measures or proceedings as it may be 29 advised are proper to enjoin and terminate any such molestation, 30 interference. or obstruction and place the State, through its agents, 31 the Board department or any one under it authorized, in absolute 32 and practical possession and occupation of such marshes, 33 navigable streams, or waters. 34 Section 10-9-250. Should any person attempt to mine or 35 remove phosphate rock and phosphatic deposits from any of the 36 marshes, navigable waters, or streams, including the Coosaw River 37 phosphate territory, by and with any boat, vessel, marine dredge, 38 or other appliances for such mining or removal, without the leave 39 or license of the Board department thereto first had and obtained, 40 all such boats, vessels, marine dredges, and other appliances are 41 hereby declared forfeited to and property of the State, and the 42 Attorney General, for and in behalf of the State, shall institute 43 proceedings in any court of competent jurisdiction for the claim
1 [80-54] 1 and delivery thereof, in the ordinary form of action for claim and 2 delivery, in which action the title of the State shall be established 3 by the proof of the commission of any such act of forfeiture by the 4 person owning them, or his agents, in possession of such boats, 5 vessels, marine dredges, or other appliances. In any such action 6 the State shall not be called upon or required to give any bond or 7 obligation such as is required by parties plaintiff in action for 8 claim and delivery. 9 Section 10-9-260. Any person wilfully interfering with, 10 molesting or obstructing or attempting to interfere with, molest, or 11 obstruct the State or the State Budget and Control Board 12 Department of Administration or anyone by it authorized or 13 licensed in the peaceable possession and occupation of any of the 14 marshes, navigable streams, or waters of the State, including the 15 Coosaw River phosphate territory, or who shall dig or mine or 16 attempt to dig or mine any of the phosphate rock or phosphatic 17 deposits of this State without a license so to do issued by the Board 18 department shall be punished for each offense by a fine of not less 19 than one hundred dollars nor more than five hundred dollars or 20 imprisonment for not less than one nor more than twelve months, 21 or both, at the discretion of the court. 22 Section 10-9-270. The Board department shall report annually 23 to the General Assembly its actions and doings under this article 24 during the year to the time of the meeting of the Assembly, with an 25 itemized account of its expenses for the year incurred in 26 connection with its duties and powers under this article. 27 Article 5 28 Geothermal Resources 29 Section 10-9-310. For purposes of this article geothermal 30 resources mean the natural heat of the earth at temperatures greater 31 than forty degrees Celsius and includes: 32 (1) The the energy, including pressure, in whatever form 33 present in, resulting from, created by, or that may be extracted 34 from that natural heat.; 35 (2) The the material medium, including the brines, water, and 36 steam naturally present, as well as any substance artificially 37 introduced to serve as a heat transfer medium.; and 38 (3) All all dissolved or entrained minerals and gases that may 39 be obtained from the material medium but excluding hydrocarbon 40 substances and helium. 41 Section 10-9-320. The State Budget and Control Board (board) 42 Department of Administration may lease development rights to 43 geothermal resources underlying surface lands owned by the State.
1 [80-55] 1 The board department must promulgate regulations regarding the 2 method of lease acquisition, lease terms, and conditions due the 3 State under lease operations. The South Carolina Department of 4 Natural Resources is designated as the exclusive agent for the 5 board in selecting lands to be leased, administering the competitive 6 bidding for leases, administering the leases, receiving, and 7 compiling comments from other state agencies concerning the 8 desirability of leasing the state lands proposed for leasing and such 9 other activities that pertain to geothermal resource leases as may 10 be included herein as responsibilities of the board department. 11 Section 10-9-330. Any lease of rights to drill for and use oil, 12 natural gas, or minerals on public or private lands must not allow 13 drilling for or use of geothermal energy by the lessee unless the 14 instrument creating the lease specifically provides for such use.” 15 Subpart 2 16 SECTION 1. Section 48-52-410 of the 1976 Code is amended 17 to read: 18 “Section 48-52-410. There is established the State Energy 19 Office within the State Budget and Control Board Department of 20 Administration which shall serve as the principal energy planning 21 entity for the State. Its primary purpose is to develop and 22 implement a well-balanced energy strategy and to increase the 23 efficiency of use of all energy sources throughout South Carolina 24 through the implementation of the Plan for State Energy Policy. 25 The State Energy Office must not function as a regulatory body.” 26 SECTION 2. Section 48-52-620(D) of the 1976 Code is 27 amended to read: 28 “(D) Each public school district and state agency shall submit to 29 the State Energy Office and each state agency shall include in its 30 annual annually report to the Budget and Control Board 31 Department of Administration: 32 (1) activities undertaken implementing its energy 33 conservation plan; and 34 (2) progress made in achieving its energy conservation 35 goals.” 36 SECTION 3. Section 48-52-635 of the 1976 Code is amended 37 to read: 38 “Section 48-52-635. Pursuant to Section 48-52-630, an 39 agency’s savings realized in the prior fiscal year from 40 implementing an energy conservation measure, as compared to a 41 baseline energy use as certified by the State Energy Office, may be 42 retained and carried forward into the current fiscal year. This 43 savings, as certified by the State Energy Office, must first be used
1 [80-56] 1 for debt retirement of capital expenditures, if any, on the energy 2 conservation measure, after which time savings may be used for 3 agency operational purposes and where practical, reinvested into 4 energy conservation areas. The agency must report all actual 5 savings in the energy portion of its annual report to the State 6 Budget and Control Board Department of Administration.” 7 SECTION 4. Section 48-52-680(C) of the 1976 Code is 8 amended to read: 9 “(C) The State Energy Office shall provide the Office of 10 Property Facilities Management of the Budget and Control Board 11 Department of Administration, Division of General Services, 12 information to be used in evaluating energy costs for buildings or 13 portions of buildings proposed to be leased by governmental 14 bodies that are defined in and subject to the Consolidated 15 Procurement Code. The information provided must be considered 16 with the other criteria provided by law by a governmental body 17 before entering into a real property lease.” 18 SECTION 5. Section 48-46-30(4) and (5) of the 1976 Code is 19 amended to read: 20 “(4) ‘Board’ means the South Carolina Budget and Control 21 Board or its designated official. 22 (5) ‘Decommissioning trust fund’ means the trust fund 23 established pursuant to a Trust Agreement dated March 4, 1981, 24 among Chem-Nuclear Systems, Inc. (grantor), the South Carolina 25 Budget and Control Board (beneficiary) or its successor, 26 Department of Administration, and the South Carolina State 27 Treasurer (trustee), whose purpose is to assure adequate funding 28 for decommissioning of the disposal site, or any successor fund 29 with a similar purpose. 30 (6) ‘Department’ means the Department of Administration or 31 its designee.” 32 SECTION 6. Section 48-46-40 of the 1976 Code is amended to 33 read: 34 “Section 48-46-40. (A)(1) The board, upon the consultation 35 with the Department of Administration, shall approve disposal 36 rates for low-level radioactive waste disposed at any regional 37 disposal facility located within the State. The approval of disposal 38 rates pursuant to this chapter is neither a regulation nor the 39 promulgation of a regulation as those terms are specially used in 40 Title 1, Chapter 23. 41 (2) The board shall adopt a maximum uniform rate schedule 42 for regional generators containing disposal rates that include the 43 administrative surcharges specified in Section 48-46-60(B) and
1 [80-57] 1 surcharges for the extended custody and maintenance of the 2 facility pursuant to Section 13-7-30(4) and that do not exceed the 3 approximate disposal rates, excluding any access fees and 4 including a specification of the methodology for calculating fees 5 for large components, generally applicable to regional generators 6 on September 7, 1999. Any disposal rates contained in a valid 7 written agreement that were applicable to a regional generator on 8 September 7, 1999, that differ from rates in the maximum uniform 9 rate schedule will continue to be honored through the term of such 10 agreement. The maximum uniform rate schedule approved under 11 this section becomes effective immediately upon South Carolina’s 12 membership in the Atlantic Compact. The maximum uniform rate 13 schedule shall be the rate schedule applicable to regional waste 14 whenever it is not superseded by an adjusted rate approved by the 15 board pursuant to paragraph (3) of this subsection or by special 16 disposal rates approved pursuant to paragraphs (5) or (6)(e) of this 17 subsection. 18 (3) The board may at any time of its own initiative, at the 19 request of a site operator, or at the request of the compact 20 commission, adjust the disposal rate or the relative proportions of 21 the individual components that constitute the overall rate schedule. 22 Except as adjusted for inflation in subsection (4), rates adjusted in 23 accordance with this section, that include the administrative 24 surcharges specified in Section 48-46-60(B) and surcharges for the 25 extended custody and maintenance of the facility pursuant to 26 Section 13-7-30(4), may shall not exceed initial disposal rates set 27 by the board pursuant to subsection (2). 28 (4) In March of each year the board shall adjust the rate 29 schedule based on the most recent changes in the most nearly 30 applicable Producer Price Index published by the Bureau of Labor 31 Statistics as chosen by the board or a successor index. 32 (5) In consultation with the site operator and the department, 33 the board or its designee, on a case-by-case basis, may approve 34 special disposal rates for regional waste that differ from the 35 disposal rate schedule for regional generators set by the board 36 pursuant to subsections (2) and (3). Requests by the site operator 37 for such approval shall be in writing to the board. In approving 38 such special rates, the board or its designee, shall consider 39 available disposal capacity, demand for disposal capacity, the 40 characteristics of the waste, the potential for generating revenue 41 for the State, or other relevant factors; provided, however, that the 42 board shall not approve any special rate for an entity owned by or 43 affiliated with the site operator. Special disposal rates approved by
1 [80-58] 1 the board under this subsection shall be in writing and shall be kept 2 confidential as proprietary business information for one year from 3 the date when the bid or the request for proposal containing the 4 special rate is accepted by the regional generator; provided, 5 however, that such special rates when accepted by a regional 6 generator shall be disclosed to the compact commission and to all 7 other regional generators, which shall, to the extent permitted by 8 applicable law, keep them confidential as proprietary business 9 information for one year from the date when the bid or request for 10 proposal containing this special rate is accepted by the regional 11 generator. Within one business day of a special disposal rate’s 12 acceptance, the site operator shall notify the board, department, the 13 compact commission, and the regional generators of each special 14 rate that has been accepted by a regional generator, and the board, 15 department, the compact commission, and regional generators may 16 communicate with each other about such special rates. If any 17 special rate approved by the board for a regional generator is lower 18 than a disposal rate approved by the board for regional generators 19 pursuant to subsections (2) and (3) for waste that is generally 20 similar in characteristics and volume, the disposal rate for all 21 regional generators shall be revised to equal the special rate for the 22 regional generator. Regional generators may enter into contracts 23 for waste disposal at such special rates and on comparable terms 24 for a period of not less than six months. An officer of the site 25 operator shall certify in writing to the board, the department, and 26 the compact commission each month that no regional generator’s 27 disposal rate exceeds any other regional generator’s special rate for 28 waste that is generally similar in characteristics and volume, and 29 such certification shall be subject to periodic audit by the board 30 department and the compact commission. 31 (6)(a) To the extent authorized by the compact commission, 32 the board, taking into account the recommendation of the 33 Department of Administration, and on behalf of the State of South 34 Carolina, may enter into agreements with any person in the United 35 States or its territories or any interstate compact, state, U.S. 36 territory, or U.S. Department of Defense military installation 37 abroad for the importation of waste into the region for purposes of 38 disposal at a regional disposal facility within South Carolina. No 39 waste from outside the Atlantic Compact region may be disposed 40 at a regional disposal facility within South Carolina, except to the 41 extent that the board is authorized by the compact commission to 42 enter into agreements for importation of waste.
1 [80-59] 1 The board shall authorize the importation of nonregional waste 2 into the region for purposes of disposal at the regional disposal 3 facility in South Carolina so long as nonregional waste would not 4 result in the facility accepting more than the following total 5 volumes of all waste: 6 (i) 160,000 cubic feet in fiscal year 2001; 7 (ii) 80,000 cubic feet in fiscal year 2002; 8 (iii) 70,000 cubic feet in fiscal year 2003; 9 (iv) 60,000 cubic feet in fiscal year 2004; 10 (v) 50,000 cubic feet in fiscal year 2005; 11 (vi) 45,000 cubic feet in fiscal year 2006; 12 (vii) 40,000 cubic feet in fiscal year 2007; 13 (viii) 35,000 cubic feet in fiscal year 2008. 14 After fiscal year 2008, the board shall not authorize the 15 importation of nonregional waste for purposes of disposal. 16 (b) The board, in consultation with the department, may 17 approve disposal rates applicable to nonregional generators. In 18 approving disposal rates applicable to nonregional generators, the 19 board, in consultation with the department, may consider available 20 disposal capacity, demand for disposal capacity, the characteristics 21 of the waste, the potential for generating revenue for the State, and 22 other relevant factors. 23 (c) Absent action by the board under subsection (b) above 24 to establish disposal rates for nonregional generators, rates 25 applicable to these generators must be equal to those contained in 26 the maximum uniform rate schedule approved by the board 27 department pursuant to paragraph (2) or (3) of this subsection for 28 regional generators unless these rates are superseded by special 29 disposal rates approved by the board pursuant to paragraph (6)(e) 30 of this subsection. 31 (d) Regional generators shall not pay disposal rates that 32 are higher than disposal rates for nonregional generators in any 33 fiscal quarter. 34 (e) In consultation with the site operator and the 35 Department of Administration, the board or its designee, on a 36 case-by-case basis, may approve special disposal rates for 37 nonregional waste that differ from the disposal rate schedule for 38 nonregional generators set by the board. Requests by the site 39 operator for such approval shall be in writing to the board. In 40 approving such special rates, the board or its designee shall 41 consider available disposal capacity, demand for disposal capacity, 42 the characteristics of the waste, the potential for generating 43 revenue for the State, and other relevant factors; provided,
1 [80-60] 1 however, that the board shall not approve any special rate for an 2 entity owned by or affiliated with the site operator. Special 3 disposal rates approved by the board under this subsection shall be 4 in writing and shall be kept confidential as proprietary business 5 information for one year from the date when the bid or request for 6 proposal containing the special rate is accepted by the nonregional 7 generator; provided, however, that such special rates when 8 accepted by a nonregional generator shall be disclosed to the 9 compact commission and to all regional generators, which shall, to 10 the extent permitted by applicable law, keep them confidential as 11 proprietary business information for one year from the date when 12 the bid or request for proposal containing the special rate is 13 accepted by the nonregional generator. Within one business day of 14 a special disposal rate’s acceptance, the site operator shall notify 15 the board, the department, the compact commission, and the 16 regional generators in writing of each special rate that has been 17 accepted by a nonregional generator, and the board, the 18 department, the compact commission, and regional generators may 19 communicate with each other about such special rates. If any 20 special rate approved by the board for a nonregional generator is 21 lower than a disposal rate approved by the board for regional 22 generators for waste that is generally similar in characteristics and 23 volume, the disposal rate for all regional generators shall be 24 revised to equal the special rate for the nonregional generator. 25 Regional generators may enter into contracts for waste disposal at 26 such special rate and on comparable terms for a period of not less 27 than six months. An officer of the site operator shall certify in 28 writing to the board, the department and the compact commission 29 each month that no regional generator disposal rate exceeds any 30 nonregional generator’s special rate for waste that is generally 31 similar in characteristics and volume, and such certification shall 32 be subject to periodic audit by the board department and the 33 compact commission. 34 (B)(1) Effective upon the implementation of initial disposal 35 rates by the board under Section 48-46-40(A), the PSC is 36 authorized and directed to identify allowable costs for operating a 37 regional low-level radioactive waste disposal facility in South 38 Carolina. 39 (2) In identifying the allowable costs for operating a regional 40 disposal facility, the PSC shall: 41 (a) prescribe a system of accounts, using generally 42 accepted accounting principles, for disposal site operators, using as 43 a starting point the existing system used by site operators;
1 [80-61] 1 (b) obtain and audit the books and records of the site 2 operators associated with disposal operations as determined 3 applicable by the PSC; 4 (c) assess penalties against disposal site operators if the 5 PSC determines that they have failed to comply with regulations 6 pursuant to this section; and 7 (d) require periodic reports from site operators that 8 provide information and data to the PSC and parties to these 9 proceedings. 10 (3) Allowable costs include the costs of those activities 11 necessary for: 12 (a) the receipt of waste; 13 (b) the construction of disposal trenches, vaults, and 14 overpacks; 15 (c) construction and maintenance of necessary physical 16 facilities; 17 (d) the purchase or amortization of necessary equipment; 18 (e) purchase of supplies that are consumed in support of 19 waste disposal activities; 20 (f) accounting and billing for waste disposal; 21 (g) creating and maintaining records related to disposed 22 waste; 23 (h) the administrative costs directly associated with 24 disposal operations including, but not limited to, salaries, wages, 25 and employee benefits; 26 (i) site surveillance and maintenance required by the State 27 of South Carolina, other than site surveillance and maintenance 28 costs covered by the balance of funds in the decommissioning trust 29 fund or the extended care maintenance fund; 30 (j) compliance with the license, lease, and regulatory 31 requirements of all jurisdictional agencies; 32 (k) administrative costs associated with collecting the 33 surcharges provided for in subsections (B) and (C) of Section 34 48-46-60; 35 (l) taxes other than income taxes; 36 (m) licensing and permitting fees; and 37 (n) any other costs directly associated with disposal 38 operations determined by the PSC to be allowable. 39 Allowable costs do not include the costs of activities associated 40 with lobbying and public relations, clean-up and remediation 41 activities caused by errors or accidents in violation of laws, 42 regulations, or violations of the facility operating license or 43 permits, activities of the site operator not directly in support of
1 [80-62] 1 waste disposal, and other costs determined by the PSC to be 2 unallowable. 3 (4) Within 90 days following the end of a fiscal year, a site 4 operator may file an application with the PSC to adjust the level of 5 an allowable cost under subsection (3), or to allow a cost not 6 previously designated an allowable cost. The PSC shall process 7 such application in accordance with its procedures. If such 8 application is approved by the PSC, the PSC shall authorize the 9 site operator to adjust allowable costs for the current fiscal year so 10 as to compensate the site operator for revenues lost during the 11 previous fiscal year. 12 (5) A private operator of a regional disposal facility in South 13 Carolina is authorized to charge an operating margin of 14 twenty-nine percent. The operating margin for a given period 15 must be determined by multiplying twenty-nine percent by the 16 total amount of allowable costs as determined in this subsection, 17 excluding allowable costs for taxes and licensing and permitting 18 fees paid to governmental entities. 19 (6) The site operator shall prepare and file with the PSC a 20 Least Cost Operating Plan. The plan must be filed within 21 forty-five days of enactment of this chapter and must be revised 22 annually. The plan shall include information concerning 23 anticipated operations over the next ten years and shall evaluate all 24 options for future staffing and operation of the site to ensure least 25 cost operation, including information related to the possible 26 interim suspension of operations in accordance with subsection (B) 27 (7). 28 (7)(a) If the board, upon consultation with the department 29 and upon the advice of the compact commission or the site 30 operator, concludes based on information provided to the board 31 department, that the volume of waste to be disposed during a 32 forthcoming period of time does not appear sufficient to generate 33 receipts that will be adequate to reimburse the site operator for its 34 costs of operating the facility and its operating margin, then the 35 board department shall direct the site operator to propose to the 36 compact commission plans including, but not necessarily limited 37 to, a proposal for discontinuing acceptance of waste until such 38 time as there is sufficient waste to cover the site operator’s 39 operating costs and operating margin. Any proposal to suspend 40 operations must detail plans of the site operator to minimize its 41 costs during the suspension of operations. Any such proposal to 42 suspend operations must be approved by the Department of Health
1 [80-63] 1 and Environmental Control with respect to safety and 2 environmental protection. 3 (b) Allowable costs applicable to any period of suspended 4 operations must be approved by the PSC according to procedures 5 similar to those provided herein for allowable operating costs. 6 During any such suspension of operations, the site operator must 7 be reimbursed by the board department from the extended care 8 maintenance fund for its allowable costs and its operating margin. 9 During the suspension funding to reimburse the board, the 10 department, the PSC, and the State Treasurer under Section 11 48-46-60(B) and funding of the compact commission under 12 Section 48-46-60(C) must also be allocated from the extended care 13 maintenance fund as approved by the board department based on 14 revised budgets submitted by the PSC, State Treasurer, and the 15 compact commission. 16 (c) Notwithstanding any disbursements from the extended 17 care maintenance fund in accordance with any provision of this 18 act, the board department shall continue to ensure, in accordance 19 with Section 13-7-30, that the fund remains adequate to defray the 20 costs for future maintenance costs or custodial and maintenance 21 obligations of the site and other obligations imposed on the fund 22 by this chapter. 23 (d) The PSC may promulgate regulations and policies 24 necessary to execute the provisions of this section. 25 (8) The PSC may use any standard, formula, method, or 26 theory of valuation reasonably calculated to arrive at the objective 27 of identifying allowable costs associated with waste disposal. The 28 PSC may consider standards, precedents, findings, and decisions in 29 other jurisdictions that regulate allowable costs for radioactive 30 waste disposal. 31 (9) In all proceedings held pursuant to this section, the board 32 department shall participate as a party representing the interests of 33 the State of South Carolina, and the compact commission may 34 participate as a party representing the interests of the compact 35 states. The Consumer Advocate and the Attorney General of the 36 State of South Carolina shall be parties to any such proceeding. 37 Representatives from the Department of Health and Environmental 38 Control shall participate in proceedings where necessary to 39 determine or define the activities that a site operator must conduct 40 in order to comply with the regulations and license conditions 41 imposed by the department. Other parties may participate in the 42 PSC’s proceedings upon satisfaction of standing requirements and 43 compliance with the PSC’s procedures. Any site operator
1 [80-64] 1 submitting records and information to the PSC may request that 2 the PSC treat such records and information as confidential and not 3 subject to disclosure in accordance with the PSC’s procedures. 4 (10) In all respects in which the PSC has power and authority 5 under this chapter, it shall conduct its proceedings under the South 6 Carolina Administrative Procedures Act and the PSC’s rules and 7 regulations. The PSC is authorized to compel attendance and 8 testimony of a site operator’s directors, officers, agents, or 9 employees. 10 (11) At any time the compact commission, the board 11 department, or any generator subject to payment of rates set 12 pursuant to this chapter may file a complaint against a site operator 13 alleging that allowable costs identified pursuant to this chapter are 14 not in conformity with the directives of this chapter or the 15 directives of the PSC or that the site operator is otherwise not 16 acting in conformity with the requirements of this chapter or 17 directives of the PSC. Upon filing of the complaint, the PSC shall 18 cause a copy of the complaint to be served upon the site operator. 19 The complaining party has the burden of proving that allowable 20 costs or the actions of the site operator do not conform. The 21 hearing shall conform to the rules of practice and procedure of the 22 PSC for other complaint cases. 23 (12) The PSC shall encourage alternate forms of dispute 24 resolution including, but not limited to, mediation or arbitration to 25 resolve disputes between a site operator and any other person 26 regarding matters covered by this chapter. 27 (C) The operator of a regional disposal facility shall submit to 28 the South Carolina Department of Revenue, the PSC, and the 29 board department within thirty days following the end of each 30 quarter a report detailing actual revenues received in the previous 31 fiscal quarter and allowable costs incurred for operation of the 32 disposal facility. 33 (D)(1) Within 30 days following the end of the fiscal year the 34 operator of a regional disposal facility shall submit a payment 35 made payable to the South Carolina Department of Revenue in an 36 amount that is equal to the total revenues received for waste 37 disposed in that fiscal year (with interest accrued on cash flows in 38 accordance with instructions from the State Treasurer) minus 39 allowable costs, operating margin, and any payments already made 40 from such revenues pursuant to Section 48-46-60(B) and (C) for 41 reimbursement of administrative costs to state agencies and the 42 compact commission. The Department of Revenue shall deposit 43 the payment with the State Treasurer.
1 [80-65] 1 (2) If in any fiscal year total revenues do not cover allowable 2 costs plus the operating margin, the board department must 3 reimburse the site operator its allowable costs and operating 4 margin from the extended care maintenance fund within thirty 5 days after the end of the fiscal year. The board, in consultation 6 with the department, shall as soon as practicable authorize a 7 surcharge on waste disposed in an amount that will fully 8 compensate the fund for the reimbursement to the site operator. In 9 the event that total revenues for a fiscal year do not cover 10 allowable costs plus the operating margin, or quarterly reports 11 submitted pursuant to subsection (C) indicate that such annual 12 revenue may be insufficient, the board department shall consult 13 with the compact commission and the site operator as early as 14 practicable on whether the provisions of Section 48-46-40(B)(7) 15 pertaining to suspension of operations during periods of 16 insufficient revenues should be invoked. 17 (E) Revenues received pursuant to item (1) of subsection (D) 18 must be allocated as follows: 19 (1) The South Carolina State Treasurer shall distribute the 20 first two million dollars received for waste disposed during a fiscal 21 year to the County Treasurer of Barnwell County for distribution 22 to each of the parties to and beneficiaries of the order of the United 23 States District Court in C.A. No. 1:90-2912-6 on the same 24 schedule of allocation as is established within that order for the 25 distribution of ‘payments in lieu of taxes’ paid by the United States 26 Department of Energy. 27 (2) All revenues in excess of two million dollars received 28 from waste disposed during the previous fiscal year must be 29 deposited in a fund called the ‘Nuclear Waste Disposal Receipts 30 Distribution Fund’. Any South Carolina waste generator whose 31 disposal fees contributed to the fund during the previous fiscal year 32 may submit a request for a rebate of 33.33 percent of the funds 33 paid by the generator during the previous fiscal year for disposal of 34 waste at a regional disposal facility. These requests along with 35 invoices or other supporting material must be submitted in writing 36 to the State Treasurer within fifteen days of the end of the fiscal 37 year. For this purpose disposal fees paid by the generator must 38 exclude any fees paid pursuant to Section 48-46-60(C) for compact 39 administration and fees paid pursuant to Section 48-46-60(B) for 40 reimbursement of the PSC, the State Treasurer, the department, 41 and the board for administrative expenses under this chapter. 42 Upon validation of the request and supporting documentation by 43 the State Treasurer, the State Treasurer shall issue a rebate of the
1 [80-66] 1 applicable funds to qualified waste generators within sixty days of 2 the receipt of the request. If funds in the Nuclear Waste Disposal 3 Receipts Distribution Fund are insufficient to provide a rebate of 4 33.33 percent to each generator, then each generator’s rebate must 5 be reduced in proportion to the amount of funds in the account for 6 the applicable fiscal year. 7 (3) All funds deposited in the Nuclear Waste Disposal 8 Receipts Distribution Fund for waste disposed for each fiscal year, 9 less the amount needed to provide generators rebates pursuant to 10 item (2), shall be deposited by the State Treasurer in the 11 ‘Children’s Education Endowment Fund’. Thirty percent of these 12 monies must be allocated to Higher Education Scholarship Grants 13 and used as provided in Section 59-143-30, and seventy percent of 14 these monies must be allocated to Public School Facility 15 Assistance and used as provided in Chapter 144 of Title 59. 16 (F) Effective beginning fiscal year 2001-2002, there is 17 appropriated annually from the general fund of the State to the 18 Higher Education Scholarship Grants share of the Children’s 19 Education Endowment whatever amount is necessary to credit to 20 the Higher Education Scholarship Grants share an amount not less 21 than the amount credited to that portion of the endowment in fiscal 22 year 1999-2000. Revenues credited to the endowment pursuant to 23 this subsection, for purposes of Section 59-143-10, are deemed to 24 be received by the endowment pursuant to the former provisions of 25 Section 48-48-140(C).” 26 SECTION 7. Section 48-46-50(A) of the 1976 Code is 27 amended to read: 28 “(A) The Governor shall appoint two commissioners to the 29 Atlantic Compact Commission and may appoint up to two 30 alternate commissioners. These alternate commissioners may 31 participate in meetings of the compact commission in lieu of and 32 upon the request of a South Carolina commissioner. Technical 33 representatives from the Department of Health and Environmental 34 Control, the board, the Department of Administration, the PSC, 35 and other state agencies may participate in relevant portions of 36 meetings of the compact commission upon the request of a 37 commissioner, alternate commissioner, or staff of the compact 38 commission, or as called for in the compact commission bylaws.” 39 SECTION 8. Section 48-46-60 of the 1976 Code is amended to 40 read: 41 “Section 48-46-60. (A) The Governor and the board are 42 authorized to take such actions as are necessary to join the Atlantic 43 Compact including, but not limited to, petitioning the Compact
1 [80-67] 1 Commission for membership and participating in any and all 2 rulemaking processes. South Carolina’s membership in the 3 Atlantic Compact pursuant to this chapter is effective July 1, 2000, 4 if by that date the Governor certifies to the General Assembly that 5 the Compact Commission has taken each of the actions specified 6 below. If the Compact Commission by July 1, 2000, has not taken 7 each of the actions specified below, then South Carolina’s 8 membership shall become effective as soon thereafter as the 9 Governor certifies that the Atlantic Compact Commission has 10 taken these actions: 11 (1) adopted a binding regulation or policy in accordance 12 with Article VII(e) of the compact establishing conditions for 13 admission of a party state that are consistent with this act and 14 ordered that South Carolina be declared eligible to be a party state 15 consistent with those conditions; 16 (2) adopted a binding regulation or policy in accordance 17 with Article IV(i)(11) of the Atlantic Compact authorizing a host 18 state to enter into agreements on behalf of the compact and 19 consistent with criteria established by the compact commission and 20 consistent with the provisions of Section 48-46-40(A)(6)(a) and 21 Section 48-46-50(D) with any person for the importation of waste 22 into the region for purposes of disposal, to the extent that these 23 agreements do not preclude prohibit the disposal facility from 24 accepting all regional waste that can reasonably be projected to 25 require disposal at the regional disposal facility consistent with 26 subitem (5)(b) of this section; 27 (3) adopted a binding regulation or policy in accordance 28 with Article IV(i)(12) of the Atlantic Compact authorizing each 29 regional generator, at the generator’s discretion, to ship waste to 30 disposal facilities located outside the Atlantic Compact region; 31 (4) authorized South Carolina to proceed with plans to 32 establish disposal rates for low-level radioactive waste disposal in 33 a manner consistent with the procedures described in this chapter; 34 (5) adopted a binding regulation, policy, or order officially 35 designating South Carolina as a volunteer host state for the 36 region’s disposal facility, contingent upon South Carolina’s 37 membership in the compact, in accordance with Article V.b.1. of 38 the Atlantic Compact, thereby authorizing the following 39 compensation and incentives to South Carolina: 40 (a) agreement, as evidenced in a policy, regulation, or 41 order that the compact commission will issue a payment of twelve 42 million dollars to the State of South Carolina. Before issuing the 43 twelve million-dollar payment, the compact commission will
1 [80-68] 1 deduct and retain from this amount seventy thousand dollars, 2 which will be credited as full payment of South Carolina’s 3 membership dues in the Atlantic Compact. The remainder of the 4 twelve million-dollar payment must be credited to an account in 5 the State Treasurer’s office, separate and distinct from the fund, 6 styled ‘Barnwell Economic Development Fund’. This fund, and 7 earnings on this fund which must be credited to the fund, may only 8 be expended for purposes of economic development in the 9 Barnwell County area including, but not limited to, projects of the 10 Barnwell County Economic Development Corporation and 11 projects of the Tri-County alliance which includes Barnwell, 12 Bamberg, and Allendale Counties and projects in the Williston 13 area of Aiken County. Economic development includes, but is not 14 limited to, industrial recruitment, infrastructure construction, 15 improvement, and expansion, and public facilities construction, 16 improvement, and expansion. These funds must be spent 17 according to guidelines established by the Barnwell County 18 governing body and upon approval of the board, upon consultation 19 with the department. Expenditures must be authorized by the 20 Barnwell County governing body and with the approval of the 21 board, upon consultation with the department. Upon approval of 22 the Barnwell County governing body and the board, the State 23 Treasurer shall submit the approved funds to the Barnwell County 24 Treasurer for disbursement pursuant to the authorization; 25 (b) adopted a binding regulation, policy, or order 26 consistent with the regional management plan developed pursuant 27 to Article V(a) of the Atlantic Compact, limiting Connecticut and 28 New Jersey to the use of not more than 800,000 cubic feet of 29 disposal capacity at the regional disposal facility located in 30 Barnwell County, South Carolina, and also ensuring that up to 31 800,000 cubic feet of disposal capacity remains available for use 32 by Connecticut and New Jersey unless this estimate of need is later 33 revised downward by unanimous consent of the compact 34 commission; 35 (c) agreement, as evidenced in a policy or regulation, that 36 the compact commission headquarters and office will be relocated 37 to South Carolina within six months of South Carolina’s 38 membership; and 39 (d) agreement, as evidenced in a policy or regulation, that 40 the compact commission will, to the extent practicable, hold a 41 majority of its meetings in the host state for the regional disposal 42 facility.
1 [80-69] 1 (B) The board, the Department of Administration, the State 2 Treasurer, and the PSC shall provide the required staff and may 3 add additional permanent or temporary staff or contract for 4 services, as well as provide for operating expenses, if necessary, to 5 administer new responsibilities assigned under this chapter. In 6 accordance with Article V.f.2. of the Atlantic Compact the 7 compensation, costs, and expenses incurred incident to 8 administering these responsibilities may be paid through a 9 surcharge on waste disposed at regional disposal facilities within 10 the State. To cover these costs the board shall impose a surcharge 11 per unit of waste received at any regional disposal facility located 12 within the State. A site operator shall collect and remit these fees 13 to the board in accordance with the board’s directions. All such 14 surcharges shall be included within the disposal rates set by the 15 board pursuant to Section 48-46-40. 16 (C) In accordance with Article V.f.3. of the Atlantic Compact, 17 the compact commission shall advise the board department at least 18 annually, but more frequently if the compact commission deems 19 appropriate, of the compact commission’s costs and expenses. To 20 cover these costs the board department shall impose a surcharge 21 per unit of waste received at any regional disposal facility located 22 within the State as determined in Section 48-46-40. A site 23 operator shall collect and remit these fees to the board department 24 in accordance with the board department’s directions, and the 25 board department shall remit those fees to the compact 26 commission.” 27 SECTION 9. Section 48-46-90(A) of the 1976 Code is 28 amended to read: 29 “(A) In accordance with Section 13-7-30, the board department, 30 or its designee, is responsible for extended custody and 31 maintenance of the Barnwell site following closure and license 32 transfer from the facility operator. The Department of Health and 33 Environmental Control is responsible for continued site 34 monitoring.” 35 SECTION 10. Section 13-7-10(10) of the 1976 Code is 36 amended to read: 37 “(10) ‘Decommissioning trust fund’ means the trust fund 38 established pursuant to a Trust Agreement dated March 4, 1981, 39 among Chem-Nuclear Systems, Inc. (grantor), the South Carolina 40 Budget and Control Board (beneficiary) or its successor, 41 Department of Administration, and the South Carolina State 42 Treasurer (trustee), whose purpose is to assure adequate funding
1 [80-70] 1 for decommissioning of the disposal site, or any successor fund 2 with a similar purpose.” 3 SECTION 11. Section 13-7-30 of the 1976 Code is further 4 amended to read: 5 “Section 13-7-30. For purposes of this article, the State Budget 6 and Control Board Department of Administration, hereinafter in 7 this section referred to as the board department, is designated as 8 the agency of the State which shall have the following powers and 9 duties that are in accord with its already established 10 responsibilities for custody of state properties, and for the 11 management of all state sinking funds, insurance, and analogous 12 fiscal matters that are relevant to state properties: 13 (1) expend state funds in order to acquire, develop, and operate 14 land and facilities. This acquisition may be by lease, dedication, 15 purchase, or other arrangements. However, the state’s functions 16 under the authority of this section are limited to the specific 17 purposes of this article; 18 (2) lease, sublease, or sell real and personal properties to public 19 or private bodies; 20 (3) assure the maintenance of insurance coverage by state 21 licensees, lessees, or sublessees as will in the opinion of the board 22 department protect the citizens of the State against nuclear incident 23 that may occur on state-controlled atomic energy facilities; 24 (4) assume responsibility for extended custody and 25 maintenance of radioactive materials held for custodial purposes at 26 any publicly or privately operated facility located within the State, 27 in the event the parties operating these facilities abandon their 28 responsibility, or when the license for the facility is ultimately 29 transferred to an agency of the State, and whenever the federal 30 government or any agency of the federal government has not 31 assumed the responsibility. 32 In order to finance such extended custody and maintenance as 33 the board department may undertake, the board department may 34 collect fees from private or public parties holding radioactive 35 materials for custodial purposes. These fees must be sufficient in 36 each individual case to defray the estimated cost of the board 37 department’s custodial management activities for that individual 38 case. The fees collected for such custodial management activities 39 shall also be sufficient to provide additional funds for the purchase 40 of insurance which shall be purchased for the protection of the 41 State and the general public for the period such radioactive 42 material considering its isotope and curie content together with 43 other factors may present a possible danger to the general public in
1 [80-71] 1 the event of migration or dispersal of such radioactivity. All such 2 fees, when received by the board department, must be transmitted 3 to the State Treasurer. The Treasurer must place the money in a 4 special account, in the nature of a revolving trust fund, which may 5 be designated ‘extended care maintenance fund’, to be disbursed 6 on authorization of the board department. Monies in the extended 7 care maintenance funds must be invested by the board State 8 Treasurer in the manner as other state monies. However, any 9 interest accruing as a result of investment must accrue to this 10 extended care maintenance fund. Except as authorized in Section 11 48-46-40(B)(7)(b) and (D)(2), the extended care maintenance fund 12 must be used exclusively for custodial, surveillance, and 13 maintenance costs during the period of institutional control and 14 during any post-closure and observation period specified by the 15 Department of Health and Environmental Control, and for 16 activities associated with closure of the site. Funds from the 17 extended care maintenance fund shall not be used for site closure 18 activities or for custodial, surveillance, and maintenance 19 performed during the post-closure observation period until all 20 funds in the decommissioning trust account are exhausted.; 21 (5) Enter enter into an agreement with the federal government 22 or any of its authorized agencies to assume extended maintenance 23 of lands donated, leased, or purchased from the federal 24 government or any of its authorized agencies and used for 25 development of atomic energy resources or as custodial site for 26 radioactive material.” 27 SECTION 12. Section 13-7-830 of the 1976 Code is amended 28 to read: 29 “Section 13-7-830. The recommendations described in Section 30 13-7-620 shall be made available to the General Assembly, the 31 Governor, and the Budget and Control Board and the Department 32 of Administration.” 33 Subpart 3 34 SECTION 1. Section 1-11-435 of the 1976 Code is amended to 35 read: 36 “Section 1-11-435. To protect the state’s critical information 37 technology infrastructure and associated data systems in the event 38 of a major disaster, whether natural or otherwise, and to allow the 39 services to the citizens of this State to continue in such an event, 40 the Office of the State Chief Information Officer (CIO) of the 41 Budget and Control Board should develop a Critical Information 42 Technology Infrastructure Protection Plan devising policies and 43 procedures to provide for the confidentiality, integrity, and
1 [80-72] 1 availability of, and to allow for alternative and immediate on-line 2 access to, critical data and information systems including, but not 3 limited to, health and human services, law enforcement, and 4 related agency data necessary to provide critical information to 5 citizens and ensure the protection of state employees as they carry 6 out their disaster-related duties. All state agencies and political 7 subdivisions of this State are directed to assist the Office of the 8 State CIO in the collection of data required for this plan.” 9 SECTION 2. Section 1-11-770 of the 1976 Code is amended to 10 read: 11 “Section 1-11-770. (A) Subject to appropriations, the General 12 Assembly authorizes the state Budget and Control Board 13 Department of Administration to plan, develop, and implement a 14 statewide South Carolina 211 Network, which must serve as the 15 single point of coordination for information and referral for health 16 and human services. The objectives for establishing the South 17 Carolina 211 Network are to: 18 (1) provide comprehensive and cost-effective access to 19 health and human services information; 20 (2) improve access to accurate information by simplifying 21 and enhancing state and local health and human services 22 information and referral systems and by fostering collaboration 23 among information and referral systems; 24 (3) electronically connect local information and referral 25 systems to each other, to service providers, and to consumers of 26 information and referral services; 27 (4) establish and promote standards for data collection and 28 for distributing information among state and local organizations; 29 (5) promote the use of a common dialing access code and 30 the visibility and public awareness of the availability of 31 information and referral services; 32 (6) provide a management and administrative structure to 33 support the South Carolina 211 Network and establish technical 34 assistance, training, and support programs for information and 35 referral-service programs; 36 (7) test methods for integrating information and referral 37 services with local and state health and human services programs 38 and for consolidating and streamlining eligibility and 39 case-management processes; 40 (8) provide access to standardized, comprehensive data to 41 assist in identifying gaps and needs in health and human services 42 programs; and
1 [80-73] 1 (9) provide a unified systems plan with a developed 2 platform, taxonomy, and standards for data management and 3 access. 4 (B) In order to participate in the South Carolina 211 Network, a 5 211 provider must be certified by the board department. The board 6 department must develop criteria for certification and must adopt 7 the criteria as regulations. 8 (1) If any provider of information and referral services or 9 other entity leases a 211 number from a local exchange company 10 and is not certified by the agency, the agency shall, after 11 consultation with the local exchange company and the Public 12 Service Commission, request that the Federal Communications 13 Commission direct the local exchange company to revoke the use 14 of the 211 number. 15 (2) The agency shall seek the assistance and guidance of the 16 Public Service Commission and the Federal Communications 17 Commission in resolving any disputes arising over jurisdiction 18 related to 211 numbers.” 19 SECTION 3. Section 11-35-1580 of the 1976 Code is amended 20 to read: 21 “Section 11-35-1580. (1) Information Technology 22 Management Office. The Information Technology Management 23 Office shall be responsible for: 24 (a) assessing the need for and use of information 25 technology; 26 (b) administering all procurement and contracting activities 27 undertaken for governmental bodies involving information 28 technology in accordance with this chapter; 29 (c) providing for the disposal of all information technology 30 property surplus to the needs of a using agency; 31 (d) evaluating the use and management of information 32 technology; 33 (e) operating a comprehensive inventory and accounting 34 reporting system for information technology; 35 (f) developing policies and standards for the management of 36 information technology in state government; 37 (g) initiating a state plan for the management and use of 38 information technology; 39 (h) providing management and technical assistance to state 40 agencies in using information technology; and 41 (i) establishing a referral service for state agencies seeking 42 technical assistance or information technology services.
1 [80-74] 1 (2) Exemptions from the Requirements of this Section. The 2 office may establish by regulation categories of procurement for 3 information technology which shall be exempted from the 4 requirements of this section. 5 (3) Training and Certification. The office may establish a 6 training and certification program in accordance with Section 7 11-35-1030. 8 (A) The Office of the State Chief Information Officer of the 9 Budget and Control Board is responsible for: 10 (1) assessing the need for and use of information 11 technology; 12 (2) evaluating the use and management of information 13 technology; 14 (3) operating a comprehensive inventory and accounting 15 reporting system for information technology; 16 (4) developing policies and standards for the management of 17 information technology in state government; 18 (5) initiating a state plan for the management and use of 19 information technology; 20 (6) providing management and technical assistance to state 21 agencies in using information technology; and 22 (7) establishing a referral service for state agencies seeking 23 technical assistance or information technology services. 24 (B) The Information Technology Management Office of the 25 Procurement Services Division of the Budget and Control Board is 26 responsible for: 27 (1) administering all procurement and contracting activities 28 undertaken for governmental bodies involving information 29 technology in accordance with this chapter; 30 (2) establishing by regulation categories of procurement for 31 information technology which shall be exempted from the 32 requirements of this section; and 33 (3) establishing a training and certification program in 34 accordance with Section 11 - 35 - 1030. 35 (C) Notwithstanding the provisions of subsection (B), the 36 Department of Transportation, the South Carolina Public Service 37 Authority, the South Carolina State Ports Authority, the Medical 38 University of South Carolina, Clemson University, the University 39 of South Carolina and its regional campuses, and the state’s 40 four - year public colleges and universities may each conduct and 41 administer procurements for information technology as a 42 Purchasing Agency without the oversight of the Information 43 Technology Management Office. In making information
1 [80-75] 1 technology procurements, the Department of Transportation, the 2 South Carolina Public Service Authority, the South Carolina State 3 Ports Authority, the Medical University of South Carolina, 4 Clemson University, the University of South Carolina and its 5 regional campuses, and the state’s four - year public colleges and 6 universities must follow the requirements of the South Carolina 7 Consolidated Procurement Code and related regulations.” 8 SECTION 4. Section 23-1-230(H) of the 1976 Code is 9 amended to read: 10 “(H) The First Responders Advisory Committee shall receive 11 clerical and related assistance from the staff of the South Carolina 12 Law Enforcement Division, the Department of Public Safety, and 13 the Office of Information Resources State Chief Information 14 Officer.” 15 SECTION 5. Section 23-47-30 of the 1976 Code is amended to 16 read: 17 “Section 23-47-30. (A) A local government which seeks 18 funding for a 911 system shall submit to the Division of 19 Information Resource Management (DIRM), Budget and Analyses 20 Division, South Carolina Budget and Control Board, Office of 21 Research and Statistics a 911 system plan for review and approval. 22 The plan shall conform to the planning guidelines set forth in this 23 chapter, guidelines promulgated by DIRM the Budget and Control 24 Board, and meet the requirements of current tariffs applicable to 25 the 911 system. The plan must include: 26 (1) the type of 911 system desired for the local government 27 including the type of equipment to be used and the associated 28 costs; 29 (2) the location of the PSAP and the county or municipality 30 agency or organization responsible for operating the PSAP; 31 (3) a listing of those public safety agencies whose services 32 will be available through the 911 system; 33 (4) the personnel determined necessary to operate and 34 maintain the 911 system; and 35 (5) educational efforts the local government will undertake 36 to acquaint the general public with the availability and proper use 37 of the 911 system. 38 (B) Those local governments which already have a 911 system 39 are encouraged to conform to the standards set forth in this 40 section.” 41 SECTION 6. Section 23-47-50(E) of the 1976 Code is 42 amended to read:
1 [80-76] 1 “(E) The ‘emergency telephone system’ fund must be included 2 in the annual audit of the local government in accordance with 3 guidelines issued by the state auditor’s office. A report of the 4 audit must be forwarded to the state auditor within sixty days of its 5 completion, and a copy sent to DIRM the Budget and Analyses 6 Division.” 7 SECTION 7. Section 58-9-2540(B)(7) of the 1976 Code is 8 amended to read: 9 “(7) one representative from the office of the Division Office of 10 Information Resource Management the State Chief Information 11 Officer, State Budget and Control Board; and” 12 SECTION 8. Section 59-150-60(A)(9) of the 1976 Code is 13 amended to read: 14 “(9) acquire or lease real property and make improvements on it 15 and acquire by lease or by purchase personal property including, 16 but not limited to, computers; mechanical, electronic, and on-line 17 equipment and terminals; and intangible property including, but 18 not limited to, computer programs, systems, and software. To 19 achieve cost savings and efficiency, the commission shall use the 20 telecommunications network service of the Budget and Control 21 Board’s Office Division of the State Chief Information Resources 22 Officer pursuant to Sections 1-11-430 and Section 11-35-1580 23 provided that the service is secure;” 24 SECTION 9. Section 59-150-390 of the 1976 Code is 25 amended: 26 “Section 59-150-390. The State Department of Education, in 27 consultation with the Budget and Control Board’s Office Division 28 of the State Chief Information Resources Officer, the State 29 Library, and the Education Television Commission, shall 30 administer primary and secondary technology funding provided for 31 in Section 59-150-350. These funds are intended to provide 32 technology connectivity, hardware, software, and training for the 33 K-12 public schools throughout the State and, to the maximum 34 extent possible, involve public-private sector collaborative efforts. 35 Funds allocated to the local school districts for technology 36 expenditures must be distributed based on the number of students 37 eligible for the free and reduced lunch program in grades 1-3.” 38 Subpart 4 39 Sections 1-11-315, 48-52-435, 48-52-440, and 48-52-460 of the 40 1976 Code are repealed. 41 Subpart 5 42 SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended 43 by adding:
1 [80-77] 1 “Article 9 2 Office of State Chief Information Officer 3 Section 1-11-1300. It is the intent of the General Assembly to 4 create an instrumentality that provides leadership and direction for 5 the use of information technology within the executive branch of 6 government in South Carolina. The General Assembly recognizes 7 the critical role information technology plays in providing cost 8 effective and efficient services to the citizens of this State. The 9 General Assembly envisions an enterprise information system that 10 provides an easily accessible, reliable, and accurate information 11 infrastructure to enhance both the quality and delivery of services. 12 Section 1-11-1305. There is created a management entity 13 within the State Budget and Control Board, the Office of the State 14 Chief Information Officer. The office is headed by the State Chief 15 Information Officer who is appointed by the Governor with the 16 advice and consent of the Senate. The State Chief Information 17 Officer serves at the pleasure of the Budget and Control Board and 18 may only be removed by majority vote of the members of the 19 Budget and Control Board that includes a vote by the Governor to 20 remove the State Chief Information Officer. 21 Section 1-11-1310. The Office of the State Chief Information 22 Officer may be organized in a manner the State Chief Information 23 Officer considers most appropriate to carry out various duties, 24 responsibilities, and authorities assigned to the office. 25 Section 1-11-1315. As used in this article, 26 (1) ‘Advisory Council’ means the South Carolina 27 Information Technology Advisory Council as established in this 28 article. 29 (2) ‘Board’ means the State Budget and Control Board. 30 (3) ‘Exempted state agency’ means the Department of 31 Transportation, the South Carolina Public Service Authority, the 32 South Carolina State Ports Authority, the Medical University of 33 South Carolina, Clemson University, the University of South 34 Carolina and its regional campuses, and the state’s four-year public 35 colleges and universities. 36 (4) ‘Governmental body’ means a state government 37 department, commission, council, board, bureau, committee, 38 institution, college, university, technical school, agency, 39 government corporation, or other establishment or official of the 40 executive branch. Governmental body does not mean the General 41 Assembly, the State Senate, the State House of Representatives, or 42 any committee or instrumentality of the General Assembly, the 43 Senate, or House of Representatives; the Judicial Department;
1 [80-78] 1 Legislative Council; the Office of Legislative Printing, Information 2 and Technology Systems; the Department of Transportation; the 3 South Carolina Public Service Authority; the South Carolina State 4 Ports Authority; the Medical University of South Carolina, 5 Clemson University, the University of South Carolina and its 6 regional campuses, and the state’s four-year public colleges and 7 universities; and all local political subdivisions such as counties, 8 municipalities, school districts, or public service or special purpose 9 districts. 10 (5) ‘Immediate family’ means a person who is: 11 (a) a spouse; 12 (b) a child residing in the same household; or 13 (c) claimed as a dependent for income tax purpose. 14 (6) ‘Information technology’ means electronic data 15 processing goods and services, telecommunications goods and 16 services, information security goods and services, information 17 management, microprocessors, software, information processing, 18 office systems, any services related to these, and consulting or 19 other services for design or redesign of information technology 20 supporting business processes. 21 (7) ‘Information technology vendor’ means a person or 22 entity who provides or proposes to provide information technology 23 goods or services in excess of an aggregate amount of four 24 hundred thousand dollars to the office pursuant to a procurement 25 contract or contracts for one or more projects within a fiscal year, 26 but does not include an employee of the office, a state agency, or 27 an instrumentality of the State. The term includes a corporation 28 whose shares are traded publicly and which is the parent company 29 of the contracting party in a procurement contract. 30 (8) ‘Office’ means the Office of the State Chief Information 31 Officer. 32 (9) ‘Other state entity’ means the General Assembly, the 33 State Senate, the State House of Representatives, or any committee 34 or instrumentality of the General Assembly, State Senate or State 35 House of Representatives; the Judicial Branch; the Legislative 36 Council; the Office of Legislative Printing, Information and 37 Technology Systems; or any other state agency or department that 38 is not a political subdivision or is not included in the definitions of 39 a governmental body or exempted state agency. 40 (10) ‘Political subdivision’ means the counties, 41 municipalities, school districts, special purpose districts, special 42 service districts, commissioners of public works, and any other
1 [80-79] 1 local governmental authority, board, commission, agency, 2 department, or political body. 3 (11) ‘Telecommunications’ means the provision, 4 transmission, conveyance, or routing of voice, data, video, or any 5 other information or signals to a point, or between or among 6 points, by or through any electronic, radio, or other medium or 7 method now in existence or devised after this article takes effect. 8 Telecommunications includes, but is not limited to, local telephone 9 services, toll telephone services, telegraph services, teletypewriter 10 services, teleconferencing services, private line services, channel 11 services, Internet protocol telephony, cable services, and mobile 12 telecommunications services, and includes all facilities and 13 equipment performing these functions. 14 Section 1-11-1320. (A) There is created the South Carolina 15 Information Technology Advisory Council. 16 (B) The advisory council consists of the following nine 17 members: 18 (1) two cabinet agency directors appointed by the Governor; 19 (2) one noncabinet agency director appointed by the 20 Governor upon recommendation of the president of the State 21 Agency Directors Organization; 22 (3) one representative of the state institutions of higher 23 learning appointed by the Council of Public College and 24 University Presidents; 25 (4) two citizen members from the private sector appointed 26 by the Governor; 27 (5) one citizen member from the private sector appointed by 28 the President of the Senate; 29 (6) one citizen member from the private sector appointed by 30 the Speaker of the House of Representatives; and 31 (7) the State Chief Information Officer. 32 (C) The State Chief Information Officer serves as chairman of 33 the advisory council. 34 (D) Appointed members serve at the pleasure of the appointing 35 authority. Members who serve by virtue of an office serve on the 36 advisory council while they hold that office. 37 (E) Members serve without compensation, but citizen members 38 of the advisory council are allowed the usual per diem and mileage 39 as provided by law for members of boards, commissions, and 40 committees while on official business of the advisory council. 41 (F) The powers and duties of the advisory council include the 42 following:
1 [80-80] 1 (1) make recommendations for the coordinated statewide 2 strategic plan for information technology prepared by the office; 3 (2) make recommendations for the statewide strategic 4 information technology directions, standards, and enterprise 5 architecture prepared by the office; 6 (3) make recommendations concerning a process to assess 7 information technology plans and information technology projects 8 as provided in Section 1-11-1335(4); 9 (4) make recommendations concerning the procedures 10 developed by the office for the allocation and distribution of funds 11 from the Information Technology Innovation Fund; 12 (5) upon request of the State Chief Information Officer or 13 the board, make recommendations concerning the advisability of 14 granting governmental bodies exemptions from the requirements 15 imposed by the Chief Information Officer as provided in this 16 article; 17 (6) upon request of the State Chief Information Officer or 18 the board, make recommendations concerning the termination of 19 any information technology project of a governmental body or 20 governmental bodies; and 21 (7) upon request of the board, may review decisions of the 22 office concerning whether the information technology plans and 23 projects of the governmental body conform to statewide 24 information technology plans, strategies, and standards. 25 Section 1-11-1325. (A) The State Information Technology 26 Directors Committee is created to advise the State Chief 27 Information Officer on matters relating to the development and 28 implementation of information technology standards, policies, and 29 procedures and facilitate the exchange of information among the 30 information technology directors of governmental bodies. The 31 committee includes representatives from governmental bodies and 32 must be chosen in a manner and number determined by the State 33 Chief Information Officer. 34 (B) The State Chief Information Officer may establish other 35 standing or ad hoc advisory committees to provide assistance 36 relating to any other matters within the office’s authority. 37 (C) Members of the advisory committees appointed pursuant to 38 subsections (A) and (B) are allowed the usual per diem and 39 mileage as provided by law for members of boards, commissions, 40 and committees while on official business of the committees. 41 Members who are full-time state employees shall not receive per 42 diem.
1 [80-81] 1 Section 1-11-1330. The powers and duties of the office 2 include the following: 3 (1) develop for approval by the board a coordinated 4 statewide strategic plan for information technology; 5 (2) develop for approval by the board statewide strategic 6 information technology directions, standards, and enterprise 7 architecture. These directions, standards, and architecture must 8 include, but are not limited to, information related to the privacy 9 and confidentiality of data collected and stored by governmental 10 bodies, web site accessibility, and assistive technologies. The 11 office shall implement necessary management processes to assure 12 that governmental bodies fully comply with these directions, 13 standards, and architecture; 14 (3) develop policies and procedures for the effective 15 management of information technology investments throughout 16 their entire life cycles, including, but not limited to, project 17 definition, procurement, development, implementation, operation, 18 performance evaluation, and enhancement or retirement; 19 (4) in cooperation with governmental bodies, evaluate the 20 information technology of governmental bodies to determine 21 whether the merger of information technology and related 22 resources is justified by sound business principles including, but 23 not limited to, efficiency, cost effectiveness, and cross agency 24 information sharing. If the State Chief Information Officer and a 25 governmental body or governmental bodies do not agree on a 26 merger determination by the State Chief Information Officer, the 27 governmental body or governmental bodies may seek a waiver 28 from the determination by following the appeal process in Section 29 1-11-1355; 30 (5) plan and forecast future needs for information 31 technology and conduct studies and surveys of organizational 32 structures and best management practices of information 33 technology systems and procedures; 34 (6) evaluate the information technology plans and projects of 35 governmental bodies to ensure that the plans and projects are 36 consistent with statewide plans, strategies, and standards, including 37 alignment with the state’s business goals, investments, and other 38 risk management policies; 39 (7) assist the Secretary of Commerce in the development of 40 information technology related industries in the State and the 41 promotion of economic development initiatives based on 42 information technology;
1 [80-82] 1 (8) assist governmental bodies in the development of 2 guidelines concerning the qualifications and training requirements 3 of information technology related personnel; 4 (9) secure all telecommunications equipment and services 5 for governmental bodies under terms the office considers suitable 6 and coordinate the supply of the equipment and services for use by 7 governmental bodies; 8 (10) operate and manage a state consolidated data center, and 9 other appropriate data centers, to be used by governmental bodies 10 under terms and conditions established by the office; 11 (11) develop information technology applications and 12 services for entities requesting them; 13 (12) enter into agreements and contracts with governmental 14 bodies, political subdivisions, and other state entities to provide 15 and receive goods and services. The office may establish fee 16 schedules to be collectible from governmental bodies and other 17 state entities for services rendered and goods provided; 18 (13) hire necessary personnel and assign them duties and 19 powers as the office prescribes; and 20 (14) exercise and perform other powers and duties as granted 21 to it, imposed upon it by law or necessary to carry out the purposes 22 in this article. 23 Section 1-11-1335. The office has the following additional 24 powers and duties relating to planning and the management of 25 information technology projects of governmental bodies: 26 (1) oversee the development of any statewide and 27 multi-agency information technology enterprise projects; 28 (2) develop for board approval a process for approving the 29 information technology plans of governmental bodies; 30 (3) establish a methodology and process for conceiving, 31 planning, scheduling, procuring, and providing appropriate 32 oversight for information technology projects; 33 (4) develop for the board’s approval a process for approving 34 information technology projects proposed by governmental bodies 35 to ensure that all of these projects conform to statewide 36 information technology plans, strategies, and standards, the 37 information technology plan of the governmental body, and the 38 project management methodology. Before initiating any 39 information technology project proposed by a governmental body 40 or governmental bodies that exceeds an amount set or adjusted by 41 the board, but initially set at four hundred thousand dollars, the 42 project must be approved, as provided in the approval process.
1 [80-83] 1 Governmental bodies shall not artificially divide these projects so 2 as to avoid the approval process; 3 (5) monitor approved information technology projects. The 4 office may modify and suspend any information technology 5 project that is not in compliance with statewide information 6 technology plans, strategies, and standards or that has not met the 7 performance measures agreed to by the office and the sponsoring 8 governmental body. Upon suspension of an information 9 technology project, the State Chief Information Officer must 10 submit to the board a recommended action plan at the board’s next 11 regularly scheduled meeting. The governmental body may 12 respond to the State Chief Information Officer’s recommended 13 action plan when it is presented to the board. Upon notifying a 14 governmental body and giving the governmental body an 15 opportunity to be heard, the board may terminate projects upon 16 recommendation of the State Chief Information Officer; 17 (6) establish minimum qualifications and training standards 18 for project managers; and 19 (7) establish an information clearinghouse that identifies 20 best practices and new developments and contains detailed 21 information regarding the state’s previous experiences with the 22 development of information technology projects. 23 Section 1-11-1340. (A) The office has the following additional 24 powers and duties relating to telecommunications: 25 (1) coordinate the various telecommunications facilities and 26 services used by governmental bodies; 27 (2) acquire, lease, construct, or organize facilities and 28 equipment as necessary to deliver comprehensive 29 telecommunications services in an efficient and cost-effective 30 manner, and maintain these facilities and equipment; 31 (3) provide technical assistance to governmental bodies in 32 areas such as: 33 (a) performing systems development services, including 34 design, application programming, and maintenance; 35 (b) conducting research and sponsoring demonstration 36 projects pertaining to all facets of telecommunications; and 37 (c) planning and forecasting for future needs in 38 communications services. 39 (B) If requested by a political subdivision, other state entity, or 40 exempted state agency, the office may supply telecommunications 41 goods and services to the political subdivision, other state entity, or 42 exempted state agency under terms and conditions agreed upon by
1 [80-84] 1 the office and the political subdivision, other state entity, or 2 exempted state agency. 3 (C) A governmental body shall not enter into an agreement or 4 renew an existing agreement for telecommunications services or 5 equipment unless approved by the office. 6 Section 1-11-1345. (A) The office has the following additional 7 powers and duties relating to information technology procurements 8 by governmental bodies ensure that information technology 9 procurements conform to statewide information technology plans, 10 strategies, and standards. 11 (B) If requested by a political subdivision, other state entity, or 12 exempted state agency, the office may supply information 13 technology goods and services to the political subdivision, other 14 state entity, or exempted state agency under terms and conditions 15 agreed upon by the office and the political subdivision, other state 16 entity, or exempted state agency. 17 (C) An exempted state agency must follow the requirements of 18 the South Carolina Consolidated Procurement Code and related 19 regulations in making information technology procurements. 20 Section 1-11-1350. The office has the following additional 21 powers and duties relating to the security of government 22 information and infrastructure: 23 (1) to protect the state’s critical information technology 24 infrastructure and associated data systems if there is a major 25 disaster, whether natural or otherwise, and to allow the services to 26 the citizens of this State to continue if there is such an event, the 27 office shall develop a Critical Information Technology 28 Infrastructure Protection Plan which devises policies and 29 procedures to provide for the confidentiality, integrity, and 30 availability of, and to allow for alternative and immediate on-line 31 access to data and information systems necessary to provide 32 critical information to citizens and ensure the protection of state 33 employees as they carry out their disaster-related duties. All 34 governmental bodies of this State are directed to assist the office in 35 the collection of data required for this plan; 36 (2) to oversee, plan, and coordinate periodic security audits 37 of governmental bodies regarding the protection of government 38 information and information technology infrastructure. These 39 security audits may include, but are not limited to, on-site audits as 40 well as reviews of all written security procedures. The office may 41 conduct the security audits or contract with a private firm or firms 42 to conduct these security audits. Governmental bodies subject to a
1 [80-85] 1 security audit shall cooperate fully with the entity designated to 2 perform such audits. 3 Section 1-11-1355. (A) Each governmental body is required to 4 develop an information technology plan and submit the plan to the 5 office for approval. The office may reject or require modification 6 to those plans that do not conform to statewide information 7 technology plans, strategies, and standards. 8 (B) A governmental body or governmental bodies may seek a 9 waiver from the standards, requirements, or merger determinations 10 as provided in this article by submitting a request for a waiver to 11 the State Chief Information Officer. 12 (C) The State Chief Information Officer must consider the 13 technological and financial impact on the State as a whole and on 14 the specific governmental body or governmental bodies in making 15 a determination regarding the waiver. 16 (D) In deciding whether to grant the request or upon the request 17 of the governmental body or governmental bodies, the State Chief 18 Information Officer may seek a recommendation concerning the 19 waiver from the advisory council. 20 (E) If the State Chief Information Officer denies the request for 21 a waiver, the governmental body or governmental bodies may seek 22 review of the denial by the board. The governmental body or 23 governmental bodies and State Chief Information Officer must 24 present information concerning the waiver to the board, and the 25 board may request a recommendation from the advisory council if 26 one has not been previously obtained. 27 (F) The board’s decision concerning the waiver is final, but 28 does not prohibit the governmental body or governmental bodies 29 from seeking a subsequent waiver through the appeal process in 30 this section upon a showing of substantial change in 31 circumstances. 32 Section 1-11-1360. (A) The Budget and Control Board shall 33 provide, from funds appropriated for that purpose by the General 34 Assembly, funds necessary to carry out all duties and 35 responsibilities assigned to the office that are not reimbursable 36 through a fee-for-service methodology. The office must deposit in 37 a special account in the Office of the State Treasurer revenue 38 received from providing goods and services to governmental 39 bodies, political subdivisions, and other state entities. The revenue 40 deposited in the account may be expended only for the costs of 41 providing the goods and services, and these funds may be retained 42 and expended for the same purposes.
1 [80-86] 1 (B) There is created an Information Technology Innovation 2 Fund. This fund must provide incentives to governmental bodies 3 to implement enterprise initiatives and electronic government 4 projects. Use of the fund must encourage governmental bodies to 5 pursue innovative and creative approaches using technology that 6 provides needed citizens’ services more cost effectively and 7 efficiently. The fund shall not be used to replace or offset 8 appropriations for on-going technology expenditures and 9 operations. The fund consists of those funds appropriated through 10 the state budget process, grants, gifts, and other donations received 11 by the State or otherwise available. The office, with the approval 12 of the board, is responsible for developing appropriate procedures 13 for the allocation and distribution of these funds. 14 Section 1-11-1365. (A) An information technology vendor for a 15 contract or contracts must not pay, give, or otherwise make 16 available anything of value in violation of provisions of the South 17 Carolina Ethics Reform Act. A person who violates the act is 18 subject to the provisions of Sections 11-35-4220 and 11-35-4230. 19 (B) An information technology vendor who has entered into the 20 competitive solicitation process for a contract or contracts or who 21 has been awarded a contract or contracts with the office shall not 22 contribute to or make independent expenditures relative to the 23 campaign of a candidate for the General Assembly or a statewide 24 constitutional officer, to a political party, as defined in Section 25 8-13-1300(26), or to a committee, as defined in Section 26 8-13-1300(6), during the competitive solicitation process or during 27 the term of the contract or contracts. 28 (C) The prohibition in subsection (B) specifically applies to the 29 officer or board member of an information technology vendor, 30 holders of an interest in an information technology vendor of more 31 than ten percent, and their immediate family members.” 32 SECTION 2. Section 1-11-430 of the 1976 Code is repealed. 33 SECTION 3. Title 1 of the 1976 Code is amended by adding: 34 “CHAPTER 8 35 Office of the State Inspector General 36 Section 1-8-10. (A) There is hereby created as a separate 37 division within the Department of Administration the Office of the 38 State Inspector General to be headed by a State Inspector General. 39 The State Inspector General must be responsible for promoting 40 integrity and efficiency in executive agencies. 41 (B) The State Inspector General must possess the following 42 qualifications:
1 [80-87] 1 (1) a bachelor’s degree from an accredited college or 2 university with major in accounting, or with a major in business 3 which includes five courses in accounting, and five years of 4 experience as an internal auditor of independent post auditor, 5 electronic data processing auditor, accountant, or any combination 6 thereof. The experience must at a minimum consist of audits of 7 units of government or private business enterprises, operating for 8 profit or not for profit; 9 (2) a master’s degree in accounting, business administration, 10 or public administration from an accredited college or university 11 and four years of experience as required in item (1); or 12 (3) a certified public accountant license or a certified 13 internal audit certificate issued by the Institute of Internal Auditors 14 or earned by examination, and five years of experience as required 15 in item (1). 16 (C) The State Inspector General must be appointed by the 17 Governor with the advice and consent of the Senate for a term to 18 be coterminous with that of the Governor. 19 (D) The State Inspector General shall serve until his successor 20 is appointed and qualifies. Vacancies must be filled in the manner 21 of original selection. 22 (E) The State Inspector General may be removed from office at 23 the Governor’s discretion by an executive order as provided in 24 Section 1-3-240(B). 25 (F) The State Inspector General shall supervise the Office of 26 State Inspector General under the direction and control of the 27 Governor and shall exercise other powers and perform other duties 28 as the Governor requires. The State Inspector General must be 29 directly responsible to the Governor and must be independent of 30 any other executive agency. 31 Section 1-8-20. (A) For purposes of this chapter, ‘executive 32 agency’ or ‘executive agencies’ means any office, department, 33 board, commission, institution, university, college, body politic, 34 and corporate of the State and any other person or any other 35 administrative unit of state government or corporate outgrowth of 36 state government, expending or encumbering state funds by virtue 37 of an appropriation from the General Assembly, or handling 38 money on behalf of the State, or holding any trust funds from any 39 source derived. ‘Executive agency’ or ‘executive agencies’ does 40 not mean or include municipalities, counties, special purpose 41 districts, the South Carolina National Guard, or any entity that 42 derives its powers and duties under Article 3 or Article 5 of the 43 South Carolina Constitution.
1 [80-88] 1 (B) The purpose of the Office of State Inspector General is to: 2 (1) initiate, supervise, and coordinate investigations, 3 recommend polices, and carry out other activities designed to 4 deter, detect, prevent, and eradicate fraud, waste, misconduct, and 5 abuse in the programs, operations, and contracting of all executive 6 agencies; 7 (2) keep the heads of executive agencies and the Governor 8 fully informed about problems, errors, omissions, misconduct, and 9 deficiencies relating to or arising out of the administration of 10 programs, operations, and contracting in executive agencies; and 11 (3) provide leadership, coordination, and control over 12 satellite Inspector General offices in designated executive agencies 13 to ensure a coordinated and efficient administration of duties and 14 use of staff. 15 (C) Agency or satellite Inspector General offices established in 16 executive agencies must report to and follow the direction of the 17 State Inspector General. 18 (D) The Office of State Inspector General and the State 19 Inspector General have no jurisdiction, power, or authority over: 20 (1) the South Carolina National Guard, the Inspector 21 General of the South Carolina National Guard, or matters falling 22 under the jurisdiction or cognizance of the Adjutant General or the 23 Inspector General of the South Carolina National Guard; 24 (2) municipalities, counties, or special purpose districts; or 25 (3) any entity that derives its powers and duties under 26 Article 3 or Article 5 of the South Carolina Constitution. 27 Section 1-8-30. (A) It is the duty and responsibility of the 28 State Inspector General to: 29 (1) initiate, supervise, and coordinate investigative activities 30 relating to fraud, waste, misconduct, or abuse in executive 31 agencies; 32 (2) investigate, upon receipt of a complaint or for cause, any 33 administrative action of any executive agency including, but not 34 limited to, the possible existence of an activity in an executive 35 branch agency constituting a violation of law, rules or regulations, 36 or mismanagement, fraud, waste of funds, abuse of authority, 37 malfeasance, misfeasance, nonfeasance, or a substantial and 38 specific danger to the public health and safety; 39 (3) examine the records of any executive agency; 40 (4) require and obtain immediately by written notice from 41 officers and employees of executive agencies, to the fullest extent 42 permitted by law, information, documents, reports, answers,
1 [80-89] 1 records, accounts, papers, and other necessary data and 2 documentary evidence; 3 (5) have direct and prompt access to the heads of executive 4 agencies when necessary for a purpose pertaining to the 5 performance of functions and responsibilities under this chapter; 6 (6) recommend policies for and conduct, supervise, and 7 coordinate activities designed to deter, detect, prevent, and 8 eradicate fraud, waste, misconduct, and abuse in executive 9 agencies; 10 (7) coordinate complaint-handling activities in executive 11 agencies; 12 (8) implement policies to conform to the standards of 13 Chapter 27 of Title 8 concerning information received from state 14 employees; 15 (9) establish and maintain an 800 telephone number for 16 reporting fraud, waste, and abuse and for use as a whistle blower’s 17 hotline; 18 (10) report expeditiously to and cooperate fully with the State 19 Attorney General, South Carolina Law Enforcement Division, the 20 United States Attorney General, an appropriate solicitor, and other 21 law enforcement agencies when there are recognizable grounds to 22 believe that there has been a violation of criminal law or that a 23 civil action should be initiated; 24 (11) refer matters to the heads of executive agencies 25 whenever the State Inspector General determines that disciplinary 26 or other administrative action is appropriate; 27 (12) review, evaluate, and monitor the policies, practices, and 28 operations of the Executive office of Governor; 29 (13) conduct special investigations and management reviews 30 at the request of the Governor; 31 (14) select, appoint, and employ officers and employees 32 necessary for carrying out the functions, powers, and duties of the 33 office; and 34 (15) promulgate regulations to implement the polices and 35 purposes of this chapter including, but not limited to, regulations 36 for a system of monetary rewards for persons whose reports of 37 fraud, waste, or abuse result in savings to the State, the prevention 38 of loss, or the recovery of money or property owed to or belonging 39 to the State or an executive agency. 40 (B) The Office of Inspector General and the State Inspector 41 General are authorized and directed to take any lawful action that 42 is necessary and proper for the discharge of their duties and 43 responsibilities under this chapter.
1 [80-90] 1 Section 1-8-40. (A) Upon request of the State Inspector 2 General for information or assistance, executive agencies shall 3 immediately furnish the information and assistance to the State 4 Inspector General or an authorized designee. 5 (B) If information or assistance requested is, in the judgment of 6 the State Inspector General, unreasonably refused or not provided, 7 the State Inspector General may report the circumstances to the 8 head of the agency, the Attorney General, and the Governor for 9 appropriate action. 10 (C) The State Inspector General must submit any findings in 11 the form of a written report to the Governor upon completion of 12 any investigation or audit. Upon request, any report submitted to 13 the Governor by the State Inspector General must be made 14 available to the President Pro Tempore of the Senate and Speaker 15 of the House of Representatives. 16 (D) The State Inspector General must monitor the 17 implementation of the executive agency’s response to any report. 18 No later than six months after the State Inspector General 19 publishes a report on the executive agency, the State Inspector 20 General must provide a written response to the Governor on the 21 status of corrective actions taken. Upon request, any report 22 submitted to the Governor by the State Inspector General must be 23 made available to the President Pro Tempore of the Senate and 24 Speaker of the House of Representatives. 25 (E) No later than February fifteenth of each year, the State 26 Inspector General must submit an annual report summarizing the 27 activities of the office during the immediately preceding state 28 fiscal year to the Governor, the President Pro Tempore of the 29 Senate, the Speaker of the House of Representatives, and the 30 Legislative Audit Council. The report must include, but need not 31 be limited to: 32 (1) a description of activities relating to the development, 33 assessment, and validation of performance measures; 34 (2) a description of significant abuses and deficiencies 35 relating to the administration of programs and operations of the 36 agency disclosed by investigations, audits, reviews, or other 37 activities during the reporting period; 38 (3) a description of the recommendations for corrective 39 action made by the State Inspector General during the reporting 40 period with respect to significant problems, abuses, or deficiencies 41 identified;
1 [80-91] 1 (4) the identification of each significant recommendation 2 described in previous annual reports on which corrective action 3 has not been completed; and 4 (5) a summary of each audit and investigation completed 5 during the reporting period. 6 (F) Any report under this section is subject to public disclosure 7 to the extent that it does not include information made confidential 8 and exempt under the provisions of Sections 30-4-20(c) and 9 30-4-40. However, when the State Inspector General or a member 10 of his staff receives from an individual a complaint or information, 11 the name or identity of the individual, must not be disclosed to 12 anyone else without the written consent of the individual, unless 13 the State Inspector General determines that such disclosure is 14 unavoidable during the course of the investigation. 15 (G) The State Inspector General may make public reports 16 relating to the administration of the programs and operations of an 17 executive agency that are, in the judgment of the State Inspector 18 General, necessary or desirable. If the State Inspector General 19 determines to issue a public report, he must consult with the 20 Attorney General and other laws enforcement agencies before 21 issuing the report to ensure against an adverse impact on a grand 22 jury proceeding or prosecution being conducted by the Attorney 23 General, a circuit solicitor, or a law enforcement agency; 24 (H) In performing his duties, the State Inspector General is 25 subject to the statutory provisions and penalties regarding 26 confidentiality of records of the executive agency or person under 27 review. 28 Section 1-8-50. (A) No person may take or threaten to take 29 action against an employee as a reprisal for making a complaint or 30 disclosing information to the State Inspector General, unless the 31 complaint was made or the information disclosed with the 32 knowledge that it was false or with wilful disregard for its truth or 33 falsity. 34 (B) Nothing in this article shall affect the rights and protections 35 of state employees afforded under Title 8. 36 (C) The protections in this chapter for employees who report 37 fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, 38 or abuse in good faith are in addition and cumulative to protections 39 provided by another law.” 40 Subpart 6 41 SECTION 1. This part takes effect July 1, 2006. 42 PART IV 43 Department of Behavioral Health Services
1 [80-92] 1 Subpart 1 2 SECTION 1. Section 8-11-945 of the 1976 Code is amended to 3 read: 4 “Section 8-11-945. For the purposes of this article, local health 5 care providers of the Department of Disabilities and Special 6 Needs, Division of Mental Retardation, Department of Behavioral 7 Health Services, Department Division of Alcohol and Other Drug 8 Abuse Services, and the South Carolina Division on Aging are 9 eligible for the base pay increase and performance pay increase as 10 prescribed.” 11 SECTION 2. Section 9-11-10(23)(b) of the 1976 Code is 12 amended to read: 13 “(b) an employee after January 1, 2000, of the South Carolina 14 Department of Corrections, the South Carolina Department of 15 Juvenile Justice, or the South Carolina Department Division of 16 Mental Health in the Department of Behavioral Health Services 17 who, by the terms of his employment, is a peace officer as defined 18 by Section 24-1-280. 19 Notwithstanding prior duties performed by a person who is a 20 police officer as defined in this item, the provisions of Section 21 9-11-40(9) apply to a person who is or who becomes a member of 22 the Police Officers Retirement System.” 23 SECTION 3. Section 11-11-170 of the 1976 Code is amended 24 to read: 25 “Section 11-11-170. (A) All revenues payable to this State 26 pursuant to the Master Settlement Agreement as described in 27 Section 11-47-20(e) must be used in the manner specified in this 28 section. 29 (B)(1) Seventy-three percent of the revenues must be used for 30 healthcare programs. These revenues, or the funds obtained 31 pursuant to Chapter 49 of Title 11, must be deposited in a fund 32 separate and distinct from the general fund and all other funds, 33 which is hereby established in the State Treasury styled the 34 Healthcare Tobacco Settlement Trust Fund. Earnings on this fund 35 must be credited to the fund. The principal must remain in the fund 36 and only the interest earnings may be appropriated and used for the 37 following purposes: 38 (a) for fiscal year 2000-2001 only, the first twenty million 39 dollars available from the principal derived from securitization 40 must be used for hospital base increase; 41 (b) the South Carolina Seniors’ Prescription Drug Program, 42 as provided in Chapter 130 of Title 44;
1 [80-93] 1 (c) home and community-based programs for seniors 2 coordinated by the Department of Health and Human Services 3 Oversight and Finance; 4 (d) youth smoking cessation and prevention programs 5 coordinated by the Department of Health and Environmental 6 Control and the Department Division of Alcohol and Other Drug 7 Abuse Services; 8 (e) newborn infants hearing screening initiatives 9 coordinated by the Department of Health and Environmental 10 Control; 11 (f) disease prevention and elimination of health disparities: 12 diabetes, HIV/AIDS, hypertension, and stroke, particularly in 13 minority populations; and 14 (g) other health related issues as determined by the General 15 Assembly. 16 (2) Fifteen percent of the revenues, or the funds obtained 17 pursuant to Chapter 49 of Title 11, must be deposited in a fund 18 separate and distinct from the general fund and all other funds, 19 which is hereby established in the State Treasury styled the 20 Tobacco Community Trust Fund. Earnings on the fund must be 21 credited to the fund. This fund must be used to reimburse: 22 (a) tobacco growers, tobacco quota holders, and tobacco 23 warehousemen for actual losses due to reduced quotas since 1998. 24 For purposes of this subitem, `tobacco quota owner’ and `tobacco 25 grower’ have the meaning provided in Section 46-30-210, and the 26 reimbursement is for losses incurred in reduced cultivation of 27 tobacco in this State. Reimbursements must be made pursuant to 28 eligibility requirements established by the South Carolina Tobacco 29 Community Development Board created pursuant to Section 30 46-30-230; and 31 (b) after the reimbursement provided pursuant to subitem 32 (a), the balance must be held in an escrow account through June 33 30, 2012, and used as provided in subitem (a). After June 30, 2012, 34 any account balance must be transferred to the Healthcare Tobacco 35 Settlement Trust Fund. 36 (3) Ten percent of the revenues, or the funds obtained 37 pursuant to Chapter 49 of Title 11, must be deposited in a fund 38 separate and distinct from the general fund and all other funds, 39 which is hereby established in the State Treasury styled the 40 Tobacco Settlement Economic Development Fund. Earnings on 41 the fund must be credited to the fund. This fund must be used for 42 the following programs:
1 [80-94] 1 (a) the first eighty million dollars credited to the fund is set 2 aside to be used for the purposes specified in this item except for 3 subitem (b); 4 (b) for Fiscal Year 2000-2001 only, the next ten million 5 dollars credited to the fund must be set aside to be available to be 6 appropriated and used in accordance with the provisions of Section 7 12-37-2735; and 8 (c) the remaining revenue credited to the fund must be used 9 to fund the South Carolina Water and Wastewater Infrastructure 10 Fund as provided in Section 13-1-45. 11 (4) Two percent of the revenues, or the funds obtained 12 pursuant to Chapter 49 of Title 11, must be deposited in a fund 13 separate and distinct from the general fund and all other funds, 14 which is hereby established in the State Treasury styled the 15 Tobacco Settlement Local Government Fund. Earnings on the fund 16 must be credited to the fund. This fund must be used to fund the 17 operation of and grants distributed by the Office of Local 18 Government of the Division of Regional Development of the 19 Budget and Control Board, or its successor in interest. 20 (C) In addition to those investments allowed pursuant to Section 21 11-9-660, the State Treasurer may invest and reinvest the revenues 22 payable to the State pursuant to the Tobacco Master Settlement 23 Agreement or funds raised pursuant to the provisions of Chapter 24 49 of this title and credited to the funds established by this section 25 in any obligations of a corporation, state, or political subdivision 26 denominated in United States dollars if the obligations bear an 27 investment grade rating of at least two nationally recognized rating 28 services.” 29 SECTION 4. Section 12-21-2975 of the 1976 Code is amended 30 to read: 31 “Section 12-21-2975. All soft drinks, playing cards, cigarettes 32 and tobacco products confiscated under this chapter shall be 33 donated to the Department Division of Mental Health in the 34 Department of Behavioral Health Services for patient use. The 35 items listed in this section shall not be subject to the advertisement 36 and sale provisions as provided for in this chapter.” 37 SECTION 5. Section 14-1-203(2) of the 1976 Code is amended 38 to read: 39 “(2) 10.04 percent to the Department Division of Mental Health 40 to be used exclusively for the treatment and rehabilitation of drug 41 addicts within the department’s division’s addiction center 42 facilities;”
1 [80-95] 1 SECTION 6. Section 14-1-204(2) of the 1976 Code is amended 2 to read: 3 “(2) 7.23 percent to the Department Division of Mental Health 4 to be used exclusively for the treatment and rehabilitation of drug 5 addicts within the department’s division’s addiction center 6 facilities;” 7 SECTION 7. Section 14-1-205(2) of the 1976 Code is amended 8 to read: 9 “(2) 16.73 percent to the Department Division of Mental Health 10 to be used exclusively for the treatment and rehabilitation of drug 11 addicts within the department’s division’s addiction center 12 facilities;” 13 SECTION 8. Section 14-1-208(C)(7) of the 1976 Code is 14 amended to read: 15 “(7) .97 percent to the Department Division of Mental Health to 16 be used exclusively for the treatment and rehabilitation of drug 17 addicts within the department’s division’s addiction center 18 facilities;” 19 SECTION 9. The last paragraph of Section 16-25-20 of the 20 1976 Code is amended to read: 21 “An offender who participates in a batterer treatment program 22 pursuant to this section, must participate in a program offered 23 through a government agency, nonprofit organization, or private 24 provider approved by the Department of Social Services. The 25 offender must pay a reasonable fee for participation in the 26 treatment program but no person may be denied treatment due to 27 inability to pay. If the offender suffers from a substance abuse 28 problem, the judge may order, or the batterer treatment program 29 may refer, the offender to supplemental treatment coordinated 30 through the Department Division of Alcohol and Other Drug 31 Abuse Services with the local alcohol and drug treatment 32 authorities pursuant to Section 61-12-20. The offender must pay a 33 reasonable fee for participation in the substance abuse treatment 34 program, but no person may be denied treatment due to inability to 35 pay.” 36 SECTION 10. Section 16-25-65(B) of the 1976 Code is 37 amended to read: 38 “(B) A person who violates subsection (A) is guilty of a felony 39 and, upon conviction, must be imprisoned not more than ten years. 40 The court may suspend the imposition or execution of all or part of 41 the sentence, and place the offender on probation conditioned upon 42 the offender completing, to the satisfaction of the court, a program 43 designed to treat batterers offered through a government agency,
1 [80-96] 1 nonprofit organization, or private provider approved by the 2 Department of Social Services. The offender must pay a 3 reasonable fee for participation in the treatment program, but no 4 person may be denied treatment due to inability to pay. If the 5 offender suffers from a substance abuse problem, the judge may 6 order, or the batterer treatment program may refer, the offender to 7 supplemental treatment coordinated through the Department 8 Division of Alcohol and Other Drug Abuse Services in the 9 Department of Behavioral Health Services with the local alcohol 10 and drug treatment authorities pursuant to Section 61-12-20. The 11 offender must pay a reasonable fee for participation in the 12 substance abuse treatment program, but no person may be denied 13 treatment due to inability to pay.” 14 SECTION 11. Section 17-24-40(F) of the 1976 Code is 15 amended to read: 16 “(F) If a person is committed to the supervision of the 17 Department Division of Mental Health in the Department of 18 Behavioral Health Services pursuant to this section after having 19 been found not guilty by reason of insanity of a violent crime, the 20 person may shall not leave the facility or grounds to which he is 21 committed at any time unless accompanied by an employee of the 22 department who must be responsible for and in the physical 23 presence of the person at all times. For purposes of this section, a 24 violent crime includes those offenses described in Section 16-1-60 25 and the common law offense of assault and battery of a high and 26 aggravated nature.” 27 SECTION 12. Section 20-7-670(F) of the 1976 Code is 28 amended to read: 29 “(F) The Department of Social Services must investigate an 30 allegation of abuse or neglect of a child where the child is in the 31 custody of or a resident of a residential treatment facility or 32 intermediate care facility for the mentally retarded licensed by the 33 Department of Health and Environmental Control or operated by 34 the Department Division of Mental Health in the Department of 35 Behavioral Health Services.” 36 SECTION 13. Section 20-7-765 of the 1976 Code is amended 37 to read: 38 “Section 20-7-765. (A) When the conditions justifying removal 39 pursuant to Section 20-7-736 include the addiction of the parent or 40 abuse by the parent of controlled substances, the court may require 41 as part of the placement plan ordered pursuant to Section 42 20-7-764:
1 [80-97] 1 (1) The parent successfully must complete a treatment 2 program operated by the Department Division of Alcohol and 3 Other Drug Abuse Services or another treatment program 4 approved by the department before return of the child to the home;. 5 (2) Any other adult person living in the home who has been 6 determined by the court to be addicted to or abusing controlled 7 substances or alcohol and whose conduct has contributed to the 8 parent’s addiction or abuse of controlled substances or alcohol 9 successfully must complete a treatment program approved by the 10 department before return of the child to the home; and. 11 (3) The parent or other adult, or both, identified in item (2) 12 must submit to random testing for substance abuse and must be 13 alcohol or drug free for a period of time to be determined by the 14 court before return of the child. The parent or other adult 15 identified in item (2) must continue random testing for substance 16 abuse and must be alcohol or drug free for a period of time to be 17 determined by the court after return of the child before the case 18 will be authorized closed. 19 (B) Results of tests ordered pursuant to this section must be 20 submitted to the department division and are admissible only in 21 family court proceedings brought by the department division.” 22 SECTION 14. Section 20-7-2725(A)(4)(c) of the 1976 Code 23 is amended to read: 24 “(c) the person has completed successfully an alcohol or drug 25 assessment and treatment program provided by the South Carolina 26 Department Division of Alcohol and Other Drug Abuse Services 27 or an equivalent program designated by that agency. 28 A person who has been convicted of a first-offense violation of 29 Section 56-5-2930 must not drive a motor vehicle or provide 30 transportation while in the official course of his duties as an 31 employee of a childcare center, group childcare home, family 32 childcare home, or church or religious childcare center.” 33 SECTION 15. Article 23, Chapter 7, Title 20 of the 1976 34 Code is amended to read: 35 “Article 23 36 Division of Continuum of Care for Emotionally Disturbed 37 Children 38 Section 20-7-5610. It is the purpose of this article to develop and 39 enhance the delivery of services to severely emotionally disturbed 40 children and youth and to ensure that the special needs of this 41 population are met appropriately to the extent possible within this 42 State. To achieve this objective, the Division of Continuum of 43 Care for Emotionally Disturbed Children Division is established in
1 [80-98] 1 the office of the Governor Department of Behavioral Services. 2 This article supplements and does not supplant existing services 3 provided to this population. 4 Section 20-7-5640. (A)(1) The Division of Continuum of Care 5 serves children: 6 (a) who have been diagnosed as severely emotionally 7 disturbed; 8 (b) who have exhausted existing available treatment 9 resources or services; or 10 (c) whose severity of emotional, mental, or behavioral 11 disturbance requires a comprehensive and organized system of 12 care. 13 (2) Priority in the selection of clients must be based on 14 criteria to be established by the Division of Continuum of Care. 15 (B) Before a court refers a child to the Division of Continuum 16 of Care, it must be given the opportunity to evaluate the child and 17 make a recommendation to the court regarding: 18 (1) the child’s suitability for placement with the Division of 19 Continuum of Care pursuant to the provisions of this article, 20 related regulations, and policies and procedures of administration 21 and operation; 22 (2) the agencies which offer services most appropriate to 23 meet the child’s needs and the proportionate share of the costs 24 among the agencies to meet those needs; and 25 (3) the necessity of obtaining other services for the child if 26 the services provided in item (2) are not available through the 27 existing service delivery system. 28 Section 20-7-5650. The Division of Continuum of Care shall 29 perform the following duties and functions: 30 (1) identify needs and develop plans to address the needs of 31 severely emotionally disturbed children and youth; 32 (2) coordinate planning, training, and service delivery among 33 public and private organizations which provide services to severely 34 emotionally disturbed children and youth; 35 (3)(a) augment existing resources by providing or procuring 36 services to complete the range of services needed to serve this 37 population in the least restrictive, most appropriate setting. The 38 scope of services includes, but is not limited to: 39 1.(i) in-home treatment programs; 40 2.(ii) residential treatment programs; 41 3.(iii) education services; 42 4.(iv) counseling services; 43 5.(v) outreach services; and
1 [80-99] 1 6.(vi) volunteer and community services.; 2 (b) provide needed services until they can be procured; 3 (4) provide case management services directly; and 4 (5) supervise and administer the development and operation of 5 its activities and services on a statewide regional basis. 6 Section 20-7-5655. (A) Records, reports, applications, and files 7 kept on any client or potential client of the Division of Continuum 8 of Care are confidential and only may be disclosed in order to 9 develop or provide appropriate services for the client or potential 10 client unless: 11 (1) the client or potential client or his guardian consents; 12 (2) a court orders the disclosure for conduct of proceedings 13 before it upon a showing that disclosure is in the public interest; 14 (3) disclosure is necessary for research conducted or 15 authorized by the Division of Continuum of Care; or 16 (4) disclosure is necessary to any entity or state agency 17 providing or potentially providing services to the client or potential 18 client. 19 (B) Nothing in this section: 20 (1) precludes prohibits disclosure, upon proper inquiry, of 21 information as to a client’s or potential client’s current condition to 22 members of his family; or 23 (2) requires the release of records of which disclosure is 24 prohibited or regulated by federal law. 25 (C) A person who violates this section is guilty of a 26 misdemeanor and, upon conviction, must be fined not more than 27 five hundred dollars or imprisoned not more than one year, or 28 both. 29 Section 20-7-5660. The Governor Secretary of the Department 30 of Behavioral Health Services may employ a director Division 31 Chief to serve at his pleasure who is subject to removal pursuant to 32 the provisions of Section 1-3-240. The director Division Chief 33 shall employ staff necessary to carry out the provisions of this 34 article. The funds for the director Division Chief, staff, and other 35 purposes of the Division of Continuum of Care Division must be 36 provided in the annual general appropriations act. The division 37 shall promulgate regulations in accordance with this article and the 38 provisions of the Administrative Procedures Act and formulate 39 necessary policies and procedures of administration and operation 40 to carry out effectively the objectives of this article. 41 Section 20-7-5670. The Division of Continuum of Care Division 42 shall submit an annual report to the Governor and General 43 Assembly on its activities and recommendations for changes and
1 [80-100] 1 improvements in the delivery of services by public agencies 2 serving children.” 3 SECTION 16. Section 20-7-5710 of the 1976 Code is 4 amended to read: 5 “Section 20-7-5710. There is established the Interagency 6 System for Caring for Emotionally Disturbed Children, an 7 integrated system of care to be developed by the Division of 8 Continuum of Care, Department of Behavioral Health Services, for 9 Emotionally Disturbed Children of the Governor’s Office, the 10 Department of Disabilities and Special Needs, the State 11 Department of Health and Human Services Finance Commission 12 Oversight and Finance, the Department Division of Mental Health, 13 Department of Behavioral Health Services, and the Department of 14 Social Services to be implemented by November 1, 1994. The 15 goal of the system is to implement South Carolina’s Families First 16 Policy and to support children in a manner that enables them to 17 function in a community setting. The system shall provide 18 assessment and evaluation procedures to insure a proper service 19 plan and placement for each child. This system must have as a key 20 component the clear identification of the agency accountable for 21 monitoring on a regular basis each child’s care plan and 22 procedures to evaluate and certify the programs offered by 23 providers.” 24 SECTION 17. Section 20-7-5910(A) of the 1976 Code is 25 amended to read: 26 “(A) There is created a multi-disciplinary State Child Fatality 27 Advisory Committee composed of: 28 (1) the Commissioner Director of the South Carolina 29 Department of Social Services; 30 (2) the Commissioner of the South Carolina Department of 31 Health and Environmental Control; 32 (3) the State Superintendent of Education; 33 (4) the Executive Director of the South Carolina Criminal 34 Justice Academy; 35 (5) the Chief of the State Law Enforcement Division; 36 (6) the Commissioner Division Chief of the South Carolina 37 Commission Division on of Alcohol and Other Drug Abuse, 38 Department of Behavioral Health Services; 39 (7) the Commissioner Division Chief of the State 40 Department Division of Mental Health, Department of Behavioral 41 Health Services; 42 (8) the Commissioner Director of the State Department of 43 Mental Retardation Disabilities and Special Needs;
1 [80-101] 1 (9) the Commissioner Director of the Department of Youth 2 Services Juvenile Justice; 3 (10) an attorney with experience in prosecuting crimes against 4 children; 5 (11) a county coroner or medical examiner; 6 (12) a pediatrician with experience in diagnosing and treating 7 child abuse and neglect, appointed from recommendations 8 submitted by the State Chapter of the American Academy of 9 Pediatrics; 10 (13) a solicitor; 11 (14) a forensic pathologist; and 12 (15) two members of the public at large, one of which must 13 represent a private nonprofit organization that advocates children 14 services.” 15 SECTION 18. Section 20-7-8515(D) of the 1976 Code is 16 amended to read: 17 “(D) Law enforcement information or records of children 18 created pursuant to the provisions of this article may be shared 19 among law enforcement agencies, solicitors’ offices, the Attorney 20 General, the department, the Department Division of Mental 21 Health in the Department of Behavioral Health Services, the 22 Department of Corrections, and the Department of Probation, 23 Parole and Pardon Services for criminal justice purposes without a 24 court order.” 25 SECTION 19. Section 20-7-9710(F) of the 1976 Code is 26 amended to read: 27 “(F) The chief executive officer of each of the following shall 28 serve as an ex officio nonvoting member: 29 (a) Department of Social Services or his designee; 30 (b) Department of Health and Environmental Control or his 31 designee; 32 (c) Department of Health and Human Services Oversight 33 and Finance or his designee; 34 (d) Department Division of Mental Health in the Department 35 of Behavioral Health Services or his designee; 36 (e) Department of Disabilities and Special Needs or his 37 designee; 38 (f) Department Division of Alcohol and Other Drug Abuse 39 Services in the Department of Behavioral Health Services or his 40 designee; 41 (g) Department of Transportation or his designee; 42 (h) Budget and Control Board, Division of Research and 43 Statistics or his designee; and
1 [80-102] 1 (i)State Board for Technical and Comprehensive Education.” 2 SECTION 20. Section 23-3-460 of the 1976 Code is amended 3 to read: 4 “Section 23-3-460. Any person required to register under this 5 article shall be required to register annually for life. For purposes 6 of this article, ‘annually’ means each year within thirty days after 7 the anniversary date of the offender’s last registration. The 8 offender shall register at the sheriff’s department in the county 9 where he resides. A person determined by a court to be a sexually 10 violent predator pursuant to state law is required to verify 11 registration and be photographed every ninety days by the sheriff’s 12 department in the county in which he resides unless the person is 13 committed to the custody of the State, whereby verification shall 14 be held in abeyance until his release. 15 If any person required to register under this article changes his 16 address within the same county, that person must send written 17 notice of the change of address to the county sheriff within ten 18 days of establishing the new residence. 19 If any person required to register under this article changes his 20 address into another county in South Carolina, the person must 21 register with the county sheriff in the new county within ten days 22 of establishing the new residence. The person must also provide 23 written notice within ten days of the change of address in the 24 previous county to the county sheriff with whom the person last 25 registered. 26 Any person required to register under this article and who is 27 employed by, enrolled at, or carries on a vocation at an institution 28 of higher education must provide written notice within ten days of 29 each change in enrollment, employment, or vocation status at an 30 institution of higher education in this State. For purposes of this 31 section: ‘employed and carries on a vocation’ means employment 32 that is full-time or part-time for a period of time exceeding 33 fourteen days or for an aggregate period of time exceeding thirty 34 days during any calendar year, whether financially compensated, 35 volunteered, or for the purpose of government or educational 36 benefit; and ‘student’ means a person who is enrolled on a 37 full-time or part-time basis, in any public or private educational 38 institution, including any secondary school, trade, professional 39 institution, or institution of higher education. 40 If any person required to register under this article moves 41 outside of South Carolina, the person must provide written notice 42 within ten days of the change of address to a new state to the 43 county sheriff with whom the person last registered.
1 [80-103] 1 Any person required to register under this article who moves to 2 South Carolina from another state and is not under the jurisdiction 3 of the Department of Corrections, the Department of Probation, 4 Parole and Pardon Services, or the Department of Juvenile Justice 5 at the time of moving to South Carolina must register within ten 6 days of establishing residence in this State. 7 The sheriff of the county in which the person resides must 8 forward all changes to any information provided by a person 9 required to register under this article to SLED within five business 10 days. 11 The South Carolina Department of Public Safety, Division of 12 Motor Vehicles, shall inform, in writing, any new resident who 13 applies for a driver’s license, chauffeur’s license, vehicle tag, or 14 state identification card of the obligation of sex offenders to 15 register. The department also shall inform, in writing, a person 16 renewing a driver’s license, chauffeur’s license, vehicle tag, or 17 state identification card of the requirement for sex offenders to 18 register.” 19 SECTION 21. Section 24-1-280 of the 1976 Code is amended 20 to read: 21 “Section 24-1-280. An employee of the South Carolina 22 Department of Corrections, the South Carolina Department of 23 Juvenile Justice, or the Department Division of Mental Health in 24 the Department of Behavioral Health Services, whose assigned 25 work location is one of the correctional facilities of the Department 26 of Corrections or the Department of Juvenile Justice, while 27 performing his officially assigned duty relating to the custody, 28 control, transportation, or recapture of an inmate within the 29 jurisdiction of his department, or an inmate of any jail, 30 penitentiary, prison, public work, chain gang, or overnight lockup 31 of the State or any political subdivision of it not within the 32 jurisdiction of his department, has the status of a peace officer 33 anywhere in the State in any matter relating to the custody, control, 34 transportation, or recapture of the inmate.” 35 SECTION 22. Section 24-3-110 of the 1976 Code is amended 36 to read: 37 “Section 24-3-110. The State Department of Corrections may 38 purchase the machinery and establish a plant for the purpose of 39 manufacturing motor vehicle license plates and metal road signs. 40 The charge for license plates and metal road signs sold to the 41 Department of Public Safety Motor Vehicles and the Department 42 of Transportation shall be in line with the prices previously paid 43 private manufacturers and all state motor vehicle license plates,
1 [80-104] 1 metal road signs, and other signs capable of being manufactured 2 by such a plant shall be purchased through the Department of 3 Corrections and manufactured by it. The Department of Public 4 Safety Motor Vehicles may prescribe the specifications of plates 5 and the Department of Transportation may prescribe the 6 specifications of signs used, the specifications to include colors, 7 quality, and quantity.” 8 SECTION 23. Article 19, Chapter 13, Title 24 of the 1976 9 Code is amended to read: 10 “Article 19 11 The Center for Alcohol and Drug Rehabilitation 12 Section 24-13-1910. There is established one or more centers 13 for alcohol and drug rehabilitation under the jurisdiction of the 14 Department of Corrections to treat and rehabilitate alcohol and 15 drug offenders. The Department Division of Alcohol and Other 16 Drug Abuse Services in the Department of Behavioral Health 17 Services has primary responsibility for the addictions treatment of 18 the offenders, and the Department of Corrections has primary 19 responsibility for the maintenance and security of the offenders. 20 The Department of Corrections may construct one or more centers 21 upon the necessary appropriation of funds by the General 22 Assembly. The centers established or constructed as authorized by 23 this section shall provide at least seven hundred-fifty beds. The 24 centers established under this section must be fully operational by 25 January 1, 1997. 26 Section 24-13-1920. The Department Division of Alcohol and 27 Other Drug Abuse Services shall establish a program to provide 28 alcohol and drug abuse intervention, prevention, and treatment 29 services for offenders sentenced to a center for alcohol and drug 30 rehabilitation established pursuant to Section 24-13-1910. The 31 Department Division of Alcohol and Other Drug Abuse Services 32 shall provide staff and support necessary to administer the 33 program. Funds for this program must be appropriated annually 34 by the General Assembly. 35 Section 24-13-1930. A judge may suspend a sentence for a 36 defendant convicted of a drug or alcohol offense for which 37 imprisonment of more than ninety days may be imposed or as a 38 revocation of probation and may place the offender in a center for 39 alcohol and drug rehabilitation. The Department of Corrections, 40 on the first day of each month, shall present to the general sessions 41 court a report detailing the availability of bed space in the center 42 for alcohol and drug rehabilitation.
1 [80-105] 1 Section 24-13-1940. For the Department of Corrections to 2 establish and maintain a center for alcohol and drug rehabilitation, 3 its director shall coordinate with the Department Division of 4 Alcohol and Other Drug Abuse Services to: 5 (1) develop policies and procedures for the operation of the 6 center for alcohol and drug rehabilitation; 7 (2) fund other management options advantageous to the State 8 including, but not limited to, contracting with public or nonpublic 9 entities for the management of a center for alcohol and drug 10 rehabilitation; 11 (3) lease buildings; 12 (4) develop standards for alcohol and drug abuse counseling 13 for offenders sentenced to a center for alcohol and drug 14 rehabilitation; and 15 (5) develop standards for disciplinary rules to be imposed on 16 residents of a center for alcohol and drug rehabilitation. 17 Section 24-13-1950. Upon release from a center for alcohol and 18 drug rehabilitation, the offender must be placed on probation for a 19 term as ordered by the court. Failure to comply with program 20 requirements may result in a request to the court to revoke the 21 suspended sentence. No person is ineligible for this program by 22 reason of gender.” 23 SECTION 24. Section 24-13-2140 of the 1976 Code is 24 amended to read: 25 “Section 24-13-2140. The Department of Corrections shall 26 coordinate the efforts of the affected state agencies through the 27 Program Services Administration. The Department of Corrections 28 shall: 29 (1) develop such policies and standards as may be necessary 30 for the provision of assessment, training, and referral services; 31 (2) obtain information from appropriate agencies and 32 organizations affiliated with the services to determine actions that 33 should be undertaken to create or modify these services; 34 (3) disseminate information about the services throughout the 35 State; 36 (4) provide information and assistance to other agencies, as 37 may be appropriate or necessary, to carry out the provisions of this 38 chapter; 39 (5) provide inmates of the Department of Corrections 40 information concerning post-release job training and employment 41 referral services and information concerning services that may be 42 available from the Department Division of Alcohol and Other 43 Drug Abuse Services, and the Department Division of Mental
1 [80-106] 1 Health, both in the Department of Behavioral Health Services, and 2 the Office of Veterans Affairs; 3 (6) prepare an annual report that will be submitted to the 4 directors of each agency that is a party to a memorandum of 5 understanding as provided for in Section 24-13-2120; and 6 (7) negotiate with Alston Wilkes Society and private sector 7 entities concerning the delivery of assistance or services to inmates 8 who are transitioning from incarceration to reentering their 9 communities.” 10 SECTION 25. Section 24-23-40 of the 1976 Code is amended 11 to read: 12 “Section 24-23-40. The community corrections plan shall 13 provide for the department’s: 14 (1) development, implementation, monitoring, and evaluation 15 of statewide policies, procedures, and agreements with state 16 agencies, such as the Department of Vocational Rehabilitation,; 17 and the Department Division of Mental Health, and the 18 Department Division of Alcohol and Other Drug Abuse Services, 19 both in the Department of Behavioral Health Services, for 20 purposes of coordination and referral of probationers, parolees, and 21 community supervision releasees for rehabilitation services; 22 (2) development of specific guidelines for the vigorous 23 monitoring of restitution orders and fines to increase the efficiency 24 of collection and development of a systematic reporting system so 25 as to notify the judiciary of restitution and fine payment failures on 26 a regular basis; 27 (3) development of a program development and evaluation 28 capability so that the department can monitor and evaluate the 29 effectiveness of the above programs as well as to conduct research 30 and special studies on such issues as probation, parole, and 31 community supervision outcomes, revocations, and recidivism; 32 and 33 (4) development of adequate training and staff development for 34 its employees.” 35 SECTION 26. Section 40-47-140(D) of the 1976 Code is 36 amended to read: 37 “(D) For the SPEX (Special Purpose) and COMVEX 38 examinations, the following standards apply: 39 An applicant for permanent licensure who has not passed 40 national boards, FLEX, SPEX, COMVEX, or been certified, 41 recertified, or awarded a certificate of added qualifications by a 42 specialty board recognized by the American Board of Medical 43 Specialties or the American Osteopathic Association within ten
1 [80-107] 1 years of the date of filing the application with this board shall pass 2 the SPEX or COMVEX exam. A passing score on the SPEX 3 examination is seventy-five or better. A passing score on the 4 COMVEX examination must be established by the testing agency. 5 This requirement is in addition to all other requirements for 6 licensure. The SPEX or COMVEX examination requirement does 7 not apply to a physician employed full time by the South Carolina 8 Department of Corrections, South Carolina Department of Health 9 and Environmental Control, State Department Division of Mental 10 Health in the Department of Behavioral Health Services, and 11 Department of Disabilities and Special Needs acting within the 12 scope of his employment. A license issued to this physician is 13 revoked immediately if he leaves the full-time employment or acts 14 outside his scope of employment. However, the SPEX or 15 COMVEX examination requirement applies to a physician 16 providing services under a contract for the State and a physician 17 providing services for which there is an expectation of payment, is 18 payment for services, or should have been payment from a source 19 other than the salary the physician receives from the State.” 20 SECTION 27. Section 40-55-90(A)(10) of the 1976 Code is 21 amended to read: 22 “(10) a South Carolina Department Division of Alcohol and 23 Other Drug Abuse Services employee who: 24 (a) holds a certification credential from the South Carolina 25 Association of Alcohol and Drug Abuse Counselors or is a 26 counselor in the process of obtaining such a credential who is 27 currently under the supervision of a South Carolina Association of 28 Alcohol and Drug Abuse Counselors’ certified counselor; 29 (b) is employed in a position that is directly or indirectly 30 funded through the South Carolina Department Division of 31 Alcohol and Other Drug Abuse Services or its local contract 32 providers; and 33 (c) provides services of a psychological nature within the 34 scope of his or her employment but does not in any way describe 35 himself or herself or his or her services by any title or description 36 which states or implies that he or she holds a license as otherwise 37 required by this chapter;” 38 SECTION 28. Section 40-75-290 of the 1976 Code is 39 amended to read: 40 “Section 40-75-290. This article does not apply to: 41 (1) salaried employees performing duties for which they were 42 trained and hired solely within a federal, state, county, or local: 43 (a) governmental agency;
1 [80-108] 1 (b) licensed mental health or alcohol or drug abuse facility; 2 (c) accredited academic institutions; 3 (d) licensed, formally accredited nonprofit agencies; or 4 (e) research institutions.; 5 (2) persons pursuing a course of study in a regionally 6 accredited educational or training facility as a formal part of a 7 process to obtain a license associated with this article, if the 8 services constitute a part of a supervised course of study; 9 (3) nonresidents, appropriately licensed or credentialed in their 10 home state, who offer services within this State, if these services 11 are performed for no more than five days a month, and no more 12 than thirty days in any calendar year; 13 (4) volunteers accountable to a sponsoring agency; 14 (5) qualified members of other professionals licensed in this 15 State including, but not limited to, attorneys, physicians, 16 psychologists, registered nurses, or social workers performing 17 duties consistent with the laws of this State, their training, and any 18 code of ethics of their profession if they do not represent 19 themselves as being licensed pursuant to this article; 20 (6) a minister, priest, rabbi, or clergy person of any religious 21 denomination or sect, when the activities are within the scope of 22 performance of his or her regular or specialized ministerial duties, 23 and no fee is received by him or her; or when these activities are 24 performed, with or without compensation, by a person under the 25 auspices or sponsorship of an established church, denomination, or 26 sect and when the person rendering services remains accountable 27 to the established authority and does not hold himself or herself 28 out to the public as possessing a license issued pursuant to this 29 article; 30 (7) members of peer groups or self-help groups when engaging 31 in or offering self-help assistance as part of peer support groups or 32 self-help organizations including, but not limited to, Alcoholics 33 Anonymous (AA) or Narcotics Anonymous (NA), AA or NA 34 sponsorship, or other uncompensated alcohol or other drug abuse 35 or dependent services; 36 (8) a person who holds a certification as an addictions 37 counselor from the South Carolina Association of Alcoholism and 38 Drug Abuse Counselor Certification Commission, the National 39 Association of Alcoholism and Drug Abuse Counselor 40 Certification Commission, or an International Certification 41 Reciprocity Consortium approved certification board may perform 42 alcohol and drug abuse counseling services if that person works 43 under the direct supervision of a behavioral health professional
1 [80-109] 1 who is employed in a position that is directly or indirectly funded 2 through the South Carolina Department Division of Alcohol and 3 Other Drug Abuse Services or its local contract provider programs; 4 and 5 (9) a person who holds a certification as an addictions 6 counselor from the South Carolina Association of Alcoholism and 7 Drug Abuse Counselor Certification Commission, the National 8 Association of Alcoholism and Drug Abuse Counselor 9 Certification, an International Certification Reciprocity 10 Commission approved certification board, the American Academy 11 of Health Care Providers in the Addictive Disorders, the National 12 Board for Certified Counselors, Inc., or any other equivalent, 13 nationally recognized, and South Carolina Department Division of 14 Alcohol and Other Drug Abuse Services approved association or 15 accrediting body that includes similar competency-based testing, 16 supervision, education, and substantial experience may perform 17 alcohol and drug abuse counseling services in a methadone 18 treatment facility. Persons employed in a methadone treatment 19 facility who lack credentialing may work under the supervision of 20 a credentialed counselor if the person is also enrolled in, and 21 progressing toward, a certification, as referenced in this item, and 22 may not represent or advertise himself as a licensed professional 23 counselor or a licensed marriage and family therapist.” 24 SECTION 29. Section 40-75-300 of the 1976 Code is 25 amended to read: 26 “Section 40-75-300. The board shall establish licensure for 27 alcohol and drug counselors consistent with regulations 28 promulgated by the department and the South Carolina Department 29 Division of Alcohol and Other Drug Abuse Services.” 30 SECTION 30. Section 42-1-480 of the 1976 Code is amended 31 to read: 32 “Section 42-1-480. Any inmate of the State Department of 33 Corrections, as defined in this section, in the performance of his 34 work in connection with the maintenance of the institution, any 35 Department vocational training program, or with any industry 36 maintained therein, or with any highway or public works activity 37 outside the institution, who suffers an injury for which 38 compensation is specifically prescribed in this Title, may, upon 39 being released from such institution either upon parole or upon 40 final discharge, be awarded and paid compensation under the 41 provisions of this Title. If death results from such injury, death 42 benefits shall be awarded and paid to the dependents of the inmate. 43 The time limit for filing a claim under this section shall be one
1 [80-110] 1 year from the date of death of the inmate or the date of his release 2 either by parole or final discharge, and no inmate shall be eligible 3 for benefits unless his injury is reported prior to his release from 4 custody of the Department. If any person who has been awarded 5 compensation under the provisions of this section shall be 6 recommitted to an institution covered by this section, such 7 compensation shall immediately cease, but may be resumed upon 8 subsequent parole or discharge. 9 For purposes of this section, the term ‘inmate’ includes any 10 person sentenced to the South Carolina Department of Corrections 11 and who is then in the jurisdiction of the Department, or any 12 person sentenced to the county public works who has been 13 transferred to the Department of Corrections for confinement. An 14 inmate who has been sentenced to the Department of Corrections 15 and who is temporarily transferred to the county public works, or 16 to any other South Carolina law-enforcement authority, or to 17 out-of-state authorities, is not considered to be in the ‘jurisdiction’ 18 of the South Carolina Department of Corrections for purposes of 19 this section. 20 This section shall not apply to patients of the South Carolina 21 Department Division of Mental Health in the Department of 22 Behavioral Health Services or those persons who are confined 23 within the jurisdiction of the county prisons, county jails, city jails, 24 or overnight lockups or to any inmate injured in a fight, riot, 25 recreational activity, or other incidents not directly related to his 26 work assignment.” 27 SECTION 31. Section 43-5-1185 of the 1976 Code is 28 amended to read: 29 “Section 43-5-1185. As a condition of eligibility for Family 30 Independence benefits, each adult recipient determined to be in 31 need of family skills by his Family Independence case manager, 32 and minor mother recipient must participate in a family skills 33 training program which must include, but is not limited to, 34 parenting skills, financial planning, and health information. 35 Whenever possible and practical, the department shall coordinate 36 with comparable staff of other state and local agencies in providing 37 these services. 38 This program must include an alcohol and other drug assessment 39 when it is determined by the department that an assessment is 40 appropriate. The department shall coordinate with the Department 41 Division of Alcohol and Other Drug Abuse Services in the 42 Department of Behavioral Health Services to provide the proper 43 assessment of the recipient and training of the department
1 [80-111] 1 personnel who are to conduct the assessment. If the recipient is 2 determined to be in need of alcohol and other drug abuse 3 treatment, the department shall coordinate the services with the 4 Department Division of Alcohol and Other Drug Abuse Services 5 and shall include the individually determined terms and conditions 6 of the treatment in the recipient’s agreement with the department. 7 This program must include a family planning assessment if it is 8 determined by the department that an assessment is appropriate. 9 The department shall coordinate with the Department of Health 10 and Environmental Control to provide the AFDC family with 11 education, evaluation, and counseling, consistent with Medicaid 12 regulations. State funds appropriated for family planning must not 13 be used to pay for an abortion.” 14 SECTION 32. Section 43-5-1190 of the 1976 Code is 15 amended to read: 16 “Section 43-5-1190. A Family Independence recipient who, 17 while receiving FI benefits, has been identified as requiring 18 alcohol and other drug abuse treatment service or who has been 19 convicted of an alcohol related offense or a controlled substance 20 violation or gives birth to a child with evidence of the effects of 21 maternal substance abuse and the child subsequently is shown to 22 have a confirmed positive test performed on a suitable specimen 23 within twenty-four hours of birth, is ineligible for FI assistance 24 unless the recipient submits to random drug tests and/or 25 participates in an alcohol or drug treatment program approved by 26 the Department Division of Alcohol and Other Drug Abuse 27 Services in the Department of Behavioral Health Services. Upon 28 completion of the program, if a subsequent random test or 29 subsequent conviction for a controlled substance violation occurs, 30 the recipient is ineligible for FI benefits. Benefits may be 31 reinstated at a later time upon reapplication, if the recipient first 32 undergoes a conciliation assessment, including review and/or 33 modification of the prescribed individual treatment program and 34 agreement, and then agrees to comply with its terms and 35 demonstrates compliance for a period of not less than sixty days. 36 Testing of a child’s specimen pursuant to this section must be 37 conducted by a medical laboratory certified by the College of 38 American Pathologists or the National Institute of Drug Abuse for 39 Forensic Urine Drug Testing.” 40 SECTION 33. Section 43-21-120 of the 1976 Code is 41 amended to read: 42 “Section 43-21-120. There is created the Coordinating Council 43 to the Division on Aging to work with the division on the
1 [80-112] 1 coordination of programs related to the field of aging, and to 2 advise and make pertinent recommendations, composed of the 3 following: the Director of the Department of Health and 4 Environmental Control, the State Director of Social Services, the 5 Director of the Department Division Chief of the Division of 6 Mental Health in the Department of Behavioral Health Services, 7 the Superintendent of Education, the Director of the State 8 Department of Labor, Licensing, and Regulation, the Executive 9 Director of the South Carolina State Employment Security 10 Commission, the Secretary of Commerce, the Commissioner of the 11 State Department of Vocational Rehabilitation, the Director of the 12 Clemson University Extension Service, the Director of the South 13 Carolina Department of Parks, Recreation and Tourism, the 14 Director of the South Carolina Retirement System, the Executive 15 Director of the South Carolina Municipal Association, the 16 Executive Director of the State Office of Economic Opportunity, 17 the Executive Director of the South Carolina Association of 18 Counties, the Commissioner of the Commission for the Blind, the 19 Director of the Department of Health and Human Services 20 Oversight and Finance, the Director of the Department Division 21 Chief of the Division of Alcohol and Other Drug Abuse Services 22 in the Department of Behavioral Health Services, and the 23 Chairperson of the Commission on Women. 24 The council shall meet at least once each six months and special 25 meetings may be called at the discretion of the chairman or upon 26 request of a majority of the members. 27 The chairman of the advisory commission and the director of the 28 Division on Aging, who shall serve as secretary to the council, 29 shall attend the meetings of the council. 30 The director of each agency or department making up the 31 council shall serve as chairman of the council for a term of one 32 year. The office of chairman is held in the order in which the 33 membership of the council is listed in this section.” 34 SECTION 34. A. Section 43-35-10(4) of the 1976 Code is 35 amended to read: 36 “(4) ‘Facility’ means a nursing care facility, community 37 residential care facility, a psychiatric hospital, or a facility 38 operated or contracted for operation by the State Department 39 Division of Mental Health in the Department of Behavioral Health 40 Services or the South Carolina Department of Mental Retardation 41 Disabilities and Special Needs.” 42 B. Section 43-35-310(A) of the 1976 Code is amended to read:
1 [80-113] 1 “(A) There is created the Adult Protection Coordinating Council 2 under the auspices of the State Department of Health and Human 3 Services Finance Commission Oversight and Finance and is 4 comprised of: 5 (1) one member from the institutional care service provision 6 system or a family member of a consumer of that system and one 7 member from the home and community-based service provision 8 system or a family member of a consumer of that system, both of 9 whom must be appointed by the Governor for terms of two years; 10 and 11 (2) these members who shall serve ex officio: 12 (a) Attorney General or a designee; 13 (b) Board of Long Term Health Care Administrators, 14 Executive Director, or a designee; 15 (c) State Board of Nursing for South Carolina, Executive 16 Director, or a designee; 17 (d) Commission on Aging, Executive Director, or a 18 designee; 19 (e) Criminal Justice Academy, Executive Director, or a 20 designee; 21 (f) South Carolina Department of Health and 22 Environmental Control, Commissioner, or a designee; 23 (g) State Department Division of Mental Health in the 24 Department of Behavioral Health Services, Commissioner 25 Division Chief, or a designee; 26 (h) South Carolina Department of Mental Retardation 27 Disabilities and Special Needs, Commissioner Director, or a 28 designee; 29 (i) Adult Protective Services Program, Director, or a 30 designee; 31 (j) Health and Human Services Finance Commission 32 Oversight and Finance, Executive Director, or a designee; 33 (k) Joint Legislative Committee on Aging, Chair, or a 34 designee; 35 (l) Police Chiefs’ Association, President, or a designee; 36 (m) Prosecution Coordination Commission, Executive 37 Director, or a designee; 38 (n) South Carolina Protection and Advocacy System for 39 the Handicapped, Inc., Executive Director, or a designee; 40 (o) South Carolina Sheriff’s Association, Executive 41 Director, or a designee; 42 (p) South Carolina Law Enforcement Division, Chief, or a 43 designee;
1 [80-114] 1 (q) Long Term Care Ombudsman or a designee; 2 (r) South Carolina Medical Association, Executive 3 Director, or a designee; 4 (s) South Carolina Health Care Association, Executive 5 Director, or a designee; 6 (t) South Carolina Home Care Association, Executive 7 Director, or a designee.” 8 SECTION 35. Section 44-7-210(F) of the 1976 Code is 9 amended to read: 10 “(F) The department may not issue a Certificate of Need 11 approval for a methadone treatment facility until licensure 12 standards are promulgated by the department, in accordance with 13 the Administrative Procedures Act, for these facilities. The 14 department shall convene a study group to revise and propose 15 licensure standards for methadone clinics. The study group shall 16 consist of representatives of the department, the Department 17 Division of Alcohol and Other Drug Abuse Services, methadone 18 providers in South Carolina, and the Medical University of South 19 Carolina. The licensure standards shall include standards for 20 location of these facilities within the community. Methadone 21 treatment facilities licensed as of January 1, 1997, must not be 22 required to obtain a Certificate of Need pursuant to this section.” 23 SECTION 36. Article 21, Chapter 7, Title 44 of the 1976 24 Code is amended to read: 25 “Article 21 26 Infants and Toddlers with Disabilities 27 Section 44-7-2510. This article may be cited as the ‘Infants and 28 Toddlers with Disabilities Act.’ 29 Section 44-7-2515. The purpose of this article is to provide early 30 intervention services to infants and toddlers with disabilities in 31 accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code 32 Annotated, contingent upon appropriation of federal funds for 33 Subchapter VIII. 34 Section 44-7-2520. As used in this article unless the context 35 otherwise requires: 36 (1) ‘Department Division of Babynet Services’ or ‘Division’ 37 means the Division of Babynet Services in the Department of 38 Disabilities and Special Needs and the Department of Disabilities 39 and Special Needs is the agency designated as lead agency by the 40 Governor by Executive Order pursuant to Subchapter VIII, 41 Chapter 33, Title 20, U. S. Code Annotated. 42 (2) ‘Infants and toddlers with disabilities’ means children from 43 birth through two years of age in need of early intervention
1 [80-115] 1 services due to measurable delays in cognitive development, 2 physical development, communication, psychosocial development, 3 or self-help skills, or due to a diagnosed physical or mental 4 condition that has a high probability of resulting in developmental 5 delay. 6 (3) ‘Early intervention services’ are services designed to meet 7 the developmental needs of infants and toddlers with disabilities, 8 provided in conformity with an individualized family service plan 9 under public supervision by qualified personnel. They include, but 10 are not limited to, family training, counseling and home visits, 11 special instruction, speech pathology and audiology, occupational 12 therapy, physical therapy, psychological services, service 13 coordination, medical services only for diagnostic or evaluation 14 purposes, early identification, screening and assessment services, 15 health services necessary to enable the infant or toddler to benefit 16 from the other early intervention services, and transportation 17 services. 18 (4) ‘Council’ means the State Interagency Coordinating 19 Council which must be established in conformance with federal 20 regulations. 21 Section 44-7-2530. (A) The department The Division of Babynet 22 Services must: 23 (1) monitor programs and activities to ensure compliance 24 with federal law and regulations; 25 (2) identify, facilitate, and coordinate all available resources 26 within the State from federal, state, local, and private sources; 27 (3) develop procedures to ensure that services are provided 28 to infants and toddlers with disabilities and their families in a 29 timely manner pending the resolution of disputes among public 30 agencies or service providers; 31 (4) develop procedures to ensure resolution of intraagency 32 and interagency disputes; and 33 (5) develop formal interagency agreements that, consistent 34 with state law, define the financial responsibility of each agency 35 for paying for early intervention services and procedures for 36 resolving disputes. 37 (B) To ensure that all eligible infants and toddlers receive 38 services, pending resolution of any dispute the department division 39 shall assign financial responsibility among agencies providing 40 early intervention services. 41 (C) All publicly funded agencies shall continue to provide all 42 services within their respective statutory responsibility to eligible 43 infants and toddlers with disabilities.
1 [80-116] 1 Section 44-7-2540. (A) The State Interagency Coordinating 2 Council shall advise and assist the department the Division of 3 Babynet Services in developing a comprehensive interagency 4 system to provide early intervention services for all eligible infants 5 and toddlers with disabilities and their families. 6 (B) The comprehensive interagency system must implement: 7 (1) a timely, comprehensive, multidisciplinary assessment of 8 the functioning of each infant and toddler with disabilities in the 9 State, including the needs of their families relating to enhancing 10 the child’s development; 11 (2) a written individualized family service plan for each 12 eligible infant or toddler with a disability; 13 (3) a comprehensive method of identifying infants and 14 toddlers with disabilities; 15 (4) a public awareness program focusing on early 16 identification of infants and toddlers with disabilities; 17 (5) access to a central directory which includes early 18 intervention services, resources, and experts available in the State; 19 (6) a comprehensive system of personnel development for 20 those who serve eligible infants and toddlers with disabilities; 21 (7) formal interagency agreements which: 22 (a) define the responsibility of each agency for providing 23 and paying for early intervention services; 24 (b) coordinate programs so as to permit children and their 25 families to move easily among agencies in the system; 26 (c) adopt uniform program, health, and safety standards; 27 and 28 (d) contain procedures for resolving disputes; 29 (8) procedural safeguards as required by federal and state 30 law; and 31 (9) a method for compiling data on the number of infants 32 and toddlers with disabilities in the State in need of early 33 intervention services, the number served, the types of disabilities, 34 the types of services provided, and other information required by 35 the federal government or needed to deliver services effectively. 36 (C) Early intervention services must be available through the 37 comprehensive interagency system and provided by appropriate 38 state agencies in accordance with time requirements of Subchapter 39 VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the 40 individual family service plan for each eligible infant or toddler. 41 Section 44-7-2550. The department Division of Babynet 42 Services shall promulgate regulations necessary to carry out the 43 purposes of this article. Through regulation or interagency
1 [80-117] 1 agreement, when appropriate, the department division may 2 develop standards addressing the coordination and provision of 3 early intervention services, including personnel qualifications and 4 health, safety, and program standards for the facilities where the 5 services are offered. 6 Section 44-7-2560. (A) Based on the assessment provided for in 7 Section 44-7-2540, an individualized family service plan must be 8 developed by a multidisciplinary team of appropriate qualified 9 personnel which also must include the parent, guardian, or other 10 adult responsible for the child. The family also may choose an 11 advocate to be present during the development of the plan. The 12 plan must be written and explained in easily understandable 13 language and must contain: 14 (1) a statement of the present levels of physical, cognitive, 15 psychosocial, communication, and self-help skill development for 16 the infant or toddler with disabilities; 17 (2) a statement of the health status and medical needs of the 18 child and family to support the highest possible development of the 19 child, including the names of the health care providers; 20 (3) with concurrence of the family, a statement of the 21 family’s resources relating to enhancing the child’s development; 22 (4) a statement of the major outcomes expected to be 23 achieved for the child and the family and the methods used to 24 measure progress toward the outcomes; 25 (5) a statement of specific early intervention services 26 necessary to meet the needs of the child and family, including the 27 frequency, intensity, and method of delivering services and 28 payment arrangement, if any; 29 (6) the projected dates for initiation of services and the 30 anticipated duration of services; 31 (7) the name of the service coordinator. The service 32 coordinator is responsible for the implementation of the plan and 33 coordination with other agencies and persons; and 34 (8) the steps necessary to support transition of the child to 35 other programs, if appropriate. 36 (B) The individualized family service plan must be developed 37 within the time established by the department Division of Babynet 38 Services after the child initially is referred and after the assessment 39 is completed. With the parent’s consent early intervention services 40 may begin before completion of the assessment or plan, provided 41 an interim plan is developed. The plan serves as the 42 comprehensive plan for all agencies involved in providing early 43 intervention services to the child and family. Services must be
1 [80-118] 1 provided in a timely manner, as established by the department 2 division, pending resolution of disputes among public agencies or 3 service providers. The plan must be evaluated at least once a year 4 and reviewed with the family at three-month intervals or more 5 frequently, if appropriate. 6 Section 44-7-2570. (A) Families must not be charged for early 7 intervention services provided pursuant to this article. 8 (B) Nothing in this section relieves public or private insurance 9 programs, or other persons or agencies required by law to provide 10 or pay for early intervention services, from their financial or legal 11 responsibilities. 12 (C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. 13 Code Annotated, all financial resources from federal, state, local, 14 and private sources must be coordinated to fund early intervention 15 services. A joint funding plan must be submitted by the 16 department Division of Babynet to the Joint Legislative Committee 17 on Children Director of the Department of Disabilities and Special 18 Needs on or before August first of each year. The individual 19 components of the plan as they relate to individual agencies must 20 be incorporated annually into each affected agency’s budget 21 request. 22 Section 44-7-2590. All information and reports related to 23 children and families obtained pursuant to this article are 24 confidential as provided in Subchapter VIII, Chapter 33, Title 20, 25 U.S. Code Annotated. A person who disseminates or permits the 26 unauthorized dissemination of the information or reports is guilty 27 of a misdemeanor and, upon conviction, must be fined not more 28 than one hundred dollars or imprisoned not more than thirty days, 29 or both. 30 Section 44-7-2600. By August first of each year the department 31 Division of Babynet shall submit an annual report to the Joint 32 Legislative Committee on Children Director of the Department of 33 Disabilities and Special Needs regarding the status of the 34 comprehensive interagency system, including new and existing 35 resources and gaps in services. 36 Section 44-7-2610. (A) County or multicounty local 37 interagency coordinating councils (ICC) representing each county 38 in the State must be established. Membership on each council 39 must consist of parents, providers, local agencies, and government 40 agencies. 41 (B) The function of the local ICC will be to advise and assist 42 the state council and the department Division of Babynet Services
1 [80-119] 1 in planning and implementing a system of early intervention 2 services at the local community level. 3 (C) Each local ICC shall report to the state council on the status 4 of early intervention services in its county. 5 (D) With prior approval by the department division and the 6 state council, local ICC’s may enter into local interagency 7 agreements. Local ICC’s may give advice and assistance to local 8 early intervention projects. No member of a local ICC may vote 9 on a matter which directly would benefit the member financially or 10 otherwise appear to be a conflict of interest under state law.” 11 SECTION 37. Chapter 9, Title 44 of the 1976 Code is 12 amended to read: 13 “CHAPTER 9 14 State Department Division of Mental Health 15 Section 44-9-10. There is hereby created the State Department 16 Division of Mental Health in the Department of Behavioral Health 17 Services which shall have jurisdiction over all of the State’s state’s 18 mental hospitals, clinics, and centers, joint State state and 19 community sponsored mental health clinics and centers and 20 facilities for the treatment and care of alcohol and drug addicts, 21 including the authority to name each facility. 22 Section 44-9-20. All the powers and duties vested in the South 23 Carolina Mental Health Commission immediately prior to March 24 26, 1964 are hereby transferred to and vested in the Department 25 Division of Mental Health. All records, files and other papers 26 belonging to the South Carolina Mental Health Commission shall 27 be continued as part of the records and files of the Department 28 Division of Mental Health. 29 Section 44-9-30. (A)(1) There is created the governing advisory 30 board for the State Department Division of Mental Health known 31 as the South Carolina Mental Health Commission Advisory Board. 32 The commission advisory board consists of seven members 33 appointed by the Governor, upon the advice and consent of the 34 Senate, as follows: 35 (a) one member from each of the six congressional 36 districts; and 37 (b) one member from the State at large. 38 (2) The Governor shall consider consumer and family 39 representation when appointing members. 40 (B) The members serve for terms of five years and until their 41 successors are appointed and qualify. The terms of no more than 42 two members may expire in one year. The Governor may remove 43 a member pursuant to the provisions of Section 1-3-240(B). A
1 [80-120] 1 vacancy must be filled by the Governor for the unexpired portion 2 of the term. 3 (C) The commission shall determine advisory board shall 4 advise the division regarding policies and promulgate regulations 5 governing the operation of the Department division and the 6 employment of professional and staff personnel. 7 (D) The members shall receive the same subsistence, mileage, 8 and per diem provided by law for members of state boards, 9 committees, and commissions. 10 Section 44-9-40. The Mental Health Commission Secretary of 11 the Department of Behavioral Health Services shall appoint and 12 remove a State Director of Mental Health Division Chief, who is 13 the chief executive of the State Department Division of Mental 14 Health. Subject to the supervision and control of the Mental 15 Health Commission Secretary of the Department of Behavioral 16 Health Services, the state director Division Chief shall administer 17 the policies and regulations established by the commission of the 18 division. The director Division Chief must be a person of proven 19 executive and administrative ability with appropriate education 20 and substantial experience in the field of mental illness treatment. 21 The director Division Chief must appoint and remove all other 22 officers and employees of the Department Division of Mental 23 Health, subject to the approval of the Mental Health Commission 24 Secretary of the Department of Behavioral Services. 25 Section 44-9-50. The Department Division of Mental Health 26 may be divided into such divisions as may be authorized by the 27 Director of Mental Health and approved by the commission 28 subdivision areas. These divisions subdivision areas may be 29 headed by deputy commissioners directors, as determined by the 30 Division Chief and approved by the Secretary of the Department of 31 Behavioral Health Services, but any deputy commissioner director 32 heading a medical division must be a medical doctor duly licensed 33 in South Carolina. One of the divisions program areas shall be a 34 Division on the Alcohol and Drug Addiction Program which shall 35 have primary responsibility in the State for treatment of alcohol 36 and drug addicts. One of the divisions program areas shall be a 37 Division for the Long-Term Care Program which shall have 38 primary responsibility for care and treatment of elderly persons 39 who are mentally and physically handicapped to the extent that 40 their needs are not met in other facilities either public or private. 41 Section 44-9-60. The Director Division Chief of the Department 42 Division of Mental Health may appoint a superintendent of each 43 hospital, with the approval of the Mental Health Commission.
1 [80-121] 1 Each superintendent shall be knowledgeable in the treatment of the 2 mentally ill and in hospital administration. The superintendent of 3 each institution under the jurisdiction of the Department Division 4 of Mental Health shall be responsible for the employment of all 5 personnel at the institution, subject to the approval of the director 6 of the department Division Chief of the division. The director 7 Division Chief may serve as superintendent of one or more 8 hospitals or other mental health facilities. 9 Section 44-9-70. The State Department Division of Mental 10 Health is hereby designated as the State’s state’s mental health 11 authority for purposes of administering Federal funds allotted to 12 South Carolina under the provisions of the National Mental Health 13 Act, as amended. The State Department Division of Mental Health 14 is further designated as the State state agency authorized to 15 administer minimum standards and requirements for mental health 16 clinics as conditions for participation in Federal-State federal-state 17 grants-in-aid under the provisions of the National Mental Health 18 Act, as amended, and is authorized to promote and develop 19 community mental health outpatient clinics. Provided, that 20 However, nothing in this article shall be construed to prohibit the 21 operation of outpatient mental health clinics by the South Carolina 22 Medical College Hospital in Charleston. Provided, further, that 23 nothing Nothing herein shall be construed to include any of the 24 functions or responsibilities now granted the Department of Health 25 and Environmental Control, or the administration of the State 26 Hospital Construction Act (Hill-Burton Act), as provided in the 27 1976 Code and amendments thereto. 28 Section 44-9-80. Payments made to a mental health facility 29 which are derived in whole or in part from Federal federal funds 30 which become available after June 30, 1967, and which are 31 provided with the stipulation that they be used to improve services 32 to patients shall not be considered fees from paying patients under 33 the terms of Act No. 1100 of 1964 but may be utilized by the State 34 Department Division of Mental Health to improve South 35 Carolina’s comprehensive mental health program. 36 Section 44-9-90. The Commission Division of Mental Health 37 shall have the following rights, powers and duties: 38 (1) It shall form a body corporate in deed and in law with all 39 the powers incident to corporations; 40 (21) It shall cooperate with persons in charge of penal 41 institutions in this State for the purpose of providing proper care 42 and treatment for mental patients confined therein because of 43 emergency;
1 [80-122] 1 (32) It shall inaugurate and maintain an appropriate mental 2 health education and public relations program; 3 (43) It shall collect statistics bearing on mental illness, drug 4 addiction, and alcoholism, as well as study the cause, pathology, 5 and prevention of mental defects and diseases; 6 (54) It shall provide moral and vocational training and medical 7 and surgical treatment which will tend to the mental and physical 8 betterment of patients and which is designed to lessen the increase 9 of mental illness, mental defectiveness, epilepsy, drug addiction, 10 and alcoholism; and 11 (65) It shall encourage the superintendents of institutions and 12 their medical staffs in the investigation and study of these subjects 13 and of mental hygiene in general; and 14 (76) It shall provide a statewide system for the delivery of 15 mental health services to treat, care for, reduce, and prevent mental 16 illness and provide mental health services in the areas of mental 17 defectiveness, epilepsy, drug addiction, and alcoholism for citizens 18 of this State, whether or not in an institution. The system shall 19 include services to prevent or postpone the commitment or 20 recommitment of citizens to mental health institutions. 21 Section 44-9-100. The commission Division of Mental Health 22 may: 23 (1) prescribe the form of and information to be contained in 24 applications, records, reports, and medical certificates provided for 25 under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 26 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, 27 and Chapter 52; 28 (2) require reports from the superintendent of an institution 29 relating to the admission, examination, diagnosis, discharge, or 30 conditional discharge of a patient; 31 (3) investigate complaints made by a patient or by a person on 32 behalf of a patient; 33 (4) adopt regulations not inconsistent with this chapter, 34 Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, 35 Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as 36 it may find to be reasonably necessary for the government of all 37 institutions over which it has authority and of state mental health 38 facilities and the proper and efficient institutionalization of the 39 mentally ill, psychotic senile, drug addicted, or alcoholic; and 40 (5) take appropriate action to initiate and develop relationships 41 and agreements with state, local, federal, and private agencies, 42 hospitals, and clinics as it considers necessary to increase and
1 [80-123] 1 enhance the accessibility and delivery of emergency and all other 2 types of mental health services. 3 Section 44-9-110. The Mental Health Commission may accept 4 on behalf of the Department Division of Mental Health may accept 5 on its own behalf or on behalf of any of its facilities or services, 6 gifts, bequests, devises, grants, donations of money, or real and 7 personal property of whatever kind, but no such gift or grant shall 8 be accepted upon the condition that it shall diminish an obligation 9 due the Department division. The Commission division may 10 refuse to accept any such gift or grant and the acceptance of any 11 such gift or grant shall not incur any obligation on the part of the 12 State. Any gift or grant given to a specific facility or service shall 13 be used for that facility or service only, or to its successor. The 14 Commission division may promulgate rules and regulations 15 governing the disposition of such gifts and grants. 16 Section 44-9-120. With the approval of the Secretary of the 17 Department of Behavioral Health Services, The Commission the 18 Division of Mental Health shall submit an annual report to the 19 Governor before the eleventh day of January of each year setting 20 forth its activities, the financial affairs, and the state and condition 21 of the State state mental health facilities and any other statistical 22 information which is usually required of facilities of the type over 23 which it has charge. The report shall include any 24 recommendations which in the opinion of the Commission division 25 will improve the mental health program services of the State. A 26 copy of the report shall also be submitted to the General Assembly. 27 Section 44-9-160. Wherever in the 1976 Code reference is 28 made to the State Hospital, it shall mean means a state hospital; 29 wherever reference is made requiring the signature of the 30 superintendent of any mental health facility, it shall mean means 31 the superintendent or his designee; wherever reference is made to 32 the Department of Mental Health, it means the Division of Mental 33 Health in the Department of Behavioral Health Services; and 34 wherever reference is made to the State Commissioner of Mental 35 Health, it shall mean means the State Director Division Chief of 36 the Department Division of Mental Health.” 37 SECTION 38. Section 44-11-10 of the 1976 Code is amended 38 to read: 39 “Section 44-11-10. The following facilities shall continue in 40 existence and shall be maintained for the following purposes: 41 (1) those inpatient facilities as authorized by the Department 42 Division of Mental Health in the Department of Behavioral Health 43 Services and funded by legislative appropriations, including
1 [80-124] 1 facilities for the evaluation and treatment of mentally ill persons, 2 and facilities for the evaluation and treatment of chemically 3 dependent persons, and long-term care facilities; and 4 (2) the mental health clinics for the diagnosis, treatment, and 5 prevention of mental illness.” 6 SECTION 39. Section 44-11-30 of the 1976 Code is amended 7 to read: 8 “Section 44-11-30. The South Carolina Division of Mental 9 Health Commission in the Department of Behavioral Health 10 Services, in mutual agreement with the authorities of the United 11 States Veterans Administration, may establish South Carolina 12 veterans homes to be located on grounds owned by the Department 13 Division of Mental Health. The purpose of these homes is to 14 provide treatment for South Carolina veterans who are mentally ill 15 or whose physical condition requires long-term nursing care. 16 Admission requirements to these homes are the same as any other 17 facility operated by the department division except that the patients 18 at these facilities must be South Carolina veterans. The South 19 Carolina Division of Mental Health Commission in the 20 Department of Behavioral Health Services is designated as the 21 agency of the State to apply for and to accept gifts, grants, and 22 other contributions from the federal government or from any other 23 governmental unit for the operation and construction of South 24 Carolina veterans homes. The South Carolina Division of Mental 25 Health Commission in the Department of Behavioral Health 26 Services shall consult with the Division of Veterans Affairs, Office 27 of the Governor, concerning the policies, management, and 28 operation of the South Carolina veterans homes. “ 29 SECTION 40. Section 44-11-60 of the 1976 Code is amended 30 to read: 31 “Section 44-11-60. The Division of Mental Health Commission 32 shall establish mental health clinics throughout the State and shall 33 supervise them.” 34 SECTION 41. Section 44-11-70 of the 1976 Code is amended 35 to read: 36 “Section 44-11-70. The Division of Mental Health Commission 37 may authorize the superintendents to employ suitable persons to 38 act as marshals to keep intruders off and prevent trespass upon 39 state mental health facilities. The marshals employed, in so far as 40 State state mental health facilities are concerned, shall be vested 41 with all the powers and charged with all the duties of police 42 officers generally. They may eject trespassers. They may without 43 warrant arrest persons guilty of disorderly conduct or of trespass
1 [80-125] 1 on State state mental health facilities and have them tried in any 2 court of competent jurisdiction.” 3 SECTION 42. Section 44-11-80 of the 1976 Code is amended 4 to read: 5 “Section 44-11-80. The Division of Mental Health Commission 6 shall fix the amount of the salaries or emoluments of all officers 7 and employees of its State state mental health facilities.” 8 SECTION 43. Chapter 13, Title 44 of the 1976 Code is 9 amended to read: 10 “CHAPTER 13 11 Admission, Detention and Removal of Patients at State Mental 12 Health Facilities 13 Section 44-13-10. Pending his removal to a State state mental 14 health facility an individual taken into custody or ordered to be 15 admitted may be temporarily detained in his home, a licensed 16 foster home, or any other suitable facility under such reasonable 17 conditions as the county governing body, supervisor, or manager 18 may fix, but he shall not, except because of and during an extreme 19 emergency, be detained in a nonmedical establishment used for the 20 detention of individuals charged with or convicted of penal 21 offenses. The county governing body, supervisor, or manager 22 shall take such reasonable measures, including provision of 23 medical care, as may be necessary to assure proper care of an 24 individual temporarily detained under this section. 25 Section 44-13-20. Any individual, legally a resident of this 26 State, ordered to be admitted to any mental health facility under 27 the laws of any other state, may be admitted, upon satisfactory 28 proof of residence, to care and treatment in any State state mental 29 health facility of this State. The orders of any court of competent 30 jurisdiction of another state or of the District of Columbia 31 authorizing admittance of such individual to a mental health 32 facility shall have the same force and effect upon his transfer to 33 this State as a lawful order of any court of competent jurisdiction 34 in this State. A certified copy of such order shall be furnished the 35 Department Division of Mental Health in the Department of 36 Behavioral Health Services prior to the issuance by the Department 37 Division of Mental Health of any authorization of transfer of such 38 patient. Jurisdiction in all further matters relating to such mentally 39 ill person shall vest in the judge of probate of the county in which 40 the mental health facility, to which such person is admitted, is 41 located, during his confinement therein, or the judge of probate of 42 the county in which he is legally resident.
1 [80-126] 1 Section 44-13-30. Unless he was admitted pursuant to the 2 Interstate Compact on Mental Health as set out in Section 3 44-25-20 or a supplementary agreement thereto, if any person 4 admitted to a State state mental health facility is not a citizen of 5 this State, the superintendent of the facility concerned shall 6 immediately notify the Department Division of Mental Health, and 7 the Department Division of Mental Health shall notify the mental 8 health commission or other appropriate agency of the state of 9 which the patient or trainee is a citizen. If the state of his 10 citizenship fails to provide for his removal within a reasonable 11 time, the Department Division of Mental Health shall cause him to 12 be delivered to the officials authorized by law to care for similar 13 persons pending their commitment to state institutions of the state 14 of his citizenship. The cost of these proceedings and conveyance 15 from this State shall be borne by this State under reciprocity 16 agreements made by the Department Division of Mental Health 17 with the mental health authorities of other states. In entering upon 18 such reciprocal agreements with other states, the Department 19 Division of Mental Health shall provide that the requirements 20 necessary to gain residence in this State shall not be less than those 21 required for the acquisition of residence in the other contracting 22 state. The Department Division of Mental Health may, however, 23 in cases of undue hardship waive the requirements of residence, 24 for cause. 25 Section 44-13-40. If any person admitted to a State state mental 26 health facility is not a citizen of the United States, the 27 superintendent of the facility concerned shall immediately notify 28 the Department Division of Mental Health of the name of the 29 person and all ascertainable information as to race, nativity, date of 30 last arrival in the United States, the name of the vessel on which he 31 arrived, the port at which he landed, and the name of the 32 transporting company. The Department Division of Mental Health 33 shall transmit this information to the appropriate United States 34 authorities and shall continue to provide care and treatment for the 35 patient or trainee pending arrangements for his deportation. 36 Section 44-13-50. If a mentally ill patient from an out-of-State 37 out-of-state mental health facility is found to be in this State 38 without permission and upon satisfactory identification of the 39 patient and the request of such facility that the patient be returned, 40 he may be taken into custody by proper public officials and 41 transported directly to the out-of-State out-of-state facility or may 42 be detained in a State state mental health facility until such time as 43 transportation arrangements can be made or the patient’s health
1 [80-127] 1 will permit his return. The state requesting the return of the patient 2 shall pay all costs of, and incidental to, the transportation and 3 detention of the patient. 4 Section 44-13-60. The Department Division of Mental Health 5 shall investigate the case of each patient or trainee in a State 6 mental health facility who is simply mentally or physically infirm 7 or who is a harmless mental defective or harmless epileptic. 8 When, in the opinion of the Department Division of Mental 9 Health, the family, guardian, trustee, committee, or other person 10 legally responsible for the person is financially able to provide for 11 his care, it shall, when in the opinion of the Department Division 12 of Mental Health this is advisable, transfer the patient or trainee to 13 the custody of that person. If all persons legally responsible for 14 the patient or trainee are financially unable to provide for his care, 15 the Department Division of Mental Health shall, when practicable, 16 transfer the custody of the person to the county health authorities 17 of the county of which the patient or trainee was a resident prior to 18 admittance. 19 Section 44-13-70. The judge of probate in each county shall 20 keep an adequate supply of forms necessary for the admission or 21 commitment of persons under this chapter, Chapter 9, Chapter 11, 22 Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, 23 Chapter 27, and Chapter 52.” 24 SECTION 44. Chapter 15, Title 44 of the 1976 Code is 25 amended to read: 26 “CHAPTER 15 27 Local Mental Health Programs, Boards and Centers 28 Section 44-15-10. Any county, city, town, political subdivision, 29 or any combination thereof, of over one hundred thousand 30 population, and upon consent of the South Carolina Department 31 Division of Mental Health in the Department of Behavioral Health 32 Services, any city, county, town, or political subdivision, or 33 combination thereof, with less than one hundred thousand 34 population, may establish a community mental health services 35 program and may establish clinics and staff them with persons 36 specially trained in psychiatry and related fields. Such programs 37 and clinics may be administered by a county, city, town, political 38 subdivision, or nonprofit corporation or a community mental 39 health board established pursuant to this article. 40 Section 44-15-20. The Department Division of Mental Health 41 may, when funds are available for such purposes, make grants to 42 assist counties, cities, towns, political subdivisions or any 43 combinations thereof, or any nonprofit corporation, in the
1 [80-128] 1 establishment and operation of local mental health programs to 2 provide the following services: 3 (1) Collaborative collaborative and cooperative services with 4 public health, education, welfare, and other groups for programs of 5 prevention of mental illness, mental retardation, and other 6 psychiatric disabilities; 7 (2) Informational informational and educational services to the 8 general public and lay and professional groups; 9 (3) Consultative consultative services to schools, courts, and 10 health and welfare agencies, both public and private; 11 (4) Diagnostic diagnostic and treatment services; and 12 (5) After after care services for patients suffering from mental 13 or emotional disorders, mental retardation, and other psychiatric 14 conditions, particularly those who have received prior treatment in 15 an in-patient facility. 16 Section 44-15-30. Any county, city, town, political subdivision, 17 nonprofit corporation, or community mental health board 18 administering a mental health services program may apply for the 19 assistance provided by this article by submitting annually to the 20 Department Division of Mental Health its plan and budget for the 21 next fiscal year together with the recommendations of the 22 community mental health board. No program shall be eligible for 23 such assistance unless its plan and budget have been approved by 24 the Department division. 25 Section 44-15-40. At the beginning of each fiscal year, the 26 Department division shall allocate available funds to the mental 27 health programs for disbursement during the fiscal year in 28 accordance with such approved plans and budgets. The 29 Department division shall, from time to time during the fiscal 30 year, review the budgets and expenditures of the various programs, 31 and if funds are not needed for a program to which they were 32 allocated, it may, after reasonable notice and opportunity for 33 hearing, withdraw such funds as are unencumbered and reallocate 34 them to other programs. It may withdraw funds from any program 35 which is not being administered in accordance with its approved 36 plan and budget. 37 Section 44-15-50. Grants may be made for expenditures for 38 mental health services whether provided by operation of a local 39 facility or through contract with other public or private agencies or 40 individual persons. 41 Section 44-15-60. Every county, city, town, or political 42 subdivision, or combination of them, establishing a community 43 mental health services program, before it may come within this
1 [80-129] 1 article, shall establish a community mental health board to be 2 made up of not less than seven nor more than fifteen members. 3 Membership of the boards, so far as may be practicable, must be 4 representatives of local health departments, medical societies, 5 county welfare boards, hospital boards, and lay associations 6 concerned with mental health as well as labor, business, and civic 7 groups, and the general public. At least one member of the board 8 must be a medical doctor licensed to practice medicine in this 9 State. The members must be appointed by the Governor upon the 10 recommendation of a majority of the members of the legislative 11 delegations of the counties participating. The legislative 12 delegations and the Governor shall consider consumer and family 13 representation, including parents of emotionally disturbed children 14 and adolescents, when recommending and appointing members to 15 the board. By resolution a county legislative delegation may 16 delegate to the governing body of the county they represent the 17 authority to recommend board members to the Governor. The 18 resolution is not revocable, and copies of the resolution must be 19 sent to the Governor, the Department Division of Mental Health, 20 and the governing bodies of the counties concerned. The number 21 of members representing each county must be proportional to its 22 population. The term of office of each member of the community 23 mental health board is four years and until the member’s successor 24 is appointed. Vacancies must be filled for the unexpired term in 25 the same manner as original appointments. A member of a board 26 may be removed by the Governor pursuant to the provisions of 27 Section 1-3-240. A person may serve consecutive terms. 28 In Berkeley County, appointments made pursuant to this section 29 are governed by the provisions of Act 159 of 1995. 30 In Dorchester County, appointments made pursuant to this 31 section are governed by the provisions of Act 512 of 1996. 32 In Georgetown County, appointments made pursuant to this 33 section are governed by the provisions of Act 515 of 1996. 34 Section 44-15-70. Subject to the provisions of this article and 35 the rules and regulations of the Department Division of Mental 36 Health, each community mental health board shall: 37 (1) Be be the administrative agency for the community mental 38 health services program; and it shall be a body corporate in deed 39 and in law with all the powers incident to corporation, including 40 the power to purchase, lease, or sell real and personal property; 41 (2) Employ employ personnel necessary to carry out the 42 community mental health services program, who shall meet the job
1 [80-130] 1 specifications as prescribed by the Department division and its 2 merit system; 3 (3) Review review and evaluate community mental health 4 services provided pursuant to this article and report its findings and 5 recommendations to the Department division the administrator of 6 the local program and, when indicated, the public; 7 (4) Recruit recruit and promote local financial support for the 8 program from private sources such as community chests, business, 9 industrial and private foundations, voluntary agencies, and other 10 lawful sources, and promote public support for municipal and 11 county appropriations; 12 (5) Promote promote, arrange, and implement working 13 agreements with other social service agencies, both public and 14 private, and with other educational and judicial agencies; 15 (6) Advise advise the administrator of the local program on the 16 adoption and implementation of policies to stimulate effective 17 community relations; and 18 (7) Review review the annual plan and budget of the local 19 program and make recommendations thereon. 20 Section 44-15-80. In addition to the powers and duties already 21 conferred by law, the Department Division of Mental Health shall: 22 (1) Promulgate promulgate rules and regulations governing the 23 eligibility of community mental health programs to receive State 24 state grants, prescribing standards for qualification of personnel 25 and quality of professional service and for in-service training and 26 educational leave programs for personnel; 27 (2) Govern govern eligibility for service so that no person will 28 be denied service on the basis of inability to pay and so that 29 anyone who cannot afford to pay for necessary treatment at the rate 30 customarily charged in available private practice shall be eligible 31 to receive services from the community mental health clinic; 32 (3) Provide provide for establishment of fee schedules and 33 reduction of balance due which shall be based upon ability to pay; 34 (4) Regulate regulate fees for consultation and diagnostic 35 services, which services may be provided to anyone without regard 36 to his financial status when such person is referred by the courts, 37 schools, health or welfare agencies; 38 (5) Promulgate promulgate such other rules and regulations as 39 it deems necessary to carry out the purposes of this article; 40 (6) Review review and evaluate local programs and the 41 performance of all personnel and make recommendations thereon 42 to community mental health boards and program administrators;
1 [80-131] 1 (7) Provide provide consultative staff service to communities 2 to assist in ascertaining local needs and in planning and 3 establishing community mental health programs; and 4 (8) Employ employ personnel, certified by the merit system as 5 classified according to existing job classifications, including a 6 State Program Director of Community Mental Health Services, to 7 be under the supervision of the Director Division Chief of the 8 Department Division of Mental Health, to implement the 9 provisions of this article.; and 10 (9) Require require reports from the directors of community 11 mental health programs relating to the intake, examination, 12 diagnosis, and file closing of any patient or client. 13 Section 44-15-90. If any balances of appropriations for the 14 program authorized by this article are unexpended during any 15 fiscal year, the Department division of Mental Health may carry 16 such balances forward to the next fiscal year; provided, that not 17 more than five percent of the amount appropriated during any 18 fiscal year shall be carried forward.” 19 SECTION 45. Chapter 17, Title 44 of the 1976 Code is 20 amended by adding: 21 “Section 44-17-305. For the purposes of this Chapter chapter, 22 ‘Division of Mental Health’ means the Division of Mental Health 23 in the Department of Behavioral Health Services.” 24 SECTION 46. The fifth unnumbered paragraph of Section 25 44-17-410 of the 1976 Code is amended to read: 26 “If the report of the designated examiners is that the patient is 27 not mentally ill to the extent that involuntary treatment is required 28 and reasons have been set forth in the report, the court shall 29 dismiss the petition and the patient must be discharged 30 immediately by the facility unless the designated examiners report 31 that the patient is a chemically dependent person in need of 32 emergency commitment and that procedures have been initiated 33 pursuant to Section 44-52-50. In which case, emergency 34 commitment procedures must be complied with in accordance with 35 Chapter 52, and the facility shall transfer the patient to an 36 appropriate treatment facility as defined by Section 44-52-10, 37 provided that confirmation has been obtained from the facility that 38 a bed is available; transportation must be provided by the 39 department Division of Mental Health.” 40 SECTION 47. Sections 44-17-450 and 14-17-460 of the 1976 41 Code are amended to read: 42 “Section 44-17-450. The Department Division of Mental 43 Health, in conjunction with its local mental health centers acting as
1 [80-132] 1 the preadmission facilities, must develop and maintain a 2 preadmission screening and evaluation service for all psychiatric 3 emergencies at the local community level utilizing available local 4 resources for mentally ill persons. The preadmission screening 5 services must act as the public mental health system’s entry point 6 in order (1) to provide to the examining physician information 7 about accessible crisis intervention, evaluation, and referral 8 services in the community; (2) to offer to mentally ill persons 9 clinically appropriate alternatives to inpatient care, if any; and 10 when necessary (3) to provide a means for involuntary 11 commitment. 12 Section 44-17-460. Prior to the emergency admission of any 13 person to a psychiatric facility of the Department Division of 14 Mental Health, the person must be examined by a licensed 15 physician. The physician must inform the mental health center in 16 the county where the person resides or where the examination 17 takes place of the mental and physical treatment needs of the 18 patient. The physician must consult with the center regarding the 19 commitment/admission process and the available treatment options 20 and alternatives in lieu of hospitalization at a state psychiatric 21 facility. 22 The examining physician must complete a statement that he has 23 consulted with the local mental health center prior to the admission 24 of the person to a state psychiatric facility. If the physician does 25 not consult with the center, he must state a clinical reason for his 26 failure to do so. The statement must accompany the physician’s 27 certificate and written application for emergency commitment. 28 The department division, in its discretion, may refuse to admit a 29 patient to its facility if the physician fails to complete the statement 30 required by this section.” 31 SECTION 48. Section 44-17-580(2) of the 1976 Code is 32 amended to read: 33 “(2) there is a likelihood of serious harm to himself or others, it 34 shall order in-patient or out-patient treatment at a mental health 35 facility, public or private, designated or licensed by the 36 Department Division of Mental Health. If the court finds that he is 37 not mentally ill and not in need of involuntary treatment, it shall 38 dismiss the proceedings.” 39 SECTION 49. Section 44-17-860 of the 1976 Code is 40 amended to read: 41 “Section 44-17-860. It shall be is unlawful for any person, 42 without prior authorization from the patient’s attending physician, 43 to take or cause to be taken any patient away from the grounds of
1 [80-133] 1 any facility under the jurisdiction of the Department Division of 2 Mental Health. Any person violating the provisions of this section 3 shall be fined in a sum of not more than one thousand dollars or 4 imprisoned for not exceeding one year, or both.” 5 SECTION 50. Section 44-17-865 of the 1976 Code is 6 amended to read: 7 “Section 44-17-865. If any person involuntarily committed to a 8 facility under the jurisdiction of the Department Division of 9 Mental Health is absent without proper authorization, the 10 Department Division shall immediately notify by telephone the 11 appropriate state and local law enforcement officials of such 12 absence. Such notice shall also be confirmed in writing and 13 mailed to such law enforcement officials within twenty-four hours 14 after the absence is discovered.” 15 SECTION 51. Section 44-17-870 of the 1976 Code is 16 amended to read: 17 “Section 44-17-870. If a patient involuntarily committed to a 18 facility under the jurisdiction of the State Department Division of 19 Mental Health is absent without proper authorization, a state or 20 local law enforcement officer or employee of the department 21 division appointed pursuant to Section 44-11-70, upon the request 22 of the facility superintendent or director or Division Chief or a 23 designee and without the necessity of a warrant or a court order, 24 may take the patient into custody and return the patient to a facility 25 designated by the department division. No person may be 26 reconfined pursuant to this section after being continuously absent 27 from the jurisdiction of the department division for at least one 28 year unless criminal charges are still pending against the patient or 29 unless he was committed to a facility of the department division 30 pursuant to Chapter 24, Title 17.” 31 SECTION 52. The last paragraph of Section 44-20-20 of the 32 1976 Code is amended to read: 33 “Admission to services of the South Carolina Department of 34 Disabilities and Special Needs does not terminate or reduce the 35 rights and responsibilities of parents. Parental involvement and 36 participation in mutual planning with the department to meet the 37 needs of the client facilitates decisions and treatment plans that 38 serve the best interest and welfare of the client.” 39 SECTION 53. Chapter 22, Title 44 of the 1976 Code is 40 amended to read: 41 “CHAPTER 22 42 Rights of Mental Health Patients 43 Section 44-22-10. As used in this chapter:
1 [80-134] 1 (1) [Reserved] 2 (2) ‘Director Division Chief’ means the Director Division 3 Chief of the Department Division of Mental Health. 4 (3) ‘Court’ means probate court. 5 (4) ‘Department’ ‘Division’ means the State Department 6 Division of Mental Health in the Department of Behavioral Health 7 Services. 8 (5) ‘Facility’ means a residential program operated by the 9 Department Division. 10 (6) ‘Independent examination’ means an examination of a 11 patient by a qualified employee of the Department Division. 12 (7) ‘Individual plan of treatment’ means a plan written by a 13 multi-disciplinary team setting forth measurable goals and 14 objectives in prescribing an integrated program of individual 15 designed activities or therapies necessary to achieve the goals and 16 objectives. 17 (8) ‘Major medical treatment’ means a medical, surgical, or 18 diagnostic intervention or procedure where a general anesthetic is 19 used or which involves significant invasions of bodily integrity 20 requiring an incision or producing substantial pain, discomfort, 21 debilitation, or having a significant recovery period. It does not 22 include a routine diagnosis or treatment such as the administration 23 of medications or nutrition or the extraction of bodily fluids for 24 analysis, dental care performed with local anesthetic, procedures 25 which are provided under emergency circumstances, or the 26 withdrawal or discontinuance of medical treatment which is 27 sustaining life functions. 28 (9) ‘Mental disability’ means a medically diagnosable, 29 abnormal condition which is expected to continue for a 30 considerable length of time, whether correctable or uncorrectable, 31 which reasonably is expected to limit the person’s functional 32 ability. 33 (10) ‘Multi-disciplinary team’ means persons drawn from or 34 representing the professional disciplines or service areas included 35 in the treatment plan. 36 (11) ‘Patient’ means an individual undergoing treatment in the 37 Department Division of Mental Health; however, the term does not 38 include a person committed to the Department Division of Mental 39 Health pursuant to Chapter 48 of Title 44. 40 (12) ‘Patient unable to consent’ means a patient unable to 41 appreciate the nature and implications of his condition and 42 proposed health care, to make a reasoned decision concerning the 43 proposed health care, or to communicate that decision in an
1 [80-135] 1 unambiguous manner. This definition does not include a person 2 under eighteen years of age, and this chapter does not affect the 3 delivery of health care to that person unless he is married or has 4 been determined judicially to be emancipated. A patient’s inability 5 to consent must be certified by two licensed physicians, each of 6 whom has examined the patient. However, in an emergency the 7 patient’s inability to consent may be certified by a health care 8 professional responsible for his care if the health care professional 9 states in writing in the patient’s record that the delay occasioned 10 by obtaining certification from two licensed physicians would be 11 detrimental to his health. A certifying physician or other health 12 care professional shall give an opinion regarding the cause and 13 nature of the inability to consent, its extent, and its probable 14 duration. 15 (13) ‘Reasonably available’ means that a person to be contacted 16 may be contacted with diligent efforts by the attending physician 17 or another person acting on behalf of the attending physician. 18 (14) ‘Treatment’ means the attempted correction or facilitation 19 of a mental illness or alcohol and drug abuse. 20 Section 44-22-20. Patients have the right to the writ of habeas 21 corpus. 22 Section 44-22-30. Persons suffering from mental illness or 23 chemical dependency have the right to be represented by counsel 24 when involuntarily committed to the Department Division of 25 Mental Health pursuant to Sections 44-17-530 and 44-52-110. 26 Section 44-22-40. (A) A patient in need of electro-convulsive 27 therapy or major medical treatment must be examined by a 28 qualified physician to determine if the patient is able to consent to 29 electro-convulsive therapy or major medical treatment. Where a 30 patient is determined unable to consent to surgery or 31 electro-convulsive therapy or major medical therapy or treatment, 32 decisions concerning the need for treatment may be made by the 33 following persons in the following order of priority: 34 (1) a guardian appointed by the court pursuant to Article 5, 35 Part 3 of the South Carolina Probate Code, if the decision is within 36 the scope of the guardianship; 37 (2) an attorney-in-fact appointed by the patient in a durable 38 power of attorney executed pursuant to Section 62-5-501, if the 39 decision is within the scope of his authority; 40 (3) a person given priority to make health care decisions for 41 the patient by another statutory provision; 42 (4) a spouse of the patient unless the spouse and the patient 43 are separated pursuant to one of the following:
1 [80-136] 1 (a) entry of a pendente lite order in a divorce or separate 2 maintenance action; 3 (b) formal signing of a written property or marital 4 settlement agreement; 5 (c) entry of a permanent order of separate maintenance 6 and support or of a permanent order approving a property or 7 marital settlement agreement between the parties; 8 (5) a parent of the patient or child eighteen years of age or 9 older of the patient; 10 (6) a sibling or grandchild eighteen years of age or older of 11 the patient or grandparent of the patient; 12 (7) other relative by blood or marriage who reasonably is 13 believed by the health care professional to have a close personal 14 relationship with the patient; 15 (8) a person given authority to make health care decisions 16 for the patient by another statutory provision. 17 (B) If persons of equal priority disagree on whether certain 18 health care should be provided to a patient who is unable to 19 consent, an authorized person, a health care provider involved in 20 the care of the patient, or another person interested in the welfare 21 of the patient may petition the probate court for an order 22 determining what care is to be provided or for appointment of a 23 temporary or permanent guardian. 24 (C) Priority under this section must not be given to a person if a 25 health care provider responsible for the care of a patient who is 26 unable to consent determines that the person is not reasonably 27 available, is not willing to make health care decisions for the 28 patient, or is unable to consent as defined in Section 44-22-10(6). 29 (D) An attending physician or other health care professional 30 responsible for the care of a patient who is unable to consent may 31 shall not give priority or authority under subsection subsections 32 (A)(5) through (8) to a person if the attending physician or health 33 care professional has actual knowledge that, before becoming 34 unable to consent, the patient did not want that person involved in 35 decisions concerning his care. 36 (E) This section does not authorize a person to make health 37 care decisions on behalf of a patient who is unable to consent if, in 38 the opinion of the certifying physicians, the patient’s inability to 39 consent is temporary, and the attending physician or other health 40 care professional responsible for the care of the patient determines 41 that the delay occasioned by postponing treatment until the patient 42 regains the ability to consent will not result in significant detriment 43 to the patient’s health.
1 [80-137] 1 (F) This section does not affect the application of the Adult 2 Health Care Consent Act, Sections 44-66-10 through 44-66-80, to 3 a patient in need of health care. 4 Section 44-22-50. (A) A patient receiving services for mental 5 illness or alcohol and drug abuse shall receive care and treatment 6 that is suited to his needs and which is the least restrictive 7 appropriate care and treatment. The care and treatment must be 8 administered skillfully, safely, and humanely with full respect for 9 the patient’s dignity and personal integrity. 10 (B) Persons who operate facilities of the Department Division 11 of Mental Health shall ensure that restrictions on a residential 12 patient’s liberty are confined to those minimally necessary to 13 establish the therapeutic objectives for the patient. The 14 Department Division of Mental Health and the Department 15 Division of Alcohol and Other Drug Abuse Services shall make 16 every effort to ensure that no patient is admitted to a facility unless 17 a prior determination has been made that residence in the facility is 18 the least restrictive setting feasible for the patient. 19 (C) In cases of emergency admissions, when the least 20 restrictive setting is not available, patients must be admitted to the 21 nearest appropriate facility until the patient may be moved to the 22 least restrictive setting. 23 (D) No patient may remain at a level of care that is more 24 expensive and restrictive than is warranted to meet his needs when 25 the appropriate setting is available. 26 (E) Patients have a right to the least restrictive conditions 27 necessary to achieve the purposes of treatment. The facility shall 28 make every attempt to move residents from: 29 (1) more to less structured living; 30 (2) larger to smaller facilities; 31 (3) larger to smaller living units; 32 (4) group to individual residences; 33 (5) segregated from the community to integrated into the 34 community living; or 35 (6) dependent to independent living. 36 Section 44-22-60. (A) Before or when admitted to a facility, a 37 patient or his guardian or parent must be provided with an 38 explanation, in terms and language appropriate to the person’s 39 ability to understand, of the rights of the patient while under the 40 care of the facility. 41 (B) Within six hours of admission, a patient must be examined 42 by a physician. Within fourteen days of admission, a patient or his 43 parent or guardian must be provided with a written individualized
1 [80-138] 1 plan of treatment formulated by a multi-disciplinary team and the 2 patient’s attending physician. Each patient or his parent or 3 guardian shall participate in an appropriate manner in the planning 4 of services. An interim treatment program based on the 5 preadmission evaluation of the patient must be implemented 6 promptly upon admission. An individualized treatment plan must 7 contain: 8 (1) a statement of the nature and degree of the patient’s 9 mental illness or chemical dependency and his needs; 10 (2) if a physical examination has been conducted, the 11 patient’s physical condition; 12 (3) a description of intermediate and long-range treatment 13 goals and, if possible, future available services; 14 (4) criteria for release to a less restrictive environment, 15 including criteria for discharge and a description of services that 16 may be needed after discharge; and 17 (5) a statement as to whether or not the patient may be 18 permitted outdoors on a daily basis and, if not, the reasons why. 19 Treatment plans must be updated upon periodic review as provided 20 in Section 44-22-70. 21 Section 44-22-70. (A) The individualized plan of treatment 22 must be reviewed every thirty days by the multi-disciplinary team 23 during the first two months of inpatient treatment. After two 24 months of inpatient treatment, the plan must be reviewed every 25 sixty days, except in long-term nursing care facilities the plan must 26 be reviewed every ninety days. This section does not prohibit 27 review of the plan on a more frequent basis. 28 (B) After review by the attending physician or 29 multi-disciplinary team, if the results of the examination determine 30 the conditions justifying confinement no longer exist, a notice of 31 intent to discharge must be made immediately to the probate judge 32 having jurisdiction. Notice must be given before discharge to a 33 person who has made a written request to be notified. 34 (C) For patients committed after a hearing by the probate court 35 for the involuntary inpatient treatment for mental illness or 36 chemical dependency, an appropriate and comprehensive discharge 37 plan must be developed. Planning for a patient’s discharge must 38 begin within seventy-two hours of admission, must include input 39 from the patient, and must address community treatment, financial 40 resources, and housing. The facility and community treatment 41 staff must be involved in developing the discharge plan. 42 Representatives of all entities which provide services pursuant to 43 the plan must be consulted and informed about the plan. Based on
1 [80-139] 1 available resources, the Department Division of Mental Health 2 shall make every effort to implement the discharge plan when the 3 patient, in the opinion of the multi-disciplinary team, is ready for 4 discharge. 5 Section 44-22-80. Unless a patient has been adjudicated 6 incompetent, no patient may be denied the right to: 7 (1) dispose of property, real and personal; 8 (2) execute instruments; 9 (3) make purchases; 10 (4) enter into contractual relationships; 11 (5) hold a driver’s license; 12 (6) marry or divorce; or 13 (7) be a qualified elector if otherwise qualified. The county 14 board of voter registration in counties with Department Division of 15 Mental Health facilities reasonably shall assist patients who 16 express a desire to vote to: 17 (a) obtain voter registration forms, applications for absentee 18 ballots, and absentee ballots; 19 (b) comply with other requirements which are prerequisite 20 for voting; and 21 (c) vote by absentee ballot if necessary. 22 Section 44-22-90. (A) Communications between patients and 23 mental health professionals including general physicians, 24 psychiatrists, psychologists, psychotherapists, nurses, social 25 workers, or other staff members employed in a patient therapist 26 capacity or employees under supervision of them are considered 27 privileged. The patient may refuse to disclose and may prevent a 28 witness from disclosing privileged information except as follows: 29 (1) communications between facility staff so long as the 30 information is provided on a ‘need-to-know’ basis; 31 (2) in involuntary commitment proceedings, when a patient 32 is diagnosed by a qualified professional as in need of commitment 33 to a mental health facility for care of the patient’s mental illness; 34 (3) in an emergency where information about the patient is 35 needed to prevent the patient from causing harm to himself or 36 others; 37 (4) information related through the course of a court-ordered 38 psychiatric examination if the information is admissible only on 39 issues involving the patient’s mental condition; 40 (5) in a civil proceeding in which the patient introduces his 41 mental condition as an element of his claim or defense, or, after the 42 patient’s death, when the condition is introduced by a party 43 claiming or defending through or as a beneficiary of the patient,
1 [80-140] 1 and the court finds that it is more important to the interests of 2 justice that the communication be disclosed than the relationship 3 between the patient and psychiatrist be protected; 4 (6) when a competent patient gives consent or the guardian 5 of a patient adjudicated as incompetent gives consent for 6 disclosure; or 7 (7) as otherwise authorized or permitted to be disclosed by 8 statute. 9 (B) This does not preclude prohibit disclosure of information to 10 the Governor’s Ombudsman office or to the South Carolina 11 Protection and Advocacy System for the Handicapped, Inc. 12 Section 44-22-100. (A) Certificates, applications, records, and 13 reports made for the purpose of this chapter or Chapter 9, Chapter 14 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, 15 Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title and 16 directly or indirectly identifying a mentally ill or alcohol and drug 17 abuse patient or former patient or individual whose commitment 18 has been sought must be kept confidential and must not be 19 disclosed unless: 20 (1) the individual identified or his guardian consents; 21 (2) a court directs that disclosure is necessary for the 22 conduct of proceedings before it and that failure to make the 23 disclosure is contrary to the public interest; 24 (3) disclosure is required for research conducted or 25 authorized by the Department Division of Mental Health or the 26 Department Division of Alcohol and Other Drug Abuse Services 27 and with the consent of the patient; 28 (4) disclosure is necessary to cooperate with law 29 enforcement, health, welfare, and other state or federal agencies or 30 when furthering the welfare of the patient or his family; or 31 (5) disclosure is necessary to carry out the provisions of this 32 chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 33 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or 34 Chapter 52 of this title. 35 (B) Nothing in this section: 36 (1) precludes prohibits disclosure, upon proper inquiry, of 37 information as to a patient’s current medical condition to members 38 of his family, or the Governor’s Ombudsman office; or 39 (2) requires the release of records of which disclosure is 40 prohibited or regulated by federal law. 41 (C) A person who violates this section is guilty of a 42 misdemeanor and, upon conviction, must be fined not more than
1 [80-141] 1 five hundred dollars or imprisoned not more than one year, or 2 both. 3 Section 44-22-110. (A) A patient or the guardian of a patient 4 has access to his medical records, and a person subject to a 5 proceeding or receiving services pursuant to this chapter has 6 complete access to his medical records relevant to this 7 commitment if the access is allowed in the presence of 8 professional mental health staff. 9 (B) Patients or guardians of patients may be refused access to: 10 (1) information in medical records provided by a third party 11 under assurance that the information remains confidential; 12 (2) information in medical records if the attending physician 13 determines in writing that the information is detrimental to the 14 patient’s treatment regimen. The determination must be placed in 15 the patient’s records and must be considered part of the restricted 16 information. 17 (C) Patients and guardians denied access to medical records 18 may appeal the refusal to the Director Division Chief of the 19 Department Division of Mental Health. The director of the 20 residential program shall notify the patient or guardian of the right 21 to appeal. 22 Section 44-22-120. (A) Except to the extent the director of the 23 facility determines it is required by the medical needs or safety of 24 the patient to impose restrictions, a patient may: 25 (1) communicate by sealed mail, telephone, or otherwise 26 with persons, including official agencies, inside or outside the 27 institution. Reasonable access to writing materials, stamps, and 28 envelopes must be provided. Reasonable access to telephones, 29 including funds or means in which to use telephones, must be 30 provided. The head of a residential program determines what 31 constitutes reasonable access; 32 (2) receive visitors, including unrestricted visits by legal 33 counsel, private physicians, or members of the clergy or an 34 advocate of the South Carolina Protection and Advocacy System 35 for the Handicapped, Inc., if the visits take place at reasonable 36 hours or by appointment, or both. Each facility must have a 37 designated area where patients and visitors may speak privately if 38 they desire; 39 (3) wear his own clothes, have access to personal hygiene 40 articles, keep and spend a reasonable sum of his own money, and 41 keep and use his own personal possessions, including articles for 42 personal grooming not provided for by the facility unless the 43 clothes or personal possessions are determined by a mental health
1 [80-142] 1 professional to be dangerous or otherwise inappropriate to the 2 treatment regimen. If clothing is provided by the facility, patients 3 may select from neat, clean, seasonal clothing that allows the 4 patient to appear normal in the community. To the extent staff 5 determines a patient is able and willing to care for and maintain the 6 patient’s own clothing, the patient must be assisted in maintaining 7 this clothing during the patient’s stay in the facility; 8 (4) have access to secure individual storage space for his 9 private use. Personal property of a patient brought into the 10 hospital and placed in storage by the hospital must be inventoried. 11 Receipts must be given to the patient and at least one other 12 interested person. The personal property may be reclaimed only 13 by the patient, his spouse, or his parent or guardian as long as he is 14 living unless otherwise ordered by the court. If property belonging 15 to a patient is not reclaimed within ninety days following the 16 patient’s discharge or death, the property may be utilized by the 17 Department Division of Mental Health for the benefit of other 18 patients or programs ten days after written notice is sent to the 19 individual or the individual’s family at the last known address; and 20 (5) follow religious practices. Religious practices may be 21 prohibited by the facility director if they lead to physical harm to 22 the patient or to others, harassment of other patients, or damage to 23 property. 24 (B) All limitations imposed by the director of a residential 25 program on the exercise of these rights by the patient and the 26 reasons for the limitations must be made part of the clinical record 27 of the patient. These limitations are valid for no more than thirty 28 days. 29 Section 44-22-130. Patients involuntarily committed to a facility 30 may have a physical examination to rule out physical conditions 31 which may mimic mental illness. 32 Section 44-22-140. (A) The attending physician or the 33 physician on call, or both, are responsible for and shall authorize 34 medications and treatment given or administered to a patient. The 35 attending physician’s authorization and the medical reasons for it 36 must be entered into the patient’s clinical record. The 37 authorization is not valid for more than ninety days. Medication 38 must not be used as punishment, for the convenience of staff, or as 39 a substitute to or in quantities that interfere with the patient’s 40 treatment program. The patient or his legal guardian may refuse 41 treatment not recognized as standard psychiatric treatment. He 42 may refuse electro-convulsive therapy, aversive reinforcement 43 conditioning, or other unusual or hazardous treatment procedures.
1 [80-143] 1 If the attending physician or the physician on call decides 2 electro-convulsive therapy is necessary and a statement of the 3 reasons for electro-convulsive therapy is entered in the treatment 4 record of a patient who is considered unable to consent pursuant to 5 Section 44-22-10(13), permission for the treatment may be given 6 in writing by the persons in order of priority specified in Section 7 44-22-40(A)(1-8). 8 (B) Competent patients may shall not receive treatment or 9 medication in the absence of their express and informed consent in 10 writing except treatment: 11 (1) during an emergency situation if the treatment is 12 pursuant to or documented contemporaneously by written order of 13 a physician; or 14 (2) as permitted under applicable law for a person 15 committed by a court to a treatment program or facility. 16 Section 44-22-150. (A) No patient residing in a mental health or 17 alcohol and drug abuse facility may be subjected to mechanical 18 restraint, seclusion, or a form of physical coercion or restraint 19 unless the action is authorized in writing by the attending or 20 on-call physician as being required by the medical needs of the 21 patient and unless the use of the restraint is a last resort in 22 treatment. 23 (B) Each use of a restraint or seclusion and justification for it, 24 including a reasonably specific description of the actions by the 25 patient that warranted restraint or seclusion, must be entered into 26 the clinical record of the patient. These authorizations are not 27 valid for more than twenty-four hours during which the patient’s 28 condition must be charted at fifteen-minute intervals. If the orders 29 are extended beyond the twenty-four hours, the extension must 30 have written authorization and justification by the attending 31 physician and then only after he has interviewed and evaluated the 32 patient on an individual basis. Within twenty-four hours a copy of 33 the authorization and justification must be forwarded to the facility 34 supervisor for review. Patients under mechanical restraint must 35 have the restraints removed at least every two hours for motion 36 and exercise. Mechanical restraint must be employed to lessen the 37 possibility of physical injury and to ensure the least possible 38 discomfort. In an emergency such as the occurrence of, or serious 39 threat of, extreme violence, injury to others, personal injury, or 40 attempted suicide, if the director of the facility or the attending 41 physician is not available, designated staff may authorize, in 42 writing, mechanical restraint, seclusion, or physical restraint as 43 necessary. The use must be reported immediately to the director or
1 [80-144] 1 attending physician who shall authorize its continuance or 2 cessation and shall make a written record of the reasons for the use 3 and of his review. The record and review must be entered into the 4 patient’s record. The facility must have written policies and 5 procedures governing the use of mechanical restraints, seclusion, 6 and physical restraints and clearly delineate, in descending order, 7 the personnel who may authorize the use of restraints in 8 emergency situations. The authorization must be posted on each 9 ward. 10 (C) ‘Restraint’ shall not include medical protective devices 11 used as a regular part of medical, diagnostic, or surgical 12 procedures, used to posturally support a patient, or used to obtain 13 or maintain normative bodily functioning. 14 Section 44-22-160. (A) Each patient may refuse nontherapeutic 15 employment within the facility. The Department Division of 16 Mental Health shall establish policies and guidelines to determine 17 what constitutes therapeutic employment. The record and 18 justification of each patient’s employment must be sent 19 immediately to the attending physician for review and entered into 20 the patient’s record. Patient employment must be compensated in 21 accordance with the Fair Labor Standards Act. 22 (B) Personal living skills or household tasks not involving 23 maintenance of the facility are not considered employment and are 24 uncompensated. 25 Section 44-22-170. (A) The State Department of Education 26 shall ensure that each school-aged resident of a state-owned, 27 operated, or another designated facility shall receive an appropriate 28 education geared toward the unique capabilities of that person. 29 (B) If a school-aged resident is unable to assemble in a public 30 school setting, the Department of Education shall implement the 31 appropriate course of instruction. 32 Section 44-22-180. Resident patients must have the right to daily 33 physical exercise. The facility shall provide indoor and outdoor 34 facilities for the exercise. Patients determined able to be outdoors 35 on a daily basis pursuant to Section 44-22-60 must be allowed 36 outdoors on a daily basis in the absence of contrary medical 37 considerations or during inclement weather. 38 Section 44-22-190. The employment division of the South 39 Carolina Employment Security Commission and the Department 40 of Vocational Rehabilitation shall work with the Department 41 Division of Mental Health in the Department of Behavioral Health 42 Services in a coordinated effort to find employment for mentally 43 disabled citizens. Services must include, but are not limited to,
1 [80-145] 1 counseling, referral, timely notification of job listings, and other 2 services of the employment division and the Department of 3 Vocational Rehabilitation. 4 Section 44-22-200. The head of a treatment facility may move a 5 patient to a less restrictive setting without court approval if the 6 move is consistent with the goals and objectives of the 7 individualized treatment plan. The head of the treatment facility 8 may shall not move a patient to a more restrictive setting without 9 court approval. 10 Section 44-22-210. (A) The head of a treatment facility or unit 11 may permit the patient to leave the facility on a temporary leave of 12 absence for no longer than ninety days. 13 (B) The head of the treatment facility or unit upon releasing a 14 patient on a temporary leave of absence may impose conditions on 15 the patient while he is absent from the facility as are proper and in 16 the best interest of the patient and public welfare. 17 Section 44-22-220. (A) The Department Division of Mental 18 Health shall develop a system for documenting and addressing 19 grievances concerning patient rights. Grievances concerning 20 patient rights must be turned over to the Division of Quality 21 Assurance-Standards, Advocacy, and Monitoring of the 22 Department Division of Mental Health for review. A copy of the 23 written grievance must be forwarded to the Client Advocacy 24 Program and the South Carolina Protection and Advocacy System 25 for the Handicapped, Inc. 26 (B) The division shall promulgate procedures with time lines to 27 process expeditiously the grievances. The procedures must be 28 made known to patients. 29 (C) A person who wilfully causes, or conspires with or assists 30 another to cause, the denial to a patient of rights accorded to him 31 under this chapter, upon conviction, must be fined not more than 32 one thousand dollars or imprisoned for not more than one year, or 33 both. A person acting in good faith, either upon actual knowledge 34 or information thought to be reliable, is exempt from the criminal 35 provisions of this section.” 36 SECTION 54. Chapter 23, Title 44 of the 1976 Code is 37 amended to read: 38 “CHAPTER 23 39 Provisions Applicable to Both Mentally Ill 40 and Mentally Retarded Persons 41 Article 1 42 Definitions and General Matter
1 [80-146] 1 Section 44-23-10. When used in this chapter, Chapter 9, 2 Chapter 11, Chapter 13, Articles 3, 5, 7 and 9 of Chapter 17, and 3 Chapter 27, the following terms shall have the meanings ascribed 4 to them in this section, unless the context clearly indicates a 5 different meaning: 6 (1) ‘Mentally ill person’ means a person afflicted with a mental 7 disease to such an extent that, for his own welfare or the welfare of 8 others or of the community, he requires care, treatment or 9 hospitalization;. 10 (2) ‘Likelihood of serious harm’ means because of mental 11 illness there is: (1) a substantial risk of physical harm to the person 12 himself as manifested by evidence of threats of, or attempts at, 13 suicide or serious bodily harm; (2) a substantial risk of physical 14 harm to other persons as manifested by evidence of homicidal or 15 other violent behavior and serious harm to them; or (3) a very 16 substantial risk of physical impairment or injury to the person 17 himself as manifested by evidence that such person’s judgment is 18 so affected that he is unable to protect himself in the community 19 and that reasonable provision for his protection is not available in 20 the community;. 21 (3) ‘Patient’ means any person who seeks hospitalization or 22 treatment under the provisions of this chapter, Chapter 9, Chapter 23 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 24 27, or any person for whom such hospitalization or treatment is 25 sought;. 26 (4) ‘Officer of the peace’ means any State state, county or city 27 police officer, officer of the State Highway Patrol, sheriff or 28 deputy sheriff;. 29 (5) ‘Licensed physician’ means an individual licensed under 30 the laws of this State to practice medicine or a medical officer of 31 the government of the United States while in this State in the 32 performance of his official duties;. 33 (6) ‘Nonresident licensed physician’ means an individual 34 licensed under the laws of another state to practice medicine or a 35 medical officer of the government of the United States while 36 performing his official duties in such state;. 37 (7) ‘Designated examiner’ means a physician duly licensed by 38 the Board of Medical Examiners of this State or a person 39 registered by the Commission Division of Mental Health as 40 specially qualified, under standards established by it, in the 41 diagnosis of mental or related illnesses;. 42 (8) ‘Superintendent or Director’ means the chief executive 43 officer of any mental health facility or hospital receiving patients
1 [80-147] 1 under the provisions of this chapter, Chapter 9, Chapter 11, 2 Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, 3 or a physician appointed as the designee of such superintendent;. 4 (9) ‘Director Division Chief’ means the Director Division 5 Chief of the Department Division of Mental Health;. 6 (10) ‘Department Division’ means the South Carolina 7 Department Division of Mental Health in the Department of 8 Behavioral Health Services.; 9 (11) ‘Treatment’ means the broad range of emergency, 10 outpatient, intermediate, and inpatient services and care, including 11 diagnostic evaluation, medical, psychiatric, psychological, and 12 social service care, vocational rehabilitation, and counseling, 13 which may be extended to a patient;. 14 (12) ‘Discharge’ means an absolute release or dismissal from an 15 institution;. 16 (13) ‘Leave of absence’ means a qualified release from an 17 institution;. 18 (14) ‘State mental health facility’ or ‘facility’ means any 19 hospital, clinic, or other institution maintained by the State for the 20 care and treatment of persons who have psychiatric illness;. 21 (15) ‘Hospital’ means a public or private hospital;. 22 (16) ‘Mental health clinic’ means any institution, or part thereof, 23 maintained by the State for the diagnosis, treatment and care on an 24 outpatient basis;. 25 (17) ‘State hospital’ means a hospital, or part thereof, equipped 26 to provide inpatient care and treatment and maintained by the 27 State;. 28 (18) ‘Parent’ means natural parent, adoptive parent, stepparent, 29 or person with legal custody;. 30 (19) ‘Guardian’ or ‘legal guardian’ means a person who legally 31 has the care and management of the person of one who is not sui 32 juris;. 33 (20) ‘Nearest friend’ means any responsible person who, in the 34 absence of a parent, guardian, or spouse, undertakes to act for and 35 on behalf of another individual who is incapable of acting for 36 himself for that individual’s benefit, whether or not the individual 37 for whose benefit he acts is under legal disability;. 38 (21) ‘Interested person’ means a parent, guardian, spouse, adult 39 next of kin, or nearest friend;. 40 (22) ‘Attending physician’ means the staff physician charged 41 with primary responsibility for the treatment of a patient;. 42 (23) ‘Conservator’ means a person who legally has the care and 43 management of the estate of one who is incapable of managing his
1 [80-148] 1 own estate, whether or not he has been declared legally 2 incompetent;. 3 (24) ‘Observation’ means diagnostic evaluation, medical, 4 psychiatric, and psychological examination and care of a person 5 for the purpose of determining his mental condition;. 6 (25) ‘Mentally retarded person’ means any person, other than a 7 mentally ill person primarily in need of mental health services, 8 whose inadequately developed or impaired intelligence and 9 adaptive level of behavior require for his benefit, or that of the 10 public, special training, education, supervision, treatment, care, or 11 control in his home or community or in a service facility or 12 program under the control and management of the Department of 13 Disabilities and Special Needs;. 14 (26) ‘State of citizenship’ means the last state in which a person 15 resided for one or more consecutive years, exclusive of time spent 16 in public or private hospitals and penal institutions or on parole or 17 unauthorized absence therefrom and of time spent in service in any 18 of the Armed Forces of the United States; the residence of a person 19 shall be determined by the actual physical presence, not by the 20 expressed intent of such person. 21 Section 44-23-20. The provisions of this chapter, Chapter 9, 22 Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and 23 Chapter 27, shall not be construed as applying do not apply to 24 Whitten Center. 25 Section 44-23-30. A nonresident licensed physician may 26 examine a patient who is institutionalized or is temporarily visiting 27 or residing in another state but whose domiciliary residence is in a 28 particular county in this State. 29 Section 44-23-40. Any person affected by the rules and 30 regulations of the Department Division of Mental Health adopted 31 pursuant to Section 44-9-100 shall have the right to appeal 32 therefrom to any court of record. 33 Article 3 34 Detention, Confinement and Transfer of Confined Persons 35 Section 44-23-210. A person confined in a state institution or a 36 person confined in a state or private mental health or mental 37 retardation facility may be transferred to another mental health or 38 mental retardation facility if: 39 (1) the superintendent of a state institution not under the 40 jurisdiction of the Department Division of Mental Health or the 41 director of a treatment facility under the jurisdiction of the 42 Department Division of Mental Health requests the admission of a 43 person confined there to a state mental health facility if the person
1 [80-149] 1 is suspected of being mentally ill. If after full examination by two 2 designated examiners, one of whom must be a licensed physician, 3 the director of the mental health facility is of the opinion that the 4 person is mentally ill, the director shall notify the superintendent 5 of the institution or the director of the facility to which the person 6 was admitted who shall commence proceedings pursuant to 7 Sections 44-17-510 through 44-17-610; 8 (2) the director of a facility in which the patient resides 9 determines that it would be consistent with the medical needs of 10 the person, the Department Division of Mental Health may transfer 11 or authorize the transfer of the patient from one facility to another. 12 If the transfer is from a less restricted facility to a substantially 13 more secure facility and the patient objects to the transfer, a 14 hearing to give the patient a reasonable opportunity to contest the 15 transfer must be held pursuant to Sections 44-17-540 through 16 44-17-570. When a patient is transferred, written notice must be 17 given to the patient’s legal guardian, attorney, parents or spouse or, 18 if none be known, to the patient’s nearest known relative or friend. 19 This section may shall not be construed to apply to transfers of a 20 patient within a mental health facility; or 21 (3) the legal guardian, parent, spouse, relative, or friend of an 22 involuntary patient submits a request for the transfer of the patient 23 from one facility to another and the reasons for desiring the 24 transfer to the Department Division of Mental Health and unless 25 the Department Division of Mental Health reasonably determines 26 that it would be inconsistent with the medical needs of the person, 27 the transfer must be made. If the transfer is from a less restricted 28 to a substantially more secure facility, item (2) governs. 29 Section 44-23-220. No person who is mentally ill or mentally 30 retarded shall be confined for safekeeping in any jail. If it appears 31 to the officer in charge of the jail that such a person is in prison, he 32 shall immediately cause the person to be examined by two 33 examiners designated by the Department Division of Mental 34 Health or the Department of Disabilities and Special Needs, or 35 both, and if in their opinion admission to a mental health or 36 retardation facility is warranted, the officer in charge of the jail 37 shall commence proceedings pursuant to Sections 44-17-510 38 through 44-17-610, or Section 44-21-90. If hospitalization is 39 ordered the person shall be discharged from the custody of the 40 officer in charge of the jail and shall be admitted to an appropriate 41 mental health or retardation facility. 42 Section 44-23-240. Any person who wilfully causes, or 43 conspires with or assists another to cause the unwarranted
1 [80-150] 1 confinement of any individual under the provisions of this chapter, 2 Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, 3 Chapter 17 or Chapter 27, shall be fined not exceeding one 4 thousand dollars or imprisoned for not exceeding one year, or both. 5 Section 44-23-250. Whenever reference is made requiring the 6 signature of the superintendent of any institution, it shall mean the 7 superintendent or his designee. 8 Article 5 9 Fitness to Stand Trial 10 Section 44-23-410. Whenever a judge of the Circuit Court or 11 Family Court has reason to believe that a person on trial before 12 him, charged with the commission of a criminal offense or civil 13 contempt, is not fit to stand trial because the person lacks the 14 capacity to understand the proceedings against him or to assist in 15 his own defense as a result of a lack of mental capacity, the judge 16 shall: 17 (1) order examination of the person by two examiners 18 designated by the Department Division of Mental Health if the 19 person is suspected of having a mental illness or designated by the 20 Department of Disabilities and Special Needs if the person is 21 suspected of being mentally retarded or having a related disability 22 or by both sets of examiners if the person is suspected of having 23 both mental illness and mental retardation or a related disability; 24 the examination must be made within fifteen days after the receipt 25 of the court’s order and may be conducted in any suitable place 26 unless otherwise designated by the court; or 27 (2) order the person committed for examination and 28 observation to an appropriate facility of the Department Division 29 of Mental Health or the Department of Disabilities and Special 30 Needs for a period not to exceed fifteen days. If at the end of 31 fifteen days the examiners have been unable to determine whether 32 the person is fit to stand trial, the director of the facility shall 33 request in writing an additional period for observation not to 34 exceed fifteen days. If the person or his counsel requests, the 35 person may be examined additionally by a designated examiner of 36 his choice. The report of the examination is admissible as 37 evidence in subsequent hearings pursuant to Section 44-23-430. 38 However, the court may prescribe the time and conditions under 39 which the independent examination is conducted. If the examiners 40 designated by the Department Division of Mental Health find 41 indications of mental retardation or a related disability but not 42 mental illness, the department Division of Mental Health shall not 43 render an evaluation on the person’s mental capacity, but shall
1 [80-151] 1 inform the court that the person is ‘not mentally ill’ and 2 recommend that the person should be evaluated for competency to 3 stand trial by the Department of Disabilities and Special Needs. If 4 the examiners designated by the Department of Disabilities and 5 Special Needs find indications of mental illness but not mental 6 retardation or a related disability, the department shall not render 7 an evaluation on the person’s mental capacity, but shall inform the 8 court that the person does ‘not have mental retardation or a related 9 disability’ and recommend that the person should be evaluated for 10 competency to stand trial by the Department Division of Mental 11 Health. If either the Department Division of Mental Health or the 12 Department of Disabilities and Special Needs finds a preliminary 13 indication of a dual diagnosis of mental illness and mental 14 retardation or a related disability, this preliminary finding must be 15 reported to the court with the recommendation that one examiner 16 from the Department Division of Mental Health and one examiner 17 from the Department of Disabilities and Special Needs be 18 designated to further evaluate the person and render a final report 19 on his mental capacity. 20 Section 44-23-420. Within five days of examination under 21 Section 44-23-410(1) or at the conclusion of the observation 22 period under Section 44-23-410(2), the designated examiners shall 23 make a written report to the court which shall include: 24 (1) A a diagnosis of the person’s mental condition,; and 25 (2) Clinical clinical findings bearing on the issues of whether 26 or not the person is capable of understanding the proceedings 27 against him and assisting in his own defense, and if there is a 28 substantial probability that he will attain that capacity in the 29 foreseeable future. 30 The report of the designated examiners shall not contain any 31 findings nor shall the examiners testify on the question of insanity 32 should it be raised as a defense unless further examination on the 33 question of insanity is ordered by the court. 34 Section 44-23-430. Upon receiving the report of the designated 35 examiners, the court shall set a date for and notify the person and 36 his counsel of a hearing on the issue of his fitness to stand trial. If, 37 in the judgment of the designated examiners or the superintendent 38 of the facility if the person has been detained, the person is in need 39 of hospitalization, the court with criminal jurisdiction over the 40 person may authorize his detention in a suitable facility until the 41 hearing. The person shall be entitled to be present at the hearings 42 and to be represented by counsel. If upon completion of the 43 hearing and consideration of the evidence the court finds that:
1 [80-152] 1 (1) The the person is fit to stand trial, it shall order the criminal 2 proceedings resumed; or 3 (2) The the person is unfit to stand trial for the reasons set forth 4 in Section 44-23-410 and is unlikely to become fit to stand trial in 5 the foreseeable future, the solicitor responsible for the criminal 6 prosecution shall initiate judicial admission proceedings pursuant 7 to Sections 44-17-510 through 44-17-610 or Section 44-20-450 8 within sixty days during which time the court shall order him 9 hospitalized; or 10 (3) The the person is unfit to stand trial but likely to become fit 11 in the foreseeable future, the court shall order him hospitalized for 12 an additional sixty days. If the person is found to be unfit at the 13 conclusion of the additional period the solicitor responsible for the 14 criminal prosecution shall initiate judicial admission proceedings 15 pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of 16 Chapter 21 of this title within fourteen days during which time the 17 person shall remain hospitalized. 18 Subject to the provisions of Section 44-23-460, patients against 19 whom criminal charges are pending shall have all the rights and 20 privileges of other involuntarily hospitalized patients. 21 Persons against whom criminal charges are pending but who are 22 not ordered hospitalized following judicial admission proceedings 23 shall be released. 24 Section 44-23-440. A finding of unfitness to stand trial under 25 Section 44-23-430 does not preclude prohibit any legal objection 26 to the prosecution of the individual which is susceptible of fair 27 determination prior to trial and without the personal participation 28 of the defendant. 29 If either the person found unfit to stand trial or his counsel 30 believes he can establish a defense of not guilty to the charges 31 other than the defense of insanity, he may request an opportunity 32 to offer a defense on the merits to the court. The court may require 33 affidavits and evidence in support of such request. If the court 34 grants such request, the evidence of the State and the defendant 35 shall be heard before the court sitting without a jury. If after 36 hearing such petition the court finds the evidence is such as would 37 entitle the defendant to a directed verdict of acquittal, it shall 38 dismiss the indictment or other charges. 39 Section 44-23-450. A finding of unfitness to stand trial under 40 Section 44-23-430 may be reexamined by the court upon its own 41 motion, or that of the prosecuting attorney, the person found unfit 42 to stand trial, his legal guardian, or his counsel. Upon receipt of 43 the petition, the court shall order an examination by two
1 [80-153] 1 designated examiners whose report shall be submitted to the court 2 and shall include underlying facts and conclusions. The court shall 3 notify the individual, his legal guardian, and his counsel of a 4 hearing at least ten days prior to such hearing. The court shall 5 conduct the proceedings in accordance with Section 44-23-430, 6 except that any petition that is filed within six months after the 7 initial finding of unfitness or within six months after the filing of a 8 previous petition under this section shall be dismissed by the court 9 without a hearing. 10 Section 44-23-460. When the superintendent of a hospital or 11 mental retardation facility believes that a person against whom 12 criminal charges are pending no longer requires hospitalization, 13 the court in which criminal charges are pending shall be notified 14 and shall set a date for and notify the person of a hearing on the 15 issue of fitness pursuant to Section 44-23-430. At such time, the 16 person shall be entitled to assistance of counsel.: 17 (1) If if upon the completion of the hearing, the court finds the 18 person unfit to stand trial, it shall order his release from the 19 hospital; and 20 (2) If if such a person has been hospitalized for a period of 21 time exceeding the maximum possible period of imprisonment to 22 which the person could have been sentenced if convicted as 23 charged, the court shall order the charges dismissed and the person 24 released; or 25 (3) The the court may order that criminal proceedings against a 26 person who has been found fit to stand trial be resumed, or the 27 court may dismiss criminal charges and order the person released 28 if so much time has elapsed that prosecution would not be in the 29 interest of justice. 30 Article 11 31 Treatment, Rights, Privileges and Expenses of Patients 32 Generally 33 Section 44-23-1080. No patient or prisoner under the 34 jurisdiction of the South Carolina Department Division of Mental 35 Health is allowed access to alcoholic beverages, firearms, 36 dangerous weapons, or controlled substances as defined by Section 37 44-53-110. Any person who intentionally or negligently allows 38 patients or prisoners of the department Division of Mental Health 39 access to these items or who attempts to furnish these items to 40 patients or prisoners of the department Division of Mental Health 41 is guilty: 42 (1) in the case of alcoholic beverages or controlled substances, 43 of a misdemeanor and, upon conviction, must be punished by a
1 [80-154] 1 fine of not less than one hundred dollars nor more than ten 2 thousand dollars or imprisonment for not less than thirty days nor 3 more than ten years, or both; and 4 (2) in the case of firearms or dangerous weapons, of a felony 5 and, upon conviction, must be punished by a fine of not less than 6 one thousand dollars nor more than ten thousand dollars or 7 imprisonment for not less than one year nor more than ten years, or 8 both. 9 Section 44-23-1100. Any copies of completed forms retained 10 by judges of probate shall be safeguarded in a confidential file, and 11 the information therein contained shall not be disclosed except 12 pursuant to Section 44-22-100. 13 Section 44-23-1110. The Department Division of Mental 14 Health shall establish the charges for maintenance and medical 15 care for patients, other than beneficiary, of State state mental 16 health facilities. These charges shall be based upon the per capita 17 costs per day of the services rendered, which may include costs of 18 operation, costs of depreciation, and all other elements of cost, 19 which may be adjusted from time to time as the Department 20 Division of Mental Health considers advisable. It shall establish a 21 reasonable scale of fees to be charged patients, other than 22 beneficiary, served by the mental health clinics and shall retain 23 these fees for use in defraying the expenses of the clinics. 24 Section 44-23-1120. Upon the death of a person who is or has 25 been a patient or trainee of a State state mental health facility the 26 executor or administrator and the judge of probate shall notify the 27 Department Division of Mental Health in writing. If the decedent 28 was cared for at the expense of the State during his confinement, 29 the Department Division of Mental Health shall present a claim for 30 the amount due, and this claim shall be allowed and paid as other 31 lawful claims against the estate. The Department Division of 32 Mental Health may waive the presentation of any claim when, in 33 its opinion, an otherwise dependent person would be directly 34 benefited by waiver. 35 Section 44-23-1130. The Department Division of Mental 36 Health shall make investigations and ascertain which of the 37 patients or trainees of State state mental health facilities or which 38 of the parents, guardians, trustees, committees, or other persons 39 legally responsible therefor are financially able to pay the expenses 40 of the care and treatment, and it may contract with any of these 41 persons for a patient’s or trainee’s care and treatment. The 42 Department Division of Mental Health may require any county or 43 State state agency which might have or might be able to obtain
1 [80-155] 1 information which would be helpful to it in making this 2 investigation to furnish this information upon request. In arriving 3 at the amount to be paid, the Department Division of Mental 4 Health shall have due regard for the financial condition and estate 5 of the patient or trainee, his present and future needs and the 6 present and future needs of his lawful dependents, and whenever 7 considered necessary to protect him or his dependents may agree 8 to accept a monthly sum less than the actual per capita cost. 9 Section 44-23-1140. There is hereby created a general lien 10 upon the real and personal property of any person who is receiving 11 or who has received care or treatment in a State state mental health 12 facility, to the extent of the total expense to the State in providing 13 the care, training, or treatment. The Department Division of 14 Mental Health shall send to the clerk of court or the register of 15 deeds in those counties having such officer and the judge of 16 probate of the county of the patient’s or trainee’s known or last 17 known residence a statement showing the name of the patient or 18 trainee and the date upon which the lien attaches, which shall be 19 filed in the offices of the clerk of court or the register of deeds in 20 those counties having such officer and the judge of probate in each 21 county in which the patient or trainee then owns or thereafter 22 acquires property, real or personal, and no charge shall be made for 23 this filing. From the time of filing in either office, the statement 24 shall constitute due notice of the lien against all property then 25 owned or thereafter acquired by the patient or trainee. No action to 26 enforce the lien may be brought more than one year after the 27 patient’s or trainee’s death. This lien shall in no way affect the 28 right of homestead. 29 Section 44-23-1150. (A) As used in this section: 30 (1) ‘Actor’ means an employee, volunteer, agent, or 31 contractor of a public entity that has statutory or contractual 32 responsibility for inmates or patients confined in a prison, jail, or 33 mental health facility. Actor includes individuals who supervise 34 inmate labor details outside of an institution or who have 35 supervisory responsibility for offenders on parole, probation, or 36 other community supervision programs. 37 (2) ‘Victim’ means an inmate or patient who is confined in 38 or lawfully or unlawfully absent from a prison, jail, or mental 39 health facility, or who is an offender on parole, probation, or other 40 community supervision programs. A victim is not capable of 41 providing consent for sexual intercourse or sexual contact with an 42 actor.
1 [80-156] 1 (B) An actor is guilty of sexual misconduct when the actor, 2 knowing that the victim is an inmate, offender, or patient 3 voluntarily engages with the victim in an act of sexual intercourse, 4 whether vaginal, oral, or anal, or other sexual contact for the 5 purpose of sexual gratification. 6 (C)(1) When the sexual misconduct involves an act of sexual 7 intercourse, whether vaginal, oral, or anal, the actor is guilty of the 8 felony of sexual misconduct, first degree and, upon conviction, 9 must be imprisoned for not more than ten years. 10 (2) When the sexual misconduct does not involve sexual 11 intercourse but involves other sexual contact which is engaged in 12 for sexual gratification, the actor is guilty of the felony of sexual 13 misconduct, second degree and, upon conviction, must be 14 imprisoned for not more than five years. The term sexual contact, 15 as used in this subsection, refers to an intrusion of any part of a 16 person’s body or of any object into the ‘intimate parts’, as defined 17 in Section 16-3-651(d), of another person’s body, or to the 18 fondling of the ‘intimate parts’ of another person’s body, which is 19 done in a manner not required by professional duties, but instead is 20 done to demonstrate affection, sexually stimulate that person or 21 another person, or harass that person. 22 (D) A person who knowingly or wilfully submits inaccurate or 23 untruthful information concerning sexual misconduct as defined in 24 this section is guilty of the misdemeanor of falsely reporting sexual 25 misconduct and, upon conviction, must be imprisoned for not more 26 than one year. 27 (E) A person who has knowledge of sexual misconduct who 28 has received information in the person’s professional capacity and 29 fails to report it to the appropriate law enforcement authority, or a 30 person who threatens or attempts to intimidate a witness is guilty 31 of a misdemeanor and, upon conviction, must be fined not more 32 then five hundred dollars or imprisoned for not more than six 33 months, or both.” 34 SECTION 55. Sections 44-27-10 and 44-27-30 of the 1976 35 Code are amended to read: 36 “Section 44-27-10. When the individual is admitted to any 37 institution operated by any agency of the United States within or 38 without this State, he shall be subject to the rules and regulations 39 of the agency. The superintendent of any institution operated by 40 the agency and in which the individual is confined shall, with 41 respect to the individual, be vested with the same powers as the 42 superintendents of institutions or the Department Division of 43 Mental Health in the Department of Behavioral Health Services
1 [80-157] 1 within this State with respect to detention, custody, transfer, 2 conditional discharge, or discharge of patients. 3 Section 44-27-30. Upon receipt of a certificate of an agency of 4 the United States that facilities are available for the care or 5 treatment of any individual confined pursuant to law in any State 6 state mental health facility and that such individual is eligible for 7 care or treatment in an institution of the agency, the Department 8 Division of Mental Health in the Department of Behavioral Health 9 Services may cause his transfer to the agency of the United States 10 for confinement. Upon effecting the transfer, the court ordering 11 confinement, the legal guardian, spouse and parents or, if none be 12 known, his nearest known relative or friend shall be notified 13 thereof immediately by the Department Division of Mental Health 14 in the Department of Behavioral Health Services. No person shall 15 be transferred to an agency of the United States if he be confined 16 pursuant to conviction of any felony or misdemeanor or if he has 17 been acquitted of the charge solely on the ground of mental illness 18 unless prior to transfer the court originally ordering his 19 confinement shall enter an order for transfer after appropriate 20 motion and hearing. Any person transferred as provided in this 21 section to an agency of the United States shall be deemed to be 22 confined by the agency pursuant to the original order of 23 confinement.” 24 SECTION 56. Section 44-28-20 of the 1976 Code is amended 25 to read: 26 “Section 44-28-20. For the purpose of this chapter `a 27 self-sufficiency trust’ means a trust created by a nonprofit 28 corporation exempt from federal income taxes pursuant to Section 29 501(c)(3) of the Internal Revenue Code of 1986 and organized for 30 purposes of providing care or treatment of one or more 31 developmentally disabled, mentally ill, or physically handicapped 32 persons eligible for services of the South Carolina Department of 33 Disabilities and Special Needs, State Department Division of 34 Mental Health in the Department of Behavioral Health Services, or 35 the State Agency of Vocational Rehabilitation.” 36 SECTION 57. Section 44-28-40 of the 1976 Code is amended 37 to read: 38 “Section 44-28-40. (A) The South Carolina Department of 39 Disabilities and Special Needs, State Department Division of 40 Mental Health, or the State Agency of Vocational Rehabilitation 41 must provide care or treatment for a beneficiary from monies 42 available from the beneficiary’s account maintained in the 43 Self-Sufficiency Trust Fund.
1 [80-158] 1 (B) Upon proper certification by the South Carolina 2 Department of Disabilities and Special Needs, the State 3 Department Division of Mental Health, or the State Agency of 4 Vocational Rehabilitation, the State Treasurer shall process 5 vouchers from the Self-Sufficiency Trust Fund accounts for 6 services provided pursuant to this section.” 7 SECTION 58. Section 44-28-60 of the 1976 Code is amended 8 to read: 9 “Section 44-28-60. Money not usable for supplemental care and 10 treatment to be returned to depositing trust; interest. If the State 11 Treasurer, after consultation with the South Carolina Department 12 of Disabilities and Special Needs, the State Department Division 13 of Mental Health, or the State Agency of Vocational Rehabilitation 14 determines that the money in the account of a named beneficiary 15 cannot be used for supplemental care or treatment of the 16 beneficiary in a manner consistent with the agreement or upon 17 request of the trustee of the self-sufficiency trust, the remaining 18 money in the account and any accumulated interest promptly must 19 be returned to the self-sufficiency trust which deposited the money 20 in the Self-Sufficiency Trust Fund.” 21 SECTION 59. Section 44-28-80 of the 1976 Code is amended 22 to read: 23 “Section 44-28-80. The South Carolina Department of 24 Disabilities and Special Needs, the State Department Division of 25 Mental Health, and the State Agency of Vocational Rehabilitation 26 shall promulgate regulations necessary for the implementation and 27 administration of the Self-Sufficiency Trust Fund.” 28 SECTION 60. Section 44-28-360 of the 1976 Code is 29 amended to read: 30 “Section 44-28-360. The South Carolina Department of 31 Disabilities and Special Needs, State Department Division of 32 Mental Health, or State Agency of Vocational Rehabilitation must 33 provide care or treatment for the beneficiary from monies available 34 from the Disability Trust Fund. These agencies are responsible 35 only for the beneficiaries that meet their individual eligibility 36 criteria.” 37 SECTION 61. Section 44-28-370 of the 1976 Code is 38 amended to read: 39 “Section 44-28-370. The South Carolina Department of 40 Disabilities and Special Needs, the State Department Division of 41 Mental Health, and the State Department of Vocational 42 Rehabilitation shall promulgate regulations necessary for the 43 implementation and administration of the Disability Trust Fund.”
1 [80-159] 1 SECTION 62. Section 44-36-20(A) of the 1976 Code is 2 amended to read: 3 “(A) The School of Public Health shall appoint an advisory 4 committee to assist in maintaining this registry which must 5 include, but is not limited to, a representative of: 6 (1) South Carolina Alzheimer’s Association chapters; 7 (2) American Association of Retired Persons, South 8 Carolina Chapters; 9 (3) Clemson University; 10 (4) Department of Disabilities and Special Needs; 11 (5) Department of Health and Environmental Control; 12 (6) Department Division of Mental Health in the Department 13 of Behavioral Health Services; 14 (7) Department of Social Services; 15 (8) Department of Health and Human Services Oversight 16 and Finance; 17 (9) Medical University of South Carolina; 18 (10) National Association of Social Workers, South Carolina 19 Chapter; 20 (11) South Carolina Adult Day Care Association; 21 (12) South Carolina Association of Area Agencies on Aging; 22 (13) South Carolina Association of Council on Aging 23 Directors; 24 (14) South Carolina Association of Nonprofit Homes for the 25 Aging; 26 (15) South Carolina Association of Residential Care Homes; 27 (16) South Carolina Health Care Association; 28 (17) South Carolina Home Care Association; 29 (18) South Carolina Hospital Association; 30 (19) South Carolina Medical Association; 31 (20) South Carolina Nurses’ Association; 32 (21) Alzheimer’s Disease and Related Disorders Resource 33 Coordination Center, Office of the Governor, Division on Aging; 34 (22) University of South Carolina; and 35 (23) South Carolina State University.” 36 SECTION 63. Section 44-36-330(A) of the 1976 Code is 37 amended to read: 38 “(A) The Alzheimer’s Disease and Related Disorders Resource 39 Coordination Center must be supported by an advisory council 40 appointed by the Governor including, but not limited to, 41 representatives of: 42 (1) Alzheimer’s Association Chapters; 43 (2) American Association of Retired Persons;
1 [80-160] 1 (3) Clemson University; 2 (4) Department of Disabilities and Special Needs; 3 (5) Department of Health and Environmental Control; 4 (6) Department Division of Mental Health in the Department 5 of Behavioral Health Services; 6 (7) Department of Social Services; 7 (8) Department of Health and Human Services Oversight 8 and Finance.; 9 (9) Medical University of South Carolina; 10 (10) National Association of Social Workers, South Carolina 11 Chapter; 12 (11) South Carolina Adult Day Care Association; 13 (12) South Carolina Association of Area Agencies on Aging; 14 (13) South Carolina Association of Council on Aging 15 Directors; 16 (14) South Carolina Association of Nonprofit Homes for the 17 Aging; 18 (15) South Carolina Association of Residential Care Homes; 19 (16) South Carolina Health Care Association; 20 (17) South Carolina Home Care Association; 21 (18) South Carolina Hospital Association; 22 (19) South Carolina Medical Association; 23 (20) South Carolina Nurses’ Association; 24 (21) Statewide Alzheimer’s Disease and Related Disorders 25 Registry; 26 (22) University of South Carolina; and 27 (23) South Carolina State University.” 28 SECTION 64. Section 44-37-40(G) of the 1976 Code is 29 amended to read: 30 “(G) The department and the Department of Health and Human 31 Services Oversight and Finance shall establish procedures for 32 providing reimbursement for expenses incurred by entities 33 providing newborn hearing screenings under this section.” 34 SECTION 65. Section 44-38-380(A)(1) of the 1976 Code is 35 amended to read: 36 “(1) the following members or a designee, who shall serve ex 37 officio: 38 (a) Chairperson for the Joint Legislative Committee for the 39 Disabled; 40 (b) Director of the State Department of Disabilities and 41 Special Needs; 42 (c) Commissioner of the State Agency for Vocational 43 Rehabilitation;
1 [80-161] 1 (d) Director of the University Affiliated Program of the 2 University of South Carolina; 3 (e) Director of the South Carolina Developmental 4 Disabilities Council; 5 (f) Director of Special Education of the State Department of 6 Education; 7 (g) Director of the Interagency Office of Disability 8 Prevention; 9 (h) Director Division Chief of the Continuum of Care for 10 Emotionally Disturbed Children Division of the Governor’s Office 11 Division in the Department of Behavioral Health Services; 12 (i) Executive Director of the South Carolina Health and 13 Human Services Finance Commission Oversight and Finance; 14 (j) Director of the State Department Division Chief of the 15 Division of Mental Health in the Department of Behavioral Health 16 Services; 17 (k) Commissioner of the South Carolina Department of 18 Health and Environmental Control; and 19 (l) Commissioner of the South Carolina Commission for the 20 Blind;” 21 22 SECTION 66. Section 44-48-30(5) of the 1976 Code is 23 amended to read: 24 “(5) ‘Agency with jurisdiction’ means that agency which, upon 25 lawful order or authority, releases a person serving a sentence or 26 term of confinement and includes the South Carolina Department 27 of Corrections, the South Carolina Department of Probation, 28 Parole, and Pardon Services, the Board of Probation, Parole, and 29 Pardon Services, the Department of Juvenile Justice, the Juvenile 30 Parole Board, and the Department Division of Mental Health.” 31 SECTION 67. Section 44-48-30(11) of the 1976 Code is 32 amended by adding at the end: 33 “(11) ‘Division’ means the Division of Mental Health in the 34 Department of Behavioral Health Services.” 35 SECTION 68. Section 44-48-50 of the 1976 Code is amended 36 to read: 37 “Section 44-48-50. The Director of the Department of 38 Corrections shall appoint a multidisciplinary team to review the 39 records of each person referred to the team pursuant to Section 40 44-48-40. These records may include, but are not limited to, the 41 person’s criminal offense record, any relevant medical and 42 psychological records, treatment records, and any disciplinary or 43 other records formulated during confinement or supervision. The
1 [80-162] 1 team, within thirty days of receiving notice as provided for in 2 Section 44-48-40, shall assess whether or not the person satisfies 3 the definition of a sexually violent predator. If it is determined 4 that the person satisfies the definition of a sexually violent 5 predator, the multidisciplinary team must forward a report of the 6 assessment to the prosecutor’s review committee. The assessment 7 must be accompanied by all records relevant to the assessment. 8 Membership of the team must include: 9 (1) a representative from the Department of Corrections; 10 (2) a representative from the Department of Probation, Parole 11 and Pardon Services; 12 (3) a representative from the Department Division of Mental 13 Health in the Department of Behavioral Health Services of who is 14 a trained, qualified mental health clinician with expertise in 15 treating sexually violent offenders; 16 (4) a retired judge appointed by the Chief Justice who is 17 eligible for continued judicial service pursuant to Section 18 2-19-100; and 19 (5) the Chief Attorney of the Office of Appellate Defense or 20 his designee. 21 The Director of the Department of Corrections or his designee 22 shall be the chairman of the team.” 23 SECTION 69. Section 44-48-100 of the 1976 Code is 24 amended to read: 25 “Section 44-48-100. (A) The court or jury shall determine 26 whether, beyond a reasonable doubt, the person is a sexually 27 violent predator. If a jury determines that the person is a sexually 28 violent predator, the determination must be by unanimous verdict. 29 If the court or jury determines that the person is a sexually violent 30 predator, the person must be committed to the custody of the 31 Department Division of Mental Health for control, care, and 32 treatment until such time as the person’s mental abnormality or 33 personality disorder has so changed that the person is safe to be at 34 large and has been released pursuant to this chapter. The control, 35 care, and treatment must be provided at a facility operated by the 36 Department Division of Mental Health. At all times, a person 37 committed for control, care, and treatment by the Department 38 Division of Mental Health pursuant to this chapter must be kept in 39 a secure facility, and the person must be segregated at all times 40 from other patients under the supervision of the Department 41 Division of Mental Health. The Department Division of Mental 42 Health may enter into an interagency agreement with the 43 Department of Corrections for the control, care, and treatment of
1 [80-163] 1 these persons. A person who is in the confinement of the 2 Department of Corrections pursuant to an interagency agreement 3 authorized by this chapter must be kept in a secure facility and 4 must, if practical and to the degree possible, be housed and 5 managed separately from offenders in the custody of the 6 Department of Corrections. If the court or jury is not satisfied 7 beyond a reasonable doubt that the person is a sexually violent 8 predator, the court shall direct the person’s release. Upon a 9 mistrial, the court shall direct that the person be held at an 10 appropriate secure facility including, but not limited to, a local or 11 regional detention facility until another trial is conducted. A 12 subsequent trial following a mistrial must be held within ninety 13 days of the previous trial, unless the subsequent trial is continued. 14 The court or jury’s determination that a person is a sexually violent 15 predator may be appealed. The person must be committed to the 16 custody of the Department Division of Mental Health pending his 17 appeal. 18 (B) If the person charged with a sexually violent offense has 19 been found incompetent to stand trial and is about to be released 20 and the person’s commitment is sought pursuant to subsection (A), 21 the court first shall hear evidence and determine whether the 22 person committed the act or acts with which he is charged. The 23 hearing on this issue must comply with all the procedures specified 24 in this section. In addition, the rules of evidence applicable in 25 criminal cases apply, and all constitutional rights available to 26 defendants at criminal trials, other than the right not to be tried 27 while incompetent, apply. After hearing evidence on this issue, 28 the court shall make specific findings on whether the person 29 committed the act or acts with which he is charged; the extent to 30 which the person’s incompetence or developmental disability 31 affected the outcome of the hearing, including its effect on the 32 person’s ability to consult with and assist counsel and to testify on 33 the person’s own behalf; the extent to which the evidence could be 34 reconstructed without the assistance of the person; and the strength 35 of the prosecution’s case. If, after the conclusion of the hearing on 36 this issue, the court finds beyond a reasonable doubt that the 37 person committed the act or acts with which he is charged, the 38 court shall enter a final order, appealable by the person, on that 39 issue, and may proceed to consider whether the person should be 40 committed pursuant to this chapter.” 41 SECTION 70. Sections 44-48-110, 44-48-120, and 44-48-130 42 of the 1976 Code are amended to read:
1 [80-164] 1 “Section 44-48-110. A person committed pursuant to this 2 chapter shall have an examination of his mental condition 3 performed once every year. The person may retain or, if the 4 person is indigent and so requests, the court may appoint a 5 qualified expert to examine the person, and the expert shall have 6 access to all medical, psychological, criminal offense, and 7 disciplinary records and reports concerning the person. The annual 8 report must be provided to the court which committed the person 9 pursuant to this chapter, the Attorney General, the solicitor who 10 prosecuted the person, and the multidisciplinary team. The court 11 shall conduct an annual hearing to review the status of the 12 committed person. The committed person shall not be prohibited 13 from petitioning the court for release at this hearing. The Director 14 Division Chief of the Department Division of Mental Health shall 15 provide the committed person with an annual written notice of the 16 person’s right to petition the court for release over the director’s 17 Division Chief’s objection; the notice shall contain a waiver of 18 rights. The director Division Chief shall forward the notice and 19 waiver form to the court with the annual report. The committed 20 person has a right to have an attorney represent him at the hearing, 21 but the committed person is not entitled to be present at the 22 hearing. If the court determines that probable cause exists to 23 believe that the person’s mental abnormality or personality 24 disorder has so changed that the person is safe to be at large and, if 25 released, is not likely to commit acts of sexual violence, the court 26 shall schedule a trial on the issue. At the trial, the committed 27 person is entitled to be present and is entitled to the benefit of all 28 constitutional protections that were afforded the person at the 29 initial commitment proceeding. The Attorney General shall 30 represent the State and has the right to have the committed person 31 evaluated by qualified experts chosen by the State. The trial must 32 be before a jury if requested by either the person, the Attorney 33 General, or the solicitor. The committed person also has the right 34 to have qualified experts evaluate the person on the person’s 35 behalf, and the court shall appoint an expert if the person is 36 indigent and requests the appointment. The burden of proof at the 37 trial is upon the State to prove beyond a reasonable doubt that the 38 committed person’s mental abnormality or personality disorder 39 remains such that the person is not safe to be at large and, if 40 released, is likely to engage in acts of sexual violence. 41 Section 44-48-120. If the Director Division Chief of the 42 Department Division of Mental Health determines that the 43 person’s mental abnormality or personality disorder has so
1 [80-165] 1 changed that the person is safe to be at large and, if released, is not 2 likely to commit acts of sexual violence, the director Division 3 Chief shall authorize the person to petition the court for release. 4 The petition shall be served upon the court and the Attorney 5 General. The court, upon receipt of the petition for release, shall 6 order a hearing within thirty days. The Attorney General shall 7 represent the State, and has the right to have the petitioner 8 examined by experts chosen by the State. The hearing must be 9 before a jury if requested by either the petitioner or the Attorney 10 General. The burden of proof is upon the Attorney General to 11 show beyond a reasonable doubt that the petitioner’s mental 12 abnormality or personality disorder remains such that the petitioner 13 is not safe to be at large and, that if released, is likely to commit 14 acts of sexual violence. 15 Section 44-48-130. Nothing in this chapter shall prohibit a 16 person from filing a petition for release pursuant to this chapter. 17 However, if a person has previously filed a petition for release 18 without the approval of the Director Division Chief of the 19 Department Division of Mental Health and the court determined 20 either upon review of the petition or following a hearing that the 21 petitioner’s petition was frivolous or that the petitioner’s condition 22 had not changed so that the petitioner was not safe to be at large 23 and, if released, would commit acts of sexual violence, then the 24 court shall deny the subsequent petition unless the petition 25 contains facts upon which a court could find the condition of the 26 petitioner had so changed that a hearing was warranted. Upon 27 receipt of a first or subsequent petition from a committed person 28 without the director’s Division Chief’s approval, the court shall, 29 whenever possible, review the petition and determine if the 30 petition is based upon frivolous grounds and, if so, shall deny the 31 petition without a hearing.” 32 SECTION 71. Chapter 49, Title 44 of the 1976 Code is 33 amended to read: 34 “CHAPTER 49 35 Department Division of Alcohol and Other Drug Abuse Services 36 Section 44-49-10. (A) There is established the Department 37 Division of Alcohol and Other Drug Abuse Services in the 38 Department of Behavioral Health Services. The department 39 division shall be vested with all the functions, powers, and duties, 40 of the South Carolina Commission on Alcoholism and the South 41 Carolina Commission on Alcohol and Drug Abuse and shall have 42 full authority for formulating, coordinating, and administering the
1 [80-166] 1 state plans for controlling narcotics and controlled substances and 2 alcohol abuse. 3 (B) All functions, powers, and duties of the commissioner of 4 the narcotics and controlled substances section of the State 5 Planning and Grants Division (Division of Administration in the 6 Office of the Governor) are hereby transferred to the department 7 division, except those powers and duties related to the traffic of 8 narcotics and controlled substances as defined in Section 9 44-53-130 which shall be vested in the State Law Enforcement 10 Division. 11 (C) All rules and regulations promulgated by the commissioner 12 of narcotics and controlled substances shall remain in effect until 13 changed by the department. 14 (D) The department division is authorized to establish a block 15 grant mechanism to provide such monies as may be appropriated 16 by the Legislature for this purpose to each of the agencies 17 designated under Section 61-12-20(a). The distribution of these 18 monies must be on a per capita basis according to the most recent 19 United States Census. The agencies designated under Section 20 61-12-20(a) must expend any funds received through this 21 mechanism in accordance with the county plans required under 22 Section 61-12-20(b). 23 (E) The department division is authorized to develop such rules 24 and regulations not inconsistent with the provisions of this chapter 25 as it may find to be reasonably appropriate for the government of 26 the county plans called for in Section 61-12-20(b), and the 27 financial and programmatic accountability of funds provided under 28 this section and all other funds provided by the department 29 division to agencies designated under Section 61-12-20(a). 30 Section 44-49-20. The Department Division of Alcohol and 31 Other Drug Abuse Services shall be headed by a Director Division 32 Chief appointed by the Governor, upon the advice and consent of 33 the Senate Secretary of the Department of Behavioral Health 34 Services. The director Division Chief is subject to removal by the 35 Governor pursuant to the provisions of Section 1-3-240 secretary. 36 Section 44-49-40. (A) The department Division of Alcohol 37 and Other Drug Abuse Services shall arrange for the exchange of 38 information between governmental officials concerning the use 39 and abuse of controlled substances. 40 (B) Results, information, and evidence received from the 41 Department of Health and Environmental Control relating to the 42 regulatory functions of this chapter and Article 3 of Chapter 53, 43 including results of inspections conducted by such department,
1 [80-167] 1 may be relied upon and acted upon by the department division in 2 conformance with its administration and coordinating duties under 3 this Chapter chapter and Article 3 of Chapter 53. 4 (C)(1) The department division shall: 5 (1) Plan plan, coordinate, and cooperate in educational 6 programs for schools, communities and general public designed to 7 prevent and deter misuse and abuse of controlled substances; 8 (2) Promote promote better recognition of the problems of 9 misuse and abuse of controlled substances within the regulated 10 industry and among interested groups and organizations; 11 (3) Assist assist the regulated industry, interested groups, 12 and organizations in contributing to the reduction of misuse and 13 abuse of controlled substances; 14 (4) Consult consult with interested groups and organizations 15 to aid them in solving administrative and organizational problems; 16 (5) Evaluate evaluate procedures, projects, techniques, and 17 controls conducted or proposed as part of educational programs on 18 misuse and abuse of controlled substances; 19 (6) Disseminate disseminate the results of research on 20 misuse and abuse of controlled substances to promote a better 21 public understanding of what problems exist and what can be done 22 to combat them; 23 (7) Assist assist in the education and training of state and 24 local law enforcement officials in their efforts to control misuse 25 and abuse of controlled substances; 26 (8) Encourage encourage research on misuse and abuse of 27 controlled substances; 28 (9) Cooperate cooperate in establishing methods to assess 29 accurately the effects of controlled substances and to identify and 30 characterize controlled substances with potential for abuse; 31 (10) Cooperate cooperate in making studies and in 32 undertaking programs of research to: 33 (a) Develop develop new or improved approaches, 34 techniques, systems, equipment and devices to strengthen the 35 enforcement of Sections 44-49-10, 44-49-40 and 44-49-50 and 36 Article 3 of Chapter 53; 37 (b) Determine determine patterns of misuse and abuse of 38 controlled substances and the social effects thereof; and 39 (c) Improve improve methods for preventing, predicting, 40 understanding, and dealing with the misuse and abuse of controlled 41 substances. 42 (D) The department division may enter into contracts with 43 public agencies, institutions of higher education, and private
1 [80-168] 1 organizations or individuals for the purpose of conducting 2 research, demonstrations, or special projects which bear directly on 3 misuse and abuse of controlled substances. 4 (E) The department division may enter into contracts for 5 educational and research activities without performance bonds. 6 (F) The department division is authorized to accept gifts, 7 bequests, devises, contributions, and grants, public or private, 8 including federal funds, or funds from any other source for use in 9 furthering the purpose of the department division. The department 10 division is authorized to administer the grants and contracts arising 11 from the federal program entitled the Drug-Free Schools and 12 Communities Act of 1986, P.L. 99-570. 13 Section 44-49-50. It shall be the duty of all departments, 14 officers, agencies, and employees of the State to cooperate with the 15 Department Division of Alcohol and Other Drug Abuse Services 16 in carrying out its functions. The Attorney General shall furnish 17 such legal services as are necessary to the department. 18 Section 44-49-60. The department Division of Alcohol and 19 Other Drug Abuse Services shall appoint a supervisor of adult 20 education for the prevention of alcoholism, who shall be 21 responsible for activating and implementing an adequate alcoholic 22 education program for the citizens of this State above high school 23 age. The program shall be designed to prevent or reduce 24 alcoholism in this State and to create a recognition and 25 understanding of the problem. 26 In carrying out the provisions of this section the department 27 division and the supervisor of adult education for the prevention of 28 alcoholism may consult and work in conjunction with groups such 29 as Alcoholics Anonymous, the Yale Center of Alcohol Studies of 30 Yale University, the Research Council on Problems of Alcohol of 31 the American Association for the Advancement of Science, the 32 South Carolina Medical Association, the department Division of 33 Mental Health in the Department of Behavioral Health Services, 34 the Christian Action Council, the Committee on Alcoholism of the 35 South Carolina Conference of Social Work and other groups or 36 agencies that are able to assist in the study, prevention, treatment 37 and rehabilitation of alcoholics and in a scientific educational 38 program on the problems of alcohol. 39 Section 44-49-70. The department Division of Alcohol and 40 Other Drug Abuse Services shall furnish the supervisor of adult 41 education for the prevention of alcoholism adequate ways and 42 means to accomplish an effective educational program for the 43 prevention of alcoholism in this State.
1 [80-169] 1 Section 44-49-80. The department Division of Alcohol and 2 Other Drug Abuse Services shall establish a program to provide 3 alcohol and drug abuse intervention, prevention, and treatment 4 services for the public schools of the State. The department 5 division shall provide staff and support necessary to administer the 6 program. Funds for this program must be annually appropriated 7 by the General Assembly from the Education Improvement Act of 8 1984 Fund as it determines appropriate. The appropriated funds 9 must be forwarded to the South Carolina Department of Alcohol 10 and Other Drug Abuse Services division from the Education 11 Improvement Act of 1984 Fund in the manner the State Treasurer 12 shall direct.” 13 SECTION 72. Sections 44-52-10(4) and (9) of the 1976 Code 14 are amended to read: 15 “(4) ‘Treatment facility’ means any facility licensed or 16 approved by the Department of Health and Environmental Control 17 equipped to provide for the care and treatment of chemically 18 dependent persons including the Division subdivision of Alcohol 19 and Drug Addiction Services of the South Carolina Department 20 Division of Mental Health, and any other treatment facility 21 approved by the Director of the Department Division of Mental 22 Health. 23 (9) ‘Division’ ‘Subdivision’ means the Division Subdivision of 24 Alcohol and Drug Addiction Services of the South Carolina 25 Department Division of Mental Health in the Department of 26 Behavioral Health Services.” 27 SECTION 73. Section 44-52-165(A) of the 1976 Code is 28 amended to read: 29 “(A) It is unlawful for a patient receiving inpatient services in a 30 program under the jurisdiction of the division in a treatment 31 facility operated by the South Carolina Department Division of 32 Mental Health to possess alcoholic beverages, firearms, dangerous 33 weapons, or controlled substances as defined by Section 34 44-53-110. A patient who violates the provisions of this section 35 while in a treatment facility is guilty, in the case of: 36 (1) alcoholic beverages, of a misdemeanor and, upon 37 conviction, must be fined not less than one hundred nor more than 38 two hundred dollars or imprisoned for not more than thirty days; 39 (2) controlled substances, of a misdemeanor and, upon 40 conviction, must be punished in accordance with Section 41 44-53-370; or 42 (3) firearms or dangerous weapons, of a felony and, upon 43 conviction, must be fined not less than one thousand nor more than
1 [80-170] 1 ten thousand dollars or imprisoned for not less than one year nor 2 more than ten years, or both.” 3 SECTION 74. Section 44-52-200 of the 1976 Code is 4 amended to read: 5 “Section 44-52-200. The State Department Division of Mental 6 Health in the Department of Behavioral Services may prescribe the 7 form of applications, reports, records, and medical certificates 8 provided for under this chapter, and the information required to be 9 contained; require reports from the head of any treatment facility 10 relating to the admission, examination, diagnosis, release, or 11 discharge of any patient; visit each facility regularly; review the 12 admission procedures of all new patients admitted between visits; 13 provide care and treatment for involuntary admissions of 14 chemically dependent persons; investigate by personal visit 15 complaints made by any patient or by any person on behalf of a 16 patient; and adopt regulations not inconsistent with the provisions 17 of this chapter which it finds to be reasonably necessary for proper 18 and efficient hospitalization and care of chemically dependent 19 persons.” 20 SECTION 75. The definition of ‘Commission’ in Section 21 44-53-110 of the 1976 Code is amended to read: 22 “‘Commission Division’ means the South Carolina Commission 23 on Division of Alcohol and Drug Abuse in the Department of 24 Behavioral Health Services.” 25 SECTION 76. Section 44-53-310(b) of the 1976 Code is 26 amended to read: 27 “(b) The department may place a registrant who violates this 28 article on probation or levy a civil fine of not more than two 29 thousand five hundred dollars, or both. Fines generated pursuant 30 to this section must be remitted to the State Treasurer for deposit to 31 the benefit of the Department Division of Mental Health in the 32 Department of Behavioral Health Services to be used exclusively 33 for the treatment and rehabilitation of drug addicts within the 34 department’s addiction center facilities.” 35 SECTION 77. Section 44-53-450(a) of the 1976 Code is 36 amended to read: 37 “(a) Whenever any person who has not previously been 38 convicted of any offense under this article or any offense under 39 any State or Federal statute relating to marihuana, or stimulant, 40 depressant, or hallucinogenic drugs, pleads guilty to or is found 41 guilty of possession of a controlled substance under Section 42 44-53-370 (c) and (d), except narcotic drugs classified in Schedule 43 I (b) and (c) and narcotic drugs classified in Schedule II, the court,
1 [80-171] 1 without entering a judgment of guilt and with the consent of the 2 accused, may defer further proceedings and place him on probation 3 upon terms and conditions as it requires, including the requirement 4 that such person cooperate in a treatment and rehabilitation 5 program of a State-supported state-supported facility or a facility 6 approved by the Commission Division of Alcohol and Other Drug 7 Abuse Services, if available. Upon violation of a term or 8 condition, the court may enter an adjudication of guilt and proceed 9 as otherwise provided. Upon fulfillment of the terms and 10 conditions, the court shall discharge the person and dismiss the 11 proceedings against him. Discharge and dismissal under this 12 section shall be without court adjudication of guilt and is not a 13 conviction for purposes of this section or for purposes of 14 disqualifications or disabilities imposed by law upon conviction of 15 a crime, including the additional penalties imposed for second or 16 subsequent convictions. However, a nonpublic record shall be 17 forwarded to and retained by the Department of Narcotic and 18 Dangerous Drugs under the South Carolina Law Enforcement 19 Division solely for the purpose of use by the courts in determining 20 whether or not a person has committed a subsequent offense under 21 this article. Discharge and dismissal under this section may occur 22 only once with respect to any person.” 23 SECTION 78. Section 44-53-480(a) of the 1976 Code is 24 amended to read: 25 “(a) The South Carolina Law Enforcement Division shall 26 establish within its Division division a Department of Narcotics 27 and Dangerous Drugs, which shall be administered by a director 28 and shall be primarily responsible for the enforcement of all laws 29 pertaining to illicit traffic in controlled and counterfeit substances. 30 The Department of Narcotics and Dangerous Drugs, in discharging 31 its responsibilities concerning illicit traffic in narcotics and 32 dangerous substances and in suppressing the abuse of controlled 33 substances, shall enforce the State plan formulated in cooperation 34 with the Narcotics and Controlled Substance Section as such plan 35 relates to illicit traffic in controlled and counterfeit substances. 36 As part of its duties the Department of Narcotics and Dangerous 37 Drugs shall: 38 (1) Assist assist the Commission on Division of Alcohol and 39 Other Drug Abuse Services in the exchange of information 40 between itself and governmental and local law-enforcement 41 officials concerning illicit traffic in and use and abuse of controlled 42 substances.;
1 [80-172] 1 (2) Assist assist the Commission Division of Alcohol and 2 Other Drug Abuse Services in planning and coordinating training 3 programs on law enforcement for controlled substances at the local 4 and State level.; 5 (3) Establish establish a centralized unit which shall accept, 6 catalogue, file and collect statistics and make such information 7 available for Federal, State state, and local law-enforcement 8 purposes.; and 9 (4) Have have the authority to execute and serve search 10 warrants, arrest warrants, administrative inspection warrants, 11 subpoenas, and summonses.” 12 SECTION 79. Section 44-53-490 of the 1976 Code is 13 amended to read: 14 “Section 44-53-490. The Department of Health and 15 Environmental Control shall designate persons holding a degree in 16 pharmacy to serve as drug inspectors. Such inspectors shall, from 17 time to time, but no less than once every three years, inspect all 18 practitioners and registrants who manufacture, dispense, or 19 distribute controlled substances, including those persons exempt 20 from registration but who are otherwise permitted to keep 21 controlled substances for specific purposes. The drug inspector 22 shall submit an annual report by the first day of each year to the 23 department and a copy to the Commission on Division of Alcohol 24 and Other Drug Abuse Services specifying the name of the 25 practitioner or the registrant or such exempt persons inspected, the 26 date of inspection and any other violations of this article. The 27 department may employ other persons as agents and assistant 28 inspectors to aid in the enforcement of those duties delegated to 29 the department by this article.” 30 SECTION 80. Section 44-53-500(b) of the 1976 Code is 31 amended to read: 32 “(b) The Department of Health and Environmental Control is 33 authorized to make administrative inspections of controlled 34 premises in accordance with the following provisions: 35 (1) For the purposes of this article only, ‘controlled 36 premises’ means: 37 (a) Places places where persons registered or exempted 38 from registration requirements under this article are required to 39 keep records,; and 40 (b) Places places including factories, warehouses, 41 establishments, and conveyances where persons registered or 42 exempted from registration requirements under this article are
1 [80-173] 1 permitted to hold, manufacture, compound, process, sell, deliver, 2 or otherwise dispose of any controlled substance. 3 (2) When so authorized by an administrative inspection 4 warrant issued pursuant to this section, an officer or employee 5 designated by the Commission on Division of Alcohol and Other 6 Drug Abuse Services, upon presenting the warrant and appropriate 7 credentials to the owner, operator, or agent in charge, may enter 8 controlled premises for the purpose of conducting an 9 administrative inspection. 10 (3) When so authorized by an administrative inspection 11 warrant, an officer or employee designated by the department may: 12 (a) Inspect inspect and copy records required by this 13 article to be kept; 14 (b) Inspect inspect, within reasonable limits and in a 15 reasonable manner, controlled premises and all pertinent 16 equipment, finished and unfinished material, containers and 17 labeling found therein, and, except as provided in subsection (b)(5) 18 of this section, all other things therein including records, files, 19 papers, processes, controls, and facilities bearing on violation of 20 this article; and 21 (c) Inventory inventory any stock of any controlled 22 substance therein and obtain samples of any such substance. 23 (4) This section shall not be construed to prevent entries and 24 administrative inspections (including seizures of property) without 25 a warrant: 26 (a) With with the consent of the owner, operator or agent 27 in charge of the controlled premises; 28 (b) In in situations presenting imminent danger to health 29 or safety; 30 (c) In in situations involving inspection of conveyances 31 where there is reasonable cause to believe that the mobility of the 32 conveyance makes it impracticable to obtain a warrant; 33 (d) In in any other exceptional or emergency circumstance 34 where time or opportunity to apply for a warrant is lacking; and 35 (e) In in all other situations where a warrant is not 36 constitutionally required. 37 (5) Except when the owner, operator, or agent in charge of 38 the controlled premises so consents in writing, no inspection 39 authorized by this section shall extend to: 40 (a) Financial financial data; 41 (b) Sales sales data other than shipment data; 42 (c) Pricing pricing data; 43 (d) Personnel personnel data; or
1 [80-174] 1 (e) Research research data.” 2 SECTION 81. Section 44-107-80 of the 1976 Code is 3 amended to read: 4 “Section 44-107-80. Upon request, the Department Division of 5 Alcohol and Other Drug Abuse Services in the Department of 6 Behavioral Health Services shall provide technical assistance to 7 any state agency to assist with the implementation of this chapter. 8 Additionally, upon request, the names and addresses of contractors 9 and grantees providing a drug-free workplace pursuant to this 10 chapter must be provided to the department.” 11 SECTION 82. Section 44-128-50 of the 1976 Code is 12 amended to read: 13 “Section 44-128-50. (A) There is established the South 14 Carolina Youth Smoking Prevention Advisory Commission to 15 advise the department in the development, implementation, and 16 evaluation of the State Youth Smoking Plan. 17 (B) Notwithstanding the provisions of Section 8-13-770, the 18 membership of the advisory commission is as follows: 19 (1) two members appointed by the Speaker of the House of 20 Representatives from the membership of the House of 21 Representatives; 22 (2) two members appointed by the President Pro Tempore of 23 the Senate from the membership of the Senate; and 24 (3) eleven members appointed by the Governor as follows: 25 (a) one representative of the Department of Health and 26 Environmental Control; 27 (b) one representative of the Department Division of 28 Alcohol and Other Drug Abuse Services in the Department of 29 Behavioral Health Services; 30 (c) three health professionals; 31 (d) two youths between the ages of twelve and eighteen; 32 and 33 (e) five citizens of the State with knowledge, competence, 34 experience, or interest in youth smoking prevention, or other 35 relevant background including, but not limited to, youth education, 36 public health, social science, and business expertise.” 37 SECTION 83. Section 50-21-112(C) of the 1976 Code is 38 amended to read: 39 “(C) Any person convicted of operating a water device in 40 violation of subsection (A), in addition to any other penalties, must 41 be prohibited by the department from operating any water device 42 within this State for six months for the first conviction, one year 43 for the second conviction, and two years for the third conviction.
1 [80-175] 1 Only those violations, which occurred within ten years including 2 and immediately preceding the date of the last violation, shall 3 constitute prior violations within the meaning of this section. 4 A person whose privilege is suspended under the provisions of 5 this section must be notified by the department of the suspension 6 and of the requirement to enroll in and successfully complete an 7 Alcohol and Drug Safety Action Program certified by the 8 Department Division of Alcohol and Other Drug Abuse Services 9 prior to reinstatement of the privilege. An assessment of the extent 10 and nature of the alcohol and drug abuse problem, if any, of the 11 applicant must be prepared and a plan of education or treatment, or 12 both, must be developed based upon the assessment. Entry into and 13 successful completion of the services, if such services are 14 necessary, recommended in the plan of education or treatment, or 15 both, developed for the applicant is a mandatory requirement of 16 the restoration of privileges to the applicant. The Alcohol and 17 Drug Safety Action Program shall determine if the applicant has 18 successfully completed the services. The Department Division of 19 Alcohol and Other Drug Abuse Services shall determine the cost 20 of services provided by each certified Alcohol and Drug Safety 21 Action Program. Each applicant shall bear the cost of services 22 recommended in the applicant’s plan of education or treatment. 23 The cost of services must be within the limits set forth in Section 24 56-5-2990(C). No applicant may be denied services due to an 25 inability to pay. Inability to pay for services may not be used as a 26 factor in determining if the applicant has successfully completed 27 services. If the applicant has not successfully completed the 28 services as directed by the Alcohol and Drug Safety Action 29 Program within one year of enrollment, a hearing must be 30 provided by the Alcohol and Drug Safety Action Program and if 31 further needed by the Department Division of Alcohol and Other 32 Drug Abuse Services. 33 The department and the Department Division of Alcohol and 34 Other Drug Abuse Services shall develop procedures necessary for 35 the communication of information pertaining to reinstating the 36 privilege, or otherwise. The procedures must be consistent with the 37 confidentiality laws of this State and the United States. 38 A person convicted under this section, in addition to any other 39 penalties, shall be required by the department to attend and 40 complete a boating safety education program approved by the 41 department. The person required to attend the program shall 42 reimburse the department for the expense of the program. The 43 person’s privilege to operate a water device within this State shall
1 [80-176] 1 be suspended until successful completion of the required 2 program.” 3 SECTION 84. Section 56-1-385(A)(3) of the 1976 Code is 4 amended to read: 5 “(3) the person must have completed successfully an alcohol or 6 drug assessment and treatment program provided by the South 7 Carolina Department Division of Alcohol and Other Drug Abuse 8 Services or an equivalent program designated by that agency; 9 and” 10 SECTION 85. Section 56-1-1330 of the 1976 Code is 11 amended to read: 12 “Section 56-1-1330. The provisional driver’s license provision 13 must include a mandatory requirement that the applicant enroll in 14 an Alcohol and Drug Safety Action Program certified by the 15 Department Division of Alcohol and Other Drug Abuse Services 16 and successfully complete services pursuant to the requirements 17 specified in Section 56-5-2990. If the applicant fails to complete 18 successfully the services as directed by the Alcohol and Drug 19 Safety Action Program, the Department Division of Alcohol and 20 Other Drug Abuse Services shall notify the department, the 21 provisional driver’s license issued by the department must be 22 revoked, and the suspension imposed for the full period specified 23 in Section 56-5-2990, which shall begin on date of notification to 24 the individual.” 25 SECTION 86. Section 56-5-2990 of the 1976 Code is 26 amended to read: 27 “Section 56-5-2990. (A) The department shall suspend the 28 driver’s license of a person who is convicted, receives sentence 29 upon a plea of guilty or of nolo contendere, or forfeits bail posted 30 for a violation of Section 56-5-2930, 56-5-2933, or for the 31 violation of another law or ordinance of this State or of a 32 municipality of this State that prohibits a person from driving a 33 motor vehicle while under the influence of intoxicating liquor, 34 drugs, or narcotics for six months for the first conviction, plea of 35 guilty or of nolo contendere, or forfeiture of bail; one year for the 36 second conviction, plea of guilty or of nolo contendere, or 37 forfeiture of bail; two years for the third conviction, plea of guilty 38 or of nolo contendere, or forfeiture of bail; and a permanent 39 revocation of the driver’s license for the fourth or subsequent 40 conviction, plea of guilty or of nolo contendere, or forfeiture of 41 bail. Only those violations which occurred within ten years 42 including and immediately preceding the date of the last violation 43 shall constitute prior violations within the meaning of this section.
1 [80-177] 1 However, if the third conviction occurs within five years from the 2 date of the first offense, then the department shall suspend the 3 driver’s license for four years. A person whose license is revoked 4 following conviction for a fourth offense as provided in this 5 section is forever barred from being issued any license by the 6 Department of Public Safety to operate a motor vehicle except as 7 provided in Section 56-1-385. 8 (B) A person whose license is suspended under the provisions 9 of this section, Section 56-1-286, or Section 56-5-2951 must be 10 notified by the department of the suspension and of the 11 requirement to enroll in and successfully complete an Alcohol and 12 Drug Safety Action Program certified by the Department Division 13 of Alcohol and Other Drug Abuse Services in the Department of 14 Behavioral Health Services. A person who must complete an 15 Alcohol and Drug Safety Action Program as a condition of 16 reinstatement of his driving privileges or a court-ordered drug 17 program may use the route restricted or special restricted driver’s 18 license to attend the Alcohol and Drug Safety Action Program 19 classes or court-ordered drug program in addition to the other 20 permitted uses of a route restricted driver’s license or a special 21 restricted driver’s license. An assessment of the extent and nature 22 of the alcohol and drug abuse problem, if any, of the applicant 23 must be prepared and a plan of education or treatment, or both, 24 must be developed for the applicant. Entry into and successful 25 completion of the services, if the services are necessary, 26 recommended in the plan of education or treatment, or both, 27 developed for the applicant is a mandatory requirement of the 28 restoration of driving privileges to the applicant whose license is 29 suspended pursuant to this section. The Alcohol and Drug Safety 30 Action Program shall determine if the applicant has successfully 31 completed the services. Alcohol and Drug Safety Action Programs 32 shall meet at least once a month. The person whose license is 33 suspended must attend the first Alcohol and Drug Safety Action 34 Program available after the date of enrollment. 35 (C) The Department Division of Alcohol and Other Drug 36 Abuse Services shall determine the cost of services provided by 37 each certified Alcohol and Drug Safety Action Program. Each 38 applicant shall bear the cost of services recommended in the 39 applicant’s plan of education or treatment. The cost may shall not 40 exceed five hundred dollars for education services, two thousand 41 dollars for treatment services, and two thousand five hundred 42 dollars in total for all services. No applicant may be denied 43 services due to an inability to pay. Inability to pay for services
1 [80-178] 1 may shall not be used as a factor in determining if the applicant 2 has successfully completed services. An applicant who is unable 3 to pay for services shall perform fifty hours of community service 4 as arranged by the Alcohol and Drug Safety Action Program, 5 which may use the completion of this community service as a 6 factor in determining if the applicant has successfully completed 7 services. The Department Division of Alcohol and Other Drug 8 Abuse Services will report annually to the House Ways and Means 9 Committee and Senate Finance Committee on the number of first 10 and multiple offenders completing the Alcohol and Drug Safety 11 Action Program, the amount of fees collected and expenses 12 incurred by each Alcohol and Drug Safety Action Program, and 13 the number of community service hours performed in lieu of 14 payment. 15 (D) If the applicant has not successfully completed the services 16 as directed by the Alcohol and Drug Safety Action Program within 17 one year of enrollment, a hearing must be provided by the Alcohol 18 and Drug Safety Action Program whose decision is appealable to 19 the Department Division of Alcohol and Other Drug Abuse 20 Services. If the applicant is unsuccessful in the Alcohol and Drug 21 Safety Action Program, the department may restore the privilege to 22 drive a motor vehicle upon the recommendation of the Medical 23 Advisory Board as utilized by the department if it determines 24 public safety and welfare of the petitioner may shall not be 25 endangered. 26 (E) The department and the Department Division of Alcohol 27 and Other Drug Abuse Services shall develop procedures 28 necessary for the communication of information pertaining to 29 relicensing, or otherwise. These procedures must be consistent 30 with the confidentiality laws of the State and the United States. If 31 the drivers license of any person is suspended by authority of this 32 section, no insurance company may refuse to issue insurance to 33 cover the remaining members of his family, but the insurance 34 company is not liable for any actions of the person whose license 35 has been suspended or who has voluntarily turned his license in to 36 the department. 37 (F) Except as provided for in Section 56-1-365(D) and (E), the 38 driver’s license suspension periods under this section begin on the 39 date the person is convicted, receives sentence upon a plea of 40 guilty or of nolo contendere, or forfeits bail posted for the violation 41 of Section 56-5-2930, 56-5-2933, or for the violation of any other 42 law of this State or ordinance of a county or municipality of this 43 State that prohibits a person from operating a motor vehicle while
1 [80-179] 1 under the influence of intoxicating liquor, drugs, or narcotics; 2 however, a person is not prohibited from filing a notice of appeal 3 and receiving a certificate which entitles him to operate a motor 4 vehicle for a period of sixty days after the conviction, plea of 5 guilty or nolo contendere, or bail forfeiture pursuant to Section 6 56-1-365(F).” 7 SECTION 87. Section 56-21-70 of the 1976 Code is amended 8 to read: 9 “Section 56-21-70. The South Carolina Department Division of 10 Mental Health in the Department of Behavioral Health Services 11 may adopt and promulgate rules and regulations governing and 12 controlling use of the roads, streets, and parking facilities by 13 operators of vehicles within the area and lands of the State 14 Hospital and Midlands Center. No such These rules and 15 regulations shall must not be in conflict with any state law on the 16 subject, all of such these state laws being hereby declared in force 17 and applicable to the roads, streets, and parking facilities under the 18 control and authority of the Department division. Copies of the 19 rules and regulations shall must be filed with the administrative 20 heads of both institutions, the Secretary of State, the Code 21 Commissioner, the city City of Columbia and the magistrate’s 22 office in upper township in Richland County.” 23 SECTION 88. Section 59-20-41 of the 1976 Code is amended 24 to read: 25 “Section 59-20-41. Notwithstanding any other provision of law: 26 All, all school districts providing educational services to children 27 admitted or committed to residential institutions of the Department 28 Division of Mental Health are authorized to count children 29 admitted or committed to residential institutions of the Department 30 Division of Mental Health from the first day of residency in such 31 institutions, provided, that the first day is within the particular 32 district’s school year. The inclusion of these children is for the 33 purpose of participation in the districts’ educational programs for 34 handicapped children supported under the Education Finance Act 35 of South Carolina.” 36 SECTION 89. Section 59-36-20 of the 1976 Code is amended 37 to read: 38 “Section 59-36-20. The State Board of Education and the 39 State Department of Education are responsible for establishing a 40 comprehensive system of special education and related services 41 and for ensuring that the requirements of the Federal Individuals 42 with Disabilities Education Act are carried out. Other state 43 agencies which provide services for children with disabilities are
1 [80-180] 1 directed to cooperate in the establishment and support of the 2 system. Agencies with responsibilities under this chapter include: 3 the Department of Mental Retardation Disabilities and Special 4 Needs, the School for the Deaf and the Blind, the Commission for 5 the Blind, the Department of Health and Environmental Control, 6 the Department Division of Mental Health in the Department of 7 Behavioral Health Services, the State Department of Social 8 Services, the Division of the Continuum of Care in the Department 9 of Behavioral Health Services, and the State Department of 10 Education. 11 All public education programs for children with disabilities 12 within the State, including all programs administered by any other 13 state or local agency, are under the general supervision of the 14 persons responsible for education programs for children with 15 disabilities in the State Department of Education and must meet 16 the standards of the State Board of Education. 17 No provision of this section or of this chapter may be construed 18 to limit the responsibilities of agencies other than the Department 19 of Education from providing or paying for some or all of the cost 20 of services to be provided the state’s children with disabilities and 21 the level of service must, at a minimum, be similar to that provided 22 individuals with similar needs. If agencies are unable to agree on 23 responsibilities for a particular child, the issue must be decided by 24 the Children’s Case Resolution System, Section 20-7-5210, et 25 seq.” 26 SECTION 90. Section 59-150-230(I) of the 1976 Code is 27 amended to read: 28 “(I) Unclaimed prize money must be deposited in the Education 29 Lottery Account each year. A portion of the unclaimed prize 30 money, in an amount to be determined by the General Assembly in 31 its annual general appropriations bill and other bills appropriating 32 monies for previous or current fiscal years, must be allocated to the 33 Department of Education for the purchase of new school buses. A 34 portion, in an amount to be determined by the General Assembly, 35 of the unclaimed prize money in the Education Lottery Account, 36 must be allocated by the General Assembly in its annual general 37 appropriations bill or any bill appropriating monies for previous or 38 current fiscal years to the South Carolina Department Division of 39 Alcohol and Other Drug Abuse Services or an established 40 nonprofit public or private agency recognized as an affiliate of the 41 National Council on Problem Gambling to receive monies from 42 the fund for the prevention and treatment of compulsive gambling 43 disorder and educational programs related to that disorder,
1 [80-181] 1 including a gambling hotline, to be used for prevention programs 2 including, in part or in totality, mass media communications. 3 Nothing in this section prevents the State Budget and Control 4 Board from contracting with any combination of agencies which 5 meet the criteria provided for in this section, including a 6 combination that includes the Department Division of Alcohol and 7 Other Drug Abuse Services for the treatment of compulsive 8 gambling disorder and educational programs related to that 9 disorder, including a gambling hotline. Semi-annually, the director 10 of the selected agency shall report to the board on the programs 11 implemented with these funds, including nonidentifying statistical 12 information pertaining to persons served by these programs. The 13 director of the agency also shall provide a copy of the report to the 14 General Assembly promptly upon receipt of the semi-annual 15 reports.” 16 SECTION 91. Section 61-12-20 of the 1976 Code is amended 17 to read: 18 “Section 61-12-20. Before the use of the revenue described in 19 Section 61-12-10, the governing body of each county must: 20 (a) designate a single existing county agency or 21 organization, either public or private, as the sole agency in the 22 county for alcohol and drug abuse planning for programs funded 23 by the revenue described in Section 61-12-10 or create a new 24 agency for that purpose; and 25 (b) develop a county plan in accordance with the state plan 26 for alcohol abuse and alcoholism and the state plan for drug abuse 27 required by Public Laws 91-616 and 92-255 for the prevention and 28 control of alcohol and drug abuse and obtain written approval of 29 the plan by the Department Division of Alcohol and Other Drug 30 Abuse Services. Written approval must be given by the 31 Department Division of Alcohol and Other Drug Abuse Services if 32 the plan is reasonable. If approval is denied, the county may appeal 33 to the Governor. The appeal must state fully the reasons why it is 34 made. If the Governor considers the nonapproval of the plan by the 35 Department Division of Alcohol and Other Drug Abuse Services 36 to be unreasonable, he must communicate his reasons to the 37 Department Division of Alcohol and Other Drug Abuse Services 38 and require it to reexamine the plan in light of his objections. 39 Following the reexamination, no further appeal may be taken.” 40 SECTION 92. Section 61-12-50 of the 1976 Code is amended 41 to read: 42 “Section 61-12-50. Each county governing body must:
1 [80-182] 1 (a) establish methods of administration necessary for the 2 proper and efficient operation of the programs and services or 3 projects, including the provision of annual reports of progress 4 toward implementing county plans to the Department Division of 5 Alcohol and Other Drug Abuse Services; and 6 (b) provide for accounting procedures necessary to assure 7 proper disbursement of and accounting for the funds, including an 8 annual audit of fiscal records, a copy of which must be furnished 9 to the Department Division of Alcohol and Other Drug Abuse 10 Services.” 11 SECTION 93. Section 62-5-105 of the 1976 Code is amended 12 to read: 13 “Section 62-5-105. If a patient of a state mental health facility 14 has no legally appointed conservator, the Director of the 15 Department Division Chief of the Division of Mental Health or his 16 designee may receive and accept for the use and benefit of that 17 patient a sum of money, not in excess of the sum of ten thousand 18 dollars in one calendar year, which may be due the patient or 19 trainee by inheritance, gift, pension, or otherwise. The director or 20 his designee may act as conservator for the patient and his 21 endorsement or receipt discharges the obligor for the sum received. 22 Upon receipt of these funds the director or his designee shall use it 23 for the proper maintenance, use, and benefit of the patient or as 24 much of the fund as may be necessary for these purposes. In the 25 event the patient dies leaving an unexpended balance of these 26 funds in the hands of the director or his designee, he shall apply 27 the balance first to the funeral expenses of the patient or trainee, 28 and any balance remaining must be held by the director or his 29 designee for a period of six months, and if he is not within this 30 period, contacted by the personal representative of the deceased 31 patient, the balance in the personal fund account must be applied to 32 the maintenance and medical care account of the deceased 33 patient.” 34 Subpart 2 35 SECTION 1. The Code Commissioner is directed to change or 36 correct all references to the Department of Alcohol and other Drug 37 Abuse Services, the Continuum of Care, and the Department of 38 Mental Health in the 1976 Code to reflect the transfer of these 39 departments and programs to divisions of the Department of 40 Behavioral Health Services and the transfer of the Babynet 41 Services program to the Department of Disabilities and Special 42 Needs. References to the names of these transferred departments
1 [80-183] 1 in the 1976 Code or other provisions of law are considered to be 2 and must be construed to mean appropriate references. 3 SECTION 2. Unless otherwise provided in this part, the 4 provisions of this part take effect on July 1, 2006. 5 PART V 6 Department of Health Oversight and Finance 7 SECTION 1. Section 9-1-1870 of the 1976 Code is amended to 8 read: 9 “Section 9-1-1870. Notwithstanding any other provision of law, 10 except as provided below, retirees and beneficiaries under the State 11 Retirement Systems receiving Medicaid (Title XIX) sponsored 12 nursing home care as of June thirtieth of the prior fiscal year shall 13 receive no increase in retirement benefits during the current fiscal 14 year. However, a retired employee affected by the above 15 prohibition may receive the scheduled increase if he is discharged 16 from the nursing home and does not require admission to a 17 hospital or nursing home within six months. The Department of 18 Health and Human Services Oversight and Finance, the 19 Department of Social Services, and the State Retirement Systems 20 must share the information needed to implement this section.” 21 SECTION 2. Section 9-11-315 of the 1976 Code is amended to 22 read: 23 “Section 9-11-315. Notwithstanding any other provision of law, 24 except as provided below, retirees and beneficiaries under the 25 Police Officers Retirement System receiving Medicaid (Title XIX) 26 sponsored nursing home care as of June thirtieth of the prior fiscal 27 year shall receive no increase in retirement benefits during the 28 current fiscal year. However, a retired employee affected by the 29 above prohibition may receive the scheduled increase if he is 30 discharged from the nursing home and does not require admission 31 to a hospital or nursing home within six months. The Department 32 of Health and Human Services Oversight and Finance, the 33 Department of Social Services, and the State Retirement Systems 34 must share the information needed to implement this section.” 35 SECTION 3. Section 11-7-40 of the 1976 Code is amended to 36 read: 37 “Section 11-7-40. The State Auditor shall bill the South 38 Carolina Department of Health and Human Services Oversight and 39 Finance monthly for fifty percent of the costs incurred by the State 40 Auditor in conducting the medical assistance audit. The amount 41 billed by the State Auditor must include those appropriated salary 42 adjustments and employer contributions allowable under the 43 Medicaid program. The Department of Health and Human
1 [80-184] 1 Services Oversight and Finance shall remit the amount billed to the 2 credit of the general fund of the State.” 3 SECTION 4. Section 12-54-240(B)(23) of the 1976 Code is 4 amended to read: 5 “(23) disclosure of any information on any return that has been 6 filed with the Department of Revenue to the Department of Health 7 and Human Services Oversight and Finance for the purpose of 8 verifying Medicaid eligibility.” 9 SECTION 5. Sections 20-7-2640(B) and (C) of the 1976 Code 10 are amended to read: 11 “(B) The Department of Health and Human Services Oversight 12 and Finance shall consider the holder of medical assistance 13 identification pursuant to this section as any other holder of 14 medical assistance identification under the laws of this State and 15 shall process and make payment on claims on account of the 16 holder in the same manner and pursuant to the same conditions and 17 procedures as for other recipients of medical assistance. 18 (C) The Department of Health and Human Services Oversight 19 and Finance or the Department of Social Services shall provide 20 coverage and benefits for a child who is in another state and who is 21 covered by an adoption assistance agreement made by the 22 department for the coverage or benefits, if any, not provided by the 23 residence state. To this end, the adoptive parents acting for the 24 child may submit evidence of payment for services or benefit 25 amounts not payable in the residence state and must be reimbursed 26 for them. However, there is no reimbursement for services or 27 benefit amounts covered under insurance or other third party 28 medical contract or arrangement held by the child or the adoptive 29 parents. The department shall promulgate regulations 30 implementing this subsection. The additional coverages and 31 benefit amounts provided pursuant to this subsection are for the 32 costs of services for which there is no federal contribution, or 33 which, if federally aided, are not provided by the residence state. 34 The regulations must include, but are not limited to, procedures to 35 be followed in obtaining prior approval for services in those 36 instances where required for the assistance.” 37 SECTION 6. Section 20-7-9710(F)(c) of the 1976 Code is 38 amended to read: 39 “(c) Department of Health and Human Services Oversight and 40 Finance or his designee;” 41 SECTION 7. Section 38-55-530(A) of the 1976 Code is 42 amended to read:
1 [80-185] 1 “(A) ‘Authorized agency’ means any duly constituted criminal 2 investigative department or agency of the United States or of this 3 State; the Department of Insurance; the Department of Revenue; 4 the Department of Public Safety; the Workers’ Compensation 5 Commission; the State Accident Fund; the Second Injury Fund; 6 the Employment Security Commission; the Department of 7 Consumer Affairs; the Human Affairs Commission; the 8 Department of Health and Environmental Control; the Department 9 of Social Services; the Department of Health and Human Services 10 Oversight and Finance; the Department of Labor, Licensing and 11 Regulation; all other state boards, commissions, and agencies; the 12 Office of the Attorney General of South Carolina; or the 13 prosecuting attorney of any judicial circuit, county, municipality, 14 or political subdivision of this State or of the United States, and 15 their respective employees or personnel acting in their official 16 capacity.” 17 SECTION 8. Section 43-5-1280 of the 1976 Code is amended 18 to read: 19 “Section 43-5-1280. The Department of Social Services and 20 the Department of Health and Human Services Finance 21 Commission Oversight and Finance shall review and, to the extent 22 possible, ensure that federal and state procurement and purchasing 23 regulations do not unnecessarily delay services to AFDC clients 24 and child care and transportation providers to AFDC clients.” 25 SECTION 9. Section 43-7-60(E) of the 1976 Code is amended 26 to read: 27 “(E) In addition to all other remedies provided by law, the 28 Attorney General may bring an action to recover damages equal to 29 three times the amount of an overstatement or overpayment and 30 the court may impose a civil penalty of two thousand dollars for 31 each false claim, representation, or overstatement made to a state 32 or federal agency which administers funds under the state’s 33 Medicaid program. Upon a finding that the provider has violated a 34 provision of this section, the state agency which administers the 35 Medicaid program may impose other administrative sanctions 36 against the provider authorized by law. A civil or criminal action 37 brought under this section may be filed or brought in either the 38 county where the false claim, statement, or representation 39 originated or in the county in which the false claim, statement, or 40 representation was received by the Health and Human Services 41 Finance Commission Department of Health Oversight and Finance 42 or other agency of the State responsible for administering the 43 state’s Medicaid Program.”
1 [80-186] 1 SECTION 10. Sections 43-7-410(B) and (C) of the 1976 Code 2 are amended to read: 3 “(B) ‘Commission’ ‘Department’ means the State Health and 4 Human Services Finance Commission Department of Health 5 Oversight and Finance. 6 (C) ‘Medicaid’ means the medical assistance program 7 authorized by Title XIX of the Social Security Act and 8 administered by the State Health and Human Services Finance 9 Commission Department of Health Oversight and Finance.” 10 SECTION 11. Section 43-7-420 of the 1976 Code is amended 11 to read: 12 “Section 43-7-420. (A) Every applicant or recipient, only to the 13 extent of the amount of the medical assistance paid by Medicaid, 14 shall be deemed to have assigned his rights to recover such 15 amounts so paid by Medicaid from any third party or private 16 insurer to the State Health and Human Services Finance 17 Commission Department of Health Oversight and Finance. This 18 assignment shall not include rights to Medicare benefits. The 19 applicant or recipient shall cooperate fully with the State Health 20 and Human Services Finance Commission Department of Health 21 Oversight and Finance in its efforts to enforce its assignment 22 rights. 23 (B) An applicant’s and recipient’s determination of, and 24 continued eligibility for, medical assistance under Medicaid is 25 contingent upon his cooperation with the Commission department 26 in its efforts to enforce its assignment rights. Cooperation 27 includes, but is not limited to, reimbursing the Commission 28 department from proceeds or payments received by the applicant 29 or recipient from any third party or private insurer. 30 (C) Every applicant or recipient is considered to have 31 authorized all persons, including insurance companies and 32 providers of medical care, to release to the Commission 33 department all information needed to enforce the assignment rights 34 of the Commission department.” 35 SECTION 12. Section 43-7-430 of the 1976 Code is amended 36 to read: 37 “Section 43-7-430. (A) The State Health and Human Services 38 Finance Commission Department of Health Oversight and Finance 39 shall be automatically subrogated, only to the extent of the amount 40 of medical assistance paid by Medicaid, to the rights an applicant 41 or recipient may have to recover such amounts so paid by 42 Medicaid from any third party or private insurer. The applicant or 43 recipient shall cooperate fully with the State Health and Human
1 [80-187] 1 Services Finance Commission Department of Health Oversight 2 and Finance and shall do nothing after medical assistance is 3 provided to prejudice the subrogation rights of the State Health and 4 Human Services Finance Commission Department of Health 5 Oversight and Finance. 6 (B) An applicant’s and recipient’s determination of, and 7 continued eligibility for, medical assistance under Medicaid is 8 contingent upon his cooperation with the Commission department 9 in its efforts to enforce its subrogation rights. Cooperation 10 includes, but is not limited to, reimbursing the Commission 11 department from proceeds or payments received by the recipient 12 from any third party or private insurer. 13 (C) Every applicant or recipient is considered to have 14 authorized all persons, including insurance companies and 15 providers of medical care, to release to the Commission 16 department all information needed to enforce the subrogation 17 rights of the Commission department.” 18 SECTION 13. Section 43-7-440 of the 1976 Code is amended 19 to read: 20 “Section 43-7-440. (A) The Commission department, to enforce 21 its assignment or subrogation rights, may take any one, or any 22 combination of, the following actions: 23 (1) intervene or join in an action or proceeding brought by 24 the applicant or recipient against any third party, or private insurer, 25 in state or federal court. 26 (2) commence and prosecute legal proceedings against any 27 third party or private insurer who may be liable to any applicant or 28 recipient in state or federal court, either alone or in conjunction 29 with the applicant or recipient, his guardian, personal 30 representative of his estate, dependents, or survivors; 31 (3) commence and prosecute legal proceedings against any 32 third party or private insurer who may be liable to an applicant or 33 recipient, or his guardian, personal representative of his estate, 34 dependents, or survivors; 35 (4) commence and prosecute legal proceedings against any 36 applicant or recipient; 37 (5) settle and compromise any amount due to the State 38 Health and Human Services Finance Commission Department of 39 Health Oversight and Finance under its assignment and 40 subrogation rights. Provided, further, any representative or 41 attorney retained by an applicant or recipient shall not be 42 considered liable to State Health and Human Services Finance 43 Commission the Department of Health Oversight and Finance for
1 [80-188] 1 improper settlement, compromise or disbursement of funds unless 2 he has written notice of State Health and Human Services Finance 3 Commission’s the Department of Health Oversight and Finance’s 4 assignment and subrogation rights prior to disbursement of funds; 5 (6) reduce any amount due to the State Health and Human 6 Services Finance Commission Department of Health Oversight 7 and Finance by twenty-five percent if the applicant or recipient has 8 retained an attorney to pursue the applicant’s or recipient’s claim 9 against a third party or private insurer, that amount to represent the 10 State Health and Human Services Finance Commission’s 11 Department of Health Oversight and Finance’s share of attorney’s 12 fees paid by the applicant or recipient. Additionally, the State 13 Health and Human Services Finance Commission Department of 14 Health Oversight and Finance may, in its discretion, share in other 15 costs of litigation by reducing the amount due it by a percentage of 16 those costs, the percentage calculated by dividing the amount due 17 the State Health and Human Services Finance Commission 18 Department of Health Oversight and Finance by the total 19 settlement received from the third party or private insurer. 20 Provided, further, any representative or attorney retained by an 21 applicant or recipient shall not be considered liable to State Health 22 and Human Services Finance Commission the Department of 23 Health Oversight and Finance for improper settlement, 24 compromise, or disbursement of funds unless he has written notice 25 by certified mail of State Health and Human Services Finance 26 Commission’s the Department of Health Oversight and Finance’s 27 assignment and subrogation rights prior to disbursement of funds. 28 (B) Providers and practitioners who participate in the Medicaid 29 program shall cooperate with the Commission department in the 30 identification of third parties whom they have reason to believe 31 may be liable to pay all or part of the medical costs of the injury, 32 disease, or disability of an applicant or recipient. 33 (C) Any provision in the contract of a private insurer issued or 34 renewed after June 11, 1986, which denies or reduces benefits 35 because of the eligibility of the insured to receive assistance under 36 Medicaid, is null and void. 37 In enrolling a person or in making payments for benefits to a 38 person or on behalf of a person, no private insurer may take into 39 account that the person is eligible for or is provided medical 40 assistance under a State Plan for Medical Assistance pursuant to 41 Title XIX of the Social Security Act. 42 (D) The assignment and subrogation rights of the Commission 43 department are superior to any right of reimbursement,
1 [80-189] 1 subrogation, or indemnity of any third party or recipient. 2 Provided, further, any representative or attorney retained by an 3 applicant or recipient shall not be considered liable to State Health 4 and Human Services Finance Commission the Department of 5 Health Oversight and Finance for improper settlement, 6 compromise, or disbursement of funds unless he has written notice 7 of State Health and Human Services Finance Commission’s the 8 Department of Health Oversight and Finance’s assignment and 9 subrogation rights prior to disbursement of funds. 10 In a case where a third party has a legal liability to make 11 payments for medical assistance to or on behalf of a person, to the 12 extent that payment has been made under a State Plan for Medical 13 Assistance pursuant to Title XIX of the Social Security Act for 14 health care items or services furnished to the person, the State is 15 considered to have acquired the rights of the person to payment by 16 any other party for the health care items or services.” 17 SECTION 14. Sections 43-7-460(A) and (G) of the 1976 18 Code are amended to read: 19 “(A) The State Department of Health and Human Services 20 Oversight and Finance shall seek recovery of medical assistance 21 paid under the Title XIX State Plan for Medical Assistance from 22 the estate of an individual who: 23 (1) at the time of death was an inpatient in a nursing facility, 24 intermediate care facility for the mentally retarded, or other 25 medical institution if the individual is required, as a condition of 26 receiving services in the facility under the state plan, to spend for 27 costs of medical care all but a minimal amount of the person’s 28 income required for personal needs; or 29 (2) was fifty-five years of age or older when the individual 30 received medical assistance, but only for medical assistance 31 consisting of nursing facility services, home and community-based 32 services, and hospital and prescription drug services provided to 33 individuals in nursing facilities or receiving home and 34 community-based services. 35 (G) Notwithstanding subsection (A)(2) upon the enactment of 36 any amendments to federal law which grants states the option to 37 exempt home and community-based services or other 38 noninstitutional Medicaid services from the estate recovery 39 provisions mandated by Section 13612 of the federal Omnibus 40 Budget Reconciliation Act of 1993, the State Health and Human 41 Services Finance Commission Department of Health Oversight 42 and Finance shall seek recovery of medical assistance paid under
1 [80-190] 1 the Title XIX State Plan for Medical Assistance from the estate of 2 an individual who: 3 (1) at the time of death was an inpatient in a nursing facility, 4 intermediate care facility for the mentally retarded, or other 5 medical institution if the individual is required, as a condition of 6 receiving services in the facility under the state plan, to spend for 7 costs of medical care all but a minimal amount of the person’s 8 income required for personal needs; or 9 (2) was fifty-five years of age or older when the individual 10 received medical assistance but only for medical assistance 11 consisting of nursing facility services.” 12 SECTION 15. Sections 44-6-5(1) and (4) of the 1976 Code 13 are amended to read: 14 “(1) ‘Department’ means the State Department of Health and 15 Human Services Oversight and Finance. 16 (4) ‘Market basket index’ means the index used by the federal 17 government on January 1, 1986, to measure the inflation in 18 hospital input prices for Medicare reimbursement. If that measure 19 ceases to be calculated in the same manner, the market basket 20 index must be developed and regulations must be promulgated by 21 the commission department using substantially the same 22 methodology as the federal market basket uses on January 1, 1986. 23 Prior to submitting the regulations concerning the index to the 24 General Assembly for approval pursuant to the Administrative 25 Procedures Act, the department shall submit them to the Health 26 Care Planning and Oversight Committee for review.” 27 SECTION 16. Section 44-6-10 of the 1976 Code is amended 28 to read: 29 “Section 44-6-10. There is created the State Department of 30 Health and Human Services Oversight and Finance which shall be 31 headed by a Director appointed by the Governor, upon the advice 32 and consent of the Senate. The director is subject to removal by 33 the Governor pursuant to the provisions of Section 1-3-240.” 34 SECTION 17. Section 44-6-45 of the 1976 Code is amended 35 to read: 36 “Section 44-6-45. The State Department of Health and Human 37 Services Oversight and Finance may collect administrative fees 38 associated with accounts receivable for those individuals or entities 39 which negotiate repayment to the agency. The administrative fee 40 may not exceed one and one-half percent of the amounts 41 negotiated and must be remitted to the State Treasurer and 42 deposited to the credit of the general fund of the State.”
1 [80-191] 1 SECTION 18. Section 44-6-140(A)(2) of the 1976 Code is 2 amended to read: 3 “(2) payment on a timely basis to the hospital by the 4 commission department or patient or both, of the maximum 5 allowable payment amount determined by the commission 6 department; and” 7 SECTION 19. Section 44-6-146(A) of the 1976 Code is 8 amended to read: 9 “(A) Every fiscal year the State Treasurer shall withhold from 10 the portion of the Local Government Fund allotted to the counties 11 a sum equal to fifty cents per capita based on the population of the 12 several counties as shown by the latest official census of the 13 United States. The money withheld by the State Treasurer must be 14 placed to the credit of the commission department and used to 15 provide Title XIX (Medicaid) services.” 16 SECTION 20. Section 44-6-170(B)(14) of the 1976 Code is 17 amended to read: 18 “(14) the executive director or his designee of the State 19 Department of Health and Human Services Oversight and 20 Finance;” 21 SECTION 21. Section 44-6-400(1) of the 1976 Code is 22 amended to read: 23 “(1) ‘Department’ means the Department of Health and 24 Human Services Oversight and Finance.” 25 SECTION 22. Section 44-6-530 of the 1976 Code is amended 26 to read: 27 “Section 44-6-530. Before instituting an action under this 28 article, the Department of Health and Human Services Oversight 29 and Finance shall determine if the Secretary of the United States 30 Department of Health and Human Services has jurisdiction under 31 federal law. In such cases, it shall coordinate its efforts with the 32 secretary to maintain an action against the nursing home. In an 33 action against a nursing home owned and operated by the State of 34 South Carolina, the secretary has exclusive jurisdiction.” 35 SECTION 23. Section 44-6-620 of the 1976 Code is amended 36 to read: 37 “Section 44-6-620. For purposes of this article: 38 (1) ‘Department’ means the Department of Health and Human 39 Services Oversight and Finance. 40 (2) ‘Prescription drugs’ means outpatient prescription drugs, 41 that have been approved as safe and effective by the United States 42 Food and Drug Administration, including insulin syringes, insulin
1 [80-192] 1 needles, and insulin. ‘Prescription drugs’ do not include 2 experimental drugs and over-the-counter pharmaceutical products. 3 (3) ‘Program’ means the South Carolina Retirees and 4 Individuals Pooling Together for Savings (SCRIPTS) program 5 created pursuant to this article.” 6 SECTION 24. Section 44-6-630 of the 1976 Code is amended 7 to read: 8 “Section 44-6-630. There is created within the Department of 9 Health and Human Services Oversight and Finance the South 10 Carolina Retirees and Individuals Pooling Together for Savings 11 (SCRIPTS) program. The program must combine the purchasing 12 power of all South Carolina citizens sixty-five years of age and 13 older who enroll in the program to reduce their prescription drug 14 costs. Where possible, without violation of federal law, the 15 department shall combine negotiating power for the program with 16 negotiating power for pharmaceutical pricing and rebates which 17 may exist now or in the future.” 18 SECTION 25. Section 44-6-640(A) of the 1976 Code is 19 amended to read: 20 “(A) This program must be administered by the Department of 21 Health and Human Services Oversight and Finance. The 22 department may designate, or enter into contracts with, other 23 entities including, but not limited to, other states, other 24 governmental purchasing pools, and nonprofit organizations to 25 assist in the administration of this program.” 26 SECTION 26. Sections 44-6-720(B)(4)(b)(iv) and (B)(5) of 27 the 1976 Code are amended to read: 28 “(iv)other deductions provided in regulations of the State 29 Health and Human Services Finance Commission Department of 30 Health Oversight and Finance; 31 (5) upon the death of the beneficiary, a remainder interest in 32 the corpus of the trust passes to the State Health and Human 33 Services Finance Commission Department of Health Oversight 34 and Finance. The commission department shall remit the state 35 share of the trust to the general fund; and” 36 SECTION 27. Section 44-6-730 of the 1976 Code is amended 37 to read: 38 “Section 44-6-730. The State Health and Human Services 39 Finance Commission Department of Health Oversight and Finance 40 shall promulgate regulations as are necessary for the 41 implementation of this article and as are necessary to comply with 42 federal law. In addition, the commission department shall amend
1 [80-193] 1 the state Medicaid plan in a manner that is consistent with this 2 article.” 3 SECTION 28. Sections 44-7-84(A) and (B) of the 1976 Code 4 are amended to read: 5 “(A) In the annual appropriations act, the General Assembly 6 shall establish the maximum number of Medicaid patient days for 7 which the department is authorized to issue Medicaid nursing 8 home permits. The State Department of Health and Human 9 Services Oversight and Finance shall provide the number of 10 Medicaid patient days available to the department within thirty 11 days after the effective date of the annual appropriations act. 12 (B) Based on a method the department develops for 13 determining the need for nursing home care for Medicaid patients 14 in each area of the State, the department shall determine the 15 distribution of Medicaid patient days for which Medicaid nursing 16 home permits can be issued. Nursing homes holding a Medicaid 17 nursing home permit must be allocated Medicaid days based on 18 their current allocation and available funds. Requests for days 19 must be submitted to the department no later than June fifteenth 20 each year. The application must state the specific number of 21 Medicaid patient days the nursing home will provide. If a nursing 22 home requests fewer days than the previous year, those days first 23 must be offered to the facilities within the same county currently 24 holding a Medicaid nursing home permit. However, if Medicaid 25 patient days remain available after being offered to those nursing 26 homes currently holding a Medicaid patient days permit in that 27 county, then existing nursing homes with a restricted Certificate of 28 Need, within the same county, may apply for a Medicaid nursing 29 home permit to receive the Medicaid patient days remaining 30 available. Following the initial allocation of Medicaid patient 31 days, any additional Medicaid patient days available must be 32 credited to a statewide pool and must be available based on the 33 percent of need indicated by the Community Long Term Care 34 waiting list. If a nursing home has provided fewer Medicaid 35 patient days than allowable under the Medicaid nursing home 36 permit program, the department may issue a Medicaid nursing 37 home permit for fewer days than requested in order to ensure that 38 the nursing home will serve the minimum number of Medicaid 39 patients. If a nursing home has its Medicaid patient days reduced, 40 the freed days first must be offered to other facilities in the same 41 county before being offered to other nursing homes in the State. In 42 addition, a nursing home that fails to provide at least ten percent 43 fewer days than the number stated in its permit is not eligible to
1 [80-194] 1 receive additional Medicaid patient days the next year. The 2 department shall analyze the performance of nursing homes that 3 are under the permit minimum for a fiscal year, including 4 utilization data from the State Department of Health and Human 5 Services Oversight and Finance, anticipated back days, delayed 6 payments, CLTC waiting list, and other factors considered 7 significant by the department. Based on this analysis, if the 8 department determines that the nursing home remains out of 9 compliance, the nursing home must be fined by the same 10 percentages as provided for in Section 44-7-90 and is subject to 11 having its Medicaid patient days reduced. A nursing home which 12 terminates its Medicaid contract must not be penalized for not 13 meeting the requirements of this section if the nursing home was in 14 compliance with its permit at the time of the cancellation. 15 However, if the maximum number of Medicaid patient days 16 authorized by the General Assembly is decreased, the nursing 17 home may be required to absorb a proportionate decrease in its 18 Medicaid patient days’ allocation.” 19 SECTION 29. Section 44-7-90(A) of the 1976 Code is 20 amended to read: 21 “(A) Based on reports from the State Department of Health and 22 Human Services Oversight and Finance, the department shall 23 determine each nursing home’s compliance with its Medicaid 24 nursing home permit. Violations of this article include: 25 (1) a nursing home exceeding by more than ten percent the 26 number of Medicaid patient days stated in its permit; 27 (2) a nursing home failing to provide at least ten percent 28 fewer days than the number stated in its permit; or 29 (3) the provisions of any Medicaid patient days by a home 30 without a Medicaid nursing home permit.” 31 SECTION 30. Section 44-37-40(G) of the 1976 Code is 32 amended to read: 33 “(G) The department and the Department of Health and Human 34 Services Oversight and Finance shall establish procedures for 35 providing reimbursement for expenses incurred by entities 36 providing newborn hearing screenings under this section.” 37 SECTION 31. Section 44-38-30 of the 1976 Code is amended 38 to read: 39 “Section 44-38-30. (A) There is the South Carolina Head and 40 Spinal Cord Injury Information System Council established for the 41 purpose of overseeing the daily activities of the system which shall 42 be under the Head and Spinal Cord Injury Division of the 43 Department of Disabilities and Special Needs. The council is
1 [80-195] 1 composed of the following ex officio members or their designees: 2 the chairman, Developmental Disabilities Council, Office of the 3 Governor, the chairman of the Joint Committee to Study the 4 Problems of Persons with Disabilities, the State Director Division 5 Chief of the State Department Division of Mental Health, the 6 Commissioner of the Department of Vocational Rehabilitation, the 7 Director of the State Department of Disabilities and Special Needs, 8 the Director of the South Carolina Department of Health and 9 Environmental Control, the Director of the South Carolina 10 Department of Health and Human Services Oversight and Finance, 11 the Dean of the University of South Carolina School of Medicine, 12 the Dean of the Medical University of South Carolina, the 13 Executive Director of the South Carolina Hospital Association, 14 one representative from each of the head injury advocacy 15 organizations, and one individual with a spinal cord injury. The 16 council shall elect a chairman who may appoint such other 17 nonvoting members who may serve in an advisory capacity to the 18 council, including representatives from the private service delivery 19 sector. 20 (B) Members of the council shall receive no compensation, 21 including subsistence, per diem, or mileage for service on the 22 council.” 23 SECTION 32. Section 44-39-20(B)(1)(c) of the 1976 Code is 24 amended to read: 25 “(c) the Director of the State Department of Health and Human 26 Services Oversight and Finance;” 27 SECTION 33. Section 44-61-30(e) of the 1976 Code is 28 amended to read: 29 “(e) An Emergency Medical Services Advisory Council must be 30 established composed of representatives of the Department of 31 Health and Environmental Control, the South Carolina Medical 32 Association, the South Carolina Committee on Trauma, the South 33 Carolina Hospital Association, the South Carolina Heart 34 Association, the Medical University of South Carolina, the 35 University of South Carolina School of Medicine, the South 36 Carolina College of Emergency Physicians, the South Carolina 37 Emergency Nurses Association, the Emergency Management 38 Division of the Office of the Adjutant General, the South Carolina 39 Emergency Medical Services Association, the State Board for 40 Technical and Comprehensive Education, the Governor’s Office of 41 Highway Safety, the Department of Health and Human Services 42 Oversight and Finance, four regional Emergency Medical Services 43 councils, and one EMT first responder agency. Membership on
1 [80-196] 1 the council must be by appointment by the board. Three members 2 of the advisory council must be members of organized rescue 3 squads operating in this State, three members shall represent the 4 private emergency services systems, and three members shall 5 represent the county emergency medical services systems.” 6 SECTION 34. The last two unnumbered paragraphs of 7 Section 59-1-450 of the 1976 Code are amended to read: 8 “The State Board of Education, through the Department of 9 Education, in developing the regulations for this program shall 10 consult with representatives of the Department of Health and 11 Environmental Control, Department of Social Services, the South 12 Carolina State Library, and Health and Human Services Finance 13 Commission the Department of Health Oversight and Finance, and 14 with adult education and early childhood specialists. In 15 developing the regulations, the State Board and State Department 16 of Education shall consider the guidelines developed for the Target 17 2000 Act parenting programs and any available evaluation data. 18 By December, 1993, the chairman of the Human Services 19 Coordinating Council shall convene a committee consisting of 20 supervisors of programs dealing with early childhood and 21 parenting from the Department of Education, Department of 22 Health and Environmental Control, the Department of Social 23 Services, the South Carolina State Library, and the Health and 24 Human Services Finance Commission Department of Health 25 Oversight and Finance; at least one representative from each of 26 these agencies who administer these programs at the county and 27 district level; and adult education and early childhood specialists. 28 The Executive Director of the Finance Commission Department of 29 Health Oversight and Finance shall chair this committee. By July 30 1, 1994, this committee shall report to the Education Oversight 31 Committee and the Joint Committee on Children ways to better 32 coordinate programs for parenting and literacy and recommend 33 changes to each agency’s state regulations or provisions of law 34 which would better promote coordination of programs. The 35 Department of Health and Environmental Control, the Department 36 of Social Services, and the Health and Human Services Finance 37 Commission Department of Health Oversight and Finance shall 38 direct their employees at the county and district levels to cooperate 39 with school district officials in establishing parenting/family 40 literacy programs.” 41 SECTION 35. Section 59-123-60(I) of the 1976 Code is 42 amended to read:
1 [80-197] 1 “(I) Beginning in fiscal year 2000-2001 state appropriations to 2 the Medical University of South Carolina for support of the 3 Medical University hospitals and clinics shall be redirected to the 4 Department of Health and Human Services Oversight and Finance. 5 These funds shall be used as match funds for the disproportionate 6 share for the hospital’s federal program. Any excess funding may 7 be used for hospital base rate increases. Beginning in fiscal year 8 2000-2001 and in subsequent years, the Department of Health and 9 Human Services Oversight and Finance shall pay to the Medical 10 University of South Carolina Hospital Authority an amount equal 11 to the amount appropriated for its disproportionate share to the 12 Department of Health and Human Services Oversight and Finance. 13 This payment shall be in addition to any other funds that are 14 available to the authority from the Medicaid program inclusive of 15 the disproportionate share for the hospital’s federal program. The 16 authority shall continue to operate the hospital as a health provider 17 for the citizens of South Carolina and the clinical site for the 18 education and training programs of the Medical University of 19 South Carolina.” 20 SECTION 36. Section 59-123-125 of the 1976 Code is 21 amended to read: 22 “Section 59-123-125. The funds appropriated to the Medical 23 University of South Carolina for the ‘Rural Physician Program’ 24 shall be administered by the South Carolina Area Health Education 25 Consortium physician recruitment office. The Medical University 26 of South Carolina shall be responsible for the fiscal management 27 of funds to ensure that state policies and guidelines are adhered to. 28 A board is hereby created to manage and allocate these funds in 29 the best interests of the citizens of South Carolina. The board shall 30 be composed of the following: the Executive Director, or his 31 designee, of the South Carolina Primary Care Association; the 32 Dean, or his designee, of the University of South Carolina School 33 of Medicine; the Executive Director, or his designee, of the South 34 Carolina Medical Association; two representatives from rural 35 health care settings, one to be appointed by the Chairman of the 36 Senate Medical Affairs Committee and one to be appointed by the 37 Chairman of the House Medical, Military, Public and Municipal 38 Affairs Committee; the Commissioner, or his designee, of the 39 Department of Health and Environmental Control; the 40 Commissioner, or his designee, of the South Carolina Hospital 41 Association; the Commissioner, or his designee, of the 42 Commission on Higher Education; and the Director, or his 43 designee, of the Department of Health and Human Services
1 [80-198] 1 Oversight and Finance. The Chairman chairman, with the 2 concurrence of the board, shall appoint three at-large members 3 with two representing nursing and one representing allied health 4 services in South Carolina.” 5 SECTION 37. Section 44-6-30 of the 1976 Code is amended 6 to read: 7 “Section 44-6-30. The department shall: 8 (1) administer Title XIX of the Social Security Act (Medicaid), 9 including the Early Periodic Screening, Diagnostic and Treatment 10 Program, and the Community Long-Term Care System; 11 (2) be designated as the South Carolina Center for Health 12 Statistics to operate the Cooperative Health Statistics Program 13 pursuant to the Public Health Services Act; 14 (3) be prohibited from engaging in the delivery of services.; 15 (4) implement an electronic case monitoring system that must 16 be developed by the department and the Office of Research and 17 Statistics, State Budget and Control Board, in consultation with all 18 state health and human services agencies and other entities as 19 deemed necessary by the department and the Office of Research 20 and Statistics, to ensure accountability and the coordinated, 21 efficient delivery of health and human services. The Office of 22 Research and Statistics in agreement with the department and other 23 agencies impacted may promulgate regulations for the protection 24 and operation of the electronic case monitoring system; 25 (5) establish the South Carolina Health and Human Services 26 data warehouse in order to ensure that the operation of health and 27 human services may be enhanced by coordination and integration 28 of client information. To integrate client information, data across 29 state agencies shall be linked to improve client outcome measures 30 enabling state agencies to analyze coordination and continuity of 31 care issues. In order to assist in the development and maintenance 32 of this System certain client information, insofar as allowed by 33 federal rules governing the client information held by the 34 respective agencies, shall be delivered to the Budget and Control 35 Board, Office of Research and Statistics by the following agencies: 36 Department of Behavioral Health Services (including the divisions 37 of mental health, alcohol and other substance abuse services, and 38 continuum of care), Commission for the Blind, Division for the 39 Review of Foster Care of Children, Lieutenant Governor’s Office 40 on Aging, Department of Education, Department of Health and 41 Environmental Control, Department of Health Oversight and 42 Finance, Department of Juvenile Justice, Department of 43 Disabilities and Special Needs, School for the Deaf and the Blind,
1 [80-199] 1 Department of Social Services, Department of Vocational 2 Rehabilitation, Department of Corrections, Department of 3 Probation, Parole and Pardon Services and other entities as deemed 4 necessary by the Office of Research and Statistics. These agencies 5 and departments shall collect and provide client data in formats 6 and schedules to be specified by the Office of Research and 7 Statistics of the Budget and Control Board. The Budget and 8 Control Board shall establish a Memorandum of Agreement with 9 each agency, department or division. These Memoranda of 10 Agreement shall specify, but are not limited to, the confidentiality 11 of client information, the conditions for the release of data that 12 may identify agencies, departments, divisions, programs and 13 services, any restrictions on the release of data so as to be 14 compliant with state and federal statutes and regulations on 15 confidentiality of data, including protected health information, 16 conditions under which the data may be used for research 17 purposes, and any security measures to be taken to insure the 18 confidentiality of client information, including protected health 19 information, and shall be maintained by the Office of Research and 20 Statistics. The Office of Research and Statistics shall have the 21 power to promulgate regulations for the development of the data 22 warehouse in agreement with the Department of Health Oversight 23 and Finance and other impacted agencies; 24 (6) In order to provide for inclusion of other entities into the 25 electronic case monitoring system and the health and human 26 services data warehouse and other analytic projects to assist the 27 state in efficient and effective provision of services, the Office of 28 Research and Statistics shall have the authority to enter into 29 agreements or transactions with any public or private entity 30 consistent with the memoranda of agreements of the participating 31 agencies . The confidentiality of data, including protected health 32 information, collected under these initiatives will comply with 33 applicable state and federal laws governing the privacy of data. 34 The Office of Research and Statistics may adopt regulations, 35 policies and procedures it considers necessary to meet the needs of 36 these public or private entities.” 37 SECTION 38. Chapter 6, Title 44 of the 1976 Code is 38 renamed “Department of Health Oversight and Finance”. 39 SECTION 39. Article 3, Chapter 6, Title 44 of the 1976 Code 40 is repealed. 41 SECTION 40. This part takes effect upon approval by the 42 Governor. 43 PART VI
1 [80-200] 1 Department of Natural Resources 2 SECTION 1. Chapter 4, Title 48 of the 1976 Code is amended 3 to read: 4 “CHAPTER 4 5 Department of Natural Resources 6 Section 48-4-10. (A) The South Carolina Department of Natural 7 Resources is created to administer and enforce the laws of this 8 State relating to wildlife, marine resources, and natural resources 9 and other laws specifically assigned to it. The department must be 10 comprised of a Natural Resources Enforcement Division, a 11 Wildlife and Freshwater Fisheries Division, a Marine Resources 12 Division, a Water Resources Division, and a Land Resources and 13 Conservation Districts Division. Each division of the department 14 must have the functions and powers provided by law. 15 (B) All functions, powers, and duties provided by law to the 16 former South Carolina Wildlife and Marine Resources 17 Department, the Geological Survey Division of the Budget and 18 Control Board, to include the State Geologist, and the South 19 Carolina Migratory Waterfowl Committee are transferred to the 20 Department of Natural Resources. All nonregulatory functions, 21 powers, and duties provided by law to the former South Carolina 22 Water Resources Commission and the State Land Resources 23 Conservation Commission are transferred to the Department of 24 Natural Resources. All rules, regulations, standards, orders, or 25 other actions of these entities remain in effect unless specifically 26 changed or voided by the department in accordance with the 27 Administrative Procedures Act. 28 (C) All divisions are directly accountable to and subject to the 29 Department of Natural Resources. 30 (D) The Wildlife and Marine Resources Commission, the Land 31 Resources Conservation Commission, and the Water Resources 32 Commission are abolished. Reserved. 33 Section 48-4-20. For the purposes of this chapter: 34 (1) ‘Board’ means the governing body advisory board of the 35 department. 36 (2) ‘Department’ means the South Carolina Department of 37 Natural Resources. 38 (3) ‘Director’ or ‘Executive Director’ means the administrative 39 head of the department, appointed by the board Governor with the 40 advice and consent of the Senate. The director serves at the 41 pleasure of the Governor and may be removed by the Governor 42 pursuant to Section 1 - 3 - 240(B).
1 [80-201] 1 Section 48-4-30. The department shall be governed by a An 2 advisory board consisting of seven non-salaried nonsalaried board 3 members is hereby created for the department. Board members of 4 the former Department of Wildlife and Marine Resources shall 5 serve as board members for the Department of Natural Resources 6 until their terms expire and their successors are appointed and 7 qualify. All advisory board members shall must be appointed by 8 the Governor with the advice and consent of the Senate. One 9 member shall be appointed from each congressional district of the 10 state, and one shall be appointed from the state at-large at large. In 11 making appointments, race, gender, and other demographic factors 12 should must be considered to assure ensure nondiscrimination, 13 inclusion, and representation to the greatest extent possible of all 14 segments of the population of the State; however, consideration of 15 these factors in making an appointment in no way creates a cause 16 of action or basis for an employee grievance for a person 17 appointed or for a person who fails to be appointed. Board 18 Advisory board members must possess sound moral character, and 19 superior knowledge in the fields of wildlife, marine, and natural 20 resource management, and proven administrative ability. 21 The Governor may remove any advisory board member 22 pursuant to the provisions of Section 1-3-240(B). 23 Terms of the members shall be are for four years and until their 24 successors are appointed and qualify. If a vacancy occurs when 25 the General Assembly is not in session, it must be filled by the 26 Governor’s appointment for the unexpired term, subject to 27 confirmation by the Senate at the next session of the General 28 Assembly. 29 Each advisory board member, within thirty days after notice of 30 appointment and before taking office, shall take and file with the 31 Secretary of State the oath of office prescribed by the State 32 Constitution. 33 One of the members of the advisory board shall be designated 34 by the Governor to serve as chairman. 35 Section 48-4-40. The advisory board members shall receive 36 reimbursement for their expenses incurred while engaged in the 37 work of the board as provided by law for state boards and 38 commissions. 39 Section 48-4-50. The advisory board shall be vested with the 40 duty and authority to oversee, manage, and control the operation, 41 administration, and organization of the department subject only to 42 the laws of this State and the United States render advice and 43 counsel and shall perform such duties and functions as may be set
1 [80-202] 1 by the department director after consultation with the Governor. 2 The advisory board may hold meetings, as considered necessary by 3 the chairman, with a majority of the board members constituting a 4 quorum. 5 Section 48-4-60. The board Director of the Department of 6 Natural Resources shall appoint a director to serve at its pleasure 7 who shall be the administrative head of the department. The 8 director must carry out the policies of the board department and 9 administer the its affairs of the department. The director may 10 exercise all powers belonging to the board department within the 11 guidelines and policies established by the board. The director shall 12 manage the administration and organization of the department, 13 subject to constitutional and statutory provisions, and may appoint 14 such assistants or deputies as the director considers necessary. The 15 director may hire such employees as the director considers 16 necessary for the proper administration of the affairs of the 17 department. The director must prescribe the duties, powers, and 18 functions of all assistants, deputies, and employees of the 19 department. 20 Section 48-4-70. The board director shall: 21 (1) hold meetings, as considered necessary by the chairman, 22 with a majority of the board members constituting a quorum. The 23 board may hold meetings, transact business, or conduct 24 investigations at any place necessary; however, its primary office 25 is in Columbia; 26 (2) formulate and recommend legislation to enhance 27 uniformity, enforcement, and administration of the wildlife, 28 marine, and natural resource laws; 29 (3) make an annual report to the General Assembly on all 30 matters relating to its action the department; 31 (4)(2) require those of its the department’s officers, agents, and 32 employees it he designates to give bond for the faithful 33 performance of their duties in the sum and with the sureties it he 34 determines, and all premiums on the bonds must be paid by the 35 board department; 36 (5)(3) pay travel expenses and purchase or lease all necessary 37 facilities, equipment, books, periodicals, and supplies for the 38 performance of its his duties; and 39 (6)(4) exercise and perform other powers and duties as granted 40 to it the director or imposed upon it the director by law. 41 Section 48-4-80. The board director may: 42 (1) make rules and promulgate regulations, not inconsistent 43 with law, to aid in the performance of its the department’s duties.
1 [80-203] 1 The board director may prescribe the extent, if any, to which these 2 rules and regulations must be applied without retroactive effect. 3 These regulations must be promulgated through the Department of 4 Natural Resources; 5 (2) exercise all authority granted to it the department under the 6 laws and regulations relating to wildlife, marine, and natural 7 resources.; and 8 (3) conduct such hearings as may be required by law.” 9 SECTION 2. Section 48-9-15 of the 1976 Code is amended 10 to read: 11 “Section 48-9-15. As used in this chapter: 12 (1) ‘Department’ means the Department of Natural Resources. 13 (2) ‘Division’ means Land Resources and Conservation 14 Districts Division of the Department of Natural Resources. 15 (3) ‘Director’ means the administrative head of the department 16 appointed by the board Governor.” 17 SECTION 3. Section 51-17-10 of the 1976 Code is amended 18 to read: 19 “Section 51-17-10. The following words or phrases have the 20 definition given unless clearly specified otherwise: 21 1. (1) ‘Board of the department’ means the governing board of 22 the Department of Natural Resources Reserved. 23 2.(2) ‘Department’ means the Department of Natural 24 Resources. 25 3.(3) ‘Advisory board’ means the Heritage Trust Advisory 26 Board. 27 4.(4) ‘Natural area’ means an area of land or water, or a 28 combination thereof, generally, but not necessarily, large in size. 29 Such an area may be in public or private ownership and shall 30 contain relatively undisturbed ecosystems, landforms, threatened, 31 endangered, or unique plant life or animal habitats, or other 32 unusual or outstanding scientific, educational, aesthetic, or 33 recreational characteristics. 34 5.(5) ‘Natural feature’ means an area of land or water, or a 35 combination thereof, which is generally, but not necessarily, small 36 in size. Such area may be in public or private ownership and shall 37 contain or consist of outstanding remnants or natural elements of 38 surviving undisturbed natural ecosystems such as record size 39 individual species of plant life, nests or rookeries, geological 40 formations, or objects of special scientific, educational, aesthetic, 41 or recreational character. 42 6.(6) ‘Cultural area or feature’ means an area or feature which 43 provides an outstanding example of our historical or archeological
1 [80-204] 1 heritage. Such an area or feature shall be a site of special historic 2 interest or contain outstanding remnants or elements of the way of 3 life and significant events of our past so that through their 4 preservation and the restoration of related existing structures, or 5 the development of a historic area, as well as through study, 6 investigation, and examination of the material remains in that life, 7 a record may be preserved of the interrelationship and effect 8 between man’s activities and his surrounding environment. A 9 cultural area or feature may be one that is either publicly or 10 privately owned. 11 7.(7) ‘Heritage Preserve’ means a natural or cultural area or 12 feature which is ‘dedicated’ under this chapter. 13 8.(8) ‘Heritage Site’ means a natural or cultural feature which 14 has been recognized as such through ‘registration’ under this 15 chapter. 16 9.(9) ‘Dedicate or dedication’ means the process by which any 17 natural or cultural area or feature shall be established as a Heritage 18 Preserve in accordance with the procedures set out in Section 19 51-17-80. Dedication may result from either of the following 20 methods, but no power of eminent domain is hereby conferred or 21 granted to the board of the department, the advisory board, or to 22 the Department of Natural Resources under this chapter: 23 (a) ‘Acquisition’ means the establishment of a Heritage 24 Preserve whereby the owner of a natural or cultural area or feature 25 transfers the fee simple interest therein to the board of the 26 department for such purpose; or 27 (b) ‘Acceptance’ means the establishment of a Heritage 28 Preserve whereby the owner of a natural or cultural area or feature 29 transfers less than the fee simple interest therein to the board of the 30 department Department of Natural Resources for such purpose. 31 Examples are granting of a ‘conservation or open space easement’ 32 or the transfer of title subject to a life estate or reverter. Interests 33 in real estate of a term of years shall not qualify for dedication 34 under this chapter. 35 10.(10) ‘Register’ or ‘registration’ means the process by which 36 the owner of a natural or cultural feature shall enter into a written 37 agreement with the board of the department Department of Natural 38 Resources recognizing the unique and outstanding characteristics 39 thereof in accordance with the procedures set out in Section 40 51-17-100. 41 11.(11) ‘Priority areas and features list’ means the list made up 42 of those areas and features recommended by the advisory board, 43 and approved by the board of the department Department of
1 [80-205] 1 Natural Resources, under this chapter whose preservation is of 2 primary importance to the goals and purposes of this chapter and 3 which are, therefore, eligible to be included as Heritage Preserves 4 and Sites. 5 12.(12) ‘The Heritage Trust Program’ means the entire system 6 established under this chapter to provide for the inventorying, 7 preservation, use, and management of unique and outstanding 8 natural or cultural areas and features in this State. The term 9 ‘Heritage Trust’ means the legal trust which is created under 10 Section 51-17-90.” 11 SECTION 4. Section 51-17-50 of the 1976 Code is amended 12 to read: 13 “Section 51-17-50. The Heritage Trust Advisory Board is 14 hereby created to assist the board of the department Department of 15 Natural Resources in carrying out its duties and responsibilities 16 under this chapter. The advisory board shall consist of seventeen 17 members who shall be chosen as follows and shall elect from its 18 membership a chairman: 19 1.(1) From the general public, six persons, one from each 20 congressional district within the State, who shall be appointed by 21 the Governor and serve for a term of six years. Of these six, four 22 persons shall be from the scientific community who are recognized 23 and qualified experts in the ecology of natural areas, and two 24 persons shall be from the cultural community who are recognized 25 and qualified experts in the history and archeology of the State. 26 The term ‘expert’ does not of necessity denote a professional but 27 one learned and interested in the field. 28 2.(2) From state government, the following persons or their 29 designees: 30 A.The Chairman of the board of the Department of Natural 31 Resources; 32 B.(A) The Director of the Department of Natural Resources; 33 C.(B) The Director of the South Carolina Department of 34 Park, Recreation and Tourism; 35 D.(C) The Director of the Land Resources Conservation 36 Districts Division of the Department of Natural Resources; 37 E.(D) The Director of the South Carolina Department of 38 Archives and History; 39 F.(E) The State Forester; 40 G.(F) The State Archeologist; 41 H.(G) The Director of the State Museum; and 42 I. (H) The Secretary of Commerce.
1 [80-206] 1 Provided, however However, of the initial appointees under this 2 section, that of the six persons appointed under Item 1 item (1) 3 above, two shall serve for a term of two years, two for a term of 4 four years, and two for a term of six years.” 5 SECTION 5. Section 51-17-70 of the 1976 Code is amended 6 to read: 7 “Section 51-17-70. The department shall act as the basic staff 8 for the board of the department and the advisory board and shall 9 have the following powers and duties: 10 1.(1) The director shall select a member of his staff who shall 11 be primarily responsible for the administration of the Heritage 12 Trust Program. 13 2.(2) The department shall supply such other staff and support 14 services as the board of the department and the advisory board 15 shall require to fulfill their duties and responsibilities under this 16 chapter. 17 3.(3) The department shall maintain a public record of any 18 inventories or lists established under this chapter. 19 4.(4) The department shall work with owners, both public and 20 private, in the development of proposals for the dedication and 21 recognition of natural and cultural areas and features as Heritage 22 Preserves and Sites, and it shall keep the advisory board informed 23 of the same in order that therefrom the advisory board may make 24 recommendations to the board of the department as provided under 25 this chapter. 26 5.(5) The department shall consult with and work in 27 cooperation with the Department of Archives and History, the 28 State Archeologist, the Department of Parks, Recreation and 29 Tourism, and any other state, county, or local unit of government, 30 or any private entity, or group which is or should be directly 31 involved in the Heritage Trust Program, as well as in any particular 32 efforts to preserve or protect any specific area or feature under the 33 provisions of this chapter. In all cases, the department shall 34 attempt to avoid duplication of effort with other agencies and 35 groups and shall have no mandatory authority hereunder to require 36 action by any such body.” 37 SECTION 6. Section 51-17-90 of the 1976 Code is amended 38 to read: 39 “Section 51-17-90. There is hereby created the South Carolina 40 Heritage Trust, the trustee of which shall be the Board of the South 41 Carolina Department of Natural Resources Director of the 42 Department of Natural Resources. The corpus of the trust shall be 43 made up of those Heritage Preserves which the board director of
1 [80-207] 1 the department considers to be of such outstanding and unique 2 natural or cultural character so as to be significant and essential to 3 the carrying out of the goals and purposes of this chapter and as 4 such, to merit a greater degree of preservation than that provided 5 by dedication. The board director of the department shall have 6 authority to place into the corpus of the trust any Heritage Preserve 7 that it the director feels meets this criteria and which has been 8 recommended for inclusion therein by the advisory board. The 9 beneficiaries of this trust are and shall be the present and future 10 generations of citizens of the State, more particularly those present 11 and future citizens residing within a close proximity to any area or 12 feature which itself, or an interest therein, becomes, constitutes, or 13 comprises a part of the corpus of such trust and who actually enjoy 14 use of such area or feature; and further and more particularly, those 15 present and future students, teachers, and persons residing in the 16 State who are concerned with conservation or with research in any 17 facet of ecology, history, or archeology and who actually utilize 18 any such area or feature for the promotion of such interest. 19 Wherever the term ‘area or feature’ is used in this section, it 20 shall include ‘or interests therein’. The following, except as 21 otherwise expressly provided, shall constitute substantive terms of 22 the trust and apply to any area or feature which becomes a part of 23 the corpus thereof: 24 1.(1) Upon approval by the board director of the department of 25 the inclusion of a Heritage Preserve in the corpus of the South 26 Carolina Heritage Trust, such transfer shall be recorded in the 27 county in which the property is located and shall establish 28 conclusive proof that such area or feature is suitable for 29 preservation and protection under this chapter and constitutes a 30 part of the corpus of the South Carolina Heritage Trust. 31 2.(2) In any case wherein the previous owner of a Heritage 32 Preserve has restricted such area or feature from inclusion in the 33 South Carolina Heritage Trust, or where the previous owner has 34 withheld an interest therein such as a life estate or reverter, the 35 Heritage Preserve involved shall not be allowed to become a part 36 of the corpus of the South Carolina Heritage Trust unless at a 37 subsequent time such approval is obtained from such person or his 38 successor in interest. 39 3.(3) Upon the approval by the board director of the 40 department of the inclusion of any Heritage Preserve in the South 41 Carolina Heritage Trust and the transfer of the title or interest held 42 by the board director of the department therein to the trust, subject 43 to the provisions of Item 2 item (2) of this section, legal title to
1 [80-208] 1 such area or feature shall be conveyed to the trustee of the South 2 Carolina Heritage Trust and the equitable, or beneficial ownership, 3 shall rest in those beneficiaries previously stated and described, 4 whether such property was owned by a private or public source 5 prior to dedication. 6 4.(4) Upon approval by the advisory board, the department, 7 and the board director of the department, and any agency of the 8 State is hereby authorized to enter into agreement in advance with 9 any person, firm, corporation, legal entity of government, or any 10 private group that any particular area or feature shall be conveyed 11 to the trustee in trust under the provisions of this chapter. 12 5.(5) Upon approval by the board director of the department of 13 inclusion of any Heritage Preserve into the corpus of the South 14 Carolina Heritage Trust, the advisory board shall review the 15 management plan therefor as well as the ‘Dedication Agreement’ 16 and any other sources of information which it may consider 17 appropriate. Upon approval thereof by the board director of the 18 department, the department, or that agency or group assigned 19 management responsibilities therefor, shall manage the property in 20 accordance therewith. Except to the extent expressly otherwise 21 provided in the ‘Dedication Agreement’, the following substantive 22 terms shall be deemed to be set forth in the conveyance to the 23 Heritage Trust and the trustee shall hold such property in trust 24 subject to such terms: 25 (a) The essential natural character of the property shall be 26 maintained. 27 (b) There shall be no erection of any improvements thereon 28 except those minimal improvements necessary for the security, 29 safety, or convenience of the public and those required for 30 maintenance and management. 31 (c) Cutting or burning of timber, wood, or other destruction 32 of flora or fauna shall be permitted only for conservation or 33 regeneration of flora or fauna; or for the control of plant 34 succession by deliberate manipulation for restoration of 35 preservation of a particular vegetation type or of an endangered 36 species of flora, fauna, or wildlife; or for the establishment and 37 maintenance of nature and hiking trails, camping areas, and the 38 like where compatible and consistent with the character of the area 39 or feature concerned and not seriously damaging or detrimental to 40 the natural quality of the property. 41 (d) No stream shall be dammed or have its course altered. 42 (e) No motorized vehicles shall be permitted on the property 43 other than those utilized by the trustee or its agents in management
1 [80-209] 1 and protection of the property or used by the general public for 2 ingress and egress to the property in compliance with the 3 management plan for the area or feature concerned. 4 (f) No change shall be made in the general topography of 5 the area or feature except for those minimal alterations which may 6 be necessary to provide on-foot access to the public for visitation, 7 or observation; and this shall be done only where wholly 8 compatible and consistent with the character of the property and 9 where no detrimental effect shall result. 10 (g) No activity shall be allowed or permitted which might 11 pollute any stream, body of water, or the atmosphere. 12 (h) No signs, billboards or other advertising of any kind 13 shall be erected; however, informational and directional signs 14 related to the designation of the area or feature as a Heritage 15 Preserve and related to the public’s enjoyment thereof shall be 16 allowed when approved by the trustee. 17 (i) No other acts or uses which are detrimental to the 18 retention of the property in its natural state shall be allowed, 19 including those detrimental to flood control, drainage, water 20 conservation, erosion control or soil conservation, or fish or 21 wildlife habitat preservation. 22 (j) Where cultural areas or features are involved, reasonable 23 excavation, improvement and the like shall be allowed for research 24 purposes as well as to restore such area or feature. 25 (k) The trust shall continue in perpetuity. 26 (l) Nothing in this chapter shall be interpreted as restricting 27 the use of an existing or any future easement, express or implied, 28 in favor of any utility or other holder of an easement for public 29 purposes. 30 6.(6) Those natural and related cultural areas and features 31 which are acquired as Heritage Preserves in accordance with the 32 trust provisions of this chapter are hereby declared to be as such at 33 their highest, best and most important use for the public benefit. 34 The State, any agencies thereof, local or county entities of 35 government, or public utility which has the power of 36 condemnation by law may acquire by purchase, gift, or eminent 37 domain an easement or other interest in any property comprising a 38 part of the corpus of the Heritage Trust; provided, however, that 39 before any such condemnation shall occur, a court of competent 40 jurisdiction shall determine the following: 41 (1) that there is an unavoidable and imperative public 42 necessity that the property or interest therein be taken for another 43 public use;
1 [80-210] 1 (2) that there is no feasible and prudent alternative for the 2 proposed use for which the property or interest therein is to be 3 taken; and 4 (3) that the proposal for taking includes all possible planning 5 to minimize the harm done to such property resulting from such 6 proposed use. Where the court deems appropriate, a public 7 hearing shall be conducted prior to the court’s decision to allow 8 comment and input thereto. No city, county, public district, 9 agency of the State, or public utility of the State shall acquire any 10 real property which is a part of the corpus of the Heritage Trust 11 through condemnation for the purpose of utilizing such property 12 for another public use unless the acquiring entity pays or transfers 13 to the Heritage Trust sufficient compensation to enable the 14 operating entity to replace the real property and facilities thereon. 15 The trustee of the trust shall have authority to utilize such proceeds 16 to acquire additional property for the trust and to maintain those 17 properties which form the corpus of the trust. 18 7.(7) The common law of South Carolina pertaining to trusts 19 shall be applicable to the Heritage Trust and to all areas or 20 features, or interests therein, which become a part of this corpus. 21 Without in any way limiting the generality of the foregoing, such 22 trusts shall not fail for want of a trustee, and the trust shall be 23 terminated as to any particular area or feature, or interest therein, 24 only upon total failure of the intended purpose. Any substitution 25 of the trustee or termination of the trust as to any particular area or 26 feature, or interests therein, shall occur only after appropriate 27 judicial action wherein the beneficiaries are adequately 28 represented, and such total failure shall not in any way affect the 29 remainder of the property within the corpus of the trust. 30 8.(8) The trustee shall hold, manage, preserve, and enforce the 31 various areas and features, or interests therein, which become a 32 part of the corpus of the trust in accordance with the terms of this 33 chapter and in any respective conveyances and transfers thereto. 34 To that end Therefore, the trustees may adopt and modify rules and 35 regulations for the use and enjoyment of such trust properties by 36 the public, and may employ or appoint agents to act on their behalf 37 in the management of such properties.” 38 SECTION 7. Section 51-17-130 of the 1976 Code is 39 amended to read: 40 “Section 51-17-130. 1.(1) Enforcement officers of the 41 Natural Resources Enforcement Division of the Department of 42 Natural Resources, park rangers, and forestry rangers, as well as
1 [80-211] 1 all other state and local law enforcement officials, shall have 2 authority to enforce the provisions of this chapter. 3 2.(2) The Attorney General shall enforce the rules and 4 regulations of the board of the department both as they apply to 5 those areas dedicated as well as those that are subsequently made a 6 part of the corpus of the South Carolina Heritage Trust. In 7 exercise of this authority, the Attorney General may, among other 8 things and at the request of the board of the department, bring an 9 action for injunctive or declaratory relief in any court of competent 10 jurisdiction. 11 3.(3)(a) Any person violating the provisions of this chapter 12 where the damage to the property does not exceed five hundred 13 dollars is guilty of a misdemeanor and, upon conviction, shall be 14 fined not more than one hundred dollars or be imprisoned not more 15 than thirty days for each offense. 16 (b) Any person violating the provisions of this chapter where 17 the damage to the property exceeds five hundred dollars is guilty 18 of a misdemeanor and, upon conviction, shall be fined not less 19 than five hundred dollars nor more than five thousand dollars or be 20 imprisoned not more than six months, or both, for each offense.” 21 SECTION 8. Section 51-18-60(2)(a) of the 1976 Code is 22 amended to read: 23 “(a) the Chairman of the Board Director of the Department of 24 Natural Resources;” 25 SECTION 9. Section 1-5-40(A)(69)(a) of the 1976 Code is 26 amended to read: 27 “(a) Natural Resources Advisory Board” 28 SECTION 10. Section 48-45-80 of the 1976 Code is amended 29 to read: 30 “Section 48-45-80. There is hereby created an advisory 31 committee to the Consortium Director to consist of seven members 32 who shall serve for terms of four years and until their successors 33 are appointed and qualified. Four members must be appointed by 34 the Governor with the advice and consent of the Senate. The four 35 members appointed by the Governor must be residents of coastal 36 counties, no more than one from each county, and two must be 37 associated with the commercial fishing industry. The chairmen of 38 the Senate Fish, Game and Forestry Committee, and House 39 Agriculture and Natural Resources Committee, and Department of 40 Natural Resources Board shall each appoint one member upon the 41 recommendation of a majority of the members of their respective 42 committees and commission. The Director of the Department of 43 Natural Resources shall serve as the seventh member. The four
1 [80-212] 1 members appointed by the Governor must be residents of coastal 2 counties, no more than one from each county, and two must be 3 associated with the commercial fishing industry.” 4 SECTION 11. Section 48-59-40(A)(1) of the 1976 Code is 5 amended to read: 6 “(1) the Chairman of the Board for Director of the Department 7 of Natural Resources, the Chairman of the South Carolina Forestry 8 Commission, and the Director of the South Carolina Department of 9 Parks, Recreation and Tourism, all of whom shall serve ex officio 10 and without voting privileges;” 11 SECTION 12. Section 49-23-20(n) of the 1976 Code is 12 amended to read: 13 “(n) ‘Board’ means the governing authority of the Department 14 of Natural Resources.” 15 SECTION 13. Section 49-25-40 of the 1976 Code is amended 16 to read: 17 “Section 49-25-40. The state climatologist may certify copies as 18 being authentic reproductions of weather records held in the State 19 and shall present a report each year to the board of the Director of 20 the Department of Natural Resources concerning the activities of 21 the climatic program and other information which the board 22 director may consider necessary.” 23 SECTION 14. Section 50-1-5 of the 1976 Code is amended to 24 read: 25 “Section 50-1-5. For the purposes of Title 50, unless the context 26 clearly indicates otherwise,: 27 (1) ‘Board’ means the governing body of the department. 28 (2) ‘Department’ means the South Carolina Department of 29 Natural Resources. 30 (3)(2) ‘Director’ means the administrative head of the 31 department, appointed by the board Governor. 32 (4)(3) ‘Enforcement officer’ means an enforcement officer of 33 the Natural Resources Enforcement Division of the department.” 34 SECTION 15. Section 50-3-180(A) of the 1976 Code is 35 amended to read: 36 “(A) The Mitigation Trust Fund of South Carolina is credited for 37 the purposes of receiving gifts, grants, contributions, and other 38 proceeds for mitigation projects in the State. The Board of 39 Trustees for the Mitigation Trust Fund is the chairman and the 40 members of the South Carolina Department of Natural Resources 41 Board with Director of the Department of Natural Resources has 42 full authority over the administration of the funds deposited in the 43 fund. The State Treasurer is the custodian of the fund and shall
1 [80-213] 1 invest its assets in an interest-bearing account pursuant to South 2 Carolina law.” 3 SECTION 16. Section 50-3-720 of the 1976 Code is amended 4 to read: 5 “Section 50-3-720. There is created the Board of Trustees of the 6 Wildlife Endowment Fund of the Department of Natural 7 Resources, with. The Director of the Department of Natural 8 Resources has full authority over the administration of the fund, 9 whose chairman and members are the chairman and members of 10 the board of the Department of Natural Resources. The State 11 Treasurer is the custodian of the fund and shall invest its assets in 12 accordance with the provisions of Title 11.” 13 SECTION 17. Section 50-3-910 of the 1976 Code is amended 14 to read: 15 “Section 50-3-910. There is created the Board of Trustees of the 16 Jocassee Gorges Trust Fund of the Department of Natural 17 Resources, with. The Director of the Department of Natural 18 Resources has full authority over the administration of the fund, 19 whose chairman and members are the chairman and members of 20 the board of the Department of Natural Resources. The State 21 Treasurer is the custodian of the fund and shall invest its assets in 22 accordance with the provisions of Title 11.” 23 SECTION 18. Section 50-3-1120 of the 1976 Code is 24 amended to read: 25 “Section 50-3-1120. The board Director of the Department of 26 Natural Resources serves ex officio as the Conservation Grant 27 Fund Board with full authority over the administration of the 28 fund.” 29 SECTION 19. Section 50-5-1950 of the 1976 Code is 30 amended to read: 31 “Section 50-5-1950. (A) A Saltwater Recreational Fisheries 32 Advisory Committee is established to assist in prioritizing the 33 expenditures of monies received in the special account. The 34 committee is composed of: 35 (1) one member of the Board of the Director of the 36 Department of Natural Resources to serve ex officio; 37 (2) two at-large members appointed by the Governor; and 38 (3) one member from each of the following coastal counties 39 appointed by a majority of the respective legislative delegations of 40 Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, 41 Dorchester, and Berkeley Counties. 42 (B) The members in subsection subsections (A)(2) and (3) shall 43 represent the saltwater recreational fishing community.
1 [80-214] 1 (C) Committee members shall be paid the usual mileage, 2 subsistence, and per diem as prescribed by law for members of 3 state boards, commissions, and committees to be paid from 4 revenues from the sale of stamps, licenses, prints, and related 5 articles. 6 (D) The terms of members in subsection subsections (A)(2) and 7 (3) are for four years and are limited to two consecutive terms. 8 Vacancies shall be filled for the remainder of the unexpired term in 9 the manner of original appointment.” 10 SECTION 20. Section 50-11-20 of the 1976 Code is amended 11 to read: 12 “Section 50-11-20. (A) As used in this article: 13 (1) ‘Board’ means the governing body of the South Carolina 14 Department of Natural Resources. 15 (2) ‘Committee’ means the Migratory Waterfowl 16 Committee. 17 (3)(2) ‘Department’ means the South Carolina Department of 18 Natural Resources. 19 (4)(3) ‘Migratory waterfowl’ means members of the family 20 ‘Anatidae’, including brants, ducks, geese, and swans. 21 (B) There is created the Migratory Waterfowl Committee 22 composed of nine members. A designee, who is not a paid 23 employee, of Ducks Unlimited of South Carolina, a designee, who 24 is not a paid employee, of the South Carolina Waterfowl 25 Association, and the Chairman of the Board Director of the 26 Department of Natural Resources, or his designee, shall serve ex 27 officio. Two members are appointed by the Chairman of the 28 Agriculture and Natural Resources Committee of the House of 29 Representatives, two are appointed by the Chairman of the Fish, 30 Game and Forestry Committee of the Senate, and two are 31 appointed by the Governor, all of whom must be cognizant of 32 waterfowl. The members of the committee shall serve for terms of 33 three years and until successors are appointed and qualify. 34 Vacancies are filled for the unexpired term in the manner of the 35 original appointment. The members of the committee shall elect a 36 chairman annually. Members of the committee are eligible to 37 receive the per diem, subsistence, and mileage as is provided by 38 law for members of boards, commissions, and committees. 39 (C) The committee is responsible for the creation of the annual 40 migratory waterfowl stamp provided in Section 50-9-530, shall 41 provide the design to the department, and shall recommend 42 regulations to the department for the creation of migratory 43 waterfowl stamp prints, their administration, sale, and distribution,
1 [80-215] 1 and other matters relating to the stamps and their prints. If the 2 committee sells any of the stamps, it shall purchase them from the 3 department for five dollars and fifty cents a stamp, all of which is 4 retained by the department. Funds derived from the sale of prints 5 and related artwork must be expended as follows: 6 (1) The portion of the funds necessary to make up fifty 7 percent of the total funds derived from the sale of the migratory 8 waterfowl stamps and the migratory waterfowl stamp prints must 9 be transferred by the committee to the department to be used for its 10 specified projects. 11 (2) Except for the amount necessary for the committee to 12 administer and promote the sale of any prints, stamps, or related 13 articles, the remainder of the funds derived from the sale of the 14 prints and related articles must be disbursed to an appropriate 15 nonprofit organization as determined by the board Director of the 16 Department of Natural Resources for the development of 17 waterfowl propagation projects within Canada. The projects must 18 specifically provide waterfowl for the Atlantic Flyway and must 19 demonstrate evidence that the projects are acceptable to the 20 appropriate governmental agencies having jurisdiction over the 21 project areas. 22 (3) The committee shall have an annual audit of its finances 23 conducted by the State Auditor and shall furnish a copy to the 24 board department.” 25 SECTION 21. This part takes effect January 1, 2006. 26 PART VII 27 Miscellaneous 28 SECTION 1. (A) Where the provisions of this act transfer 29 particular state agencies, departments, boards, commissions, 30 committees or entities, or sections, divisions or portions thereof 31 (transferring departments), to another state agency, department, 32 division or entity or make them a part of another department or 33 division (receiving departments), the employees, authorized 34 appropriations, bonded indebtedness if applicable, and real and 35 personal property of the transferring department are also 36 transferred to and become part of the receiving department or 37 division unless otherwise specifically provided. All classified or 38 unclassified personnel of the affected agency, department, board, 39 commission, committee, entity, section, division or position 40 employed by these transferring departments on the effective date 41 of this act, either by contract or by employment at will, shall 42 become employees of the receiving department or division, with 43 the same compensation, classification, and grade level, as
1 [80-216] 1 applicable. The Budget and Control Board shall cause all 2 necessary actions to be taken to accomplish this transfer and shall 3 in consultation with the agency head of the transferring and 4 receiving agencies prescribe the manner in which the transfer 5 provided for in this section shall be accomplished. The board’s 6 action in facilitating the provisions of this section are ministerial in 7 nature and shall not be construed as an approval process over any 8 of the transfers. 9 (B) Where an agency, department, entity, or official is 10 transferred to or consolidated with another agency, department, 11 division, entity, or official, regulations promulgated by that 12 transferred agency, department, entity, or official under the 13 authority of former provisions of law pertaining to it are continued 14 and are considered to be promulgated under the authority of 15 present provisions of law pertaining to it. 16 (C) References to the names of agencies, departments, entities, 17 or public officials changed by this act, to their duties or functions 18 herein devolved upon other agencies, departments, entities, or 19 officials, or to provisions of law consolidated with or transferred to 20 other parts of the 1976 Code are considered to be and must be 21 construed to mean appropriate references. 22 (D) Employees or personnel of agencies, departments, entities, 23 or public officials, or sections, divisions or portions thereof, 24 transferred to or made a part of another agency, department, 25 division, or official pursuant to the terms of this act shall continue 26 to occupy the same office locations and facilities which they now 27 occupy unless or until otherwise changed by appropriate action 28 and authorization. The rent and physical plant operating costs of 29 these offices and facilities, if any, shall continue to be paid by the 30 transferring agency, department, entity, or official formerly 31 employing these personnel until otherwise provided by the General 32 Assembly. The records and files of the agencies which formerly 33 employed these personnel shall continue to remain the property of 34 these transferring agencies, except that these personnel shall have 35 complete access to these records and files in the performance of 36 their duties as new employees of the receiving agency. 37 (E) Unless otherwise provided herein or by law, all fines, fees, 38 forfeitures, or revenues imposed or levied by agencies, personnel, 39 or portions thereof, so transferred to other agencies or departments 40 must continue to be used and expended for those purposes 41 provided prior to the effective date of this act. If a portion of these 42 fines, fees, forfeitures, or revenues were required to be used for the
1 [80-217] 1 support, benefit, or expense of personnel transferred, such funds 2 must continue to be used for these purposes. 3 (F) The Budget and Control Board, in consultation with the 4 appropriate standing committees of the General Assembly as 5 designated by the President Pro Tempore of the Senate and the 6 Speaker of the House of Representatives and the other affected 7 agencies, shall prescribe the manner in which the provisions of 8 subsections (A), (D), and (E) must be implemented where 9 agreement between the affected agencies cannot be obtained. 10 (G) Where the functions of former agencies have been 11 devolved on more than one department or departmental division, 12 the general support services of the former agency must be 13 transferred to the restructured departments or departmental 14 divisions as provided by the General Assembly in the annual 15 general appropriations act. 16 (H) The membership of the Legislative Council shall cause the 17 changes to the 1976 Code as contained in this act to be printed in 18 replacement volumes or in cumulative supplements as they 19 consider practical and economical. 20 SECTION 2. Notwithstanding any permanent or temporary 21 provision of law, any enactment, or portion thereof, of the General 22 Assembly in 2005 in conflict with any provision of this act shall be 23 suspended as to its force and effect until March 1, 2006. Where 24 there is no conflict the provisions of any other enactments shall 25 supersede the provisions of this act. For the purposes of this 26 section, ‘conflict’ shall not include: 27 (1) where provisions of the Code of Laws of 1976, as 28 amended, are repeated herein so as to incorporate only changes in 29 the names of agencies, divisions, or departments, except so far as 30 such change in name conflicts with another enactment or a portion 31 of another enactment, or 32 (2) where provisions of the Code of Laws of 1976, as 33 amended, are repeated herein so as to incorporate only changes in 34 the governance or structure of an agency, division, or department 35 except so far as such governance or structure is in conflict with 36 another enactment or some portion of another enactment. 37 SECTION 3. (A) The repeal or amendment by this act of any 38 law, whether temporary or permanent or civil or criminal, does not 39 affect pending actions, rights, duties, or liabilities founded thereon, 40 or alter, discharge, release, or extinguish any penalty, forfeiture, or 41 liability incurred under the repealed or amended law, unless the 42 repealed or amended provision shall so expressly provide. After 43 the effective date of this act, all laws repealed or amended by this
1 [80-218] 1 act must be taken and treated as remaining in full force and effect 2 for the purpose of sustaining any pending or vested right, civil 3 action, special proceeding, criminal prosecution, or appeal existing 4 as of the effective date of this act, and for the enforcement of 5 rights, duties, penalties, forfeitures, and liabilities as they stood 6 under the repealed or amended laws. Any department to which are 7 transferred the powers, duties, and functions of any agency relating 8 to the pending proceeding shall be substituted as a party in interest. 9 (B) Any statute enacted and any rule or regulation made in 10 respect to any agency or function transferred to, or consolidated, 11 coordinated, or combined with any other agency or function under 12 the provisions of this act before the effective date of such transfer, 13 consolidation, coordination, or combination shall, except to the 14 extent repealed, modified, superseded, or made inapplicable by or 15 under the authority of law, have the same effect as if such transfer, 16 consolidation, coordination, or combination had not been made. 17 But when any such statute, rule, or regulation has vested functions 18 in the agency from which the transfer is made under the act, such 19 functions shall, insofar as they are to be exercised after the 20 transfer, be considered as vested in the agency to which the 21 transfer is made under the act. 22 (C) No suit, action or other proceeding lawfully commenced by 23 or against any agency or officer of the State in its or his official 24 capacity or in relation to the discharge of its or his official duties 25 shall abate by reason of the taking effect of this act but the court 26 may, on motion or supplemental complaint filed at any time within 27 twelve months after this act takes effect, showing a necessity for a 28 survival of such suit, action or other proceeding to obtain an 29 adjudication of the questions involved, allow the same to be 30 maintained by or against the successor of the agency or officer 31 under the act or, if there be no such successor, against such agency 32 or officer as the Governor shall designate. 33 SECTION 4. If any section, subsection, paragraph, item, 34 subitem, subparagraph, sentence, clause, phrase, or word of this act 35 is for any reason held to be unconstitutional or invalid, such 36 holding shall not affect the constitutionality or validity of the 37 remaining portions of this act, the General Assembly hereby 38 declaring that it would have passed this act, and each and every 39 section, subsection, item, subitem, paragraph, subparagraph, 40 sentence, clause, phrase, and word thereof, irrespective of the fact 41 that any one or more other sections, subsections, items, subitems, 42 paragraphs, subparagraphs, sentences, clauses, phrases, or words
1 [80-219] 1 hereof may be declared to be unconstitutional, invalid, or 2 otherwise ineffective. 3 SECTION 5. The Code Commissioner is directed to change or 4 correct all references in Title 12 which is in no way related to, 5 amended by, or otherwise addressed by this act, in order to 6 conform references in Title 12 to the name changes of agencies 7 and departments made throughout this act. 8 SECTION 6. This part takes effect upon approval by the 9 Governor. 10 PART VIII 11 Time Effective 12 SECTION 1. Except as otherwise provided, this act takes effect 13 January 1, 2006. / 14 15 Amend title to conform. 16 Renumber sections to conform. 17 18 Majority favorable. Minority unfavorable. 19 LARRY A. MARTIN ROBERT FORD 20 For Majority. For Minority. 21 22 23 STATEMENT OF ESTIMATED FISCAL IMPACT 24 ESTIMATED FISCAL IMPACT ON GENERAL FUND 25 EXPENDITURES: 26 See Below 27 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 28 FUND EXPENDITURES: 29 See Below 30 EXPLANATION OF IMPACT: 31 Department of Administration 32 Part II Section 1 identifies the agencies and entities that would 33 become a part of a new Department of Administration and 34 designates that all employees, appropriations, assets and liabilities 35 of these offices shall be transferred and become a part of the new 36 Department of Administration. Since the section does not 37 introduce any new initiatives, it is estimated there would be little 38 or no impact on the General Fund of the State or on federal and/or 39 other funds. Any potential one-time costs associated with 40 consolidation or systems integration are not currently identifiable. 41 In addition, such consolidation and integration may result in some 42 long-term administrative savings.
1 [80-220] 1 Office of State Inspector General - Department of Administration 2 In order to provide an estimate of the cost involved with an 3 Office of Inspector General, the Office of State Budget (OSB) 4 reviewed those states having such an office including Georgia, 5 Louisiana, and Ohio. In addition, OSB took into consideration the 6 funding and staffing level of the Legislative Audit Council, which 7 may be considered the most comparable existing state entity. The 8 three states reviewed had budgets ranging from between $855,000 9 and $1.1 million. Staffing levels were as low as five and as high as 10 fourteen. The Legislative Audit Council currently has a budget of 11 $921,500 and fifteen filled positions. The Governor’s version of 12 the Appropriation Bill for FY 2005-06 reflects an appropriation of 13 $400,000 with six new positions for an Inspector General’s Office. 14 Therefore, although the funding and staffing level for the Office of 15 Inspector General is at the General Assembly’s discretion, funding 16 for such an office can be estimated at between $400,000 and $1.1 17 million. Staffing could be estimated at between five and sixteen 18 employees. However, it should be noted none of the three states 19 reviewed had responsibility for all state schools including K-12, 20 Colleges and Universities. 21 State Budget and Control Board 22 Section 1-11-22 (C) of the bill allows the board to expend 23 revenues generated by the programs for which the board maintains 24 any responsibility related to the programs administered by the 25 Department of Administration. Therefore, there would be no fiscal 26 impact on the board. 27 State Budget and Control Board – Statehouse, Legislative, and 28 Judicial Facilities Operations Division 29 Part III, Subpart I, Section1 of the bill creates this new division 30 within the board; however, this should not result in an impact 31 assuming the board retains sufficient resources (funding and staff) 32 currently within the Division of General Services that would be 33 necessary to carry out the new division’s responsibilities. 34 State Budget and Control Board - Chief Information Officer 35 A review of this bill indicates there will be a cost to the General 36 Fund of the State of approximately $2.0 million with twenty 37 positions. The actual impact on general funds would depend on 38 any potential adjustments to the existing fee structure and/or 39 changes in the level of reimbursable services provided that may be 40 used toward the funding of this initiative.
1 [80-221] 1 Information Technology Procurement and Telecommunications – 2 Statewide 3 Section 1-11-1315 of the bill exempts higher education, 4 Department of Transportation, Judicial and Legislative bodies 5 from the definition of a governmental body for the purpose of 6 procurement of information technology and telecommunications. 7 Currently there are processes in place for the purchase of goods 8 and services that are designed to provide economy and to 9 maximize to the fullest extent practicable the purchasing value and 10 volume of the state. As a result of these exemptions, there is a 11 potential that the cost of goods and services for the remaining 12 agencies, school districts and local governments may increase due 13 to the lower volume of purchases of items on state term contracts. 14 It is estimated by State Budget and Control Board (Board) staff 15 that for each ten percent reduction in volume there is a one percent 16 reduction in the discount percentage the state receives on term 17 contracts. Each year state agencies spend approximately $200 18 million for information technology. Of this amount Judicial, 19 Department of Transportation, and institutions of higher education 20 spend $53 million. With this reduction in volume of purchasing, it 21 is estimated that the non-exempt agencies may incur an additional 22 2% to 3% increase in costs of approximately $3 million in state, 23 Federal and other funds. 24 Further, as a result of the exempt agencies the non-exempt 25 agencies may incur additional costs of approximately $1.4 million 26 in State, Federal and other funds for various local and long 27 distance telecommunications services and a 10% - 20% increase in 28 costs of approximately $5.4 million for network as estimated by 29 the primary network carrier for the State. Total additional cost 30 associated with these two services is estimated at $6.8 million. 31 This impact statement does not consider any cost or savings 32 exempt agencies may realize or incur from not using state term 33 contracts and telecommunications services. 34 Department of Health & Environmental Control (DHEC) 35 Enactment of this bill would result in the responsibility for 36 regulation of Day Care facilities being transferred from the 37 Department of Social Services (DSS) to the Department of Health 38 & Environmental Control. DHEC estimates the total direct and 39 indirect cost associated with implementing this program at 40 $3,687,000. The program is currently administered at DSS from 41 revenue derived from fines and fees, and general fund 42 appropriations of approximately $55,000. Any potential impact on 43 DHEC depends on the actual appropriations transferred from DSS,
1 [80-222] 1 the extent to which DHEC may need to modify the program, and 2 any changes in the fee structure and schedule. However, nothing 3 contained in the bill requires DHEC to modify the program as it is 4 currently administered at DSS. There may also be some one-time 5 cost associated with moving and systems integration. 6 Other State Agencies 7 Other State agencies indicated enactment would have little or no 8 impact on expenditures. These agencies indicated there would be 9 some minimal cost associated with name changes, but expected 10 some long term savings in administration and other areas specific 11 to their organization. These agencies include the following: 12 Lieutenant Governor’s Office 13 Department of Health & Human Services 14 Department of Disabilities & Special Needs 15 Department of Alcohol & Other Drug Abuse Services 16 Department of Mental Health 17 Department of Social Services 18 Department of Juvenile Justice 19 Department of Natural Resources 20 Recapitulation 21 Based on the information above creation of a State Chief 22 Information Officer and an Office of State Inspector General could 23 result in a direct impact on the General Fund of the State of 24 between $2,400,000 and $3,100,000. In addition, there are likely 25 to be additional costs estimated at $9.8 million in total funds 26 associated with exempting certain entities from the information 27 technology and telecommunications procurement processes and 28 procedures. Some of these additional costs may be offset to the 29 extent there are administrative, support, management, and/or 30 efficiency savings associated with agency consolidation. 31 LOCAL GOVERNMENT IMPACT: 32 See Information Technology Procurement and 33 Telecommunications – Statewide section above.
1 [80-223] 1 SPECIAL NOTES: 2 Some states have Inspector General Offices within specific 3 functional groups (such as among health and social services 4 agencies) including Kentucky and West Virginia. These states 5 have a considerably larger Inspector General staff within these 6 units. Kentucky has a staff of 296 employees with a budget of $19 7 million within its Health and Social Services functional group. 8 West Virginia has a staff of 100 with a budget of $4.5 million 9 within its Medicaid, TANF and Food Stamps program functional 10 group. 11 12 Approved By: 13 Don Addy 14 Office of State Budget 15
1 [80-224] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND 2-13-240, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE 13 CODE OF LAWS OF SOUTH CAROLINA, SO AS TO 14 PROVIDE FOR CODE DISTRIBUTION TO NEWLY 15 CREATED AND REORGANIZED STATE AGENCIES; TO 16 AMEND CHAPTER 30, TITLE 1, RELATING TO 17 DEPARTMENTS OF STATE GOVERNMENT, SO AS TO 18 PROVIDE THAT THE POWER TO ORGANIZE AND 19 REORGANIZE A DEPARTMENT INTO DIVISIONS LIES 20 WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF 21 ITS MANDATE PURSUANT TO ARTICLE XII OF THE 22 SOUTH CAROLINA CONSTITUTION, TO CREATE THE 23 DEPARTMENTS OF ADMINISTRATION AND BEHAVIORAL 24 HEALTH SERVICES, TO RENAME THE DEPARTMENT OF 25 HEALTH AND HUMAN SERVICES TO THE DEPARTMENT 26 OF HEALTH OVERSIGHT AND FINANCE, TO ESTABLISH 27 THE DEPARTMENT OF NATURAL RESOURCES AS A 28 CABINET AGENCY GOVERNED BY A DIRECTOR WHO IS 29 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND 30 CONSENT OF THE SENATE, AND TO PROVIDE FOR THE 31 ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, 32 AND PROCEDURES OF VARIOUS DEPARTMENTS AND 33 DIVISIONS, AND FOR THE MANNER OF SELECTION AND 34 REMOVAL OF GOVERNING AUTHORITIES; TO AMEND 35 SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE 36 STATE BUDGET AND CONTROL BOARD, SO AS TO 37 DELETE OBSOLETE REFERENCES AND TO REFLECT THE 38 TRANSFER OF THE DIVISION OF GENERAL SERVICES, 39 THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE 40 OF ENERGY FROM THE BOARD TO THE SOUTH 41 CAROLINA DEPARTMENT OF ADMINISTRATION AS 42 PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54
1 [80] 1 1 AND 1-11-185, SO AS TO FURTHER PROVIDE FOR THE 2 TRANSFERS, AND ARTICLE 9, CHAPTER 11 OF TITLE 1, SO 3 AS TO CREATE THE COORDINATING COUNCIL FOR 4 CULTURAL AND INFORMATION SERVICES; AND TO 5 AMEND THE FOLLOWING SECTIONS ALL SO AS TO 6 CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, 7 AS AMENDED; 1-11-22; 1-11-55; 1-11-56; 1-11-57; 1-11-58; 8 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 9 1-11-110; 1-11-180; 1-11-220; 1-11-225; 1-11-250 AND 10 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 11 1-11-280; 1-11-290; 1-11-300, AS AMENDED; 1-11-310, AS 12 AMENDED; 1-11-320; 1-11-335; 1-11-340; 1-11-435; 1-11-710; 13 1-11-770, AS AMENDED; 2-47-30, 2-47-56; CHAPTER 9, 14 TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 15 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 16 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 17 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, 18 AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 19 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 20 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS 21 AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 22 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 23 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 24 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND 25 TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN 26 FOR USE OF AN ALTERNATIVE FUEL BY STATE 27 VEHICLES; 1-11-430, RELATING TO THE BUDGET AND 28 CONTROL BOARD’S GOVERNING SUPPLY AND USE OF 29 TELECOMMUNICATIONS FOR STATE GOVERNMENT; 30 AND 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING 31 TO ESTABLISHMENT OF AN ENERGY ADVISORY 32 COMMITTEE; BY ADDING ARTICLE 9, CHAPTER 11 OF 33 TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE 34 STATE CHIEF INFORMATION OFFICER IN THE BUDGET 35 AND CONTROL BOARD; TO AMEND THE CODE BY 36 ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH 37 THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE 38 DEPARTMENT OF ADMINISTRATION; TO AMEND 39 SECTIONS 20-7-2379, 20-7-2385, AND 20-7-2386, ALL AS 40 AMENDED, RELATING TO THE DIVISION FOR REVIEW OF 41 FOSTER CARE OF CHILDREN, SECTIONS 20-7-5210 AND 42 20-7-5240, RELATING TO THE CHILDREN’S CASE 43 RESOLUTION SYSTEM, AND SECTIONS 43-21-10, 43-21-20,
1 [80] 2 1 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, AS AMENDED, 2 SECTION 43-21-110, AND SECTION 43-21-150, AS 3 AMENDED, ALL RELATING TO THE DIVISION ON AGING, 4 SO AS TO MAKE TO MAKE TECHNICAL CORRECTIONS 5 AND CONFORMING CHANGES TO REFLECT THE ABOVE 6 TRANSFERS TO THE OFFICE OF THE LIEUTENANT 7 GOVERNOR; AND TO REPEAL SECTIONS 43-21-120, 8 43-21-130, AND 43-21-140, RELATING TO THE 9 COORDINATING COUNCIL AND THE LONG-TERM CARE 10 COUNCIL AND ITS DUTIES; TO ESTABLISH THE 11 DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND 12 TO ESTABLISH WITHIN THIS DEPARTMENT THE 13 DIVISIONS OF ALCOHOL AND OTHER DRUG ABUSE 14 SERVICES, CONTINUUM OF CARE, AND MENTAL 15 HEALTH BY TRANSFERRING TO THE DEPARTMENT OF 16 BEHAVIORAL HEALTH SERVICES THE OPERATIONS OF 17 THE DEPARTMENT OF ALCOHOL AND OTHER DRUG 18 ABUSE SERVICES, THE OPERATIONS OF THE 19 CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED 20 CHILDREN FROM THE GOVERNOR’S OFFICE, AND THE 21 OPERATIONS OF THE DEPARTMENT OF MENTAL 22 HEALTH AND TO TRANSFER TO THE DEPARTMENT OF 23 DISABILITIES AND SPECIAL NEEDS THE OPERATIONS OF 24 THE BABYNET SERVICES PROGRAM FROM THE 25 DEPARTMENT OF HEALTH AND ENVIRONMENTAL 26 CONTROL, AND TO CONFORM THE FOLLOWING TO THIS 27 RESTRUCTURING, BY AMENDING SECTIONS 8-11-945, 28 9-11-10, 11-11-170, 12-21-2975, 14-1-203, 14-1-204, 14-1-205, 29 14-1-208, 16-25-20, 16-25-65, 17-24-40, 20-7-670, 20-7-765, 30 20-7-2725; ARTICLE 23, CHAPTER 7, TITLE 20; SECTIONS 31 20-7-5710, 20-7-5910, 20-7-8515, 20-7-9710, 24-1-280, 24-3-110; 32 ARTICLE 19, CHAPTER 13, TITLE 24; SECTIONS 24-13-2140, 33 24-23-40, 40-47-140, 40-55-90, 40-75-290, 40-75-300, 42-1-480, 34 43-5-1185, 43-5-1190, 43-21-120, 43-35-10, 43-35-310, 44-7-210; 35 ARTICLE 21, CHAPTER 7, TITLE 44; CHAPTER 9, TITLE 44; 36 SECTIONS 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80; 37 CHAPTER 13, TITLE 44; CHAPTER 15, TITLE 44; BY 38 ADDING SECTION 44-17-305; BY AMENDING SECTIONS 39 44-17-410, 44-17-450, 44-17-460, 44-17-580, 44-17-860, 40 44-17-865, 44-17-870, 44-20-20; CHAPTER 22, TITLE 44; 41 CHAPTER 23, TITLE 44; SECTIONS 44-27-10, 44-27-30, 42 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 43 44-36-20, 44-36-330, 44-37-40, 44-38-380, 44-48-30, 44-48-50,
1 [80] 3 1 44-48-100, 44-48-110, 44-48-120, 44-48-130; CHAPTER 49, 2 TITLE 44; SECTIONS 44-52-10, 44-52-165, 44-52-200, 3 44-53-110, 44-53-310, 44-53-450, 44-53-480, 44-53-490, 4 44-53-500, 44-107-80, 44-128-50, 50-21-112, 56-1-385, 5 56-1-1330, 56-5-2990, 56-21-70, 59-20-41, 59-36-20, 59-150-230, 6 61-12-20, 61-12-50, AND 62-5-105; TO AMEND SECTIONS 7 9-1-1870, 9-11-315, 11-7-40, 12-54-240, AS AMENDED, 8 20-7-2640, AS AMENDED, 20-7-9710, AS AMENDED, 9 38-55-530; 39-29-10, AS AMENDED, 43-5-1280, 43-7-60, 10 43-7-410, AS AMENDED, 43-7-420, 43-7-430, 43-7-440, AS 11 AMENDED, 43-7-460, AS AMENDED, 44-6-5, 44-6-10, 44-6-45, 12 44-6-140, 44-6-146, 44-6-170, 44-6-400, 44-6-530, 44-6-620, 13 44-6-630, 44-6-640, 44-6-720, 44-6-730, 44-7-84, 44-7-90, 14 44-37-40, 44-38-30, 44-39-20, 44-61-30, 59-1-450, 59-123-60, AS 15 AMENDED, AND 59-123-125, ALL RELATING TO THE 16 DEPARTMENT OF HEALTH AND HUMAN SERVICES OR 17 THE HEALTH AND HUMAN SERVICES FINANCE 18 COMMISSION, SO AS TO CHANGE REFERENCES TO BOTH 19 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES 20 AND THE HEALTH AND HUMAN SERVICES FINANCE 21 COMMISSION TO THE DEPARTMENT OF HEALTH 22 OVERSIGHT AND FINANCE; TO AMEND SECTION 44-6-30, 23 RELATING TO THE DUTIES OF THE DEPARTMENT OF 24 HEALTH OVERSIGHT AND FINANCE, SO AS TO REQUIRE 25 THE DEPARTMENT TO IMPLEMENT AN ELECTRONIC 26 CASE MONITORING SYSTEM; TO ADD SECTION 43-1-270 27 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL 28 SERVICES TO PROVIDE A SPECIFIED NUMBER OF CHILD 29 DEVELOPMENT SERVICES SLOTS IN CERTAIN COUNTIES 30 USING STATE AND TITLE XX FUNDING; TO RENAME 31 CHAPTER 6, TITLE 44 “DEPARTMENT OF HEALTH 32 OVERSIGHT AND FINANCE”; AND TO REPEAL ARTICLE 3, 33 CHAPTER 6, TITLE 44, RELATING TO CHILD 34 DEVELOPMENT SERVICES PROVIDED BY THE 35 DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO 36 AMEND CHAPTER 4 OF TITLE 48, AS AMENDED, 37 SECTIONS 48-9-15, 51-17-10, 51-17-50, BOTH AS AMENDED, 38 51-17-70, 51-17-90, 51-17-130, BOTH AS AMENDED, 51-18-60, 39 1-5-40, 48-45-80, 48-59-40, 49-23-20, 49-25-40, 50-1-5, 50-3-180, 40 50-3-720, 50-3-910, 50-3-1120, 50-5-1950, AND 50-11-20, ALL 41 PERTAINING TO THE DEPARTMENT OF NATURAL 42 RESOURCES AND RELATED MATTERS, SO AS TO 43 PROVIDE THAT THE DEPARTMENT OF NATURAL
1 [80] 4 1 RESOURCES EFFECTIVE JANUARY 1, 2006, WILL BE AN 2 EXECUTIVE CABINET AGENCY HEADED BY A DIRECTOR 3 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND 4 CONSENT OF THE SENATE WITH THE CURRENT BOARD 5 OF THE DEPARTMENT TO BECOME ADVISORY; TO 6 AMEND SECTIONS 20-7-2700, 20-7-2710, 20-7-2870, 7 20-7-2980, 20-7-2990, AND 20-7-3097, ALL AS AMENDED, 8 ALL RELATING TO THE LICENSURE AND REGULATION 9 OF CHILDCARE FACILITIES, SO AS TO REMOVE THE 10 AUTHORITY, DUTIES, AND RESPONSIBILITIES OF SUCH 11 LICENSURE AND REGULATION FROM THE DEPARTMENT 12 OF SOCIAL SERVICES AND TO PLACE THEM WITH THE 13 DEPARTMENT OF HEALTH AND ENVIRONMENTAL 14 CONTROL; AND TO AMEND SECTION 20-7-3050, 15 RELATING TO THE DUTIES OF THE STATE ADVISORY 16 COMMITTEE ON THE REGULATION OF CHILDCARE 17 FACILITIES, SO AS TO PROVIDE THAT THE COMMITTEE 18 MAKE RECOMMENDATIONS ABOUT CHANGES IN 19 REGULATIONS TO THE BOARD OF THE DEPARTMENT OF 20 HEALTH AND ENVIRONMENTAL CONTROL. 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 PART I 26 27 Executive Department 28 29 SECTION 1. Section 2-13-240(a) of the 1976 Code, as last 30 amended by Act 419 of 1998, is further amended to read: 31 32 “(a) Sets of the Code of Laws of South Carolina, 1976, shall be 33 distributed by the Legislative Council as follows: 34 (1) Governor, three; 35 (2) Lieutenant Governor, two four; 36 (3) Secretary of State, three; 37 (4) Treasurer, one; 38 (5) Attorney General, fifty; 39 (6) Adjutant General, one; 40 (7) Comptroller General, two; 41 (8) Superintendent of Education, two; 42 (9) Commissioner of Agriculture, two; 43 (10) each member of the General Assembly, one;
1 [80] 5 1 (11) office of the Speaker of the House of Representatives, 2 one; 3 (12) Clerk of the Senate, one; 4 (13) Clerk of the House of Representatives, one; 5 (14) each committee room of the General Assembly, one; 6 (15) each member of the Legislative Council, one; 7 (16) Code Commissioner, one; 8 (17) Legislative Council, ten; 9 (18) Supreme Court, fourteen; 10 (19) Court Administration Office, five; 11 (20) each circuit court judge, one; 12 (21) each circuit court solicitor, one; 13 (22) each family court judge, one; 14 (23) each county court judge, one; 15 (24) Administrative Law Judge Division, nine; 16 (25) College of Charleston, one; 17 (26) The Citadel, two; 18 (27) Clemson University, three; 19 (28) Francis Marion College, one; 20 (29) Lander College, one; 21 (30) Medical University of South Carolina, two; 22 (31) South Carolina State College, two; 23 (32) University of South Carolina, four; 24 (33) each regional campus of the University of South 25 Carolina, one; 26 (34) University of South Carolina Law School, forty-six; 27 (35) Winthrop College, two; 28 (36) each technical college or center, one; 29 (37) each county governing body, one; 30 (38) each county clerk of court and register of deeds where 31 such offices are separate, one; 32 (39) each county auditor, one; 33 (40) each county coroner, one; 34 (41) each county magistrate, one; 35 (42) each county master in equity, one; 36 (43) each county probate judge, one; 37 (44) each county public library, one; 38 (45) each county sheriff, one; 39 (46) each public defender, one; 40 (47) each county superintendent of education, one; 41 (48) each county treasurer, one; 42 (49) Library of Congress, three; 43 (50) United States Supreme Court, one;
1 [80] 6 1 (51) each member of Congress from South Carolina, one; 2 (52) each state library which furnishes this State a free set of 3 its Code of Laws, one; 4 (53) Division of Aeronautics of the Department of Commerce 5 Transportation, one; 6 (54) Department of Alcohol and other Drug Abuse Services, 7 one RESERVED; 8 (55) Department of Archives and History, one; 9 (56) Board of Bank Control, one; 10 (57) Commissioner of Banking, one; 11 (58) Budget and Control Board: 12 (a) Auditor, six Executive Director, two; 13 (b) General Services Division, six Auditor, three; 14 (c) Personnel Division, one State House, Legislative and 15 Judicial Facilities Operations Division, two; 16 (d) Research and Statistical Services Division, one Budget 17 and Analyses Division; one; 18 (e) Retirement System Division, one; 19 (f) Insurance and Grants Services Division, one; 20 (g) Procurement Services Division, one; 21 (h) Strategic Planning and Operations Division, one; 22 (i) Internal Audit and Performance Review Division, one; 23 (j) Office of State Chief Information Officer, one; 24 (59) Children’s Bureau, one RESERVED; 25 (59A) Department of Behavioral Health Services: 26 (a) Division of Alcohol and other Drug Abuse Services, 27 one; 28 (b) Division of Continuum of Care, one; 29 (c) Division of Mental Health, three; 30 (60) Department of Consumer Affairs, one; 31 (61) Department of Corrections, two; 32 (62) Criminal Justice Academy, one; 33 (63) Department of Commerce, five; 34 (64) Employment Security Commission, two; 35 (65) Ethics Commission, one; 36 (66) Forestry Commission, one; 37 (67) Department of Health and Environmental Control, five 38 (67A) Department of Health Oversight and Finance, four; 39 (68) Department of Transportation, five; 40 (69) Department of Public Safety, five; 41 (70) Human Affairs Commission, one; 42 (71) Workers’ Compensation Commission, seven; 43 (72) Department of Insurance, two;
1 [80] 7 1 (73) Department of Juvenile Justice and Aftercare, one; 2 (74) Department of Labor, Licensing and Regulation, two; 3 (75) South Carolina Law Enforcement Division, four; 4 (76) Legislative Audit Council, one; 5 (77) State Library, three; 6 (78) Department of Mental Health, three RESERVED; 7 (79) Department of Disabilities and Special Needs, five six; 8 (80) Ports Authority, one; 9 (81) Department of Probation, Parole and Pardon, two; 10 (82) Public Service Commission, three; 11 (83) Department of Social Services, two; 12 (84) Department of Revenue, six; 13 (85) Board for Technical and Comprehensive Education, one; 14 (86) Veterans’ Affairs Division of the Governor’s office, one; 15 (87) Vocational Rehabilitation, one; 16 (88) Department of Natural Resources, four; 17 (89) Department of Administration, five.” 18 19 SECTION 2. The provisions of this part take effect July 1, 2006. 20 21 PART II 22 23 Department and Office Organization 24 25 SECTION 1. Chapter 30, Title 1 of the 1976 Code, as last 26 amended by Act 299 of 2004, is further amended to read: 27 28 “Section 1-30-10. (A) There are hereby created, within the 29 executive branch of the state government, the following 30 departments: 31 1. Department of Agriculture 32 2. Department of Alcohol and Other Drug Abuse Services 33 3. Department of Commerce 34 4. Department of Corrections 35 5. Department of Disabilities and Special Needs 36 6. Department of Education 37 7. Department of Health and Environmental Control 38 8. Department of Health and Human Services 39 9. Department of Insurance 40 10. Department of Juvenile Justice 41 11. Department of Labor, Licensing, and Regulation 42 12. Department of Mental Health 43 13. Department of Natural Resources
1 [80] 8 1 14. Department of Parks, Recreation and Tourism 2 15. Department of Probation, Parole, and Pardon Services 3 16. Department of Public Safety 4 17. Department of Revenue 5 18. Department of Social Services 6 19. Department of Transportation 7 a. Department of Administration 8 b. Department of Agriculture 9 c. Department of Behavioral Health Services 10 d. Department of Commerce 11 e. Department of Corrections 12 f. Department of Disabilities and Special Needs 13 g. Department of Education 14 h. Department of Health and Environmental Control 15 i. Department of Health Oversight and Finance 16 j. Department of Insurance 17 k. Department of Juvenile Justice 18 l. Department of Labor, Licensing and Regulation 19 m. Department of Motor Vehicles 20 n. Department of Natural Resources 21 o. Department of Parks, Recreation and Tourism 22 p. Department of Probation, Parole and Pardon Services 23 q. Department of Public Safety 24 r. Department of Revenue 25 s. Department of Social Services 26 t. Department of Transportation 27 (B)(1) The governing authority of each department shall be 28 either: 29 (i)a director, and in the case of the Department of 30 Commerce, the or a secretary, who must be appointed by the 31 Governor with the advice and consent of the Senate, subject to 32 removal from office by the Governor pursuant to provisions of 33 Section 1-3-240(B); or, 34 (ii) a seven member board to be appointed and constituted 35 in a manner provided for by law; or, 36 (iii) in the case of the Department of Agriculture and the 37 Department of Education, the State Commissioner of Agriculture 38 and the State Superintendent of Education, respectively, elected to 39 office under the Constitution of this State. 40 (2) In making appointments to boards and an appointment 41 for a governing authority of a department directors, race, gender, 42 and other demographic factors should be considered to assure 43 nondiscrimination, inclusion, and representation to the greatest
1 [80] 9 1 extent possible of all segments of the population of this State; 2 however, consideration of these factors in no way creates a cause 3 of action or basis for an employee grievance for a person 4 appointed or for a person who fails to be appointed. The Governor 5 in making the appointments provided for by this section shall 6 endeavor to appoint individuals who have demonstrated exemplary 7 managerial skills in either the public or private sector. 8 (C) Each department shall be organized into appropriate 9 divisions subdivisions by the governing authority of the 10 department through further consolidation or further subdivision. 11 The power to organize and reorganize the department supersedes 12 any provision of law to the contrary pertaining to individual 13 divisions; provided, however, the into divisions lies with the 14 General Assembly in furtherance of its mandate pursuant to Article 15 XII of the South Carolina Constitution. The dissolution of any 16 division must receive legislative approval by authorization 17 included in the annual general appropriations act likewise be 18 statutorily approved by the General Assembly. 19 Any other approval procedures for department reorganization in 20 effect on the effective date of this act no longer apply. 21 (D) The governing authority of a department is vested with the 22 duty of overseeing, managing, and controlling the operation, 23 administration, and organization of the department. The governing 24 authority has the power to create and appoint standing or ad hoc 25 advisory committees in its discretion or at the direction of the 26 Governor to assist the department in particular areas of public 27 concern or professional expertise as is deemed appropriate. Such 28 committees shall serve at the pleasure of the governing authority 29 and committee members shall not receive salary or per diem, but 30 shall be entitled to reimbursement for actual and necessary 31 expenses incurred pursuant to the discharge of official duties not to 32 exceed the per diem, mileage, and subsistence amounts allowed by 33 law for members of boards, commissions, and committees. 34 (E) The governing authority of a department director may 35 appoint deputy directors deputies to head the divisions of their 36 department, with each deputy director managing one or more of 37 the divisions; in the case of the Department of Commerce, the 38 Secretary of Commerce may appoint a departmental executive 39 director and also may appoint directors to manage the various 40 divisions of the Department of Commerce. In making 41 appointments race, gender, and other demographic factors should 42 be considered to assure nondiscrimination, inclusion, and 43 representation to the greatest extent possible of all segments of the
1 [80] 10 1 population of this State; however, consideration of these factors in 2 making an appointment in no way creates a cause of action or basis 3 for an employee grievance for a person appointed or for a person 4 who fails to be appointed. Deputy directors Deputies serve at the 5 will and pleasure of the department director governing authority. 6 The deputy director of a division is vested with the duty of 7 overseeing, managing, and controlling the operation and 8 administration of the division under the direction and control of the 9 department director department’s governing authority and 10 performing such other duties as delegated by the department 11 director department’s governing authority. 12 (F)(1) In the event a vacancy should occur occurs in the office 13 of department director the department’s governing authority at a 14 time when the General Assembly is not in session, the Governor 15 may temporarily fill the vacancy pursuant to Section 1-3-210. 16 (2) Notwithstanding the provisions of subitem (F)(1), as of 17 July 1, 1993, for each department created pursuant to the 18 provisions of this act which must be governed by a single director, 19 an initial interim director shall serve as the governing authority, 20 serving until January 31, 1994. During that period the following 21 departments must be governed by the director or interim director 22 of the following agencies as of June 30, 1993: 23 (i)Department of Corrections, created pursuant to Section 24 1-30-30, by the director of the former Department of Corrections; 25 (ii) Department of Juvenile Justice created pursuant to 26 Section 1-30-60, by the interim director of the former Department 27 of Youth Services; 28 (iii) Department of Probation, Parole, and Pardon Services 29 created pursuant to Section 1-30-85 by the director of the former 30 Department of Probation, Pardon and Parole; 31 (iv) Department of Social Services created pursuant to 32 Section 1-30-100, by the director of the former Department of 33 Social Services; 34 (v) Department of Parks, Recreation and Tourism created 35 pursuant to Section 1-30-80, by the director of the former 36 Department of Parks, Recreation and Tourism; 37 (vi) Department of Commerce created pursuant to Section 38 1-30-25, by the Executive Director of the former State 39 Development Board; 40 (vii) Department of Alcohol and Other Drug Abuse 41 Services created pursuant to Section 1-30-20, by the director of the 42 former South Carolina Commission on Alcohol and Drug Abuse.
1 [80] 11 1 (3) As of December 1, 1993, the Governor must submit to 2 the Senate the names of appointees to the permanent department 3 directorships for those departments created on July 1, 1993 and 4 February 1, 1994. If no person has been appointed and qualified 5 for a directorship as of February 1, 1994, the Governor may 6 appoint an interim director to serve pursuant to the provisions of 7 (F)(1). 8 (4) Notwithstanding provisions of (2) and (3) to the contrary, 9 the initial interim director of the Department of Public Safety shall 10 be appointed by the Budget and Control Board. The initial interim 11 director may be appointed as the permanent director of the 12 department by the Governor. 13 (G)(1) Department and agency governing authorities must, no 14 later than the first day of the 1994 2006 legislative session and 15 every twelve months thereafter for the following three years, 16 submit to the Governor and General Assembly reports giving 17 detailed and comprehensive recommendations for the purposes of 18 merging or eliminating duplicative or unnecessary divisions, 19 programs, or personnel within each department to provide a more 20 efficient administration of government services. If an agency or 21 department has no recommendations for restructuring of divisions, 22 programs, or personnel, its report must contain a statement to that 23 effect. Upon their receipt by the President of the Senate and the 24 Speaker of the House, these reports must be referred as 25 information to the standing committees of the respective bodies 26 most jurisdictionally related in subject matter to each agency. 27 Alternatively, the House and Senate may provide by rule for the 28 referral of these reports. Thereafter, The Governor shall must 29 periodically consult with the governing authorities of the various 30 departments and upon such consultation, the Governor shall must 31 submit a report of any restructuring recommendations to the 32 General Assembly for its review and consideration. 33 (2) The Governor shall report to the General Assembly no 34 later than the second Tuesday in January of 1994, his 35 recommendation for restructuring the following offices and 36 divisions presently under his direct supervision, and as to how 37 each might be restructured within other appropriate departments or 38 divisions amended by this act: 39 (i) Office of Executive Policy and Programs; 40 (ii) Office of Energy Programs; 41 (iii) Office of Personnel and Program Services; 42 (iv) Office of Research; 43 (v) Division of Health;
1 [80] 12 1 (vi) Division of Economic Opportunity; 2 (vii) Division of Economic of Development; 3 (viii) Division of Ombudsman and Citizens’ Services; 4 (ix) Division of Education; 5 (x) Division of Natural Resources; 6 (xi) Division of Human Services. 7 Department and agency governing authorities must, no later than 8 the first day of the 2006 legislative session, and every three years 9 thereafter, submit to the Governor and the General Assembly a 10 three - year plan that provides initiatives and/or planned actions that 11 implement cost savings and increased efficiencies of services and 12 responsibilities within the projected three - year period. 13 (H) Department governing authorities must submit to the 14 General Assembly by the first day of the 1994 legislative session 15 and every five years thereafter a mission statement that must be 16 approved by the General Assembly by Joint Resolution. 17 RESERVED 18 19 Section 1-30-15. Effective on July 1, 1993, the following 20 agencies, boards, and commissions, including all of the allied, 21 advisory, affiliated, or related entities as well as the employees, 22 funds, property and all contractual rights and obligations 23 associated with any such agency, except for those subdivisions 24 specifically included under another department, are hereby 25 transferred to and incorporated in and shall be administered as part 26 of the Department of Agriculture: 27 Department of Agriculture, formerly provided for at Section 28 46-39-10, et seq. 29 30 Section 1-30-20. (A) Effective on July 1, 1993, the following 31 agencies, boards, and commissions, including all of the allied, 32 advisory, affiliated, or related entities as well as the employees, 33 funds, property and all contractual rights and obligations 34 associated with any such agency, except for those subdivisions 35 specifically included under another department, are hereby 36 transferred to and incorporated in and shall be administered as part 37 of the Department of Alcohol and Other Drug Abuse Services: 38 (A)(1) South Carolina Commission on Alcohol and Drug 39 Abuse, formerly provided for at Section 44-49-10, et seq.; 40 (B)(2) Drug-free Schools and Communities Program in the 41 Governor’s Office, provided for under grant programs. 42 (B) Effective on July 1, 2006, the Department of Alcohol and 43 Other Drug Abuse Services, as constituted in subsection (A),
1 [80] 13 1 including all allied, advisory, affiliated, or related entities as well 2 as the employees, funds, property and all contractual rights and 3 obligations associated with the department and these entities, 4 except for those subdivisions specifically included or transferred to 5 another department or division, is transferred to the Department of 6 Behavioral Health Services, Division of Alcohol and Other Drug 7 Abuse Services, and all powers, duties, obligations, and 8 responsibilities of the Department of Alcohol and Other Drug 9 Abuse Services are devolved upon the Division of Alcohol and 10 Other Drug Abuse Services. 11 12 Section 1 - 30 - 22. (A) Effective July 1, 2006, the following 13 divisions, offices, programs, or components are transferred to and 14 incorporated in the Department of Administration, which shall be a 15 department of the executive branch of state government headed by 16 a director appointed by the Governor as provided in Section 17 1 - 30 - 10(B)(1)(i): 18 (1) the Division of General Services of the Budget and 19 Control Board; 20 (2) the Office of Energy in the Insurance and Grants 21 Services Division of the Budget and Control Board; 22 (3) the Office of Administrative Services of the Office of the 23 Governor. 24 (B) Effective July 1, 2006, the Office of State Inspector 25 General in the Department of Administration is established in 26 Chapter 8 of Title 1. 27 (C) Each transferred office must be maintained as a distinct 28 component of the Department of Administration. Any funds 29 appropriated to a distinct component of the department must not be 30 transferred to another component. Any funds appropriated to the 31 department, and not to a distinct component of the department, 32 may be used at the discretion of the director. 33 (D) Where the provisions of this act transfer offices, or portions 34 thereof, of the Budget and Control Board or the Office of the 35 Governor to the Department of Administration, the employees, 36 authorized appropriations, and assets and liabilities of the 37 transferred offices are also transferred to and become part of the 38 Department of Administration. All classified or unclassified 39 personnel employed by these offices on the effective date of this 40 section, either by contract or by employment at will, shall become 41 employees of the Department of Administration, with the same 42 compensation, classification, and grade level, as applicable. The 43 Executive Director of the Budget and Control Board and the Office
1 [80] 14 1 of the Governor shall cause all necessary actions to be taken to 2 accomplish this transfer. 3 (E) Regulations promulgated by these transferred offices as 4 they formerly existed under the Budget and Control Board or 5 Office of the Governor are continued and are considered to be 6 promulgated by these offices under the newly created Department 7 of Administration. 8 (F)(1) As used in this subsection: 9 (a) ‘immediate family’ means a person who is: 10 (i) a spouse; 11 (ii) a child residing in the same household; or 12 (iii) claimed as a dependent for income tax purposes 13 (b) ‘vendor’ means a person or entity who provides or 14 proposes to provide goods or services in excess of an aggregate 15 amount of four hundred thousand dollars to the department 16 pursuant to a contract or contracts for one or more projects within 17 a fiscal year, but does not include an employee of the division, a 18 state agency, or an instrumentality of the State. The term includes 19 a corporation whose shares are traded publicly and which is the 20 parent company of the contracting party in a procurement contract. 21 (2) A vendor must not pay, give, or otherwise make 22 available anything of value in violation of provisions of the South 23 Carolina Ethics Reform Act. A person who violates the act is 24 subject to the provisions of Sections 11 - 35 - 4220 and 11 - 35 - 4230. 25 (3) A vendor who has entered into the competitive 26 solicitation process for a contract or contracts or who has been 27 awarded a contract or contracts with the department shall not 28 contribute to or make independent expenditures relative to the 29 campaign of a candidate for the General Assembly or a statewide 30 constitutional office, to a political party, as defined in Section 31 8 - 13 - 1300(26), or to a committee, as defined in Section 32 8 - 13 - 1300(6), during the competitive solicitation process or during 33 the term of the contract or contracts. 34 (4) The prohibition in item (3) specifically applies to the 35 officer or board member of a vendor, holders of an interest in a 36 vendor of more than ten percent, and their immediate family 37 members. 38 39 Section 1 - 30 - 23. (A) Effective on July 1, 2006, the following 40 agencies, boards, and commissions, including all of the allied, 41 advisory, affiliated, or related entities as well as the employees, 42 funds, property, and all contractual rights and obligations 43 associated with any such agency, except for those subdivisions
1 [80] 15 1 specifically included under another department, are hereby 2 transferred to and incorporated in and shall be administered as part 3 of the Department of Behavioral Health Services to be divided into 4 divisions of Alcohol and Other Drug Abuse Services, Continuum 5 of Care, and Mental Health: 6 (1) Department of Alcohol and Other Drug Abuse Services, 7 as constituted in Section 1 - 30 - 20(A); 8 (2) Continuum of Care, as provided for at Section 9 20 - 7 - 5610, et seq.; and 10 (3) Department of Mental Health, as constituted in Section 11 1 - 30 - 70(A). 12 (B) Each transferred office must be maintained as a distinct 13 component of the Department of Behavioral Health Services. Any 14 funds appropriated to a distinct component of the department must 15 not be transferred to another component. Any funds appropriated 16 to the department, and not to a distinct component of the 17 department, may be used at the discretion of the secretary. 18 (C) Where the provisions of this act transfer offices, or portions 19 thereof, to the Department of Behavioral Health Services, the 20 employees, authorized appropriations, and assets and liabilities of 21 the transferred offices are also transferred to and become part of 22 the Department of Behavioral Health Services. All classified or 23 unclassified personnel employed by these offices on the effective 24 date of this section, either by contract or by employment at will, 25 shall become employees of the Department of Behavioral Health 26 Services, with the same compensation, classification, and grade 27 level, as applicable. 28 (D) Regulations promulgated by these transferred offices as 29 they formerly existed are continued and are considered to be 30 promulgated by these offices under the newly created Department 31 of Behavioral Health Services. 32 33 Section 1-30-25. Effective on July 1, 1993, the following 34 agencies, boards, and commissions, including all of the allied, 35 advisory, affiliated, or related entities as well as the employees, 36 funds, property, and all contractual rights and obligations 37 associated with any such agency, except for those subdivisions 38 specifically included under another department, are hereby 39 transferred to and incorporated in and shall be administered as part 40 of the Department of Commerce to be initially divided into 41 divisions for Aeronautics, Advisory Coordinating Council for 42 Economic Development, State Development, Public Railways, and 43 Savannah Valley Development:
1 [80] 16 1 (A) South Carolina Aeronautics Commission, formerly 2 provided for at Section 55-5-10, et seq.; 3 (B) Coordinating Council for Economic Development, 4 formerly provided for at Section 41-45-30, et seq.; 5 (C) Savannah Valley Authority, formerly provided for at 6 Section 13-9-10, et seq.; 7 (D) State Development Board, including the South Carolina 8 Film Commission, formerly provided for in Section 13-3-10, et 9 seq., except that the department must make reasonable rules and 10 promulgate reasonable regulations to ensure that funds made 11 available to film projects through its film commission are budgeted 12 and spent so as to further the following objectives: 13 (1) stimulation of economic activity to develop the 14 potentialities of the State; 15 (2) conservation, restoration, and development of the 16 natural and physical, the human and social, and the economic and 17 productive resources of the State; 18 (3) promotion of a system of transportation for the State, 19 through development and expansion of the highway, railroad, port, 20 waterway, and airport systems; 21 (4) promotion and correlation of state and local activity in 22 planning public works projects; 23 (5) promotion of public interest in the development of the 24 State through cooperation with public agencies, private enterprises, 25 and charitable and social institutions; 26 (6) encouragement of industrial development, private 27 business, commercial enterprise, agricultural production, 28 transportation, and the utilization and investment of capital within 29 the State; 30 (7) assistance in the development of existing state and 31 interstate trade, commerce, and markets for South Carolina goods 32 and in the removal of barriers to the industrial, commercial, and 33 agricultural development of the State; 34 (8) assistance in ensuring stability in employment, 35 increasing the opportunities for employment of the citizens of the 36 State, devising ways and means to raise the living standards of the 37 people of the State; 38 (9) enhancement of the general welfare of the people; and 39 (10) encouragement and consideration as appropriate so as 40 to consider race, gender, and other demographic factors to ensure 41 nondiscrimination, inclusion, and representation of all segments of 42 the State to the greatest extent possible.”
1 [80] 17 1 (E) South Carolina Public Railways Commission, formerly 2 provided for at Section 58-19-10, et seq. 3 4 Section 1-30-30. Effective on July 1, 1993, the following 5 agencies, boards, and commissions, including all of the allied, 6 advisory, affiliated, or related entities as well as the employees, 7 funds, property and all contractual rights and obligations 8 associated with any such agency, except for those subdivisions 9 specifically included under another department, are hereby 10 transferred to and incorporated in and shall be administered as part 11 of the Department of Corrections: 12 Department of Corrections, formerly provided for at Section 13 24-1-10, et seq. 14 15 Section 1-30-35. (A) Effective on July 1, 1993, the following 16 agencies, boards, and commissions, including all of the allied, 17 advisory, affiliated, or related entities as well as the employees, 18 funds, property and all contractual rights and obligations 19 associated with any such agency, except for those subdivisions 20 specifically included under another department, are hereby 21 transferred to and incorporated in and shall be administered as part 22 of the Department of Disabilities and Special Needs to be initially 23 divided into divisions for Mental Retardation, Head and Spinal 24 Cord Injury, and Autism; provided, however, that the board of the 25 former Department of Mental Retardation as constituted on June 26 30, 1993, and thereafter, under the provisions of Section 44-19-10, 27 et seq., shall be the governing authority for the department. 28 (A)(1) Department of Mental Health Autism programs, 29 formerly provided for at Section 44-9-10, et seq.; 30 (B)(2) Head and Spinal Cord Injury Information System, 31 formerly provided for at Section 44-38-10, et seq.; 32 (C)(3) Department of Mental Retardation, formerly provided 33 for at Section 44-19-10, et seq. 34 (B) Effective on July 1, 2006, Babynet, as provided for in 35 Section 44 - 7 - 2510 et seq., including all allied, advisory, affiliated, 36 or related entities as well as the employees, funds, property and all 37 contractual rights and obligations associated with the department 38 and these entities, except for those subdivisions specifically 39 included or transferred to another department or division, is 40 transferred from the Department of Health and Environmental 41 Control, as constituted in Section 1 - 30 - 45(A), to the Department of 42 Disabilities and Special Needs, Division of Babynet Services, and 43 all powers, duties, obligations, and responsibilities of Babynet are
1 [80] 18 1 devolved upon the Department of Disabilities and Special Needs, 2 Division of Babynet Services. 3 4 Section 1-30-40. Effective on July 1, 1993, the following 5 agencies, boards, and commissions, including all of the allied, 6 advisory, affiliated, or related entities as well as the employees, 7 funds, property and all contractual rights and obligations 8 associated with any such agency, except for those subdivisions 9 specifically included under another department, are hereby 10 transferred to and incorporated in and shall be administered as part 11 of the Department of Education: 12 State Department of Education, provided for at Section 59-5-10, 13 et seq. 14 15 Section 1-30-45. Effective on July 1, 1994, the following 16 agencies, boards, and commissions, including all of the allied, 17 advisory, affiliated, or related entities as well as the employees, 18 funds, property and all contractual rights and obligations 19 associated with any such agency, except for those subdivisions 20 specifically included under another department, are hereby 21 transferred to and incorporated in and shall be administered as part 22 of the Department of Health and Environmental Control and to 23 include a coastal division: 24 (A)(1) Department of Health and Environmental Control, 25 formerly provided for at Section 44-1-10, et seq.; 26 (B)(2) South Carolina Coastal Council, formerly provided for 27 at Section 48-39-10, et seq.; 28 (C)(3) State Land Resources Conservation Commission 29 regulatory division, formerly provided for at Section 48-9-10, et 30 seq.; 31 (D)(4) Water Resources Commission regulatory division, 32 formerly provided for at Section 49-3-10, et seq. 33 (B) Effective on January 1, 2006, the regulation of day care 34 facilities in the Department of Social Services, including all allied, 35 advisory, affiliated, or related entities as well as the employees, 36 funds, property and all contractual rights and obligations 37 associated with the regulation of day care facilities, except for 38 those subdivisions specifically included or transferred to another 39 department or division, is transferred to the Department of Health 40 and Environmental Control, as constituted in subsection (A), and 41 all powers, duties, obligations, and responsibilities for the 42 regulation of day care facilities are devolved upon the Department 43 of Health and Environmental Control.
1 [80] 19 1 (C) Effective on July 1, 2006, Babynet, as provided for in 2 Section 44 - 7 - 2510 et seq., including all allied, advisory, affiliated, 3 or related entities as well as the employees, funds, property and all 4 contractual rights and obligations associated with the regulation of 5 day care facilities, except for those subdivisions specifically 6 included or transferred to another department or division, is 7 transferred from the Department of Health and Environmental 8 Control, as constituted in subsection (A), to the Department of 9 Disabilities and Special Needs, Division of Babynet Services and 10 all powers, duties, obligations, and responsibilities of Babynet are 11 devolved upon the Department of Disabilities and Special Needs, 12 Division of Babynet Services. 13 14 Section 1-30-50. (A) Effective on July 1, 1995, the following 15 agencies, boards, and commissions, including all of the allied, 16 advisory, affiliated, or related entities as well as the employees, 17 funds, property and all contractual rights and obligations 18 associated with any such agency, except for those subdivisions 19 specifically included under another department, are hereby 20 transferred to and incorporated in and shall be administered as part 21 of the Department of Health and Human Services: 22 Department of Health and Human Services Finance 23 Commission, formerly provided for at Section 44-6-10, et seq. 24 (B) Effective on January 1, 2006, the Department of Health and 25 Human Services, as constituted in subsection (A), including all 26 allied, advisory, affiliated, or related entities as well as the 27 employees, funds, property and all contractual rights and 28 obligations associated with these agencies, boards, commissions, 29 and these entities, except for those subdivisions specifically 30 included or transferred to another department, are transferred to the 31 Department of Health Oversight and Finance, and all powers, 32 duties, obligations, and responsibilities of these agencies, boards, 33 and commissions are devolved upon the Department of Health 34 Oversight and Finance. 35 36 Section 1-30-55. Effective on July 1, 1995, the following 37 agencies, boards, and commissions, including all of the allied, 38 advisory, affiliated, or related entities as well as the employees, 39 funds, property and all contractual rights and obligations 40 associated with any such agency, except for those subdivisions 41 specifically included under another department, are hereby 42 transferred to and incorporated in and shall be administered as part 43 of the Department of Insurance:
1 [80] 20 1 Department of Insurance, formerly provided for at Section 2 38-3-10, et seq. 3 4 Section 1-30-60. Effective on July 1, 1993, the following 5 agencies, boards, and commissions, including all of the allied, 6 advisory, affiliated, or related entities as well as the employees, 7 funds, property and all contractual rights and obligations 8 associated with any such agency, except for those subdivisions 9 specifically included under another department, are hereby 10 transferred to and incorporated in and shall be administered as part 11 of the Department of Juvenile Justice: 12 Department of Youth Services, formerly provided for at Section 13 20-7-6805, et seq. 14 15 Section 1-30-65. Effective on February 1, 1994, the following 16 agencies, boards, and commissions, including all of the allied, 17 advisory, affiliated, or related entities as well as the employees, 18 funds, property and all contractual rights and obligations 19 associated with any such agency, except for those subdivisions 20 specifically included under another department, are hereby 21 transferred to and incorporated in and shall be administered as part 22 of the Department of Labor, Licensing, and Regulation to be 23 initially divided into divisions for Labor, State Fire Marshal, and 24 Professional and Occupational Licensing: 25 (A) Fire Marshal Division of Budget & Control Board, 26 formerly provided for at Section 23-9-10, et seq.; 27 (B) Department of Labor, formerly provided for at Title 12, 28 Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25; 29 (C) Professional and Occupational Licensing Boards 30 including: 31 Accountancy Board, formerly provided for at Section 32 40-1-10, et seq.; 33 Architectural Board of Examiners, formerly provided for at 34 Section 40-3-10, et seq.; 35 Athletic Commission, formerly provided for at Section 36 52-7-10, et seq.; 37 Auctioneers Commission, formerly provided for at Section 38 40-6-10, et seq.; 39 Barber Examiners Board, formerly provided for at Section 40 40-7-10, et seq.; 41 Barrier Free Design Board, formerly provided for at 42 Section 10-5-210, et seq.;
1 [80] 21 1 Building Code Council, formerly provided for at Section 2 6-9-60, et seq.; 3 Burglar Alarm Business, formerly provided for at Section 4 40-79-10, et seq.; 5 Chiropractic Examiners Board, formerly provided for at 6 Section 40-9-10, et seq.; 7 Contractors Licensing Board, formerly provided for at 8 Section 40-11-10, et seq.; 9 Cosmetology Board, formerly provided for at Section 10 40-13-10, et seq.; 11 Dentistry Board, formerly provided for at Section 12 40-15-10, et seq.; 13 Embalmers and Funeral Directors/Funeral Service Board, 14 formerly provided for at Section 40-19-10, et seq.; 15 Engineers and Land Surveyors Board, formerly provided 16 for at Section 40-21-10, et seq.; 17 Environmental Systems Operators Board, formerly 18 provided for at Section 40-23-10, et seq.; 19 Fire Sprinkler Contractors Board, formerly provided for at 20 Section 23-45-10, et seq.; 21 Foresters Registration Board, formerly provided for at 22 Section 48-27-10, et seq.; 23 Geologists Registration Board, formerly provided for at 24 Section 40-77-10, et seq.; 25 Harbor Pilots/Pilotage Commission, formerly provided for 26 at Section 54-15-40, et seq.; 27 Liquefied Petroleum Gas Board, formerly provided for at 28 Section 39-43-20, et seq.; 29 Manufactured Housing Board, formerly provided for at 30 Section 40-29-10, et seq.; 31 Modular Appeals Board, formerly provided for at Section 32 23-43-50, et seq.; 33 Nursing Board, formerly provided for at Section 40-33-10, 34 et seq.; 35 Nursing Home Administrators Board, formerly provided 36 for at Section 40-35-10, et seq.; 37 Occupational Therapy Board, formerly provided for at 38 Section 40-36-10, et seq.; 39 Optometry Board, formerly provided for at Section 40 40-37-10, et seq.; 41 Opticianry Board, formerly provided for at Section 42 40-38-10, et seq.;
1 [80] 22 1 Pharmacy Board, formerly provided for at Section 2 40-43-10, et seq.; 3 Physical Therapy Examiners, formerly provided for at 4 Section 40-45-10, et seq.; 5 Physicians, Surgeons and Osteopaths/Board of Medical 6 Examiners, formerly provided for at Section 40-47-10, et seq.; 7 Podiatry Examiners, formerly provided for at Section 8 40-51-10, et seq.; 9 Professional Counselors, Marital and Family Therapists, 10 formerly provided for at Section 40-75-10, et seq.; 11 Psychology Board of Examiners, formerly provided for at 12 Section 40-55-20, et seq.; 13 Pyrotechnic Safety Board, formerly provided for at Section 14 40-56-10, et seq.; 15 Real Estate Commission regulating Real Estate Brokers, 16 Counsellors Counselors, Salesmen, Auctioneers, and Property 17 Managers, formerly provided for at Section 40-57-10 et seq., and 18 Real Estate Appraisers Board, formerly provided for at Section 19 40-60-10 et seq.; 20 Residential Home Builders Board, formerly provided for at 21 Section 40-59-10, et seq.; 22 Social Worker Board of Examiners, formerly provided for 23 at Section 40-63-10, et seq.; 24 Speech/Language Pathology and Audiology Board of 25 Examiners, formerly provided for at Section 40-67-10, et seq.; 26 Veterinary Medical Examiners, formerly provided for at 27 Section 40-69-10, et seq. 28 29 Section 1-30-70. (A) Effective on July 1, 1993, the following 30 agencies, boards, and commissions, including all of the allied, 31 advisory, affiliated, or related entities as well as the employees, 32 funds, property and all contractual rights and obligations 33 associated with any such agency, except for those subdivisions 34 specifically included under another department, are hereby 35 transferred to and incorporated in and shall be administered as part 36 of the Department of Mental Health to include a Children’s 37 Services Division and shall include: 38 Department of Mental Health, provided for at Section 44-9-10, 39 et seq. 40 (B) Effective on July 1, 2006, the Department of Mental 41 Health, as constituted in subsection (A), including all allied, 42 advisory, affiliated, or related entities as well as the employees, 43 funds, property and all contractual rights and obligations
1 [80] 23 1 associated with the department and these entities, except for those 2 subdivisions specifically included or transferred to another 3 department or division, is transferred to the Department of 4 Behavioral Health Services, Division of Mental Health and all 5 powers, duties, obligations, and responsibilities of the Department 6 of Mental Health are devolved upon the Department of Behavioral 7 Health Services, Division of Mental Health. 8 9 Section 1-30-75. (A) Effective on July 1, 1994, the following 10 agencies, boards, and commissions, including all of the allied, 11 advisory, affiliated, or related entities as well as the employees, 12 funds, property, and all contractual rights and obligations 13 associated with the agency, except for those subdivisions 14 specifically included under another department, are transferred to 15 and incorporated in, and must be administered as part of the 16 Department of Natural Resources. The department must be 17 divided initially into divisions for Land Resources and 18 Conservation Districts, Water Resources, Marine Resources, 19 Wildlife and Freshwater Fisheries, and State Natural Resources 20 Enforcement. The South Carolina Wildlife and Marine Resources 21 Commission, as constituted on June 30, 1993, and after that time, 22 under the provisions of Section 50-3-10 et seq. is the governing 23 authority for the department: 24 (1) Geological Survey of the Office of Research and 25 Statistical Services Statistics Division of the Budget and Control 26 Board, to include the State Geologist, formerly provided for at 27 Section 1-11-10, et seq.; 28 (2) State Land Resources Conservation Commission, less the 29 regulatory division, formerly provided for at Section 48-9-10, et 30 seq.; 31 (3) South Carolina Migratory Waterfowl Commission, 32 formerly provided for at Section 50-11-20, et seq.; 33 (4) Water Resources Commission, less the regulatory 34 division, formerly provided for at Section 49-3-10, et seq.; 35 (5) South Carolina Wildlife and Marine Resources 36 Commission, formerly provided for at Section 50-3-10, et seq. 37 (B) Effective on January 1, 2006, the governing authority of the 38 Department of Natural Resources, as constituted in subsection (A), 39 becomes an advisory board of the department, and all powers, 40 duties, obligations, and responsibilities of the governing authority 41 for the Department of Natural Resources are devolved upon a 42 Director who is appointed by the Governor with the advice and 43 consent of the Senate and who serves at the pleasure of the
1 [80] 24 1 Governor and may be removed by the Governor pursuant to 2 Section 1 - 3 - 240(B). 3 4 Section 1-30-80. Effective on July 1, 1993, the following 5 agencies, boards, and commissions, including all of the allied, 6 advisory, affiliated, or related entities as well as the employees, 7 funds, property, and all contractual rights and obligations 8 associated with any such agency, except for those subdivisions 9 specifically included under another department, are hereby 10 transferred to and incorporated in and shall be administered as part 11 of the Department of Parks, Recreation and Tourism to include a 12 Parks, Recreation and Tourism Division and Film Division. 13 Department of Parks, Recreation and Tourism, formerly 14 provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 15 51-11-10, et seq. 16 17 Section 1-30-85. Effective on July 1, 1993, the following 18 agencies, boards, and commissions, including all of the allied, 19 advisory, affiliated, or related entities as well as the employees, 20 funds, property and all contractual rights and obligations 21 associated with any such agency, except for those subdivisions 22 specifically included under another department, are hereby 23 transferred to and incorporated in and must be administered as part 24 of the Department of Probation, Parole, and Pardon Services: 25 Department of Probation, Pardon, and Parole, formerly provided 26 for at Section 24-21-10, et seq. 27 28 Section 1-30-90. The following agencies, boards, and 29 commissions, including all of the allied, advisory, affiliated, or 30 related entities, as well as the employees, funds, property and all 31 contractual rights and obligations associated with any such agency, 32 except for those subdivisions specifically included under another 33 department, are hereby transferred to and incorporated in and shall 34 be administered as part of the Department of Public Safety to be 35 initially divided into divisions for Highway Patrol, State Police, 36 and Training and Continuing Education. 37 (A) Law Enforcement Hall of Fame, formerly provided for in 38 Section 23-25-10, et seq.; 39 (B) State Highway Patrol, formerly provided for in Section 40 23-5-10, et seq.; 41 (C) Public Service Commission Safety Enforcement, formerly 42 provided in Section 58-3-310;
1 [80] 25 1 (D) Law Enforcement Training Council, formerly provided for 2 in Section 23-23-30, et seq.; 3 (E) Public Safety Division, formerly of the Governor’s Office. 4 5 Section 1-30-95. The following agencies, boards, and 6 commissions, including all of the allied, advisory, affiliated, or 7 related entities as well as the employees, funds, property and all 8 contractual rights and obligations associated with any such agency, 9 except for those subdivisions specifically included under another 10 department, are hereby transferred to and incorporated in and shall 11 be administered as part of the Department of Revenue to be 12 initially divided into divisions for Alcohol Beverage Control and 13 Tax; provided, however, that from July 1, 1993, until February 1, 14 1995, the governing authority of the department shall be the 15 commissioners of the Tax Commission, as constituted June 30, 16 1993, and thereafter, pursuant to the provisions of Section 12-3-10, 17 et seq.; 18 (A) Licensing Division of Alcoholic Beverage Control 19 Commission, formerly provided for at Section 61-1-10, et seq.; 20 (B) Tax Commission, formerly provided for at Section 12-3-10, 21 et seq. 22 23 Section 1-30-100. (A) Effective on July 1, 1993, the following 24 agencies, boards, and commissions, including all of the allied, 25 advisory, affiliated, or related entities as well as the employees, 26 funds, property and all contractual rights and obligations 27 associated with any such agency, except for those subdivisions 28 specifically included under another department, are hereby 29 transferred to and incorporated in and shall be administered as part 30 of the Department of Social Services: 31 Department of Social Services, formerly provided for at Section 32 43-1-10, et seq. 33 (B) Effective on January 1, 2006, the regulation of day care 34 facilities in the Department of Social Services, including all allied, 35 advisory, affiliated, or related entities as well as the employees, 36 funds, property and all contractual rights and obligations 37 associated with the regulation of day care facilities, except for 38 those subdivisions specifically included or transferred to another 39 department or division, is transferred to the Department of Health 40 and Environmental Control, as constituted in Section 1 - 30 - 45(A). 41 42 Section 1-30-105. Effective on July 1, 1993, the following 43 agencies, boards, and commissions, including all of the allied,
1 [80] 26 1 advisory, affiliated, or related entities as well as the employees, 2 funds, property and all contractual rights and obligations 3 associated with any such agency, except for those subdivisions 4 specifically included under another department, are hereby 5 transferred to and incorporated in and shall be administered as part 6 of the Department of Transportation to be initially divided into 7 divisions for Mass Transit, Construction and Maintenance, 8 Engineering and Planning, Finance and Administration; provided, 9 however, that the State Highway Commission as constituted on 10 June 30, 1993, under the provisions of Title 56, shall be the 11 governing authority for the department until February 15, 1994, or 12 as soon as its successors are elected or appointed and qualified, 13 whichever is later: 14 Department of Highways and Public Transportation, except 15 Motor Vehicle Division the Department of Motor Vehicles, as 16 established by Section 56 - 1 - 5, and State Highway Patrol, formerly 17 provided for at Section 56-1-10, et seq. 18 19 Section 1-30-110. (A) Effective July 1, 1993, the following 20 agencies, boards, and commissions, including all of the allied, 21 advisory, affiliated, or related entities as well as the employees, 22 funds, property and all contractual rights and obligations 23 associated with any such agency, except for those subdivisions 24 specifically included under another department, are hereby 25 transferred to and incorporate d in and shall be administered as 26 part of the office of the Governor: 27 (1) Continuum of Care for Emotionally Disturbed Children 28 provided for at Section 20-7-5610, et seq.; 29 (2) Guardian Ad Litem Program, formerly provided for at 30 Section 20-7-121, et seq.; 31 (3) State Office of Victim’s Assistance, formerly provided 32 for at Section 16-3-1110, et seq.; 33 (4) Department of Veterans Affairs, formerly provided for at 34 Section 25-11-10, et seq.; 35 (5) Commission on Women, formerly provided for at 36 Section 1-15-10, et seq.; 37 (6) Commission on Aging, formerly provided for at Section 38 43-21-10, et seq.; 39 (7) Foster Care Review Board, formerly provided for at 40 Section 20-7-2376, et seq.; 41 (8) the Children’s Case Resolution System, as provided for 42 in Section 20 - 7 - 5210 et seq.
1 [80] 27 1 (B) Effective January 1, 2006, the following agencies, boards, 2 and commissions, as constituted in subsection (A), including all of 3 the allied, advisory, affiliated, or related entities as well as the 4 employees, funds, property and all contractual rights and 5 obligations associated with any such agency, except for those 6 subdivisions specifically included or transferred to another 7 department, are transferred to and incorporated in and shall be 8 administered as part of the Office of the Lieutenant Governor: 9 (1) Commission on Aging, provided for at Section 43 - 21 - 10, 10 et seq.; and 11 (2) the Children’s Case Resolution System, as provided for 12 in Section 20 - 7 - 5210 et seq.; and 13 (3) Foster Care Review Board, provided for at Section 14 20 - 7 - 2376, et seq. 15 (C) Effective July 1, 2006, the following agencies, boards, and 16 commissions, as constituted in subsection (A), including all allied, 17 advisory, affiliated, or related entities as well as the employees, 18 funds, property and all contractual rights and obligations 19 associated with these entities, except for those subdivisions 20 specifically included or transferred to another department or 21 division, are transferred to the Department of Behavioral Health 22 Services, Division of Continuum of Care: 23 Continuum of Care, provided for at Section 20 - 7 - 5610, et seq. 24 25 Section 1 - 30 - 115. (A) Effective January 1, 2006, the following 26 agencies, boards, and commissions, as constituted in Section 27 1 - 30 - 110(A), including all of the allied, advisory, affiliated, or 28 related entities as well as the employees, funds, property and all 29 contractual rights and obligations associated with any such agency, 30 except for those subdivisions specifically included or transferred to 31 another department, are transferred from the Office of the 32 Governor to and incorporated in and shall be administered as part 33 of the Office of the Lieutenant Governor: 34 (1) Commission on Aging, provided for at Section 43 - 21 - 10, 35 et seq.; and 36 (2) the Children’s Case Resolution System, as provided for 37 in Section 20 - 7 - 5210 et seq.; and 38 (3) Foster Care Review Board, provided for at Section 39 20 - 7 - 2376, et seq. 40 (B) Each transferred office must be maintained as a distinct 41 component of the Office of the Lieutenant Governor. Any funds 42 appropriated to a distinct component of the department must not be 43 transferred to another component. Any funds appropriated to the
1 [80] 28 1 department, and not to a distinct component of the department, 2 may be used at the discretion of the director. 3 (C) Where the provisions of this act transfer offices, or portions 4 thereof, of the Office of the Governor to the Office of the 5 Lieutenant Governor, the employees, authorized appropriations, 6 and assets and liabilities of the transferred offices are also 7 transferred to and become part of the Office of the Lieutenant 8 Governor. All classified or unclassified personnel employed by 9 these offices on the effective date of this section, either by contract 10 or by employment at will, shall become employees of the Office of 11 the Lieutenant Governor, with the same compensation, 12 classification, and grade level, as applicable. The Office of the 13 Governor shall cause all necessary actions to be taken to 14 accomplish this transfer. 15 (D) Regulations promulgated by these transferred offices as 16 they formerly existed under the Office of the Governor are 17 continued and are considered to be promulgated by these offices 18 under the Office of the Lieutenant Governor. 19 20 Section 1-30-120. Effective July 1, 1993, the following 21 agencies, boards, and commissions, including all of the allied, 22 advisory, affiliated, or related entities as well as the employees, 23 funds, property and all contractual rights and obligations 24 associated with any such agency, except for those subdivisions 25 specifically included under another department, are hereby 26 transferred to and incorporated in and shall be administered as 27 part of the State Law Enforcement Division: 28 (A) Alcoholic Beverage Control Commission enforcement 29 division, formerly provided for at Section 61-1-60, et seq.; 30 (B) State Law Enforcement Division, formerly provided for at 31 Section 23-3-10, et seq.” 32 33 SECTION 2. Unless otherwise provided in this part, the 34 provisions of this part take effect upon approval by the Governor. 35 36 PART III 37 38 Department of Administration 39 40 Subpart 1 41 42 SECTION 1. Section 1-11-20 of the 1976 Code is amended to 43 read:
1 [80] 29 1 2 “Section 1-11-20. (A) The functions of the State Budget and 3 Board shall be are performed, exercised and discharged under the 4 supervision and direction of the Board through three two 5 management entities: (1) the office of Executive Director and (2) 6 the State Auditor; and through eight divisions, the Finance 7 Division (embracing the work of the State Auditor, the former 8 State Budget Commission, the former State Finance Committee 9 and the former Board of Claims for the State of South Carolina), 10 the Purchasing and Property Division (embracing the work of the 11 former Commissioners of the Sinking Fund, the former Board of 12 Phosphate Commissioners, the State Electrician and Engineer, the 13 former Commission on State House and State House Grounds, the 14 central purchasing functions, the former Surplus Procurement 15 Division of the State Research, Planning and Development Board 16 and the Property Custodian) and the Division of Personnel 17 Administration (embracing the work of the former retirement 18 board known as the South Carolina Retirement System and the 19 administration of all laws relating to personnel),: (1) the General 20 Services Division, (2) the Budget and Analyses Division, (3) the 21 Retirement Division, (4) the Insurance and Grants Services 22 Division, (5) the Procurement Services Division, (6) the State 23 Chief Information Officer Division, (7) the Strategic Planning and 24 Operations Division, and (8) the Internal Audit and Performance 25 Review Division. each Each division to consist consists of a 26 director and such the necessary clerical, stenographic, and 27 technical employees as may be necessary, to be employed by the 28 respective directors with the approval of approved by the Board. 29 The State Auditor shall be the director of the Finance Division, ex 30 officio, and the directors of the other divisions shall must be 31 employed by the State Budget and Control Board for such the time 32 and compensation, not greater than the term and compensation for 33 the State Auditor, as shall be fixed by the Board in its judgment. 34 (B) Notwithstanding subsection (A), as of July 1, 2006, the 35 Division of General Services and the Office of Energy in the 36 Insurance and Grants Services Division are transferred to, and 37 incorporated into, the South Carolina Department of 38 Administration. 39 (C) On and after July 1, 2006, and subject to the provisions of 40 Section 1 - 11 - 22, the Budget and Control Board consists of: 41 (1) three management entities; 42 (a) the office of Executive Director; 43 (b) the State Auditor; and
1 [80] 30 1 (c) the Chief Information Officer; 2 (2) one organizational entity: the Coordinating Council for 3 Cultural and Information Services; and 4 (3) seven divisions; 5 (a) State House, Legislative, and Judicial Facilities 6 Operations Division, 7 (b) the Budget and Analyses Division, 8 (c) the Retirement Division, 9 (d) the Insurance and Grants Services Division, 10 (e) the Procurement Services Division, 11 (f) the Strategic Planning and Operations Division, and 12 (g) the Internal Audit and Performance Review Division. 13 (D) On and after July 1, 2006, the Cultural and Information 14 Services organizational entity of the Budget and Control Board is 15 established, as provided in Article 9 of Chapter 11 of Title 1, to 16 coordinate the activities of the State Library, The State Museum, 17 the Old Exchange Commission, the Department of Archives and 18 History, the Educational Television Commission, the Arts 19 Commission, and the Confederate Relic Room of the Budget and 20 Control Board. 21 (E) On and after July 1, 2006, the Budget and Control Board 22 contains an additional division, known as the State House, 23 Legislative, and Judicial Facilities Operations Division, 24 responsible for the operations and management of the State House 25 and its grounds, the Blatt Office Building, the Gressette Office 26 Building, the Supreme Court Building, and the Calhoun Office 27 Building. The Budget and Control Board must not assess any rent, 28 additional rent, or energy surcharges to the General Assembly, the 29 State Senate, the State House of Representatives, or any committee 30 or instrumentality of the General Assembly, the Senate, or House 31 of Representatives; the Judicial Department; Legislative Council; 32 or the Office of Legislative Printing, Information and Technology 33 Systems for use of the buildings and facilities maintained by this 34 division.” 35 36 SECTION 2. Section 1-11-22 of the 1976 Code is amended to 37 read: 38 39 “Section 1-11-22. (A) Notwithstanding any other provision of 40 law, the Budget and Control Board may organize its staff as it 41 deems considers most appropriate to carry out the various duties, 42 responsibilities and authorities assigned to it and to its various 43 divisions and management and organizational entities.
1 [80] 31 1 (B) To the extent that any statutory provision divides any 2 responsibilities of any division, office, or program of the Budget 3 and Control Board between the board and one or more state 4 agencies, the transfer must not proceed until a realignment plan for 5 the allocation of staff, assets, and resources is prepared and 6 presented by the board’s Executive Director, and approved by the 7 board. Upon the board’s approval, the office of the Executive 8 Director must provide for the allocation as specified in the 9 realignment plan as soon as practicable. 10 (C) Notwithstanding any other provision of law, wherever the 11 Budget and Control Board maintains any responsibility related to a 12 program administered by the Department of Administration, 13 whether the responsibility be regulatory, oversight, approval, or 14 other, the board is authorized to expend revenues generated by the 15 programs to support the board’s responsibilities related to the 16 programs. The funds may be retained and expended in subsequent 17 fiscal years.” 18 19 SECTION 3. Chapter 11, Title 1 of the 1976 Code is amended by 20 adding: 21 22 “Section 1-11-54. (A) As used in this section: 23 (1) ‘administrative standard’ means any requirement 24 imposed by the Department of Administration that is binding upon 25 another state agency. 26 (2) ‘regulation’ means any statement of general public 27 applicability that implements or prescribes law or policy or 28 practice requirements of the Department of Administration. 29 (B) Any administrative standard developed by the Department 30 of Administration must be reviewed and approved by the Budget 31 and Control Board prior to implementation. 32 (C) Any regulation promulgated by the Department of 33 Administration must be reviewed by the General Assembly as 34 provided in the Administrative Procedures Act, Chapter 23 of Title 35 1, prior to implementation.” 36 37 SECTION 4. Sections 1-11-55, 1-11-56, 11-11-57, and 1-11-58, 38 all as added by Act 153 of 1997, are amended to read: 39 40 “Section 1-11-55. ‘Governmental body’ means a state 41 government department, commission, council, board, bureau, 42 committee, institution, college, university, technical school, 43 legislative body, government corporation, or other establishment
1 [80] 32 1 or official of the executive, judicial, or legislative branches branch 2 of this State. Governmental body excludes the General Assembly, 3 Legislative Council, the Office of Legislative Printing, Information 4 and Technology Systems, the Judicial Department, and all local 5 political subdivisions such as counties, municipalities, school 6 districts, or public service or special purpose districts. 7 (2)(a) The Budget and Control Board South Carolina 8 Department of Administration, Division of General Services, is 9 hereby designated as the single central broker for the leasing of 10 real property for governmental bodies. No governmental body 11 shall enter into any lease agreement or renew any existing lease 12 except in accordance with the provisions of this section. 13 (b) The Budget and Control Board, Statehouse, Legislative 14 and Judicial Facilities Operations Division is hereby designated as 15 the single central broker for the leasing of real property for the 16 General Assembly, the State Senate, the State House of 17 Representatives, or any committee or instrumentality of the 18 General Assembly, the Senate, or House of Representatives; the 19 Judicial Department; Legislative Council; or the Office of 20 Legislative Printing, Information and Technology Systems. The 21 Budget and Control Board must not assess any rent, additional 22 rent, or energy surcharges to the General Assembly, the State 23 Senate, the State House of Representatives, or any committee or 24 instrumentality of the General Assembly, the Senate, or House of 25 Representatives; the Judicial Department; Legislative Council; or 26 the Office of Legislative Printing, Information and Technology 27 Systems. 28 (3) When any governmental body needs to acquire real 29 property for its operations or any part thereof and state-owned 30 property is not available, it shall notify the Office Division of 31 General Services of its requirement on rental request forms 32 prepared by the office. Such forms shall indicate the amount and 33 location of space desired, the purpose for which it shall be used, 34 the proposed date of occupancy and such other information as 35 General Services may require. Upon receipt of any such request, 36 General Services shall conduct an investigation of available rental 37 space which would adequately meet the governmental body’s 38 requirements, including specific locations which may be suggested 39 and preferred by the governmental body concerned. When suitable 40 space has been located which the governmental body and the 41 office division agree meets necessary requirements and standards 42 for state leasing as prescribed in procedures of the board 43 department as provided for in subsection (5) of this section,
1 [80] 33 1 General Services shall give its written approval to the 2 governmental body to enter into a lease agreement. All proposed 3 lease renewals shall be submitted to General Services by the time 4 specified by General Services. 5 (4) The board department shall adopt procedures to be used for 6 governmental bodies to apply for rental space, for acquiring leased 7 space, and for leasing state-owned space to nonstate lessees. 8 Before implementation, these procedures must be submitted to the 9 Budget and Control Board for approval. 10 (5) Any participant in a property transaction proposed to be 11 entered who maintains that a procedure provided for in this section 12 has not been properly followed, may request review of the 13 transaction by the Director director of the Office Division of 14 General Services of the Department of Administration or his 15 designee. 16 17 Section 1-11-56. The State Budget and Control Board 18 Department of Administration, Division of General Services, in an 19 effort to ensure that funds authorized and appropriated for rent are 20 used in the most efficient manner, is directed to develop a program 21 to manage the leasing of all public and private space of state 22 agencies. The department must submit regulations for the 23 implementation of this section to the General Assembly as 24 provided in the Administrative Procedures Act, Chapter 23 of Title 25 1. The board department regulations, upon General Assembly 26 approval, shall include procedures for: 27 (1) assessing and evaluating agency needs, including the 28 authority to require agency justification for any request to lease 29 public or private space; 30 (2) establishing standards for the quality and quantity of space 31 to be leased by a requesting agency; 32 (3) devising and requiring the use of a standard lease form 33 (approved by the Attorney General) with provisions which assert 34 and protect the state’s prerogatives including, but not limited to, a 35 right of cancellation in the event of: 36 (a) a nonappropriation for the renting agency, 37 (b) a dissolution of the agency, and 38 (c) the availability of public space in substitution for private 39 space being leased by the agency; 40 (4) rejecting an agency’s request for additional space or space 41 at a specific location, or both; 42 (5) directing agencies to be located in public space, when 43 available, before private space can be leased;
1 [80] 34 1 (6) requiring the agency to submit a multi-year financial plan 2 for review by the board’s budget office Budget and Control 3 Board’s Office of State Budget with copies sent to Ways and 4 Means Committee and Senate Finance Committee, before any new 5 lease for space is entered into; and requiring prior review by the 6 Joint Bond Review Committee and the requirement of Budget and 7 Control Board approval before the adoption of any new lease that 8 commits more than one million dollars in a five-year period; and 9 (7) requiring prior review by the Joint Bond Review 10 Committee and the requirement of Budget and Control Board 11 departmental approval before the adoption of any new lease that 12 commits more than one million dollars in a five-year period. 13 14 Section 1-11-57. (1) All transactions involving the exchange of 15 title to real property, made for or by any governmental bodies, 16 excluding political subdivisions of the State, must be 17 recommended by the Department of Administration and approved 18 by and recorded with the State Budget and Control Board. Upon 19 approval of an acquisition of title by any governmental body by 20 the Budget and Control Board, there must be recorded 21 simultaneously with the deed, a certificate of acceptance, which 22 acknowledges the board’s approval of the acquisition. The county 23 recording authority cannot accept for recording any deed not 24 accompanied by a certificate of acceptance. The board may 25 exempt a governmental body from the provisions of this 26 subsection. 27 (2) All state agencies, departments, and institutions authorized 28 by law to accept gifts of tangible personal property shall have 29 executed by its governing body an acknowledgment of acceptance 30 prior to transfer of the tangible personal property to the agency, 31 department, or institution. 32 33 Section 1-11-58. (1) Every state agency, as defined by Section 34 1-19-40, shall annually perform an inventory and prepare a report 35 of all residential and surplus real property owned by it. The report 36 shall be submitted to the State Budget and Control Board 37 Department of Administration, Office Division of General 38 Services, on or before June thirtieth and shall indicate current use, 39 current value, and projected use of the property. Property not 40 currently being utilized for necessary agency operations shall be 41 made available for sale and funds received from the sale of the 42 property shall revert to the general fund.
1 [80] 35 1 (2) The Office Division of General Services will shall review 2 the annual reports addressing real property submitted to it and 3 determine the real property which is surplus to the State. A central 4 listing of such property will be maintained for reference in 5 reviewing subsequent property acquisition needs of agencies. 6 (3) Upon receipt of a request by an agency to acquire 7 additional property, the Office Division of General Services shall 8 review the surplus property list to determine if the agency’s needs 9 can may be met from existing state-owned property. If such 10 property is identified, the Office division of General Services shall 11 act as broker in transferring the property to the requesting agency 12 under terms and conditions that are mutually agreeable to the 13 agencies involved. 14 (4) The Budget and Control Board department may authorize 15 the Office Division of General Services to sell any unassigned 16 surplus real property. The Office of General Services division 17 shall have the discretion to determine the method of disposal to be 18 used, which possible methods include: auction, sealed bids, listing 19 the property with a private broker or any other method determined 20 by the Office of General Services division to be commercially 21 reasonable considering the type and location of property 22 involved.” 23 24 SECTION 5. Section 1-11-65 of the 1976 Code, as last amended 25 by Act 26 of 1989, is further amended to read: 26 27 “Section 1-11-65. (A) All transactions involving real property, 28 made for or by any governmental bodies, excluding political 29 subdivisions of the State, must be recommended by the 30 Department of Administration and approved by and recorded with 31 the State Budget and Control Board. Upon approval of the 32 transaction by the Budget and Control Board, there must be 33 recorded simultaneously with the deed, a certificate of acceptance, 34 which acknowledges the board’s approval of the transaction. The 35 county recording authority cannot accept for recording any deed 36 not accompanied by a certificate of acceptance. The board may 37 exempt a governmental body from the provisions of this 38 subsection. 39 (B) All state agencies, departments, and institutions authorized 40 by law to accept gifts of tangible personal property shall have 41 executed by its governing body an acknowledgment of acceptance 42 prior to transfer of the tangible personal property to the agency, 43 department, or institution.”
1 [80] 36 1 2 SECTION 6. Section 1-11-70 of the 1976 Code is amended to 3 read: 4 5 “Section 1-11-70. All vacant lands and lands purchased by the 6 former land commissioners of the State shall be are subject to the 7 directions of the State Budget and Control Board Department of 8 Administration.” 9 10 SECTION 7. Sections 1-11-80, 1-11-90, 1-11-100, and 1-11-110 11 of the 1976 Code are amended to read: 12 13 “Section 1-11-80. The State Budget and Control Board, after 14 consultation with the South Carolina Department of 15 Administration, is authorized to grant easements and rights of way 16 to any person for construction and maintenance of power lines, 17 pipe lines, water and sewer lines and railroad facilities over, on or 18 under such vacant lands or marshland as are owned by the State, 19 upon payment of the reasonable value thereof. 20 21 Section 1-11-90. The State Budget and Control Board, after 22 consultation with the South Carolina Department of 23 Administration, may grant to agencies or political subdivisions of 24 the State, without compensation, rights of way through and over 25 such marshlands as are owned by the State for the construction and 26 maintenance of roads, streets and highways or power or pipe lines, 27 if, in the judgment of the Budget and Control Board, the interests 28 of the State will not be adversely affected thereby. 29 30 Section 1-11-100. Deeds or other instruments conveying such 31 rights of way or easements over such marshlands or vacant lands 32 as are owned by the State shall be executed by the Governor in the 33 name of the State, when recommended by the South Carolina 34 Department of Administration and authorized by resolution of the 35 Budget and Control Board, duly recorded in the minutes and 36 records of such Board and when duly approved by the office of the 37 Attorney General; deeds or other instruments conveying such 38 easements over property in the name of or under the control of 39 State agencies, institutions, commissions or other bodies shall be 40 executed by the majority of the governing body thereof, shall name 41 both the State of South Carolina and the institution, agency, 42 commission or governing body as grantors, and shall show the
1 [80] 37 1 written approval of the majority of the members of the State 2 Budget and Control Board. 3 4 Section 1-11-110. (1) The State Budget and Control Board, 5 after consultation with the South Carolina Department of 6 Administration, is authorized to acquire real property, including 7 any estate or interest therein, for, and in the name of, the State of 8 South Carolina by gift, purchase, condemnation or otherwise. 9 (2) The State Budget and Control Board, after consultation 10 with the South Carolina Department of Administration, shall make 11 use of the provisions of the Eminent Domain Procedure Act 12 (Chapter 2 of Title 28) if it is necessary to acquire real property by 13 condemnation. The actions must be maintained by and in the 14 name of the Board. The right of condemnation is limited to the 15 right to acquire land necessary for the development of the capitol 16 complex mall in the City of Columbia.” 17 18 SECTION 8. Section 1-11-180 of the 1976 Code, as added by Act 19 145 of 1995, is amended to read: 20 21 “Section 1-11-180. (A) In addition to the powers granted the 22 Budget and Control Board South Carolina Department of 23 Administration under this chapter or any other provision of law, 24 the board department may: 25 (1) survey, appraise, examine, and inspect the condition of 26 state property to determine what is necessary to protect state 27 property against fire or deterioration and to conserve the use of the 28 property for state purposes; 29 (2) approve the destruction or disposal of state agency 30 records; 31 (3) require submission and approval of plans and 32 specifications for permanent improvements by a state department, 33 agency, or institution before a contract is awarded for the 34 permanent improvement; 35 (4) approve blanket bonds for a state department, agency, or 36 institution including bonds for state officials or personnel. 37 However, the form and execution of blanket bonds must be 38 approved by the Attorney General; 39 (5)(3) contract to develop an energy utilization management 40 system for state facilities under its control and to assist other 41 agencies and departments in establishing similar programs. 42 However, this does not authorize capital expenditures.
1 [80] 38 1 (B) The Budget and Control Board South Carolina Department 2 of Administration may must promulgate regulations necessary to 3 carry out this section.” 4 5 SECTION 9. Chapter 11 of Title 1 of the 1976 Code is 6 amended by adding: 7 8 “Section 1-11-185. (A) In addition to the powers granted the 9 Budget and Control Board pursuant to this chapter or another 10 provision of law, the board may require submission and approval 11 of plans and specifications for permanent improvements by a state 12 department, agency, or institution before a contract is awarded for 13 the permanent improvement. 14 (B) The Budget and Control Board may promulgate regulations 15 necessary to carry out its duties. 16 (C) The respective divisions of the Budget and Control Board 17 are authorized to provide to and receive from other governmental 18 entities, including other divisions and state and local agencies and 19 departments, goods and services as will in its opinion promote 20 efficient and economical operations. The divisions may charge 21 and pay the entities for the goods and services, the revenue from 22 which must be deposited in the state treasury in a special account 23 and expended only for the costs of providing the goods and 24 services, and those funds may be retained and expended for the 25 same purposes.” 26 27 SECTION 10. Section 1-11-220 of the 1976 Code is amended to 28 read: 29 30 “Section 1-11-220. There is hereby established within the 31 Budget and Control Board, the Division of Motor Vehicle 32 Management headed by a Director, hereafter referred to as the 33 “State Fleet Manager”, appointed by and reporting directly to the 34 Budget and Control Board, hereafter referred to as the Board. The 35 Board South Carolina Department of Administration shall develop 36 a comprehensive state Fleet Management Program. The program 37 shall must address acquisition, assignment, identification, 38 replacement, disposal, maintenance, and operation of motor 39 vehicles. 40 The Budget and Control Board department shall, through their 41 its policies and regulations, seek to achieve the following 42 objectives:
1 [80] 39 1 (a) to achieve maximum cost-effectiveness management of 2 state-owned motor vehicles in support of the established missions 3 and objectives of the agencies, boards, and commissions. 4 (b) to eliminate unofficial and unauthorized use of state 5 vehicles. 6 (c) to minimize individual assignment of state vehicles. 7 (d) to eliminate the reimbursable use of personal vehicles for 8 accomplishment of official travel when this use is more costly than 9 use of state vehicles. 10 (e) to acquire motor vehicles offering optimum energy 11 efficiency for the tasks to be performed. 12 (f) to insure motor vehicles are operated in a safe manner in 13 accordance with a statewide Fleet Safety Program.” 14 15 SECTION 11. Section 1-11-225 of the 1976 Code is amended to 16 read: 17 18 “Section 1-11-225. The Division of Operations South Carolina 19 Department of Administration shall establish a cost allocation plan 20 to recover the cost of operating the comprehensive statewide Fleet 21 Management Program. The division shall collect, retain, and carry 22 forward funds to ensure continuous administration of the 23 program.” 24 25 SECTION 12. Sections 1-11-250 and 1-11-260, both as last 26 amended by Act 311 of 2002; Section 1-11-270(A) and (B), as last 27 amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; 28 Section 1-11-300, as last amended by Act 419 of 1998; Section 29 1-11-310, as last amended by Act 459 of 1996; Section 1-11-320; 30 Section 1-11-335, as added by Act 145 of 1995; and Section 31 1-11-340 are amended to read: 32 33 “Section 1-11-250. For purposes of Sections 1-11-220 to 34 1-11-330: 35 (a) ‘State agency’ means all officers, departments, boards, 36 commissions, institutions, universities, colleges, and all persons 37 and administrative units of state government that operate motor 38 vehicles purchased, leased, or otherwise held with the use of state 39 funds, pursuant to an appropriation, grant or encumbrance of state 40 funds, or operated pursuant to authority granted by the State. 41 (b) ‘Board’ means State Budget and Control Board. 42 (c) ‘Department’ means the South Carolina Department of 43 Administration.
1 [80] 40 1 2 Section 1-11-260. (A) The Fleet Manager department shall 3 report annually to the Budget and Control Board board and the 4 General Assembly concerning the performance of each state 5 agency in achieving the objectives enumerated in Sections 6 1-11-220 through 1-11-330 and include in the report a summary of 7 the division’s department’s efforts in aiding and assisting the 8 various state agencies in developing and maintaining their 9 management practices in accordance with the comprehensive 10 statewide Motor Vehicle Management Program. This report also 11 shall contain recommended changes in the law and regulations 12 necessary to achieve these objectives. 13 (B) The board department, after consultation with state agency 14 heads, shall promulgate and enforce state policies, procedures, and 15 regulations to achieve the goals of Sections 1-11-220 through 16 1-11-330 and shall recommend administrative penalties to be used 17 by the agencies for violation of prescribed procedures and 18 regulations relating to the Fleet Management Program. 19 20 Section 1-11-270. (A) The board department shall establish 21 criteria for individual assignment of motor vehicles based on the 22 functional requirements of the job, which shall reduce the 23 assignment to situations clearly beneficial to the State. Only the 24 Governor, and statewide elected officials, and agency heads are 25 provided a state-owned vehicle based on their position. Agency 26 heads may be provided a state - owned vehicle if recommended by 27 the department and approved by the Agency Heads Salary 28 Commission. 29 (B) Law enforcement officers, as defined by the agency head, 30 may be permanently assigned state-owned vehicles by their 31 respective agency head. Agency heads may assign a state-owned 32 vehicle to an employee when the vehicle carries or is equipped 33 with special equipment needed to perform duties directly related to 34 the employee’s job, and the employee is either in an emergency 35 response capacity after normal working hours or for logistical 36 reasons it is determined to be in the agency’s interest for the 37 vehicle to remain with the employee. No other employee may be 38 permanently assigned to a state-owned vehicle, unless the 39 assignment is cost advantageous to the State under guidelines 40 developed by the State Fleet Manager department. Statewide 41 elected officials, law enforcement officers, and those employees 42 who have been assigned vehicles because they are in an emergency 43 response capacity after normal working hours are exempt from
1 [80] 41 1 reimbursing the State for commuting miles. Other employees 2 operating a permanently assigned vehicle must reimburse the State 3 for commuting between home and work. 4 5 Section 1-11-280. The Board department shall develop a 6 system of agency-managed and interagency motor pools which 7 are, to the maximum extent possible, cost beneficial to the State. 8 All motor pools shall operate according to regulations promulgated 9 by the Budget and Control Board department. Vehicles shall be 10 placed in motor pools rather than being individually assigned 11 except as specifically authorized by the Board department in 12 accordance with criteria established by the Board department. The 13 motor pool operated by the Division of General Services shall be 14 transferred to the Division of Motor Vehicle Management. 15 Agencies utilizing motor pool vehicles shall utilize trip log forms 16 approved by the Board for each trip, specifying beginning and 17 ending mileage and the job function performed. 18 The provisions of this section shall do not apply to school buses 19 and service vehicles. 20 21 Section 1-11-290. The Board department in consultation with 22 the agencies operating maintenance facilities shall study the 23 cost-effectiveness of such facilities versus commercial alternatives 24 and shall develop a plan for maximally cost-effective vehicle 25 maintenance. The Budget and Control Board department shall 26 promulgate rules and regulations governing vehicle maintenance to 27 effectuate the plan. 28 The State Vehicle Maintenance program shall include: 29 (a) central purchasing of supplies and parts; 30 (b) an effective inventory control system; 31 (c) a uniform work order and record-keeping system assigning 32 actual maintenance cost to each vehicle; and 33 (d) preventive maintenance programs for all types of vehicles. 34 All motor fuels shall be purchased from state facilities except in 35 cases where such purchase is impossible or not cost beneficial to 36 the State. 37 All fuels, lubricants, parts and maintenance costs including 38 those purchased from commercial vendors shall be charged to a 39 state credit card bearing the license plate number of the vehicle 40 serviced and the bill shall include the mileage on the odometer of 41 the vehicle at the time of service. 42
1 [80] 42 1 Section 1-11-300. In accordance with criteria established by the 2 board department, each agency shall develop and implement a 3 uniform cost accounting and reporting system to ascertain the cost 4 per mile of each motor vehicle used by the State under their 5 control. Agencies presently operating under existing systems may 6 continue to do so provided that board approval shall be required 7 and that the existing systems shall be uniform with the criteria 8 established by the board. All expenditures on a vehicle for 9 gasoline and oil shall be purchased in one of the following ways: 10 (1) from state-owned facilities and paid for by the use of 11 Universal State Credit Cards except where agencies purchase these 12 products in bulk; 13 (2) from any fuel outlet where gasoline and oil are sold 14 regardless of whether the outlet accepts a credit or charge card 15 when the purchase is necessary or in the best interest of the State; 16 and 17 (3) from a fuel outlet where gasoline and oil are sold when that 18 outlet agrees to accept the Universal State Credit Card. 19 These provisions regarding purchase of gasoline and oil and 20 usability of the state credit card also apply to alternative 21 transportation fuels where available. The Budget and Control 22 Board Division of Operations shall adjust the appropriation in Part 23 IA, Section 63B, for “Operating Expenses--Lease Fleet” to reflect 24 the dollar savings realized by these provisions and transfer such 25 amount to other areas of the State Fleet Management Program. 26 The Board department shall promulgate regulations regarding the 27 purchase of motor vehicle equipment and supplies to ensure that 28 agencies within a reasonable distance are not duplicating 29 maintenance services or purchasing equipment that is not in the 30 best interest of the State. The Board department shall develop a 31 uniform method to be used by the agencies to determine the cost 32 per mile for each vehicle operated by the State. 33 34 Section 1-11-310. (A) The State Budget and Control Board 35 South Carolina Department of Administration shall purchase, 36 acquire, transfer, replace, and dispose of all motor vehicles on the 37 basis of maximum cost-effectiveness and lowest anticipated total 38 life cycle costs. 39 (B) The standard state fleet sedan or station wagon must be no 40 larger than a compact model and the special state fleet sedan or 41 station wagon must be no larger than an intermediate model. The 42 director of the Division of Motor Vehicle Management shall 43 determine the types of vehicles which fit into these classes. Only
1 [80] 43 1 these classes of sedans and station wagons may be purchased by 2 the State for nonlaw enforcement use. 3 (C) The State shall purchase police sedans only for the use of 4 law enforcement officers, as defined by the Internal Revenue 5 Code. Purchase of a vehicle under this subsection must be 6 concurred in by the director of the Division of Motor Vehicle 7 Management Department of Administration and must be in 8 accordance with regulations promulgated or procedures adopted 9 under Sections 1-11-220 through 1-11-340 which must take into 10 consideration the agency’s mission, the intended use of the 11 vehicle, and the officer’s duties. Law enforcement agency vehicles 12 used by employees whose job functions do not meet the Internal 13 Revenue Service definition of ‘Law Enforcement Officer’ must be 14 standard or special state fleet sedans. 15 (D)(C) All state motor vehicles must be titled to the State and 16 must be received by and remain in the possession of the Division 17 Section of Motor Vehicle Management pending sale or disposal of 18 the vehicle. 19 (E)(D) Titles to school buses and service vehicles operated by 20 the State Department of Education and vehicles operated by the 21 South Carolina Department of Transportation must be retained by 22 those agencies. 23 (F)(E) Exceptions to requirements in subsections subsection (B) 24 and (C) must be approved by the director of the Division of Motor 25 Vehicle Management department. Requirements in subsection (B) 26 do not apply to the State Development Board. 27 (G)(F) Preference in purchasing state motor vehicles must be 28 given to vehicles assembled in the United States with at least 29 seventy-five percent domestic content as determined by the 30 appropriate federal agency. 31 32 Section 1-11-320. The Board department shall ensure that all 33 state-owned motor vehicles are identified as such through the use 34 of permanent state-government state government license plates and 35 either state or agency seal decals. No vehicles shall be exempt 36 from the requirements for identification except those exempted by 37 the Board department. 38 This section shall not apply to vehicles supplied to law 39 enforcement officers when, in the opinion of the Board department 40 after consulting with the Chief of the State Law Enforcement 41 Division, those officers are actually involved in undercover law 42 enforcement work to the extent that the actual investigation of 43 criminal cases or the investigators’ physical well-being would be
1 [80] 44 1 jeopardized if they were identified. The Board department is 2 authorized to exempt vehicles carrying human service agency 3 clients in those instances in which the privacy of the client would 4 clearly and necessarily be impaired. 5 6 Section 1-11-335. The respective divisions of the Budget and 7 Control Board and the South Carolina Department of 8 Administration are authorized to provide to and receive from other 9 governmental entities, including other divisions and state and local 10 agencies and departments, goods and services, as will in its 11 opinion promote efficient and economical operations. The 12 divisions may charge and pay the entities for the goods and 13 services, the revenue from which shall be deposited in the state 14 treasury in a special account and expended only for the costs of 15 providing the goods and services, and such funds may be retained 16 and expended for the same purposes. 17 18 Section 1-11-340. The Board department shall develop and 19 implement a statewide Fleet Safety Program for operators of 20 state-owned vehicles which shall serve to minimize the amount 21 paid for rising insurance premiums and reduce the number of 22 accidents involving state-owned vehicles. The Board department 23 shall promulgate rules and regulations requiring the establishment 24 of an accident review board by each agency and mandatory driver 25 training in those instances where remedial training for employees 26 would serve the best interest of the State.” 27 28 SECTION 13. Section 1-11-710 of the 1976 Code is amended to 29 read: 30 31 “Section 1-11-710. (A) The Subject to the approval of the State 32 Budget and Control Board, the Department of Administration 33 shall: 34 (1) make available to active and retired employees of this 35 State and its public school districts and their eligible dependents 36 group health, dental, life, accidental death and dismemberment, 37 and disability insurance plans and benefits in an equitable manner 38 and of maximum benefit to those covered within the available 39 resources. 40 (2) approve by August fifteenth of each year a plan of 41 benefits, eligibility, and employer, employee, retiree, and 42 dependent contributions for the next calendar year. The board 43 shall devise a plan for the method and schedule of payment for the
1 [80] 45 1 employer and employee share of contributions. Provided that 2 However, the Department of Administration, subject to the 3 approval of the Budget and Control Board, by July 1 of the current 4 fiscal year, shall develop and implement a plan increasing the 5 employer contribution rates of the State Retirement System to a 6 level adequate to cover the employer’s share for the current fiscal 7 year’s cost of providing health and dental insurance to retired state 8 and school district employees. The plan must include a method for 9 the distribution of the funds appropriated as provided by law which 10 are designated for retiree insurance and also must include a method 11 for allocating to school districts, excluding EIA funding, sufficient 12 general fund monies to offset the additional cost incurred by these 13 entities in their federal and other fund activities as a result of this 14 employer contribution charge. 15 The amounts appropriated in this section shall constitute the 16 State’s pro rata contributions to these programs except the State 17 shall pay its pro rata share of health and dental insurance 18 premiums for retired state and public school employees for the 19 current fiscal year. 20 (3) adjust the plan, benefits, or contributions, at any time to 21 insure ensure the fiscal stability of the system. 22 (4) set aside in separate continuing accounts in the State 23 Treasury, appropriately identified, all funds, state-appropriated and 24 other, received for actual health and dental insurance premiums 25 due. Funds credited to these accounts may be used to pay the costs 26 of administering the health and dental insurance programs and may 27 shall not be used for purposes of other than providing insurance 28 benefits for employees and retirees. A reserve equal to not less 29 than an average of one and one-half months’ claims must be 30 maintained in the accounts and all funds in excess of the reserve 31 must be used to reduce premium rates or improve or expand 32 benefits as funding permits. 33 (B) The board Budget and Control Board may authorize the 34 Insurance Reserve Fund Department of Administration to provide 35 reinsurance, in an approved format with actuarially developed 36 rates, for the operation of the group health insurance or cafeteria 37 plan program, as authorized by Section 9-1-60, for active and 38 retired employees of the State, and its public school districts and 39 their eligible dependents. Premiums for reinsurance provided 40 pursuant to this subsection must be paid out of state appropriated 41 and other funds received for actual health insurance or cafeteria 42 plan premiums due.
1 [80] 46 1 (C) Notwithstanding Sections 1-23-310 and 1-23-320 or any 2 other provision of law, claims for benefits under any self-insured 3 plan of insurance offered by the State to state and public school 4 district employees and other eligible individuals must be resolved 5 by procedures established by the board, which shall constitute the 6 exclusive remedy for these claims, subject only to appellate 7 judicial review consistent with the standards provided in Section 8 1-23-380.” 9 10 SECTION 14. Chapter 11, Title 1 of the 1976 Code is amended 11 by adding: 12 13 “Article 9 14 15 Coordinating Council for 16 Cultural and Information Services 17 18 Section 1-11-1310. (A) Effective July 1, 2006, without 19 affecting the agencies’ existing governing bodies, there is created 20 the Coordinating Council for Cultural and Information Services as 21 an organizational entity in the Budget and Control Board. The 22 membership of the coordinating council consists of the: 23 (1) Executive Director of the South Carolina Arts 24 Commission; 25 (2) Director of the South Carolina Department of Archives 26 and History; 27 (3) Director of the Confederate Relic Room and Museum; 28 (4) President of South Carolina Educational Television; 29 (5) Director of the South Carolina State Library; 30 (6) Director of the South Carolina State Museum; and 31 (7) Chairman of the Old Exchange Commission. 32 (B) The chairman of the coordinating council must be elected 33 annually by majority vote of the members. A member is not 34 eligible to serve as chairman until he has served in his agency 35 position for more than one year. The chairmanship of the council 36 must rotate among the members, and a member elected as 37 chairman must not serve successive annual terms. 38 (C) Staffing for the coordinating council must be provided by 39 the participating agencies. 40 41 Section 1-11-1320. (A) No later than August 1, 2006, the 42 coordinating council must meet to organize.
1 [80] 47 1 (B) The coordinating council must meet at the call of the chair 2 and at least quarterly, beginning in October of 2006, to discuss 3 ways to enhance the growth and development of the cultural and 4 information services in the State and develop a strategic plan for 5 coordinating activities among the member agencies and 6 consolidating certain services in an effort to avoid duplication and 7 increase efficiency and effectiveness. Following each meeting, the 8 chairman of the coordinating council must make a report to the 9 Executive Director of the Budget and Control Board concerning 10 the plans for coordinated and consolidated activities that the 11 coordinating council is proposing and has implemented. 12 (C) The coordinating council may request assistance from the 13 Executive Director and staff of the Budget and Control Board and 14 other state cultural resources in order to achieve its objectives. 15 16 Section 1-11-1330. The coordinating council must make a 17 consolidated report to the Budget and Control Board concerning 18 plans for coordinating services among the agencies of the 19 coordinating council and at such other times as the Board may 20 require. A copy of any consolidated report must also be submitted 21 to the Chairmen of the Senate Judiciary Committees and the House 22 of Representatives Judiciary Committee. 23 24 Section 1-11-1340. (A) The coordinating council shall make 25 recommendations to the General Assembly as to the policies and 26 programs involved in the State’s cultural and information services. 27 (B) This section does not limit an agency’s direct access to the 28 General Assembly, and each agency shall offer information as a 29 separate and distinct entity as it relates to the budget process. 30 31 Section 1-11-1350. Neither the provisions of Sections 1-11-1310 32 through 1-11-1350 nor the coordinating council shall infringe upon 33 nor diminish the duties and responsibilities of the governing bodies 34 of the agencies involved.” 35 36 SECTION 15. Section 2-47-30 of the 1976 Code is amended to 37 read: 38 39 “Section 2-47-30. The committee is specifically charged with, 40 but not limited to, the following responsibilities: 41 (1) To review, prior to approval by the Budget and Control 42 Board, Budget and Analyses Division, the establishment of any 43 permanent improvement project and the source of funds for any
1 [80] 48 1 such project not previously authorized specifically by the General 2 Assembly. 3 (2) To study the amount and nature of existing general 4 obligation and institutional bond obligations and the capability of 5 the State to fulfill such obligations based on current and projected 6 revenues. 7 (3) To recommend priorities of future bond issuance based on 8 the social and economic needs of the State. 9 (4) To recommend prudent limitations of bond obligations 10 related to present and future revenue estimates. 11 (5) To consult with independent bond counsel and other 12 nonlegislative authorities on such matters and with fiscal officials 13 of other states to gain in-depth knowledge of capital management 14 and assist in the formulation of short and long-term 15 recommendations for the General Assembly. 16 (6) To carry out all of the above assigned responsibilities in 17 consultation and cooperation with the executive branch of 18 government and the Budget and Control Board. 19 (7) To report its findings and recommendations to the General 20 Assembly annually or more frequently if deemed advisable by the 21 committee.” 22 23 SECTION 16. Section 2-47-56 of the 1976 Code is amended to 24 read: 25 26 “Section 2-47-56. Each state agency and institution may accept 27 gifts-in-kind for architectural and engineering services and 28 construction of a value less than two hundred fifty thousand dollars 29 with the approval of the Commission of Higher Education or its 30 designated staff, the Director of the Division of General Services 31 Budget and Control Board, Procurement Services Division, and the 32 Joint Bond Review Committee or its designated staff. No other 33 approvals or procedural requirements, including the provisions of 34 Section 11-35-10, may be imposed on the acceptance of such 35 gifts.” 36 37 SECTION 17. Chapter 9, Title 3 of the 1976 Code is amended to 38 read: 39 40 “CHAPTER 9 41 42 Acquisition and Distribution of Federal Surplus Property 43
1 [80] 49 1 Section 3-9-10. (a) The Upon review and approval by the 2 Budget and Control Board, the Division of General Services of the 3 State Budget and Control Board South Carolina Department of 4 Administration is authorized to: 5 (1) To acquire from the United States of America under and 6 in conformance with the provisions of Section 203(j) of the 7 Federal Property and Administrative Services Act of 1949, as 8 amended, hereafter referred to as the ‘act,’ such property, 9 including equipment, materials, books, or other supplies under the 10 control of any department or agency of the United States of 11 America as may be usable and necessary for purposes of 12 education, public health or civil defense, including research for 13 any such purpose, and for such other purposes as may now or 14 hereafter be authorized by Federal law; 15 (2) To warehouse such property; and 16 (3) To distribute such property within the State to 17 tax-supported medical institutions, hospitals, clinics, health 18 centers, school systems, schools, colleges and universities within 19 the State, to other nonprofit medical institutions, hospitals, clinics, 20 health centers, schools, colleges and universities which are exempt 21 from taxation under Section 501(c)(3) of the United States Internal 22 Revenue Code of 1954, to civil defense organizations of the State, 23 or political subdivisions and instrumentalities thereof, which are 24 established pursuant to State law, and to such other types of 25 institutions or activities as may now be or hereafter become 26 eligible under Federal law to acquire such property. 27 (b) The Division of General Services of the Department of 28 Administration is authorized to receive applications from eligible 29 health and educational institutions for the acquisition of Federal 30 surplus real property, investigate the applications, obtain 31 expression of views respecting the applications from the 32 appropriate health or educational authorities of the State, make 33 recommendations regarding the need of such applicant for the 34 property, the merits of its proposed program of utilization, the 35 suitability of the property for the purposes, and otherwise assist in 36 the processing of the applications for acquisition of real and related 37 personal property of the United States under Section 203(k) of the 38 act. 39 (c) For the purpose of executing its authority under this 40 chapter, the Division of General Services is authorized to adopt, 41 amend or rescind rules and regulations and prescribe such 42 requirements as may be deemed necessary; and take such other 43 action as is deemed necessary and suitable, in the administration of
1 [80] 50 1 this chapter, to assure maximum utilization by and benefit to 2 health, educational and civil defense institutions and organizations 3 within the State from property distributed under this chapter. 4 (d) The Budget and Control Board is authorized to appoint 5 advisory boards or committees, and to employ such personnel and 6 prescribe their duties as are deemed considered necessary and 7 suitable for the administration of this chapter. 8 (e) The Director of the Division of General Services of the 9 Department of Administration is authorized to make such 10 certifications, take such action and enter into such contracts, 11 agreements and undertakings for and in the name of the State 12 (including cooperative agreements with any Federal agencies 13 providing for utilization of property and facilities by and exchange 14 between them of personnel and services without reimbursement), 15 require such reports and make such investigations as may be 16 required by law or regulation of the United States of America in 17 connection with the receipt, warehousing and distribution of 18 personal property received by him from the United States of 19 America. 20 (f) The Division of General Services is authorized to act as 21 clearinghouse of information for the public and private nonprofit 22 institutions, organizations and agencies referred to in subparagraph 23 (a) of this section and other institutions eligible to acquire federal 24 surplus personal property, to locate both real and personal property 25 available for acquisition from the United States of America, to 26 ascertain the terms and conditions under which such property may 27 be obtained, to receive requests from the above-mentioned 28 institutions, organizations and agencies and to transmit to them all 29 available information in reference to such property, and to aid and 30 assist such institutions, organizations and agencies in every way 31 possible in the consummation of acquisitions or transactions 32 hereunder. 33 (g) The Division of General Services, in the administration of 34 this chapter, shall cooperate to the fullest extent consistent with the 35 provisions of the act, and with the departments or agencies of the 36 United States of America, and shall file a State plan of operation, 37 and operate in accordance therewith, and take such action as may 38 be necessary to meet the minimum standards prescribed in 39 accordance with the act, and make such reports in such form and 40 containing such information as the United States of America or 41 any of its departments or agencies may from time to time require, 42 and it shall comply with the laws of the United States of America 43 and the rules and regulations of any of the departments or agencies
1 [80] 51 1 of the United States of America governing the allocation, transfer, 2 use or accounting for, property donable or donated to the State. 3 4 Section 3-9-20. The Director of the Division of General 5 Services may delegate such power and authority as he deems 6 reasonable and proper for the effective administration of this 7 chapter. The State Budget and Control Board South Carolina 8 Department of Administration may require bond of any person in 9 the employ of the Division of General Services receiving or 10 distributing property from the United States under authority of this 11 chapter. 12 13 Section 3-9-30. Any charges made or fees assessed by the 14 Division of General Services for the acquisition, warehousing, 15 distribution or transfer of any property of the United States of 16 America for educational, public health or civil defense purposes, 17 including research for any such purpose, or for any purpose which 18 may now be or hereafter become eligible under the act, shall be 19 limited to those reasonably related to the costs of care and 20 handling in respect to its acquisition, receipt, warehousing, 21 distribution or transfer. 22 23 Section 3-9-40. The provisions of this chapter shall not apply to 24 the acquisition of property acquired by agencies of the State under 25 the priorities established by Section 308 (b), Title 23, United States 26 Code, Annotated.” 27 28 SECTION 18. Section 10-1-30 of the 1976 Code is amended to 29 read: 30 31 “Section 10-1-30. The Director of the Division of General 32 Services of the State Budget and Control Board may authorize the 33 use of the State House lobbies, the State House steps and grounds, 34 and other public buildings and grounds in accordance with 35 regulations promulgated by the board. The director shall obtain 36 the approval of the Clerk of the Senate before authorizing any use 37 of the Gressette Building and shall obtain the approval of the Clerk 38 of the House of Representatives before authorizing any use of the 39 Blatt Building. The regulations must contain provisions to insure 40 ensure that the public health, safety, and welfare will be are 41 protected in the use of the areas including reasonable time, place, 42 and manner restrictions and application periods before use. If 43 sufficient measures cannot be taken to protect the public health,
1 [80] 52 1 safety, and welfare, the director shall deny the requested use. 2 Other restrictions may be imposed on the use of the areas as are 3 necessary for the conduct of business in those areas and the 4 maintenance of the dignity, decorum, and aesthetics of the areas.” 5 6 SECTION 19. Section 10-1-130 of the 1976 Code is amended to 7 read: 8 9 “Section 10-1-130. The trustees or governing bodies of State 10 institutions and agencies may grant easements and rights of way 11 over any property under their control, upon the recommendation of 12 the Department of Administration and the concurrence and 13 acquiescence of the State Budget and Control Board, whenever it 14 appears that such easements will not materially impair the utility of 15 the property or damage it and, when a consideration is paid 16 therefor, any such amounts shall be placed in the State Treasury to 17 the credit of the institution or agency having control of the 18 property involved.” 19 20 SECTION 20. Sections 10-1-180 and 10-1-190 of the 1976 21 Code, both as added by Act 145 of 1995, are amended to read: 22 23 “Section 10-1-180. The expenditure of funds by any state 24 agency, except the Department of Transportation for permanent 25 improvements as defined in the state budget, is subject to the 26 review and recommendation of the Department of Administration 27 and approval and regulation of the State Budget and Control 28 Board, Budget and Analyses Division. The board shall have 29 authority to allot to specific projects from funds made available for 30 such purposes, such amounts as are estimated to cover the 31 respective costs of such projects, to declare the completion of any 32 such projects, and to dispose, according to law, of any unexpended 33 balances of allotments, or appropriations, or funds otherwise 34 provided for such projects, upon the completion thereof. The 35 approval of the Budget and Control Board is not required for 36 minor construction projects, including renovations and alterations, 37 where the cost does not exceed an amount determined by the Joint 38 Bond Review Committee and the Budget and Control Board. 39 All construction, improvement, and renovation of state buildings 40 shall comply with the applicable standards and specifications set 41 forth in each of the following codes: The Standard Building Code, 42 The Standard Existing Building Code, The Standard Gas Code, 43 The Standard Mechanical Code, The Standard Plumbing Code and
1 [80] 53 1 The Standard Fire Prevention Code, all as adopted by the Southern 2 Building Code Congress International, Inc.; and the National 3 Electrical Code NFPA 70, The National Electrical Safety 4 Code-ANSI-C2, The National Fire Protection Association 5 Standard-NFPA 59, all with the code editions, revision years, and 6 deletions as specified in the Manual For Planning and Execution of 7 State Permanent Improvements. The State Engineer shall 8 determine the enforcement and interpretation of the 9 aforementioned codes and referenced standards on state buildings. 10 Any interested local officials shall coordinate their comments 11 related to state buildings through the State Engineer and shall 12 neither delay construction nor delay or deny water, sewer, power, 13 other utilities, or firefighting services. Agencies may appeal to the 14 Director of Office of General Services Budget and Control Board, 15 Procurement Services Division, regarding the application of these 16 codes to state buildings. 17 18 Section 10-1-190. As part of the approval process relating to 19 trades of state property for nonstate property, the Budget and 20 Control Board South Carolina Department of Administration is 21 authorized to approve the application of any net proceeds resulting 22 from such a transaction to the improvement of the property held by 23 the board department, subject to the approval of the Budget and 24 Control Board.” 25 26 SECTION 21. Section 10-7-10 of the 1976 Code, as last 27 amended by Act 181 of 1993, is further amended to read: 28 29 “Section 10-7-10. All insurance on public buildings and on the 30 contents thereof of the State and of all institutions supported in 31 whole or in part by the State shall be carried by the State Budget 32 and Control Board, Insurance and Grants Services Division. Any 33 building or buildings, and the contents thereof, owned by the 34 Department of Transportation may be insured by the State Budget 35 and Control Board, with the consent or approval of such board, or 36 the Department of Transportation shall have the alternative of 37 assuming its own risks.” 38 39 SECTION 22. Section 10-11-50 of the 1976 Code, as last 40 amended by Act 181 of 1993, is further amended to read: 41 42 “Section 10-11-50. (A) It shall be unlawful for anyone to park 43 any vehicle on any of the property described in Section 10-11-40
1 [80] 54 1 and subsection (2) of Section 10-11-80 except in the spaces and 2 manner now marked and designated or that may hereafter be 3 marked and designated by the State Budget and Control Board 4 South Carolina Department of Administration, in cooperation with 5 the Department of Transportation, or to block or impede traffic 6 through the alleys and driveways. 7 (B) The Department of Administration must ensure that 8 parking spaces are available in the garage below the Capitol 9 Complex, in proximity to the buildings utilized by the legislative, 10 judicial, and executive branches, in the locations in use on the 11 effective date of this section, and assigned as follows: 12 (1) two hundred thirty for the House of Representatives; 13 (2) two hundred and twelve for the Senate; 14 (3) twenty - nine for the Judicial Department; and 15 (4) fifty - seven for the Governor’s Office.” 16 17 SECTION 23. Section 10-11-90 of the 1976 Code is amended to 18 read: 19 20 “Section 10-11-90. The watchmen and policemen employed by 21 the Budget and Control Board for the protection of the property 22 described in Sections 10-11-30 and 10-11-40 and subsection (2) of 23 Section 10-11-80 are hereby vested with all of the powers, 24 privileges and immunities of constables while on this area or in 25 fresh pursuit of those violating the law in this area, provided that 26 such watchmen and policemen take and file the oath required of 27 peace officers, execute and file bond in the form required of State 28 constables, in the amount of one thousand dollars, with the Budget 29 and Control Board, and be duly commissioned by the Governor.” 30 31 SECTION 24. Section 10-11-110 of the 1976 Code is amended 32 to read: 33 34 “Section 10-11-110. In connection with traffic and parking 35 violations only, the watchmen and policemen referred to in Section 36 10-11-90, State highway patrolmen and policemen of the city of 37 Columbia shall have the right to issue and use parking tickets of 38 the type used by the city of Columbia, with such changes as are 39 necessitated hereby, to be prepared and furnished by the Budget 40 and Control Board South Carolina Department of Administration, 41 upon the issuance of which the procedures shall be followed as 42 prevail in connection with the use of parking tickets by the city of
1 [80] 55 1 Columbia. Nothing herein shall restrict the application and use of 2 regular arrest warrants.” 3 4 SECTION 25. Sections 11-9-610, 11-9-620, and 11-9-630 of the 5 1976 Code are amended to read: 6 7 “Section 11-9-610. The State Budget and Control Board South 8 Carolina Department of Administration shall receive and manage 9 the incomes and revenues set apart and applied to the Sinking 10 Fund of the State. The department must report annually on the 11 financial status of the Sinking Fund to the Budget and Control 12 Board. 13 14 Section 11-9-620. All moneys arising from the redemption of 15 lands, leases and sales of property or otherwise coming to the State 16 Budget and Control Board South Carolina Department of 17 Administration for the Sinking Fund, shall be paid into the State 18 Treasury and shall be kept on a separate account by the Treasurer 19 as a fund to be drawn upon the warrants of the Board department 20 for the exclusive uses and purposes which have been or shall be 21 declared in relation to the Sinking Fund. 22 23 Section 11-9-630. The Subject to the approval of the State 24 Budget and Control Board, the South Carolina Department of 25 Administration shall sell and convey, for and on behalf of the 26 State, all such real property, assets and effects belonging to the 27 State as are not in actual public use, such sales to be made from 28 time to time in such manner and upon such terms as it may deem 29 consider most advantageous to the State. This shall not be 30 construed to authorize the sale by the Board of any property held 31 in trust for a specific purpose by the State or the property of the 32 State in the phosphate rocks or phosphatic deposits in the beds of 33 the navigable streams and waters and marshes of the State.” 34 35 SECTION 26. Sections 11-35-3810, 11-35-3820, 11-35-3830, 36 and 11-35-3840, all as amended by Act 153 of 1997, are further 37 amended to read: 38 39 “Section 11-35-3810. Subject to existing provisions of law, the 40 board South Carolina Department of Administration shall 41 promulgate regulations governing:
1 [80] 56 1 (1) the sale, lease, or disposal of surplus supplies by public 2 auction, competitive sealed bidding, or other appropriate methods 3 designated by such regulations; and 4 (2) the transfer of excess supplies between agencies and 5 departments. 6 7 Section 11-35-3820. Except as provided in Section 11-35-1580 8 and Section 11-35-3830 and the regulations pursuant thereto, the 9 sale of all state-owned supplies, property, or personal property not 10 in actual public use shall be conducted and directed by the Office 11 division of General Services. Such sales shall be held at such 12 places and in such manner as in the judgment of the Office 13 division shall be most advantageous to the State. Unless otherwise 14 determined, sales shall be by either public auction or competitive 15 sealed bid to the highest bidder. Each governmental body shall 16 inventory and report to the Office of General Services division all 17 surplus personal property not in actual public use held by that 18 agency for sale. The Office of General Services division shall 19 deposit the proceeds from such sales, less expense of the sales, in 20 the state general fund or as otherwise directed by regulation. This 21 policy and procedure shall apply to all governmental bodies unless 22 exempt by law. 23 24 Section 11-35-3830 (1) Trade-in Value. Unless otherwise 25 provided by law, governmental bodies may trade-in personal 26 property, the trade-in value of which may be applied to the 27 procurement or lease of like items. The trade-in trade in value of 28 such personal property shall not exceed an amount as specified in 29 regulations promulgated by the board Department of 30 Administration. 31 (2) Approval of Trade-in Sales. When the trade-in value of 32 personal property of a governmental body exceeds the specified 33 amount, the board Department of Administration shall have the 34 authority to determine whether: 35 (a) the subject personal property shall be traded in and the 36 value applied to the purchase of new like items; or 37 (b) the property shall be classified as surplus and sold in 38 accordance with the provisions of Section 11-35-3820. The board 39 departmental determination shall be in writing and be subject to 40 the provisions of this chapter. 41 (3) Record of Trade-in Sales. Governmental bodies shall 42 submit quarterly to the materials management officer department a
1 [80] 57 1 record listing all trade-in sales made under subsections (1) and (2) 2 of this section. 3 4 Section 11-35-3840. The Office of General Services of the 5 State Budget and Control Board, Procurement Services Division, 6 may license for public sale publications and materials pertaining to 7 training programs and information technology products which are 8 developed during the normal course of the Office’s division’s 9 activities. Such items shall be licensed at such reasonable costs as 10 are established in accordance with the cost of the items. All 11 proceeds from the sale of the publications and materials shall be 12 placed in a revenue account and expended for the cost of providing 13 such services.” 14 15 SECTION 27. Section 11-35-4020 of the 1976 Code, as last 16 amended by Act 153 of 1997, is further amended to read: 17 18 “Section 11-35-4020. Governmental bodies approved by the 19 board South Carolina Department of Administration may sell any 20 supplies owned by it after such supplies have become entirely 21 unserviceable and can properly be classified as ‘junk’, in 22 accordance with procedures established by the Office division of 23 General Services. All sales of unserviceable supplies by the 24 governmental body shall be made in public to the highest bidder, 25 after advertising for fifteen days, and the funds from such sales 26 shall be credited to the account of the governmental body owning 27 and disposing of such unserviceable supplies.” 28 29 SECTION 28. Section 44-53-530(a) and (b) is amended to read: 30 31 “(a) Forfeiture of property defined in Section 44-53-520 must 32 be accomplished by petition of the Attorney General or his 33 designee or the circuit solicitor or his designee to the court of 34 common pleas for the jurisdiction where the items were seized. 35 The petition must be submitted to the court within a reasonable 36 time period following seizure and shall set forth the facts upon 37 which the seizure was made. The petition shall describe the 38 property and include the names of all owners of record and 39 lienholders of record. The petition shall identify any other persons 40 known to the petitioner to have interests in the property. Petitions 41 for the forfeiture of conveyances shall also include: the make, 42 model, and year of the conveyance, the person in whose name the 43 conveyance is registered, and the person who holds the title to the
1 [80] 58 1 conveyance. The petition shall set forth the type and quantity of 2 the controlled substance involved. A copy of the petition must be 3 sent to each law enforcement agency which has notified the 4 petitioner of its involvement in effecting the seizure. Notice of 5 hearing or rule to show cause must be directed to all persons with 6 interests in the property listed in the petition, including law 7 enforcement agencies which have notified the petitioner of their 8 involvement in effecting the seizure. Owners of record and 9 lienholders of record may be served by certified mail, to the last 10 known address as appears in the records of the governmental 11 agency which records the title or lien. 12 The judge shall determine whether the property is subject to 13 forfeiture and order the forfeiture confirmed. If the judge finds a 14 forfeiture, he shall then determine the lienholder’s interest as 15 provided in this article. The judge shall determine whether any 16 property must be returned to a law enforcement agency pursuant to 17 Section 44-53-582. 18 If there is a dispute as to the division allocation of the proceeds 19 of forfeited property among participating law enforcement 20 agencies, this issue must be determined by the judge. The 21 proceeds from a sale of property, conveyances, and equipment 22 must be disposed of pursuant to subsection (e) of this section. 23 All property, conveyances, and equipment which will not be 24 reduced to proceeds may be transferred to the law enforcement 25 agency or agencies or to the prosecution agency. Upon agreement 26 of the law enforcement agency or agencies and the prosecution 27 agency, conveyances and equipment may be transferred to any 28 other appropriate agency. Property transferred must not be used to 29 supplant operating funds within the current or future budgets. If 30 the property seized and forfeited is an aircraft or watercraft and is 31 transferred to a state law enforcement agency or other state agency 32 pursuant to the provisions of this subsection, its use and retainage 33 by that agency shall be at the discretion and approval of the Budget 34 and Control Board South Carolina Department of Administration. 35 (b) If the property is seized by a state law enforcement agency 36 and is not transferred by the court to the seizing agency, the judge 37 shall order it transferred to the Division of General Services of the 38 Department of Administration for sale. Proceeds may be used by 39 the division for payment of all proper expenses of the proceedings 40 for the forfeiture and sale of the property, including the expenses 41 of seizure, maintenance, and custody, and other costs incurred by 42 the implementation of this section. The net proceeds from any sale 43 must be remitted to the State Treasurer as provided in subsection
1 [80] 59 1 (g) of this section. The Division of General Services of the South 2 Carolina Department of Administration may authorize payment of 3 like expenses in cases where monies, negotiable instruments, or 4 securities are seized and forfeited.” 5 6 SECTION 29. Section 44-96-140 of the 1976 Code is amended 7 to read: 8 9 “Section 44-96-140. (A) Not later than twelve months after the 10 date on which the department submits the state solid waste 11 management plan to the Governor and to the General Assembly, 12 the General Assembly, the Governor’s Office, the Judiciary, each 13 state agency, and each state-supported institution of higher 14 education shall: 15 (1) establish a source separation and recycling program in 16 cooperation with the department and the Division of General 17 Services of the State Budget and Control Board South Carolina 18 Department of Administration for the collection of selected 19 recyclable materials generated in state offices throughout the State 20 including, but not limited to, high-grade office paper, corrugated 21 paper, aluminum, glass, tires, composting materials, plastics, 22 batteries, and used oil; 23 (2) provide procedures for collecting and storing recyclable 24 materials, containers for storing materials, and contractual or other 25 arrangements with collectors or buyers of the recyclable materials, 26 or both; 27 (3) evaluate the amount of waste paper material recycled and 28 make all necessary modifications to the recycling program to 29 ensure that all waste paper materials are recycled to the maximum 30 extent feasible; and 31 (4) establish and implement, in cooperation with the 32 department and the Division of General Services of the 33 Department of Administration, a solid waste reduction program for 34 materials used in the course of agency operations. The program 35 shall be designed and implemented to achieve the maximum 36 feasible reduction of solid waste generated as a result of agency 37 operations. 38 (B) Not later than September fifteen of each year, each state 39 agency and each state-supported institution of higher learning shall 40 submit to the department a report detailing its source separation 41 and recycling program and a review of all goods and products 42 purchased during the previous fiscal year by those agencies and 43 institutions containing recycled materials using the content
1 [80] 60 1 specifications established by the Office of Materials Management 2 Division of General Services, Department of Administration. 3 (C) By November first of each year the department shall submit 4 a report to the Governor and to the General Assembly reviewing 5 all goods and products purchased by the State and determining 6 what percentage of state purchases contain recycled materials 7 using content specifications established by the Office of Materials 8 Management, Division of General Services, Department of 9 Administration. The report also must review existing procurement 10 regulations for the purchase of products and materials and must 11 identify any portions of such regulations that discriminate against 12 products and materials with recycled content and products and 13 materials which are recyclable. 14 (D) Not later than one year after this chapter is effective, the 15 Division of General Services shall amend the procurement 16 regulations to eliminate the portions of the regulations identified in 17 its report as discriminating against products and materials with 18 recycled content and products and materials which are recyclable. 19 (E) Not later than one year after the effective date of the 20 amendments to the procurement regulations, the General 21 Assembly, the Governor’s Office, the Judiciary, all state agencies, 22 all political subdivisions using state funds to procure items, and all 23 persons contracting with such agency or political subdivision 24 where such persons procure items with state funds shall procure 25 products and materials with recycled content and products and 26 materials which are recyclable where practicable, as determined by 27 the Office of Materials Management, Division of General Services, 28 Department of Administration. The list of recycled content 29 specifications must be updated annually. It is the goal of the 30 General Assembly for state and local governmental agencies to 31 reflect a twenty-five percent goal in their procurement policies. 32 The decision not to procure such items shall be based on a 33 determination that such procurement items: 34 (1) are not available within a reasonable period of time; 35 (2) fail to meet the performance standards set forth in the 36 applicable specifications; or 37 (3) are only available at a price that exceeds by more than 38 seven and one- half percent the price of alternative items. 39 (F) Not later than six months after this chapter is effective, and 40 annually thereafter, the Department of Transportation shall submit 41 a report to the Governor and to the General Assembly on the use 42 of:
1 [80] 61 1 (1) compost as a substitute for regular soil amendment 2 products in all highway projects; 3 (2) solid waste including, but not limited to, ground rubber 4 from tires and fly ash or mixtures of them from coal-fired 5 electrical facilities in road surfacing of subbase materials; 6 (3) solid waste including, but not limited to, glass aggregate, 7 plastic, and fly ash in asphalt or concrete; and 8 (4) recycled mixed-plastic materials for guardrail posts, 9 right-of-way fence posts, and sign supports.” 10 11 SECTION 30. Section 10-5-230 of the 1976 Code, as last 12 amended by Act 303 of 2000, is further amended to read: 13 14 “Section 10-5-230. (A) There is created the South Carolina 15 Board for Barrier-Free Design, composed of nine members, six to 16 be appointed by the Governor for terms of four years and until 17 their successors are appointed and qualify. No fewer than two 18 appointed members of the board must have mobility impairments, 19 one appointed member must be a building official, and one 20 appointed member must be a licensed architect. Vacancies on the 21 board must be filled in the same manner as the original 22 appointment for the remainder of the unexpired term. In addition 23 to the appointed members, the following three ex officio members 24 shall serve on the board: 25 (1) the Director of the Department of Labor, Licensing and 26 Regulation; 27 (2) the Director of the State Department of Vocational 28 Rehabilitation; and 29 (3) the State Engineer employed by the Budget and Control 30 Board South Carolina Department of Administration. 31 The ex officio members may appoint proxies for their respective 32 offices. 33 (B) The ex officio members and their proxies have all the 34 powers, privileges, and duties of the appointed members.” 35 36 SECTION 31. Section 10-5-270(A)(1) of the 1976 Code, as last 37 amended by Act 303 of 2000 is further amended to read: 38 39 “(1) for state owned or leased facilities, to the State Engineer, 40 Office of General Services, State Budget and Control Board, 41 Procurement Services Division;” 42
1 [80] 62 1 SECTION 32. Chapter 9 of Title 10 of the 1976 Code is 2 amended to read: 3 4 “CHAPTER 9 5 6 Minerals and Mineral Interests in Public Lands 7 8 Article 1 9 10 General Provisions 11 12 Section 10-9-10. The Public Service Authority may, through its 13 board of directors, make and execute leases of gas, oil and other 14 minerals and mineral rights, excluding phosphate and lime and 15 phosphatic deposits, over and upon the lands and properties owned 16 by said Authority; and the State Budget and Control Board South 17 Carolina Department of Administration and the forfeited land 18 commissions of the several counties of this State may, with the 19 approval of the Attorney General, make and execute such leases 20 over and upon the lands and waters of the State and of the several 21 counties under the ownership, management, or control of such 22 Board the department and commissions respectively. 23 24 Section 10-9-20. No such lease shall provide for a royalty of less 25 than twelve and one-half per cent of production of oil and gas from 26 the lease. 27 28 Section 10-9-30. Nothing contained in this article shall estop the 29 State from enacting proper laws for the conservation of the oil, gas 30 and other mineral resources of the State and all leases and 31 contracts made under authority of this article shall be subject to 32 such laws; provided, that the State Budget and Control Board 33 South Carolina Department of Administration may negotiate for 34 leases of oil, gas and other mineral rights upon all of the lands and 35 waters of the State, including offshore marginal and submerged 36 lands. 37 38 Section 10-9-35. In the event that the State of South Carolina is 39 the recipient of revenues derived from offshore oil leases within 40 the jurisdictional limits of the State such revenues shall be 41 deposited with the State Treasurer in a special fund and shall be 42 expended only by authorization of the General Assembly.
1 [80] 63 1 Funds so accumulated shall be expended only for the following 2 purposes: 3 (1) to retire the bonded indebtedness incurred by South 4 Carolina; 5 (2) for capital improvement expenditures. 6 7 Section 10-9-40. The authority conferred upon the Public 8 Service Authority, the State Budget and Control Board South 9 Carolina Department of Administration, and the forfeited land 10 commissions by this article shall be cumulative and in addition to 11 the rights and powers heretofore vested by law in such Authority, 12 such State Budget and Control Board the South Carolina 13 Department of Administration, and such commissions, 14 respectively. 15 16 Article 3 17 18 Phosphate 19 20 Section 10-9-110. The State Budget and Control Board South 21 Carolina Department of Administration shall be charged with the 22 exclusive control and protection of the rights and interest of the 23 State in the phosphate rocks and phosphatic deposits in the 24 navigable streams and in the marshes thereof. 25 26 Section 10-9-120. The Board department may inquire into and 27 protect the interests of the State in and to any phosphatic deposits 28 or mines, whether in the navigable waters of the State or in land 29 marshes or other territory owned or claimed by other parties, and 30 in the proceeds of any such mines and may take such action for, or 31 in behalf of, the State in regard thereto as it may find necessary or 32 deem proper. 33 34 Section 10-9-130. The Board department may issue to any 35 person who applies for a lease or license granting a general right to 36 dig, mine and remove phosphate rock and phosphatic deposits 37 from all the navigable streams, waters and marshes belonging to 38 the State and also from such of the creeks, not navigable, lying 39 therein as may contain phosphate rock and deposits belonging to 40 the State and not previously granted. Such leases or licenses may 41 be for such terms as may be determined by the Board department. 42 The annual report of the Board department to the General 43 Assembly shall include a list of all effective leases and licenses.
1 [80] 64 1 The Board department may make a firm contract for the royalty to 2 be paid the State which shall not be increased during the life of the 3 license. Provided, that prior to the grant or issuance of any lease 4 or license, the Board department shall cause to be published a 5 notice of such application in a newspaper having general 6 circulation in the county once a week for three successive weeks 7 prior to the grant or issuance. Provided, further However, the 8 lessee or licensee may shall not take possession if there be is an 9 adverse claim and the burden of proving ownership in the State 10 shall be placed upon the lessee or licensee. 11 12 Section 10-9-140. In every case in which such application shall 13 be made to the Board department for a license, the Board 14 department may grant or refuse the license as it may deem best for 15 the interest of the State and the proper management of the interests 16 of the State in such deposits. 17 18 Section 10-9-150. As a condition precedent to the right to dig, 19 mine and remove the rocks and deposits granted by any such 20 license, each licensee shall enter into bond, with security, in the 21 penal sum of five thousand dollars, conditioned for the making at 22 the end of every month of true and faithful returns to the 23 Comptroller General of the number of tons of phosphate rock and 24 phosphatic deposits so dug or mined and the punctual payment to 25 the State Treasurer of the royalty provided at the end of every 26 quarter or three months. Such bond and sureties thereon shall be 27 subject to the approval required by law for the bonds of State 28 officers. 29 30 Section 10-9-160. Whenever the Board department shall have 31 reason to doubt the solvency of any surety whose name appears 32 upon any bond executed for the purpose of securing the payment 33 of the phosphate royalty by any person digging, mining and 34 removing phosphate rock or phosphatic deposits in any of the 35 territory, the property of the State, under any grant or license, the 36 Board department shall forthwith notify the person giving such 37 bond and the sureties thereon and require that one or more sureties, 38 as the case may be, shall be added to the bond, such surety or 39 sureties to be approved by the Board department. 40 41 Section 10-9-170. The Board department, upon petition filed 42 by any person who is surety on any such bond as aforesaid and 43 who considers himself in danger of being injured by such
1 [80] 65 1 suretyship, shall notify the person giving such bond to give a new 2 bond with other sureties and upon failure of such person to do so 3 within thirty days shall cause such person to suspend further 4 operations until a new bond be given. But in In no case shall the 5 sureties on the old bond be discharged from liability thereon until 6 the new bond has been executed and approved, and such sureties 7 shall not be discharged from any antecedent liability by reason of 8 such suretyship. 9 10 Section 10-9-180. The Board department is hereby vested with 11 full and complete power and control over all mining in the 12 phosphate territory belonging to this State and over all persons 13 digging or mining phosphate rock or phosphatic deposit in the 14 navigable streams and waters or in the marshes thereof, with full 15 power and authority, subject to the provisions of Sections 10-9-130 16 and 10-9-190 to fix, regulate, raise or reduce such royalty per ton 17 as shall from time to time be paid to the State by such persons for 18 all or any such phosphate rock dug, mined, removed and shipped 19 or otherwise sent to the market therefrom. But six Six months’ 20 notice shall be given all persons at such time digging or mining 21 phosphate rock in such navigable streams, waters or marshes 22 before any increase shall be made in the rate of royalty theretofore 23 existing. 24 25 Section 10-9-190. Each person to whom a license shall be 26 issued must, at the end of every month, make to the Comptroller 27 General a true and lawful return of the phosphate rock and 28 phosphatic deposits he may have dug or mined during such month 29 and shall punctually pay to the State Treasurer, at the end of every 30 quarter or three months, a royalty of five cents per ton upon each 31 and every ton of the crude rock (not of the rock after it has been 32 steamed or dried), the first quarter to commence to run on the first 33 day of January in each year. 34 35 Section 10-9-200. The State Budget and Control Board South 36 Carolina Department of Administration shall, within twenty days 37 after the grant of any license as aforesaid, notify the Comptroller 38 General of the issuing of such license, with the name of the person 39 to whom issued, the time of the license and the location for which 40 it was issued. 41 42 Section 10-9-210. Every person who shall dig, mine or remove 43 any phosphate rock or phosphatic deposit from the beds of the
1 [80] 66 1 navigable streams, waters and marshes of the State without license 2 therefor previously granted by the State to such person shall be 3 liable to a penalty of ten dollars for each and every ton of 4 phosphate rock or phosphatic deposits so dug, mined or removed, 5 to be recovered by action at the suit of the State in any court of 6 competent jurisdiction. One half of such penalty shall be for the 7 use of the State and the other half for the use of the informer. 8 9 Section 10-9-220. It shall be unlawful for any person to 10 purchase or receive any phosphate rock or phosphatic deposit dug, 11 mined or removed from the navigable streams, waters or marshes 12 of the State from any person not duly authorized by act of the 13 General Assembly of this State or license of the Board department 14 to dig, mine or remove such phosphate rock or phosphatic deposit. 15 16 Section 10-9-230. Any person violating Section 10-9-220 shall 17 forfeit to the State the sum of ten dollars for each and every ton of 18 phosphate rock or phosphatic deposit so purchased or received, to 19 be recovered by action in any court of competent jurisdiction. One 20 half of such forfeiture shall be for the use of the State and the other 21 half for the use of the informer. 22 23 Section 10-9-240. Should any person whosoever interfere with, 24 obstruct or molest or attempt to interfere with, obstruct or molest 25 the Board department or anyone by it authorized or licensed 26 hereunder in the peaceable possession and occupation for mining 27 purposes of any of the marshes, navigable streams or waters of the 28 State, then the Board department may, in the name and on behalf 29 of the State, take such measures or proceedings as it may be 30 advised are proper to enjoin and terminate any such molestation, 31 interference or obstruction and place the State, through its agents, 32 the Board department or any one under it authorized, in absolute 33 and practical possession and occupation of such marshes, 34 navigable streams or waters. 35 36 Section 10-9-250. Should any person attempt to mine or 37 remove phosphate rock and phosphatic deposits from any of the 38 marshes, navigable waters or streams, including the Coosaw River 39 phosphate territory, by and with any boat, vessel, marine dredge or 40 other appliances for such mining or removal, without the leave or 41 license of the Board department thereto first had and obtained, all 42 such boats, vessels, marine dredges and other appliances are 43 hereby declared forfeited to and property of the State, and the
1 [80] 67 1 Attorney General, for and in behalf of the State, shall institute 2 proceedings in any court of competent jurisdiction for the claim 3 and delivery thereof, in the ordinary form of action for claim and 4 delivery, in which action the title of the State shall be established 5 by the proof of the commission of any such act of forfeiture by the 6 person owning them, or his agents, in possession of such boats, 7 vessels, marine dredges or other appliances. In any such action the 8 State shall not be called upon or required to give any bond or 9 obligation such as is required by parties plaintiff in action for 10 claim and delivery. 11 12 Section 10-9-260. Any person wilfully interfering with, 13 molesting or obstructing or attempting to interfere with, molest or 14 obstruct the State or the State Budget and Control Board South 15 Carolina Department of Administration or anyone by it authorized 16 or licensed in the peaceable possession and occupation of any of 17 the marshes, navigable streams or waters of the State, including the 18 Coosaw River phosphate territory, or who shall dig or mine or 19 attempt to dig or mine any of the phosphate rock or phosphatic 20 deposits of this State without a license so to do issued by the Board 21 department shall be punished for each offense by a fine of not less 22 than one hundred dollars nor more than five hundred dollars or 23 imprisonment for not less than one nor more than twelve months, 24 or both, at the discretion of the court. 25 26 Section 10-9-270. The Board department shall report annually 27 to the General Assembly its actions and doings under this article 28 during the year to the time of the meeting of the Assembly, with an 29 itemized account of its expenses for the year incurred in 30 connection with its duties and powers under this article. 31 32 Article 5 33 34 Geothermal Resources 35 36 Section 10-9-310. For purposes of this article geothermal 37 resources mean the natural heat of the earth at temperatures greater 38 than forty degrees Celsius and includes: 39 (1) The energy, including pressure, in whatever form present 40 in, resulting from, created by, or that may be extracted from that 41 natural heat.
1 [80] 68 1 (2) The material medium, including the brines, water, and 2 steam naturally present, as well as any substance artificially 3 introduced to serve as a heat transfer medium. 4 (3) All dissolved or entrained minerals and gases that may be 5 obtained from the material medium but excluding hydrocarbon 6 substances and helium. 7 8 Section 10-9-320. The State Budget and Control Board (board) 9 South Carolina Department of Administration may lease 10 development rights to geothermal resources underlying surface 11 lands owned by the State. The board department must promulgate 12 regulations regarding the method of lease acquisition, lease terms, 13 and conditions due the State under lease operations. The South 14 Carolina Department of Natural Resources is designated as the 15 exclusive agent for the board in selecting lands to be leased, 16 administering the competitive bidding for leases, administering the 17 leases, receiving and compiling comments from other state 18 agencies concerning the desirability of leasing the state lands 19 proposed for leasing and such other activities that pertain to 20 geothermal resource leases as may be included herein as 21 responsibilities of the board department. 22 23 Section 10-9-330. Any lease of rights to drill for and use oil, 24 natural gas, or minerals on public or private lands must not allow 25 drilling for or use of geothermal energy by the lessee unless the 26 instrument creating the lease specifically provides for such use.” 27 28 Subpart 2 29 30 SECTION 1. Section 48-52-410 of the 1976 Code, as added by 31 Act 449 of 1992, is amended to read: 32 33 “Section 48-52-410. There is established the State Energy 34 Office within the State Budget and Control Board South Carolina 35 Department of Administration which shall serve as the principal 36 energy planning entity for the State. Its primary purpose is to 37 develop and implement a well-balanced energy strategy and to 38 increase the efficiency of use of all energy sources throughout 39 South Carolina through the implementation of the Plan for State 40 Energy Policy. The State Energy Office must not function as a 41 regulatory body.” 42
1 [80] 69 1 SECTION 2. Section 48-52-620(D) of the 1976 Code, as added 2 by Act 449 of 1992, is amended to read: 3 4 “(D) Each public school district and state agency shall submit to 5 the State Energy Office and each state agency shall include in its 6 annual annually report to the Budget and Control Board South 7 Carolina Department of Administration: 8 (1) activities undertaken implementing its energy 9 conservation plan; and 10 (2) progress made in achieving its energy conservation 11 goals.” 12 13 SECTION 3. Section 48-52-635 of the 1976 Code, as added by 14 Act 145 of 1995, is amended to read: 15 16 “Section 48-52-635. Pursuant to Section 48-52-630, an 17 agency’s savings realized in the prior fiscal year from 18 implementing an energy conservation measure, as compared to a 19 baseline energy use as certified by the State Energy Office, may be 20 retained and carried forward into the current fiscal year. This 21 savings, as certified by the State Energy Office, must first be used 22 for debt retirement of capital expenditures, if any, on the energy 23 conservation measure, after which time savings may be used for 24 agency operational purposes and where practical, reinvested into 25 energy conservation areas. The agency must report all actual 26 savings in the energy portion of its annual report to the State 27 Budget and Control Board South Carolina Department of 28 Administration.” 29 30 SECTION 4. Section 48-52-680(C) of the 1976 Code, as added 31 by Act 449 of 1992, is amended to read: 32 33 “(C) The State Energy Office shall provide the Office of 34 Property Facilities Management of the Budget and Control Board 35 South Carolina Department of Administration, Division of General 36 Services, information to be used in evaluating energy costs for 37 buildings or portions of buildings proposed to be leased by 38 governmental bodies that are defined in and subject to the 39 Consolidated Procurement Code. The information provided must 40 be considered with the other criteria provided by law by a 41 governmental body before entering into a real property lease.” 42
1 [80] 70 1 SECTION 5. Section 48-46-30(4) and (5) of the 1976 Code, as 2 added by Act 357 of 2000, are amended to read: 3 4 “(4) ‘Board’ means the South Carolina Budget and Control 5 Board or its designated official. 6 (5) ‘Decommissioning trust fund’ means the trust fund 7 established pursuant to a Trust Agreement dated March 4, 1981, 8 among Chem-Nuclear Systems, Inc. (grantor), the South Carolina 9 Budget and Control Board (beneficiary) or its successor, 10 Department of Administration, and the South Carolina State 11 Treasurer (trustee), whose purpose is to assure adequate funding 12 for decommissioning of the disposal site, or any successor fund 13 with a similar purpose. 14 (5) ‘Department’ means the South Carolina Department of 15 Administration or its designee.” 16 17 SECTION 6. Section 48-46-40 of the 1976 code, as added by Act 18 357 of 2000, is amended to read: 19 20 “Section 48-46-40. (A)(1) The board Upon the recommendation 21 of the Department of Administration, the Budget and Control 22 Board shall approve disposal rates for low-level radioactive waste 23 disposed at any regional disposal facility located within the State. 24 The approval of disposal rates pursuant to this chapter is neither a 25 regulation nor the promulgation of a regulation as those terms are 26 specially used in Title 1, Chapter 23. 27 (2) The board department shall adopt a maximum uniform 28 rate schedule for regional generators containing disposal rates that 29 include the administrative surcharges specified in Section 30 48-46-60(B) and surcharges for the extended custody and 31 maintenance of the facility pursuant to Section 13-7-30(4) and that 32 do not exceed the approximate disposal rates, excluding any access 33 fees and including a specification of the methodology for 34 calculating fees for large components, generally applicable to 35 regional generators on September 7, 1999. Any disposal rates 36 contained in a valid written agreement that were applicable to a 37 regional generator on September 7, 1999, that differ from rates in 38 the maximum uniform rate schedule will continue to be honored 39 through the term of such agreement. The maximum uniform rate 40 schedule approved under this section becomes effective 41 immediately upon South Carolina’s membership in the Atlantic 42 Compact. The maximum uniform rate schedule shall be the rate 43 schedule applicable to regional waste whenever it is not
1 [80] 71 1 superseded by an adjusted rate approved by the board department 2 pursuant to paragraph (3) of this subsection or by special disposal 3 rates approved pursuant to paragraphs (5) or (6)(e) of this 4 subsection. 5 (3) The board department may at any time of its own 6 initiative, at the request of a site operator, or at the request of the 7 compact commission, adjust the disposal rate or the relative 8 proportions of the individual components that constitute the overall 9 rate schedule. Except as adjusted for inflation in subsection (4), 10 rates adjusted in accordance with this section, that include the 11 administrative surcharges specified in Section 48-46-60(B) and 12 surcharges for the extended custody and maintenance of the 13 facility pursuant to Section 13-7-30(4), may shall not exceed initial 14 disposal rates set by the board department pursuant to subsection 15 (2). 16 (4) In March of each year the board department shall adjust 17 the rate schedule based on the most recent changes in the most 18 nearly applicable Producer Price Index published by the Bureau of 19 Labor Statistics as chosen by the board department or a successor 20 index. 21 (5) In consultation with the site operator, the board 22 department or its designee, on a case-by-case basis, may approve 23 special disposal rates for regional waste that differ from the 24 disposal rate schedule for regional generators set by the board 25 department pursuant to subsections (2) and (3). Requests by the 26 site operator for such approval shall be in writing to the board 27 department In approving such special rates, the board department 28 or its designee, shall consider available disposal capacity, demand 29 for disposal capacity, the characteristics of the waste, the potential 30 for generating revenue for the State, or other relevant factors; 31 provided, however, that the board department shall not approve 32 any special rate for an entity owned by or affiliated with the site 33 operator. Special disposal rates approved by the board department 34 under this subsection shall be in writing and shall be kept 35 confidential as proprietary business information for one year from 36 the date when the bid or the request for proposal containing the 37 special rate is accepted by the regional generator; provided, 38 however, that such special rates when accepted by a regional 39 generator shall be disclosed to the compact commission and to all 40 other regional generators, which shall, to the extent permitted by 41 applicable law, keep them confidential as proprietary business 42 information for one year from the date when the bid or request for 43 proposal containing this special rate is accepted by the regional
1 [80] 72 1 generator. Within one business day of a special disposal rate’s 2 acceptance, the site operator shall notify the board, the department, 3 the compact commission, and the regional generators of each 4 special rate that has been accepted by a regional generator, and the 5 board department, the compact commission, and regional 6 generators may communicate with each other about such special 7 rates. If any special rate approved by the board department for a 8 regional generator is lower than a disposal rate approved by the 9 board department for regional generators pursuant to subsections 10 (2) and (3) for waste that is generally similar in characteristics and 11 volume, the disposal rate for all regional generators shall be 12 revised to equal the special rate for the regional generator. 13 Regional generators may enter into contracts for waste disposal at 14 such special rates and on comparable terms for a period of not less 15 than six months. An officer of the site operator shall certify in 16 writing to the board department and the compact commission each 17 month that no regional generator’s disposal rate exceeds any other 18 regional generator’s special rate for waste that is generally similar 19 in characteristics and volume, and such certification shall be 20 subject to periodic audit by the board department and the compact 21 commission. 22 (6)(a) To the extent authorized by the compact commission, 23 the board Budget and Control Board, taking into account the 24 recommendation of the Department of Administration and on 25 behalf of the State of South Carolina, may enter into agreements 26 with any person in the United States or its territories or any 27 interstate compact, state, U.S. territory, or U.S. Department of 28 Defense military installation abroad for the importation of waste 29 into the region for purposes of disposal at a regional disposal 30 facility within South Carolina. No waste from outside the Atlantic 31 Compact region may be disposed at a regional disposal facility 32 within South Carolina, except to the extent that the board 33 department is authorized by the compact commission to enter into 34 agreements for importation of waste. 35 The board department shall authorize the importation of 36 nonregional waste into the region for purposes of disposal at the 37 regional disposal facility in South Carolina so long as nonregional 38 waste would not result in the facility accepting more than the 39 following total volumes of all waste: 40 (i) 160,000 cubic feet in fiscal year 2001; 41 (ii) 80,000 cubic feet in fiscal year 2002; 42 (iii) 70,000 cubic feet in fiscal year 2003; 43 (iv) 60,000 cubic feet in fiscal year 2004;
1 [80] 73 1 (v) 50,000 cubic feet in fiscal year 2005; 2 (vi) 45,000 cubic feet in fiscal year 2006; 3 (vii) 40,000 cubic feet in fiscal year 2007; 4 (viii) 35,000 cubic feet in fiscal year 2008. 5 After fiscal year 2008, the board department shall not authorize 6 the importation of nonregional waste for purposes of disposal. 7 (b) The board department may approve disposal rates 8 applicable to nonregional generators. In approving disposal rates 9 applicable to nonregional generators, the board department may 10 consider available disposal capacity, demand for disposal capacity, 11 the characteristics of the waste, the potential for generating 12 revenue for the State, and other relevant factors. 13 (c) Absent action by the board department under 14 subsection (b) above to establish disposal rates for nonregional 15 generators, rates applicable to these generators must be equal to 16 those contained in the maximum uniform rate schedule approved 17 by the board department pursuant to paragraph (2) or (3) of this 18 subsection for regional generators unless these rates are superseded 19 by special disposal rates approved by the board department 20 pursuant to paragraph (6)(e) of this subsection. 21 (d) Regional generators shall not pay disposal rates that 22 are higher than disposal rates for nonregional generators in any 23 fiscal quarter. 24 (e) In consultation with the site operator and upon the 25 recommendation of the Department of Administration, the board 26 Budget and Control Board or its designee, on a case-by-case basis, 27 may approve special disposal rates for nonregional waste that 28 differ from the disposal rate schedule for nonregional generators 29 set by the board department. Requests by the site operator for such 30 approval shall be in writing to the board department. In approving 31 such special rates, the board department or its designee shall 32 consider available disposal capacity, demand for disposal capacity, 33 the characteristics of the waste, the potential for generating 34 revenue for the State, and other relevant factors; provided, 35 however, that the board department shall not approve any special 36 rate for an entity owned by or affiliated with the site operator. 37 Special disposal rates approved by the board department under this 38 subsection shall be in writing and shall be kept confidential as 39 proprietary business information for one year from the date when 40 the bid or request for proposal containing the special rate is 41 accepted by the nonregional generator; provided, however, that 42 such special rates when accepted by a nonregional generator shall 43 be disclosed to the compact commission and to all regional
1 [80] 74 1 generators, which shall, to the extent permitted by applicable law, 2 keep them confidential as proprietary business information for one 3 year from the date when the bid or request for proposal containing 4 the special rate is accepted by the nonregional generator. Within 5 one business day of a special disposal rate’s acceptance, the site 6 operator shall notify the board department, the compact 7 commission, and the regional generators in writing of each special 8 rate that has been accepted by a nonregional generator, and the 9 board department, the compact commission, and regional 10 generators may communicate with each other about such special 11 rates. If any special rate approved by the board department for a 12 nonregional generator is lower than a disposal rate approved by the 13 board department for regional generators for waste that is 14 generally similar in characteristics and volume, the disposal rate 15 for all regional generators shall be revised to equal the special rate 16 for the nonregional generator. Regional generators may enter into 17 contracts for waste disposal at such special rate and on comparable 18 terms for a period of not less than six months. An officer of the 19 site operator shall certify in writing to the board department and 20 the compact commission each month that no regional generator 21 disposal rate exceeds any nonregional generator’s special rate for 22 waste that is generally similar in characteristics and volume, and 23 such certification shall be subject to periodic audit by the board 24 department and the compact commission. 25 (B)(1) Effective upon the implementation of initial disposal 26 rates by the board department under Section 48-46-40(A), the PSC 27 is authorized and directed to identify allowable costs for operating 28 a regional low-level radioactive waste disposal facility in South 29 Carolina. 30 (2) In identifying the allowable costs for operating a regional 31 disposal facility, the PSC shall: 32 (a) prescribe a system of accounts, using generally 33 accepted accounting principles, for disposal site operators, using as 34 a starting point the existing system used by site operators; 35 (b) obtain and audit the books and records of the site 36 operators associated with disposal operations as determined 37 applicable by the PSC; 38 (c) assess penalties against disposal site operators if the 39 PSC determines that they have failed to comply with regulations 40 pursuant to this section; and 41 (d) require periodic reports from site operators that 42 provide information and data to the PSC and parties to these 43 proceedings.
1 [80] 75 1 (3) Allowable costs include the costs of those activities 2 necessary for: 3 (a) the receipt of waste; 4 (b) the construction of disposal trenches, vaults, and 5 overpacks; 6 (c) construction and maintenance of necessary physical 7 facilities; 8 (d) the purchase or amortization of necessary equipment; 9 (e) purchase of supplies that are consumed in support of 10 waste disposal activities; 11 (f) accounting and billing for waste disposal; 12 (g) creating and maintaining records related to disposed 13 waste; 14 (h) the administrative costs directly associated with 15 disposal operations including, but not limited to, salaries, wages, 16 and employee benefits; 17 (i) site surveillance and maintenance required by the State 18 of South Carolina, other than site surveillance and maintenance 19 costs covered by the balance of funds in the decommissioning trust 20 fund or the extended care maintenance fund; 21 (j) compliance with the license, lease, and regulatory 22 requirements of all jurisdictional agencies; 23 (k) administrative costs associated with collecting the 24 surcharges provided for in subsections (B) and (C) of Section 25 48-46-60; 26 (l) taxes other than income taxes; 27 (m) licensing and permitting fees; and 28 (n) any other costs directly associated with disposal 29 operations determined by the PSC to be allowable. 30 Allowable costs do not include the costs of activities associated 31 with lobbying and public relations, clean-up and remediation 32 activities caused by errors or accidents in violation of laws, 33 regulations, or violations of the facility operating license or 34 permits, activities of the site operator not directly in support of 35 waste disposal, and other costs determined by the PSC to be 36 unallowable. 37 (4) Within 90 days following the end of a fiscal year, a site 38 operator may file an application with the PSC to adjust the level of 39 an allowable cost under subsection (3), or to allow a cost not 40 previously designated an allowable cost. The PSC shall process 41 such application in accordance with its procedures. If such 42 application is approved by the PSC, the PSC shall authorize the 43 site operator to adjust allowable costs for the current fiscal year so
1 [80] 76 1 as to compensate the site operator for revenues lost during the 2 previous fiscal year. 3 (5) A private operator of a regional disposal facility in South 4 Carolina is authorized to charge an operating margin of 5 twenty-nine percent. The operating margin for a given period 6 must be determined by multiplying twenty-nine percent by the 7 total amount of allowable costs as determined in this subsection, 8 excluding allowable costs for taxes and licensing and permitting 9 fees paid to governmental entities. 10 (6) The site operator shall prepare and file with the PSC a 11 Least Cost Operating Plan. The plan must be filed within 12 forty-five days of enactment of this chapter and must be revised 13 annually. The plan shall include information concerning 14 anticipated operations over the next ten years and shall evaluate all 15 options for future staffing and operation of the site to ensure least 16 cost operation, including information related to the possible 17 interim suspension of operations in accordance with subsection (B) 18 (7). 19 (7)(a) If the board, upon the recommendation of the 20 Department of Administration and upon the advice of the compact 21 commission or the site operator, concludes based on information 22 provided to the board department, that the volume of waste to be 23 disposed during a forthcoming period of time does not appear 24 sufficient to generate receipts that will be adequate to reimburse 25 the site operator for its costs of operating the facility and its 26 operating margin, then the board department shall direct the site 27 operator to propose to the compact commission plans including, 28 but not necessarily limited to, a proposal for discontinuing 29 acceptance of waste until such time as there is sufficient waste to 30 cover the site operator’s operating costs and operating margin. 31 Any proposal to suspend operations must detail plans of the site 32 operator to minimize its costs during the suspension of operations. 33 Any such proposal to suspend operations must be approved by the 34 Department of Health and Environmental Control with respect to 35 safety and environmental protection. 36 (b) Allowable costs applicable to any period of suspended 37 operations must be approved by the PSC according to procedures 38 similar to those provided herein for allowable operating costs. 39 During any such suspension of operations, the site operator must 40 be reimbursed by the board department from the extended care 41 maintenance fund for its allowable costs and its operating margin. 42 During the suspension funding to reimburse the board department, 43 the PSC, and the State Treasurer under Section 48-46-60(B) and
1 [80] 77 1 funding of the compact commission under Section 48-46-60(C) 2 must also be allocated from the extended care maintenance fund as 3 approved by the board department based on revised budgets 4 submitted by the PSC, State Treasurer, and the compact 5 commission. 6 (c) Notwithstanding any disbursements from the extended 7 care maintenance fund in accordance with any provision of this 8 act, the board department shall continue to ensure, in accordance 9 with Section 13-7-30, that the fund remains adequate to defray the 10 costs for future maintenance costs or custodial and maintenance 11 obligations of the site and other obligations imposed on the fund 12 by this chapter. 13 (d) The PSC may promulgate regulations and policies 14 necessary to execute the provisions of this section. 15 (8) The PSC may use any standard, formula, method, or 16 theory of valuation reasonably calculated to arrive at the objective 17 of identifying allowable costs associated with waste disposal. The 18 PSC may consider standards, precedents, findings, and decisions in 19 other jurisdictions that regulate allowable costs for radioactive 20 waste disposal. 21 (9) In all proceedings held pursuant to this section, the board 22 department shall participate as a party representing the interests of 23 the State of South Carolina, and the compact commission may 24 participate as a party representing the interests of the compact 25 states. The Consumer Advocate and the Attorney General of the 26 State of South Carolina shall be parties to any such proceeding. 27 Representatives from the Department of Health and Environmental 28 Control shall participate in proceedings where necessary to 29 determine or define the activities that a site operator must conduct 30 in order to comply with the regulations and license conditions 31 imposed by the department. Other parties may participate in the 32 PSC’s proceedings upon satisfaction of standing requirements and 33 compliance with the PSC’s procedures. Any site operator 34 submitting records and information to the PSC may request that 35 the PSC treat such records and information as confidential and not 36 subject to disclosure in accordance with the PSC’s procedures. 37 (10) In all respects in which the PSC has power and authority 38 under this chapter, it shall conduct its proceedings under the South 39 Carolina Administrative Procedures Act and the PSC’s rules and 40 regulations. The PSC is authorized to compel attendance and 41 testimony of a site operator’s directors, officers, agents, or 42 employees.
1 [80] 78 1 (11) At any time the compact commission, the board 2 department, or any generator subject to payment of rates set 3 pursuant to this chapter may file a complaint against a site operator 4 alleging that allowable costs identified pursuant to this chapter are 5 not in conformity with the directives of this chapter or the 6 directives of the PSC or that the site operator is otherwise not 7 acting in conformity with the requirements of this chapter or 8 directives of the PSC. Upon filing of the complaint, the PSC shall 9 cause a copy of the complaint to be served upon the site operator. 10 The complaining party has the burden of proving that allowable 11 costs or the actions of the site operator do not conform. The 12 hearing shall conform to the rules of practice and procedure of the 13 PSC for other complaint cases. 14 (12) The PSC shall encourage alternate forms of dispute 15 resolution including, but not limited to, mediation or arbitration to 16 resolve disputes between a site operator and any other person 17 regarding matters covered by this chapter. 18 (C) The operator of a regional disposal facility shall submit to 19 the South Carolina Department of Revenue, the PSC, and the 20 board department within thirty days following the end of each 21 quarter a report detailing actual revenues received in the previous 22 fiscal quarter and allowable costs incurred for operation of the 23 disposal facility. 24 (D)(1) Within 30 days following the end of the fiscal year the 25 operator of a regional disposal facility shall submit a payment 26 made payable to the South Carolina Department of Revenue in an 27 amount that is equal to the total revenues received for waste 28 disposed in that fiscal year (with interest accrued on cash flows in 29 accordance with instructions from the State Treasurer) minus 30 allowable costs, operating margin, and any payments already made 31 from such revenues pursuant to Section 48-46-60(B) and (C) for 32 reimbursement of administrative costs to state agencies and the 33 compact commission. The Department of Revenue shall deposit 34 the payment with the State Treasurer. 35 (2) If in any fiscal year total revenues do not cover allowable 36 costs plus the operating margin, the board department must 37 reimburse the site operator its allowable costs and operating 38 margin from the extended care maintenance fund within thirty 39 days after the end of the fiscal year. The board department shall as 40 soon as practicable authorize a surcharge on waste disposed in an 41 amount that will fully compensate the fund for the reimbursement 42 to the site operator. In the event that total revenues for a fiscal 43 year do not cover allowable costs plus the operating margin, or
1 [80] 79 1 quarterly reports submitted pursuant to subsection (C) indicate that 2 such annual revenue may be insufficient, the board department 3 shall consult with the compact commission and the site operator as 4 early as practicable on whether the provisions of Section 5 48-46-40(B)(7) pertaining to suspension of operations during 6 periods of insufficient revenues should be invoked. 7 (E) Revenues received pursuant to item (1) of subsection (D) 8 must be allocated as follows: 9 (1) The South Carolina State Treasurer shall distribute the 10 first two million dollars received for waste disposed during a fiscal 11 year to the County Treasurer of Barnwell County for distribution 12 to each of the parties to and beneficiaries of the order of the United 13 States District Court in C.A. No. 1:90-2912-6 on the same 14 schedule of allocation as is established within that order for the 15 distribution of ‘payments in lieu of taxes’ paid by the United States 16 Department of Energy. 17 (2) All revenues in excess of two million dollars received 18 from waste disposed during the previous fiscal year must be 19 deposited in a fund called the ‘Nuclear Waste Disposal Receipts 20 Distribution Fund’. Any South Carolina waste generator whose 21 disposal fees contributed to the fund during the previous fiscal year 22 may submit a request for a rebate of 33.33 percent of the funds 23 paid by the generator during the previous fiscal year for disposal of 24 waste at a regional disposal facility. These requests along with 25 invoices or other supporting material must be submitted in writing 26 to the State Treasurer within fifteen days of the end of the fiscal 27 year. For this purpose disposal fees paid by the generator must 28 exclude any fees paid pursuant to Section 48-46-60(C) for compact 29 administration and fees paid pursuant to Section 48-46-60(B) for 30 reimbursement of the PSC, the State Treasurer, and the board 31 department for administrative expenses under this chapter. The 32 Budget and Control Board shall transfer funds to the Department 33 of Administration to underwrite necessary costs related to the 34 implementation of this chapter. Upon validation of the request and 35 supporting documentation by the State Treasurer, the State 36 Treasurer shall issue a rebate of the applicable funds to qualified 37 waste generators within sixty days of the receipt of the request. If 38 funds in the Nuclear Waste Disposal Receipts Distribution Fund 39 are insufficient to provide a rebate of 33.33 percent to each 40 generator, then each generator’s rebate must be reduced in 41 proportion to the amount of funds in the account for the applicable 42 fiscal year.
1 [80] 80 1 (3) All funds deposited in the Nuclear Waste Disposal 2 Receipts Distribution Fund for waste disposed for each fiscal year, 3 less the amount needed to provide generators rebates pursuant to 4 item (2), shall be deposited by the State Treasurer in the 5 ‘Children’s Education Endowment Fund’. Thirty percent of these 6 monies must be allocated to Higher Education Scholarship Grants 7 and used as provided in Section 59-143-30, and seventy percent of 8 these monies must be allocated to Public School Facility 9 Assistance and used as provided in Chapter 144 of Title 59. 10 (F) Effective beginning fiscal year 2001-2002, there is 11 appropriated annually from the general fund of the State to the 12 Higher Education Scholarship Grants share of the Children’s 13 Education Endowment whatever amount is necessary to credit to 14 the Higher Education Scholarship Grants share an amount not less 15 than the amount credited to that portion of the endowment in fiscal 16 year 1999-2000. Revenues credited to the endowment pursuant to 17 this subsection, for purposes of Section 59-143-10, are deemed to 18 be received by the endowment pursuant to the former provisions of 19 Section 48-48-140(C).” 20 21 SECTION 7. Section 48-46-50(A) of the 1976 Code, as added by 22 Act 357 of 2000, is amended to read: 23 24 “(A) The Governor shall appoint two commissioners to the 25 Atlantic Compact Commission and may appoint up to two 26 alternate commissioners. These alternate commissioners may 27 participate in meetings of the compact commission in lieu of and 28 upon the request of a South Carolina commissioner. Technical 29 representatives from the Department of Health and Environmental 30 Control, the board Department of Administration, the PSC, and 31 other state agencies may participate in relevant portions of 32 meetings of the compact commission upon the request of a 33 commissioner, alternate commissioner, or staff of the compact 34 commission, or as called for in the compact commission bylaws.” 35 36 SECTION 8. Section 48-46-60 of the 1976 Code, as added by Act 37 357 of 2000, is amended to read: 38 39 “Section 48-46-60. (A) The Governor and the board department 40 are authorized to take such actions as are necessary to join the 41 Atlantic Compact including, but not limited to, petitioning the 42 Compact Commission for membership and participating in any and 43 all rulemaking processes. South Carolina’s membership in the
1 [80] 81 1 Atlantic Compact pursuant to this chapter is effective July 1, 2000, 2 if by that date the Governor certifies to the General Assembly that 3 the Compact Commission has taken each of the actions specified 4 below. If the Compact Commission by July 1, 2000, has not taken 5 each of the actions specified below, then South Carolina’s 6 membership shall become effective as soon thereafter as the 7 Governor certifies that the Atlantic Compact Commission has 8 taken these actions: 9 (1) adopted a binding regulation or policy in accordance 10 with Article VII(e) of the compact establishing conditions for 11 admission of a party state that are consistent with this act and 12 ordered that South Carolina be declared eligible to be a party state 13 consistent with those conditions; 14 (2) adopted a binding regulation or policy in accordance 15 with Article IV(i)(11) of the Atlantic Compact authorizing a host 16 state to enter into agreements on behalf of the compact and 17 consistent with criteria established by the compact commission and 18 consistent with the provisions of Section 48-46-40(A)(6)(a) and 19 Section 48-46-50(D) with any person for the importation of waste 20 into the region for purposes of disposal, to the extent that these 21 agreements do not preclude the disposal facility from accepting all 22 regional waste that can reasonably be projected to require disposal 23 at the regional disposal facility consistent with subitem (5)(b) of 24 this section; 25 (3) adopted a binding regulation or policy in accordance 26 with Article IV(i)(12) of the Atlantic Compact authorizing each 27 regional generator, at the generator’s discretion, to ship waste to 28 disposal facilities located outside the Atlantic Compact region; 29 (4) authorized South Carolina to proceed with plans to 30 establish disposal rates for low-level radioactive waste disposal in 31 a manner consistent with the procedures described in this chapter; 32 (5) adopted a binding regulation, policy, or order officially 33 designating South Carolina as a volunteer host state for the 34 region’s disposal facility, contingent upon South Carolina’s 35 membership in the compact, in accordance with Article V.b.1. of 36 the Atlantic Compact, thereby authorizing the following 37 compensation and incentives to South Carolina: 38 (a) agreement, as evidenced in a policy, regulation, or 39 order that the compact commission will issue a payment of twelve 40 million dollars to the State of South Carolina. Before issuing the 41 twelve million-dollar payment, the compact commission will 42 deduct and retain from this amount seventy thousand dollars, 43 which will be credited as full payment of South Carolina’s
1 [80] 82 1 membership dues in the Atlantic Compact. The remainder of the 2 twelve million-dollar payment must be credited to an account in 3 the State Treasurer’s office, separate and distinct from the fund, 4 styled ‘Barnwell Economic Development Fund’. This fund, and 5 earnings on this fund which must be credited to the fund, may only 6 be expended for purposes of economic development in the 7 Barnwell County area including, but not limited to, projects of the 8 Barnwell County Economic Development Corporation and 9 projects of the Tri-County alliance which includes Barnwell, 10 Bamberg, and Allendale Counties and projects in the Williston 11 area of Aiken County. Economic development includes, but is not 12 limited to, industrial recruitment, infrastructure construction, 13 improvement, and expansion, and public facilities construction, 14 improvement, and expansion. These funds must be spent 15 according to guidelines established by the Barnwell County 16 governing body and upon approval of the board department. 17 Expenditures must be authorized by the Barnwell County 18 governing body and with the approval of the board department. 19 Upon approval of the Barnwell County governing body and the 20 board department, the State Treasurer shall submit the approved 21 funds to the Barnwell County Treasurer for disbursement pursuant 22 to the authorization; 23 (b) adopted a binding regulation, policy, or order 24 consistent with the regional management plan developed pursuant 25 to Article V(a) of the Atlantic Compact, limiting Connecticut and 26 New Jersey to the use of not more than 800,000 cubic feet of 27 disposal capacity at the regional disposal facility located in 28 Barnwell County, South Carolina, and also ensuring that up to 29 800,000 cubic feet of disposal capacity remains available for use 30 by Connecticut and New Jersey unless this estimate of need is later 31 revised downward by unanimous consent of the compact 32 commission; 33 (c) agreement, as evidenced in a policy or regulation, that 34 the compact commission headquarters and office will be relocated 35 to South Carolina within six months of South Carolina’s 36 membership; and 37 (d) agreement, as evidenced in a policy or regulation, that 38 the compact commission will, to the extent practicable, hold a 39 majority of its meetings in the host state for the regional disposal 40 facility. 41 (B) The board, the State Treasurer, and the PSC shall provide 42 the required staff and may add additional permanent or temporary 43 staff or contract for services, as well as provide for operating
1 [80] 83 1 expenses, if necessary, to administer new responsibilities assigned 2 under this chapter. In accordance with Article V.f.2. of the 3 Atlantic Compact the compensation, costs, and expenses incurred 4 incident to administering these responsibilities may be paid 5 through a surcharge on waste disposed at regional disposal 6 facilities within the State. To cover these costs the board shall 7 impose a surcharge per unit of waste received at any regional 8 disposal facility located within the State. A site operator shall 9 collect and remit these fees to the board in accordance with the 10 board’s directions. All such surcharges shall be included within 11 the disposal rates set by the board pursuant to Section 48-46-40. 12 (C) In accordance with Article V.f.3. of the Atlantic Compact, 13 the compact commission shall advise the board department at least 14 annually, but more frequently if the compact commission deems 15 appropriate, of the compact commission’s costs and expenses. To 16 cover these costs the board department shall impose a surcharge 17 per unit of waste received at any regional disposal facility located 18 within the State as determined in Section 48-46-40. A site 19 operator shall collect and remit these fees to the board department 20 in accordance with the board department’s directions, and the 21 board department shall remit those fees to the compact 22 commission.” 23 24 SECTION 9. Section 48-46-90(A) of the 1976 Code, as added by 25 Act 357 of 2000, is amended to read: 26 27 “(A) In accordance with Section 13-7-30, the board department, 28 or its designee, is responsible for extended custody and 29 maintenance of the Barnwell site following closure and license 30 transfer from the facility operator. The Department of Health and 31 Environmental Control is responsible for continued site 32 monitoring.” 33 34 SECTION 10. Section 13-7-10(10) of the 1976 Code, as added 35 by Act 357 of 2000, is amended to read: 36 37 “(10) ‘Decommissioning trust fund’ means the trust fund 38 established pursuant to a Trust Agreement dated March 4, 1981, 39 among Chem-Nuclear Systems, Inc. (grantor), the South Carolina 40 Budget and Control Board (beneficiary) or its successor, South 41 Carolina Department of Administration, and the South Carolina 42 State Treasurer (trustee), whose purpose is to assure adequate
1 [80] 84 1 funding for decommissioning of the disposal site, or any successor 2 fund with a similar purpose.” 3 4 SECTION 11. Section 13-7-30 of the 1976 Code, as last 5 amended by Act 357 of 200, is further amended to read: 6 7 “Section 13-7-30. For purposes of this article, the State Budget 8 and Control Board South Carolina Department of Administration, 9 hereinafter in this section referred to as the board department, is 10 designated as the agency of the State which shall have the 11 following powers and duties that are in accord with its already 12 established responsibilities for custody of state properties, and for 13 the management of all state sinking funds, insurance, and 14 analogous fiscal matters that are relevant to state properties: 15 (1) expend state funds in order to acquire, develop, and operate 16 land and facilities. This acquisition may be by lease, dedication, 17 purchase, or other arrangements. However, the state’s functions 18 under the authority of this section are limited to the specific 19 purposes of this article; 20 (2) lease, sublease, or sell real and personal properties to public 21 or private bodies; 22 (3) assure the maintenance of insurance coverage by state 23 licensees, lessees, or sublessees as will in the opinion of the board 24 department protect the citizens of the State against nuclear incident 25 that may occur on state-controlled atomic energy facilities; 26 (4) assume responsibility for extended custody and 27 maintenance of radioactive materials held for custodial purposes at 28 any publicly or privately operated facility located within the State, 29 in the event the parties operating these facilities abandon their 30 responsibility, or when the license for the facility is ultimately 31 transferred to an agency of the State, and whenever the federal 32 government or any agency of the federal government has not 33 assumed the responsibility. 34 In order to finance such extended custody and maintenance as 35 the board department may undertake, the board department may 36 collect fees from private or public parties holding radioactive 37 materials for custodial purposes. These fees must be sufficient in 38 each individual case to defray the estimated cost of the board 39 department’s custodial management activities for that individual 40 case. The fees collected for such custodial management activities 41 shall also be sufficient to provide additional funds for the purchase 42 of insurance which shall be purchased for the protection of the 43 State and the general public for the period such radioactive
1 [80] 85 1 material considering its isotope and curie content together with 2 other factors may present a possible danger to the general public in 3 the event of migration or dispersal of such radioactivity. All such 4 fees, when received by the board department, must be transmitted 5 to the State Treasurer. The Treasurer must place the money in a 6 special account, in the nature of a revolving trust fund, which may 7 be designated ‘extended care maintenance fund’, to be disbursed 8 on authorization of the board department. Monies in the extended 9 care maintenance funds must be invested by the board department 10 in the manner as other state monies. However, any interest 11 accruing as a result of investment must accrue to this extended 12 care maintenance fund. Except as authorized in Section 13 48-46-40(B)(7)(b) and (D)(2), the extended care maintenance fund 14 must be used exclusively for custodial, surveillance, and 15 maintenance costs during the period of institutional control and 16 during any post-closure and observation period specified by the 17 Department of Health and Environmental Control, and for 18 activities associated with closure of the site. Funds from the 19 extended care maintenance fund shall not be used for site closure 20 activities or for custodial, surveillance, and maintenance 21 performed during the post-closure observation period until all 22 funds in the decommissioning trust account are exhausted. 23 (5) Enter into an agreement with the federal government or any 24 of its authorized agencies to assume extended maintenance of 25 lands donated, leased, or purchased from the federal government 26 or any of its authorized agencies and used for development of 27 atomic energy resources or as custodial site for radioactive 28 material.” 29 30 SECTION 12. Section 13-7-830 of the 1976 Code, as last 31 amended by Act 357 of 2000, is further amended to read: 32 33 “Section 13-7-830. The recommendations described in Section 34 13-7-620 shall be made available to the General Assembly, the 35 Governor, and the Budget and Control Board South Carolina 36 Department of Administration.” 37 38 Subpart 3 39 40 SECTION 1. Section 1-11-435 of the 1976 Code, as added by Act 41 339 of 2002, is amended to read: 42
1 [80] 86 1 “Section 1-11-435. To protect the state’s critical information 2 technology infrastructure and associated data systems in the event 3 of a major disaster, whether natural or otherwise, and to allow the 4 services to the citizens of this State to continue in such an event, 5 the Office of the State Chief Information Officer (CIO) of the 6 South Carolina Budget and Control Board should develop a 7 Critical Information Technology Infrastructure Protection Plan 8 devising policies and procedures to provide for the confidentiality, 9 integrity, and availability of, and to allow for alternative and 10 immediate on-line access to, critical data and information systems 11 including, but not limited to, health and human services, law 12 enforcement, and related agency data necessary to provide critical 13 information to citizens and ensure the protection of state 14 employees as they carry out their disaster-related duties. All state 15 agencies and political subdivisions of this State are directed to 16 assist the Office of the State CIO in the collection of data required 17 for this plan.” 18 19 SECTION 2. Section 1-11-770 of the 1976 Code, as amended by 20 Act 339 of 2002, is amended to read: 21 22 “Section 1-11-770. (A) Subject to appropriations, the General 23 Assembly authorizes the state Budget and Control Board South 24 Carolina Department of Administration to plan, develop, and 25 implement a statewide South Carolina 211 Network, which must 26 serve as the single point of coordination for information and 27 referral for health and human services. The objectives for 28 establishing the South Carolina 211 Network are to: 29 (1) provide comprehensive and cost-effective access to 30 health and human services information; 31 (2) improve access to accurate information by simplifying 32 and enhancing state and local health and human services 33 information and referral systems and by fostering collaboration 34 among information and referral systems; 35 (3) electronically connect local information and referral 36 systems to each other, to service providers, and to consumers of 37 information and referral services; 38 (4) establish and promote standards for data collection and 39 for distributing information among state and local organizations; 40 (5) promote the use of a common dialing access code and 41 the visibility and public awareness of the availability of 42 information and referral services;
1 [80] 87 1 (6) provide a management and administrative structure to 2 support the South Carolina 211 Network and establish technical 3 assistance, training, and support programs for information and 4 referral-service programs; 5 (7) test methods for integrating information and referral 6 services with local and state health and human services programs 7 and for consolidating and streamlining eligibility and 8 case-management processes; 9 (8) provide access to standardized, comprehensive data to 10 assist in identifying gaps and needs in health and human services 11 programs; and 12 (9) provide a unified systems plan with a developed 13 platform, taxonomy, and standards for data management and 14 access. 15 (B) In order to participate in the South Carolina 211 Network, a 16 211 provider must be certified by the board department. The board 17 department must develop criteria for certification and must adopt 18 the criteria as regulations. 19 (1) If any provider of information and referral services or 20 other entity leases a 211 number from a local exchange company 21 and is not certified by the agency, the agency shall, after 22 consultation with the local exchange company and the Public 23 Service Commission, request that the Federal Communications 24 Commission direct the local exchange company to revoke the use 25 of the 211 number. 26 (2) The agency shall seek the assistance and guidance of the 27 Public Service Commission and the Federal Communications 28 Commission in resolving any disputes arising over jurisdiction 29 related to 211 numbers.” 30 31 SECTION 3. Section 11-35-1580 of the 1976 Code, as last 32 amended by Act 153 of 1997, is further amended to read: 33 34 “Section 11-35-1580. (1) Information Technology 35 Management Office. The Information Technology Management 36 Office shall be responsible for: 37 (a) assessing the need for and use of information 38 technology; 39 (b) administering all procurement and contracting activities 40 undertaken for governmental bodies involving information 41 technology in accordance with this chapter; 42 (c) providing for the disposal of all information technology 43 property surplus to the needs of a using agency;
1 [80] 88 1 (d) evaluating the use and management of information 2 technology; 3 (e) operating a comprehensive inventory and accounting 4 reporting system for information technology; 5 (f) developing policies and standards for the management of 6 information technology in state government; 7 (g) initiating a state plan for the management and use of 8 information technology; 9 (h) providing management and technical assistance to state 10 agencies in using information technology; and 11 (i) establishing a referral service for state agencies seeking 12 technical assistance or information technology services. 13 (2) Exemptions from the Requirements of this Section. The 14 office may establish by regulation categories of procurement for 15 information technology which shall be exempted from the 16 requirements of this section. 17 (3) Training and Certification. The office may establish a 18 training and certification program in accordance with Section 19 11-35-1030. 20 (A) The Office of the State Chief Information Officer the 21 Budget and Control Board is responsible for: 22 (1) assessing the need for and use of information 23 technology; 24 (2) providing for the disposal of all information technology 25 property surplus to the needs of a using agency; 26 (3) evaluating the use and management of information 27 technology; 28 (4) operating a comprehensive inventory and accounting 29 reporting system for information technology; 30 (5) developing policies and standards for the management of 31 information technology in state government; 32 (6) initiating a state plan for the management and use of 33 information technology; 34 (7) providing management and technical assistance to state 35 agencies in using information technology; and 36 (8) establishing a referral service for state agencies seeking 37 technical assistance or information technology services. 38 (B) The Budget and Control Board, Procurement Services 39 Division is responsible for: 40 (1) administering all procurement and contracting activities 41 undertaken for governmental bodies involving information 42 technology in accordance with this chapter;
1 [80] 89 1 (2) establishing by regulation categories of procurement for 2 information technology which shall be exempted from the 3 requirements of this section; and 4 (3) establishing a training and certification program in 5 accordance with Section 11 - 35 - 1030.” 6 7 SECTION 4. Section 23-1-230(H) of the 1976 Code, as added by 8 Act 339 of 2002, is amended to read: 9 10 “(H) The First Responders Advisory Committee shall receive 11 clerical and related assistance from the staff of the South Carolina 12 Law Enforcement Division, the Department of Public Safety, and 13 the Office of Information Resources State Chief Information 14 Officer.” 15 16 SECTION 5. Section 23-47-30 of the 1976 Code, as added by Act 17 245 of 1991, is amended to read: 18 19 “Section 23-47-30. (A) A local government which seeks 20 funding for a 911 system shall submit to the Division of 21 Information Resource Management (DIRM), South Carolina 22 Budget and Control Board, Office of Research and Statistics a 911 23 system plan for review and approval. The plan shall conform to 24 the planning guidelines set forth in this chapter, guidelines 25 promulgated by DIRM, and meet the requirements of current 26 tariffs applicable to the 911 system. The plan must include: 27 (1) the type of 911 system desired for the local government 28 including the type of equipment to be used and the associated 29 costs; 30 (2) the location of the PSAP and the county or municipality 31 agency or organization responsible for operating the PSAP; 32 (3) a listing of those public safety agencies whose services 33 will be available through the 911 system; 34 (4) the personnel determined necessary to operate and 35 maintain the 911 system; 36 (5) educational efforts the local government will undertake 37 to acquaint the general public with the availability and proper use 38 of the 911 system. 39 (B) Those local governments which already have a 911 system 40 are encouraged to conform to the standards set forth in this 41 section.” 42
1 [80] 90 1 SECTION 6. Section 23-47-50(E) of the 1976 Code, as last 2 amended by Act 233 of 2000, is further amended to read: 3 4 “(E) The ‘emergency telephone system’ fund must be included 5 in the annual audit of the local government in accordance with 6 guidelines issued by the state auditor’s office. A report of the 7 audit must be forwarded to the state auditor within sixty days of its 8 completion, and a copy sent to DIRM the Office of the State Chief 9 Information Officer.” 10 11 SECTION 7. Section 58-9-2540(B)(7) of the 1976 Code is 12 amended to read: 13 14 “(7) one representative from the office of the Division Office of 15 Information Resource Management the State Chief Information 16 Officer, State Budget and Control Board; and” 17 18 SECTION 8. Section 59-150-60(A)(9) of the 1976 Code, as 19 added by Act 59 of 2001, is amended to read: 20 21 “(9) acquire or lease real property and make improvements on it 22 and acquire by lease or by purchase personal property including, 23 but not limited to, computers; mechanical, electronic, and on-line 24 equipment and terminals; and intangible property including, but 25 not limited to, computer programs, systems, and software. To 26 achieve cost savings and efficiency, the commission shall use the 27 telecommunications network service of the Budget and Control 28 Board’s Office Division of the State Chief Information Resources 29 Officer pursuant to Sections 1-11-430 and Section 11-35-1580 30 provided that the service is secure;” 31 32 SECTION 9. Section 59-150-390 of the 1976 Code, as added by 33 Act 59 of 2001, is amended: 34 35 “Section 59-150-390. The State Department of Education, in 36 consultation with the Budget and Control Board’s Office Division 37 of the State Chief Information Resources Officer, the State 38 Library, and the Education Television Commission, shall 39 administer primary and secondary technology funding provided for 40 in Section 59-150-350. These funds are intended to provide 41 technology connectivity, hardware, software, and training for the 42 K-12 public schools throughout the State and, to the maximum 43 extent possible, involve public-private sector collaborative efforts.
1 [80] 91 1 Funds allocated to the local school districts for technology 2 expenditures must be distributed based on the number of students 3 eligible for the free and reduced lunch program in grades 1-3.” 4 5 Subpart 4 6 7 Sections 1-11-315, 48-52-435, 48-52-440, and 48-52-460 of the 8 1976 Code are repealed. 9 10 Subpart 5 11 12 SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended by 13 adding: 14 15 “Article 9 16 17 Office of State Chief Information Officer 18 19 Section 1-11-1300. It is the intent of the General Assembly to 20 create an instrumentality that provides leadership and direction for 21 the use of information technology within the executive branch of 22 government in South Carolina. The General Assembly recognizes 23 the critical role information technology plays in providing cost 24 effective and efficient services to the citizens of this State. The 25 General Assembly envisions an enterprise information system that 26 provides an easily accessible, reliable, and accurate information 27 infrastructure to enhance both the quality and delivery of services. 28 29 Section 1-11-1305. There is created a management entity 30 within the State Budget and Control Board, the Office of the State 31 Chief Information Officer. The office is headed by the State Chief 32 Information Officer who is appointed by the Governor with the 33 advice and consent of the Senate. The State Chief Information 34 Officer serves at the pleasure of the Budget and Control Board and 35 may only be removed by majority vote of the members of the 36 Budget and Control Board that includes a vote by the Governor to 37 remove the State Chief Information Officer. 38 39 Section 1-1-1310. The Office of the State Chief Information 40 Officer may be organized in a manner the State Chief Information 41 Officer considers most appropriate to carry out various duties, 42 responsibilities, and authorities assigned to the office. 43
1 [80] 92 1 Section 1-11-1315. As used in this article, 2 (1) ‘Advisory Council’ means the South Carolina 3 Information Technology Advisory Council as established in this 4 article. 5 (2) ‘Board’ means the State Budget and Control Board. 6 (3) ‘Exempted state agency’ means the Department of 7 Transportation, the Medical University of South Carolina, 8 Clemson University, the University of South Carolina and its 9 regional campuses, and the State’s four-year public colleges and 10 universities. 11 (4) ‘Governmental body’ means a state government 12 department, commission, council, board, bureau, committee, 13 institution, college, university, technical school, agency, 14 government corporation, or other establishment or official of the 15 executive branch. Governmental body does not mean the General 16 Assembly, the State Senate, the State House of Representatives, or 17 any committee or instrumentality of the General Assembly, the 18 Senate, or House of Representatives; the Judicial Department; 19 Legislative Council; the Office of Legislative Printing, Information 20 and Technology Systems; the Department of Transportation; the 21 Medical University of South Carolina, Clemson University, the 22 University of South Carolina and its regional campuses, and the 23 State’s four-year public colleges and universities; and all local 24 political subdivisions such as counties, municipalities, school 25 districts, or public service or special purpose districts. 26 (5) ‘Immediate family’ means a person who is: 27 (a) a spouse; 28 (b) a child residing in the same household; or 29 (c) claimed as a dependent for income tax purpose. 30 (6) ‘Information technology’ means electronic data 31 processing goods and services, telecommunications goods and 32 services, information security goods and services, information 33 management, microprocessors, software, information processing, 34 office systems, any services related to these, and consulting or 35 other services for design or redesign of information technology 36 supporting business processes. 37 (7) ‘Information technology vendor’ means a person or 38 entity who provides or proposes to provide information technology 39 goods or services in excess of an aggregate amount of four 40 hundred thousand dollars to the office pursuant to a procurement 41 contract or contracts for one or more projects within a fiscal year, 42 but does not include an employee of the office, a state agency, or 43 an instrumentality of the State. The term includes a corporation
1 [80] 93 1 whose shares are traded publicly and which is the parent company 2 of the contracting party in a procurement contract. 3 (8) ‘Office’ means the Office of the State Chief Information 4 Officer. 5 (9) ‘Other state entity’ means the General Assembly, the 6 State Senate, the State House of Representatives, or any committee 7 or instrumentality of the General Assembly, State Senate or State 8 House of Representatives; the Judicial Branch; the Legislative 9 Council; the Office of Legislative Printing, Information and 10 Technology Systems; or any other state agency or department that 11 is not a political subdivision or is not included in the definitions of 12 a governmental body or exempted state agency. 13 (10) ‘Political subdivision’ means the counties, 14 municipalities, school districts, special purpose districts, special 15 service districts, commissioners of public works, and any other 16 local governmental authority, board, commission, agency, 17 department, or political body. 18 (11) ‘Telecommunications’ means the provision, 19 transmission, conveyance, or routing of voice, data, video, or any 20 other information or signals to a point, or between or among 21 points, by or through any electronic, radio, or other medium or 22 method now in existence or devised after this article takes effect. 23 Telecommunications includes, but is not limited to, local telephone 24 services, toll telephone services, telegraph services, teletypewriter 25 services, teleconferencing services, private line services, channel 26 services, Internet protocol telephony, cable services, and mobile 27 telecommunications services, and includes all facilities and 28 equipment performing these functions. 29 30 Section 1-11-1320. (A) There is created the South Carolina 31 Information Technology Advisory Council. 32 (B) The advisory council consists of the following nine 33 members: 34 (1) two cabinet agency directors appointed by the Governor; 35 (2) one noncabinet agency director appointed by the 36 Governor upon recommendation of the president of the State 37 Agency Directors Organization; 38 (3) one representative of the state institutions of higher 39 learning appointed by the Council of Public College and 40 University Presidents; 41 (4) two citizen members from the private sector appointed 42 by the Governor;
1 [80] 94 1 (5) one citizen member from the private sector appointed by 2 the President of the Senate; 3 (6) one citizen member from the private sector appointed by 4 the Speaker of the House of Representatives; and 5 (7) the State Chief Information Officer. 6 (C) The State Chief Information Officer serves as chairman of 7 the advisory council. 8 (D) Appointed members serve at the pleasure of the appointing 9 authority. Members who serve by virtue of an office serve on the 10 advisory council while they hold that office. 11 (E) Members serve without compensation, but citizen members 12 of the advisory council are allowed the usual per diem and mileage 13 as provided by law for members of boards, commissions, and 14 committees while on official business of the advisory council. 15 (F) The powers and duties of the advisory council include the 16 following: 17 (1) make recommendations for the coordinated statewide 18 strategic plan for information technology prepared by the office; 19 (2) make recommendations for the statewide strategic 20 information technology directions, standards, and enterprise 21 architecture prepared by the office; 22 (3) make recommendations concerning a process to assess 23 information technology plans and information technology projects 24 as provided in Section 1-11-1335(4); 25 (4) make recommendations concerning the procedures 26 developed by the office for the allocation and distribution of funds 27 from the Information Technology Innovation Fund; 28 (5) upon request of the State Chief Information Officer or 29 the board, make recommendations concerning the advisability of 30 granting governmental bodies exemptions from the requirements 31 imposed by the Chief Information Officer as provided in this 32 article; 33 (6) upon request of the State Chief Information Officer or 34 the board, make recommendations concerning the termination of 35 any information technology project of a governmental body or 36 governmental bodies; and 37 (7) upon request of the board, may review decisions of the 38 office concerning whether the information technology plans and 39 projects of the governmental body conform to statewide 40 information technology plans, strategies, and standards. 41 42 Section 1-11-1325. (A) The State Information Technology 43 Directors Committee is created to advise the State Chief
1 [80] 95 1 Information Officer on matters relating to the development and 2 implementation of information technology standards, policies, and 3 procedures and facilitate the exchange of information among the 4 information technology directors of governmental bodies. The 5 committee includes representatives from governmental bodies and 6 must be chosen in a manner and number determined by the State 7 Chief Information Officer. 8 (B) The State Chief Information Officer may establish other 9 standing or ad hoc advisory committees to provide assistance 10 relating to any other matters within the office’s authority. 11 (C) Members of the advisory committees appointed pursuant to 12 subsections (A) and (B) are allowed the usual per diem and 13 mileage as provided by law for members of boards, commissions, 14 and committees while on official business of the committees. 15 Members who are full-time state employees shall not receive per 16 diem. 17 18 Section 1-11-1330. The powers and duties of the office 19 include the following: 20 (1) develop for approval by the board a coordinated 21 statewide strategic plan for information technology; 22 (2) develop for approval by the board statewide strategic 23 information technology directions, standards, and enterprise 24 architecture. These directions, standards, and architecture must 25 include, but are not limited to, information related to the privacy 26 and confidentiality of data collected and stored by governmental 27 bodies, web site accessibility, and assistive technologies. The 28 office shall implement necessary management processes to assure 29 that governmental bodies fully comply with these directions, 30 standards, and architecture; 31 (3) develop policies and procedures for the effective 32 management of information technology investments throughout 33 their entire life cycles, including, but not limited to, project 34 definition, procurement, development, implementation, operation, 35 performance evaluation, and enhancement or retirement; 36 (4) in cooperation with governmental bodies, evaluate the 37 information technology of governmental bodies to determine 38 whether the merger of information technology and related 39 resources is justified by sound business principles including, but 40 not limited to, efficiency, cost effectiveness, and cross agency 41 information sharing. If the State Chief Information Officer and a 42 governmental body or governmental bodies do not agree on a 43 merger determination by the State Chief Information Officer, the
1 [80] 96 1 governmental body or governmental bodies may seek a waiver 2 from the determination by following the appeal process in Section 3 1-11-1355; 4 (5) plan and forecast future needs for information 5 technology and conduct studies and surveys of organizational 6 structures and best management practices of information 7 technology systems and procedures; 8 (6) evaluate the information technology plans and projects of 9 governmental bodies to ensure that the plans and projects are 10 consistent with statewide plans, strategies, and standards, including 11 alignment with the state’s business goals, investments, and other 12 risk management policies; 13 (7) assist the Secretary of Commerce in the development of 14 information technology related industries in the State and the 15 promotion of economic development initiatives based on 16 information technology; 17 (8) assist governmental bodies in the development of 18 guidelines concerning the qualifications and training requirements 19 of information technology related personnel; 20 (9) secure all telecommunications equipment and services 21 for governmental bodies under terms the office considers suitable 22 and coordinate the supply of the equipment and services for use by 23 governmental bodies; 24 (10) operate and manage a state consolidated data center, and 25 other appropriate data centers, to be used by governmental bodies 26 under terms and conditions established by the office; 27 (11) develop information technology applications and 28 services for entities requesting them; 29 (12) administer information technology related procurements 30 and contracting activities for governmental bodies in accordance 31 with the South Carolina Consolidated Procurement Code; 32 (13) enter into agreements and contracts with governmental 33 bodies, political subdivisions, and other state entities to provide 34 and receive goods and services. The office may establish fee 35 schedules to be collectible from governmental bodies and other 36 state entities for services rendered and goods provided; 37 (14) hire necessary personnel and assign them duties and 38 powers as the office prescribes; and 39 (15) exercise and perform other powers and duties as granted 40 to it, imposed upon it by law or necessary to carry out the purposes 41 in this article. 42
1 [80] 97 1 Section 1-11-1335. The office has the following additional 2 powers and duties relating to planning and the management of 3 information technology projects of governmental bodies: 4 (1) oversee the development of any statewide and 5 multi-agency information technology enterprise projects; 6 (2) develop for board approval a process for approving the 7 information technology plans of governmental bodies; 8 (3) establish a methodology and process for conceiving, 9 planning, scheduling, procuring, and providing appropriate 10 oversight for information technology projects; 11 (4) develop for the board’s approval a process for approving 12 information technology projects proposed by governmental bodies 13 to ensure that all of these projects conform to statewide 14 information technology plans, strategies, and standards, the 15 information technology plan of the governmental body, and the 16 project management methodology. Before initiating any 17 information technology project proposed by a governmental body 18 or governmental bodies that exceeds an amount set or adjusted by 19 the board, but initially set at four hundred thousand dollars, the 20 project must be approved, as provided in the approval process. 21 Governmental bodies shall not artificially divide these projects so 22 as to avoid the approval process; 23 (5) monitor approved information technology projects. The 24 office may modify and suspend any information technology 25 project that is not in compliance with statewide information 26 technology plans, strategies, and standards or that has not met the 27 performance measures agreed to by the office and the sponsoring 28 governmental body. Upon suspension of an information 29 technology project, the State Chief Information Officer must 30 submit to the board a recommended action plan at the board’s next 31 regularly scheduled meeting. The governmental body may 32 respond to the State Chief Information Officer’s recommended 33 action plan when it is presented to the board. Upon notifying a 34 governmental body and giving the governmental body an 35 opportunity to be heard, the board may terminate projects upon 36 recommendation of the State Chief Information Officer; 37 (6) establish minimum qualifications and training standards 38 for project managers; and 39 (7) establish an information clearinghouse that identifies 40 best practices and new developments and contains detailed 41 information regarding the state’s previous experiences with the 42 development of information technology projects. 43
1 [80] 98 1 Section 1-11-1340. (A) The office has the following additional 2 powers and duties relating to telecommunications: 3 (1) coordinate the various telecommunications facilities and 4 services used by governmental bodies; 5 (2) acquire, lease, construct, or organize facilities and 6 equipment as necessary to deliver comprehensive 7 telecommunications services in an efficient and cost-effective 8 manner, and maintain these facilities and equipment; 9 (3) provide technical assistance to governmental bodies in 10 areas such as: 11 (a) performing systems development services, including 12 design, application programming, and maintenance; 13 (b) conducting research and sponsoring demonstration 14 projects pertaining to all facets of telecommunications; and 15 (c) planning and forecasting for future needs in 16 communications services. 17 (B) If requested by a political subdivision, other state entity, or 18 exempted state agency, the office may supply telecommunications 19 goods and services to the political subdivision, other state entity, or 20 exempted state agency under terms and conditions agreed upon by 21 the office and the political subdivision, other state entity, or 22 exempted state agency. 23 (C) A governmental body shall not enter into an agreement or 24 renew an existing agreement for telecommunications services or 25 equipment unless approved by the office. 26 27 Section 1-11-1345. (A) The office has the following additional 28 powers and duties relating to information technology procurements 29 by governmental bodies: 30 (1) ensure that information technology procurements are 31 conducted in a manner consistent with the South Carolina 32 Consolidated Procurement Code and related regulations; 33 (2) ensure that information technology procurements 34 conform to statewide information technology plans, strategies, and 35 standards. The office may reject any information technology 36 procurement that does not conform to statewide information 37 technology plans, strategies, and standards; 38 (3) recommend to the board categories of information 39 technology procurement, which must be exempted from the 40 requirements of the South Carolina Consolidated Procurement 41 Code and related regulations; 42 (4) enter into cooperative purchasing agreements with 43 political subdivisions, other state entities, and exempted state
1 [80] 99 1 agencies for the procurement of information technology and allow 2 political subdivisions, other state entities, and exempted state 3 agencies to participate in the office’s procurement of information 4 technology under terms and conditions established by the office; 5 and 6 (5) participate in, sponsor, conduct, or administer 7 cooperative purchasing agreements for the procurement of 8 information technology. 9 (B) If requested by a political subdivision, other state entity, or 10 exempted state agency, the office may supply information 11 technology goods and services to the political subdivision, other 12 state entity, or exempted state agency under terms and conditions 13 agreed upon by the office and the political subdivision, other state 14 entity, or exempted state agency. 15 (C) An exempted state agency must follow the requirements of 16 the South Carolina Consolidated Procurement Code and related 17 regulations in making information technology procurements. 18 Section 1-11-1350. The office has the following additional 19 powers and duties relating to the security of government 20 information and infrastructure: 21 (1) to protect the state’s critical information technology 22 infrastructure and associated data systems if there is a major 23 disaster, whether natural or otherwise, and to allow the services to 24 the citizens of this State to continue if there is such an event, the 25 office shall develop a Critical Information Technology 26 Infrastructure Protection Plan which devises policies and 27 procedures to provide for the confidentiality, integrity, and 28 availability of, and to allow for alternative and immediate on-line 29 access to data and information systems necessary to provide 30 critical information to citizens and ensure the protection of state 31 employees as they carry out their disaster-related duties. All 32 governmental bodies of this State are directed to assist the office in 33 the collection of data required for this plan; 34 (2) to oversee, plan, and coordinate periodic security audits 35 of governmental bodies regarding the protection of government 36 information and information technology infrastructure. These 37 security audits may include, but are not limited to, on-site audits as 38 well as reviews of all written security procedures. The office may 39 conduct the security audits or contract with a private firm or firms 40 to conduct these security audits. Governmental bodies subject to a 41 security audit shall cooperate fully with the entity designated to 42 perform such audits. 43
1 [80] 100 1 Section 1-11-1355. (A) Each governmental body is required to 2 develop an information technology plan and submit the plan to the 3 office for approval. The office may reject or require modification 4 to those plans that do not conform to statewide information 5 technology plans, strategies, and standards. 6 (B) A governmental body or governmental bodies may seek a 7 waiver from the standards, requirements, or merger determinations 8 as provided in this article by submitting a request for a waiver to 9 the State Chief Information Officer. 10 (C) The State Chief Information Officer must consider the 11 technological and financial impact on the State as a whole and on 12 the specific governmental body or governmental bodies in making 13 a determination regarding the waiver. 14 (D) In deciding whether to grant the request or upon the request 15 of the governmental body or governmental bodies, the State Chief 16 Information Officer may seek a recommendation concerning the 17 waiver from the advisory council. 18 (E) If the State Chief Information Officer denies the request for 19 a waiver, the governmental body or governmental bodies may seek 20 review of the denial by the board. The governmental body or 21 governmental bodies and State Chief Information Officer must 22 present information concerning the waiver to the board, and the 23 board may request a recommendation from the advisory council if 24 one has not been previously obtained. 25 (F) The board’s decision concerning the waiver is final, but 26 does not preclude the governmental body or governmental bodies 27 from seeking a subsequent waiver through the appeal process in 28 this section upon a showing of substantial change in 29 circumstances. 30 31 Section 1-11-1360. (A) The Budget and Control Board shall 32 provide, from funds appropriated for that purpose by the General 33 Assembly, funds necessary to carry out all duties and 34 responsibilities assigned to the office that are not reimbursable 35 through a fee-for-service methodology. The office must deposit in 36 a special account in the Office of the State Treasurer revenue 37 received from providing goods and services to governmental 38 bodies, political subdivisions, and other state entities. The revenue 39 deposited in the account may be expended only for the costs of 40 providing the goods and services, and these funds may be retained 41 and expended for the same purposes. 42 (B) There is created an Information Technology Innovation 43 Fund. This fund must provide incentives to governmental bodies
1 [80] 101 1 to implement enterprise initiatives and electronic government 2 projects. Use of the fund must encourage governmental bodies to 3 pursue innovative and creative approaches using technology that 4 provides needed citizens’ services more cost effectively and 5 efficiently. The fund shall not be used to replace or offset 6 appropriations for on-going technology expenditures and 7 operations. The fund consists of those funds appropriated through 8 the state budget process, grants, gifts, and other donations received 9 by the State or otherwise available. The office, with the approval 10 of the board, is responsible for developing appropriate procedures 11 for the allocation and distribution of these funds.” 12 13 SECTION 2. Section 1-11-430 of the 1976 Code is repealed. 14 15 SECTION 3. Title 1 of the 1976 Code is amended by adding: 16 17 “CHAPTER 8 18 19 Office of the State Inspector General 20 21 Section 1-8-10. (A) There is hereby created as a separate 22 division within the Department of Administration the Office of the 23 State Inspector General to be headed by a State Inspector General. 24 The State Inspector General must be responsible for promoting 25 integrity and efficiency in executive agencies. 26 (B) The State Inspector General must possess the following 27 qualifications: 28 (1) a bachelor’s degree from an accredited college or 29 university with major in accounting, or with a major in business 30 which includes five courses in accounting, and five years of 31 experience as an internal auditor of independent post auditor, 32 electronic data processing auditor, accountant, or any combination 33 thereof. The experience must at a minimum consist of audits of 34 units of government or private business enterprises, operating for 35 profit or not for profit; or 36 (2) a master’s degree in accounting, business administration, 37 or public administration from an accredited college or university 38 and four years of experience as required in item (1); or 39 (3) a certified public accountant license or a certified 40 internal audit certificate issued by the Institute of Internal Auditors 41 or earned by examination, and five years of experience as required 42 in item (1).
1 [80] 102 1 (C) The State Inspector General must be appointed by the 2 Governor with the advice and consent of the Senate for a term to 3 be coterminous with that of the Governor. 4 (D) The State Inspector General shall serve until his successor 5 is appointed and qualifies. Vacancies must be filled in the manner 6 of original selection. 7 (E) The State Inspector General may be removed from office at 8 the Governor’s discretion by an executive order as provided in 9 Section 1-3-240(B). 10 (F) The State Inspector General shall supervise the Office of 11 State Inspector General under the direction and control of the 12 Governor and shall exercise other powers and perform other duties 13 as the Governor requires. The State Inspector General must be 14 directly responsible to the Governor and must be independent of 15 any other executive agency. 16 17 Section 1-8-20. (A) For purposes of this chapter, ‘executive 18 agency’ or ‘executive agencies’ means any office, department, 19 board, commission, institution, university, college, body politic 20 and corporate of the State and any other person or any other 21 administrative unit of state government or corporate outgrowth of 22 state government, expending or encumbering state funds by virtue 23 of an appropriation from the General Assembly, or handling 24 money on behalf of the State, or holding any trust funds from any 25 source derived. ‘Executive agency’ or ‘executive agencies’ does 26 not mean or include municipalities, counties, special purpose 27 districts, the South Carolina National Guard, or any entity that 28 derives its powers and duties under Article 3 or Article 5 of the 29 South Carolina Constitution. 30 (B) The purpose of the Office of State Inspector General is to: 31 (1) initiate, supervise, and coordinate investigations, 32 recommend polices, and carry out other activities designed to 33 deter, detect, prevent, and eradicate fraud, waste, misconduct, and 34 abuse in the programs, operations, and contracting of all executive 35 agencies; 36 (2) keep the heads of executive agencies and the Governor 37 fully informed about problems, errors, omissions, misconduct, and 38 deficiencies relating to or arising out of the administration of 39 programs, operations, and contracting in executive agencies; 40 (3) provide leadership, coordination, and control over 41 satellite Inspector General offices in designated executive agencies 42 to ensure a coordinated and efficient administration of duties and 43 use of staff.
1 [80] 103 1 (C) Agency or satellite Inspector General offices established in 2 executive agencies must report to and follow the direction of the 3 State Inspector General. 4 (D) The Office of State Inspector General and the State 5 Inspector General have no jurisdiction, power, or authority over: 6 (1) the South Carolina National Guard, the Inspector 7 General of the South Carolina National Guard, or matters falling 8 under the jurisdiction or cognizance of the Adjutant General or the 9 Inspector General of the South Carolina National Guard; 10 (2) municipalities, counties, or special purpose districts; or 11 (3) any entity that derives its powers and duties under 12 Article 3 or Article 5 of the South Carolina Constitution. 13 14 Section 1-8-30. (A) It is the duty and responsibility of the 15 State Inspector General to: 16 (1) initiate, supervise, and coordinate investigative activities 17 relating to fraud, waste, misconduct, or abuse in executive 18 agencies; 19 (2) investigate, upon receipt of a complaint or for cause, any 20 administrative action of any executive agency including, but not 21 limited to, the possible existence of an activity in an executive 22 branch agency constituting a violation of law, rules or regulations, 23 or mismanagement, fraud, waste of funds, abuse of authority, 24 malfeasance, misfeasance, nonfeasance, or a substantial and 25 specific danger to the public health and safety; 26 (3) examine the records of any executive agency; 27 (4) require and obtain immediately by written notice from 28 officers and employees of executive agencies, to the fullest extent 29 permitted by law, information, documents, reports, answers, 30 records, accounts, papers, and other necessary data and 31 documentary evidence; 32 (5) have direct and prompt access to the heads of executive 33 agencies when necessary for a purpose pertaining to the 34 performance of functions and responsibilities under this chapter; 35 (6) recommend policies for and conduct, supervise, and 36 coordinate activities designed to deter, detect, prevent, and 37 eradicate fraud, waste, misconduct, and abuse in executive 38 agencies; 39 (7) coordinate complaint-handling activities in executive 40 agencies; 41 (8) implement policies to conform to the standards of 42 Chapter 27 of Title 8 concerning information received from state 43 employees;
1 [80] 104 1 (9) establishing and maintaining an 800 telephone number 2 for reporting fraud, waste, and abuse and for use as a whistle 3 blower’s hotline; 4 (10) report expeditiously to and cooperate fully with the State 5 Attorney General, South Carolina Law Enforcement Division, the 6 United States Attorney General, an appropriate solicitor, and other 7 law enforcement agencies when there are recognizable grounds to 8 believe that there has been a violation of criminal law or that a 9 civil action should be initiated; 10 (11) refer matters to the heads of executive agencies 11 whenever the State Inspector General determines that disciplinary 12 or other administrative action is appropriate; 13 (12) review, evaluate, and monitor the policies, practices, and 14 operations of the Executive office of Governor; 15 (13) conduct special investigations and management reviews 16 at the request of the Governor; 17 (14) select, appoint, and employ officers and employees 18 necessary for carrying out the functions, powers, and duties of the 19 office; and 20 (15) promulgate regulations to implement the polices and 21 purposes of this chapter including, but not limited to, regulations 22 for a system of monetary rewards for persons whose reports of 23 fraud, waste, or abuse result in savings to the State, the prevention 24 of loss, or the recovery of money or property owed to or belonging 25 to the State or an executive agency. 26 (B) The Office of Inspector General and the State Inspector 27 General are authorized and directed to take any lawful action that 28 is necessary and proper for the discharge of their duties and 29 responsibilities under this chapter. 30 31 Section 1-8-40. (A) Upon request of the State Inspector 32 General for information or assistance, executive agencies shall 33 immediately furnish the information and assistance to the State 34 Inspector General or an authorized designee. 35 (B) If information or assistance requested is, in the judgment of 36 the State Inspector General, unreasonably refused or not provided, 37 the State Inspector General may report the circumstances to the 38 head of the agency, the Attorney General, and the Governor for 39 appropriate action. 40 (C) The State Inspector General must submit any findings in 41 the form of a written report to the Governor upon completion of 42 any investigation or audit. Upon request, any report submitted to 43 the Governor by the State Inspector General must be made
1 [80] 105 1 available to the President Pro Tempore of the Senate and Speaker 2 of the House of Representatives. 3 (D) The State Inspector General must monitor the 4 implementation of the executive agency’s response to any report. 5 No later than six months after the State Inspector General 6 publishes a report on the executive agency, the State Inspector 7 General must provide a written response to the Governor on the 8 status of corrective actions taken. Upon request, any report 9 submitted to the Governor by the State Inspector General must be 10 made available to the President Pro Tempore of the Senate and 11 Speaker of the House of Representatives. 12 (E) No later than February 15th of each year, the State 13 Inspector General must submit an annual report summarizing the 14 activities of the office during the immediately preceding state 15 fiscal year to the Governor, the President Pro Tempore of the 16 Senate, the Speaker of the House of Representatives, and the 17 Legislative Audit Council. The report must include, but need not 18 be limited to: 19 (1) a description of activities relating to the development, 20 assessment, and validation of performance measures; 21 (2) a description of significant abuses and deficiencies 22 relating to the administration of programs and operations of the 23 agency disclosed by investigations, audits, reviews, or other 24 activities during the reporting period; 25 (3) a description of the recommendations for corrective 26 action made by the State Inspector General during the reporting 27 period with respect to significant problems, abuses, or deficiencies 28 identified; 29 (4) the identification of each significant recommendation 30 described in previous annual reports on which corrective action 31 has not been completed; and 32 (5) a summary of each audit and investigation completed 33 during the reporting period. 34 (F) Any report under this section is subject to public disclosure 35 to the extent that it does not include information made confidential 36 and exempt under the provisions of Sections 30-4-20(c) and 37 30-4-40. However, when the State Inspector General or a member 38 of his staff receives from an individual a complaint or information, 39 the name or identity of the individual, must not be disclosed to 40 anyone else without the written consent of the individual, unless 41 the State Inspector General determines that such disclosure is 42 unavoidable during the course of the investigation.
1 [80] 106 1 (G) The State Inspector General may make public reports 2 relating to the administration of the programs and operations of an 3 executive agency that are, in the judgment of the State Inspector 4 General, necessary or desirable. If the State Inspector General 5 determines to issue a public report, he must consult with the 6 Attorney General and other laws enforcement agencies before 7 issuing the report to ensure against an adverse impact on a grand 8 jury proceeding or prosecution being conducted by the Attorney 9 General, a circuit solicitor, or a law enforcement agency; 10 (H) In performing his duties, the State Inspector General is 11 subject to the statutory provisions and penalties regarding 12 confidentiality of records of the executive agency or person under 13 review. 14 15 Section 1-8-50. (A) No person may take or threaten to take 16 action against an employee as a reprisal for making a complaint or 17 disclosing information to the State Inspector General, unless the 18 complaint was made or the information disclosed with the 19 knowledge that it was false or with wilful disregard for its truth or 20 falsity. 21 (B) Nothing in this article shall affect the rights and protections 22 of state employees afforded under Title 8. 23 (C) The protections in this chapter for employees who report 24 fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, 25 or abuse in good faith are in addition and cumulative to protections 26 provided by another law.” 27 28 Subpart 6 29 30 SECTION 1. This part takes effect July 1, 2006. 31 32 PART IV 33 34 Organization of the Office of the Lieutenant Governor 35 36 SECTION 1. Section 20-7-2379 of the 1976 Code, as last 37 amended by Act 7 of 1999, is further amended to read: 38 39 “Section 20-7-2379. Division for Review of the Foster Care of 40 Children; Board; membership, terms of office, and meetings; 41 employment of director; promulgation of regulations. 42 (A) There is created, as part of the Office of the Lieutenant 43 Governor, the Division for Review of the Foster Care of Children.
1 [80] 107 1 The division must be supported by a board consisting of seven 2 members, all of whom must be past or present members of local 3 review boards. There must be one member from each 4 congressional district and one member from the State at large, all 5 appointed by the Lieutenant Governor with the advice and consent 6 of the Senate. 7 (B) Terms of office for the members of the board are for four 8 years and until their successors are appointed and qualify. 9 Appointments must be made by the Lieutenant Governor for terms 10 of four years to expire on June thirtieth of the appropriate year. 11 (C) The board shall elect from its members a chairman who 12 shall serve for two years. Four members of the board constitute a 13 quorum for the transaction of business. Members of the board 14 shall receive per diem, mileage, and subsistence as provided by 15 law for members of boards, commissions, and committees while 16 engaged in the work of the board. 17 (D) The board shall meet at least quarterly and more frequently 18 upon the call of the division director to review and coordinate the 19 activities of the local review boards and make recommendations to 20 the Lieutenant Governor and the General Assembly with regard to 21 foster care policies, procedures, and deficiencies of public and 22 private agencies which arrange for foster care of children as 23 determined by the review of cases provided for in Section 24 20-7-2376(A) and (B). These recommendations must be submitted 25 to the Lieutenant Governor and included in an annual report, filed 26 with the General Assembly, of the activities of the state office and 27 local review boards. 28 (E) The board, upon recommendation of the division director, 29 shall promulgate regulations to carry out the provisions of this 30 subarticle. These regulations shall provide for and must be limited 31 to procedures for: reviewing reports and other necessary 32 information at state, county, and private agencies and facilities; 33 scheduling of reviews and notification of interested parties; 34 conducting local review board and board of directors’ meetings; 35 disseminating local review board recommendations, including 36 reporting to the appropriate family court judges the status of 37 judicially approved treatment plans; participating and intervening 38 in family court proceedings; and developing policies for summary 39 review of children privately placed in privately-owned facilities or 40 group homes. 41 (F) The Lieutenant Governor may employ a division director to 42 serve at the Lieutenant Governor’s pleasure who may be paid an 43 annual salary to be determined by the Lieutenant Governor. The
1 [80] 108 1 director may be removed pursuant to Section 1-3-240. The 2 director shall employ staff as is necessary to carry out this 3 subarticle, and the staff must be compensated in an amount and in 4 a manner as may be determined by the Lieutenant Governor. 5 (G) This subarticle may not be construed to provide for 6 subpoena authority.” 7 8 SECTION 2. Section 20-7-2385 of the 1976 Code, as last 9 amended by Act 67 of 1991, is further amended to read: 10 11 “Section 20-7-2385. There are created sixteen local boards for 12 review of cases of children receiving foster care, one in each 13 judicial circuit, composed of five members appointed by the 14 Lieutenant Governor upon recommendation of the legislative 15 delegation of each county within the circuit for terms of four years 16 and until their successors are appointed and qualify. If the county 17 legislative delegations within a judicial circuit have not 18 recommended to the Lieutenant Governor a person to fill a review 19 board vacancy within ninety days after being notified by certified 20 mail that the vacancy exists, then the local review boards in the 21 judicial circuit may recommend to the Lieutenant Governor 22 someone to fill the vacancy. All local board members must be 23 residents of the judicial circuit which they represent, except where 24 a current or former member is substituting for an absent member. 25 Local boards shall elect their chairman. 26 If the board of directors determines that additional local review 27 boards are necessary in a judicial circuit because of an excessively 28 large case load for review or if the local board is no longer 29 necessary because of a reduced case load, the board may create or 30 dissolve local review boards by resolution, and the boards created 31 have all authority and duties provided for the boards by the 32 provisions of this subarticle. 33 In Dorchester County, appointments made pursuant to this 34 section are governed by the provisions of Act 512 of 1996. 35 In Georgetown County, appointments made pursuant to this 36 section are governed by the provisions of Act 515 of 1996.” 37 38 SECTION 3. Section 20-7-2386(A) of the 1976 Code, as added 39 by Act 95 of 1995, is amended to read: 40 41 “(A) No person may be employed by the Division for Review of 42 the Foster Care of Children, Office of the Lieutenant Governor, or
1 [80] 109 1 may serve on the state or a local foster care review board if the 2 person: 3 (1) is the subject of an indicated report or affirmative 4 determination of abuse or neglect as maintained by the Department 5 of Social Services in the Central Registry of Child Abuse and 6 Neglect pursuant to Section 20-7-680; 7 (2) has been convicted of or pled guilty or nolo contendere 8 to: 9 (a) an ‘offense against the person’ as provided for in Title 10 16, Chapter 3; 11 (b) an ‘offense against morality or decency’ as provided 12 for in Title 16, Chapter 15; or 13 (c) contributing to the delinquency of a minor, as 14 provided for in Section 16-17-490.” 15 16 SECTION 4. Section 20-7-5210 of the 1976 Code is amended to 17 read: 18 19 “Section 20-7-5210. There is created the Children’s Case 20 Resolution System, referred to in this article as the System, which 21 is a process of reviewing cases on behalf of children for whom the 22 appropriate public agencies collectively have not provided the 23 necessary services. The System must be housed in and staffed by 24 the Governor’s Office of the Lieutenant Governor.” 25 26 SECTION 5. Section 20-7-5240 of the 1976 Code is amended to 27 read: 28 29 “Section 20-7-5240. The functions of the System include, but 30 are not limited to, the following: 31 (a) receive case referrals from any source; 32 (b) review each case referred and continue in the System only 33 the cases in which individual public agency and interagency efforts 34 to resolve the case have been exhausted; 35 (c) conduct meetings with public agency representatives 36 designated by the System as relevant to the case for the purpose of 37 obtaining the unanimous consent of the designated agencies in the 38 development of a plan for each child and designating the 39 responsibilities of each agency pursuant to that plan. Each agency 40 requested by the System shall send a representative to the meetings 41 and shall provide information and assistance as may be required by 42 the System. Parties that have prior experience with the child or
1 [80] 110 1 who logically are presumed to have service delivery responsibility 2 for the child shall participate; 3 (d) convene a committee composed of public agency heads 4 designated by the System as relevant to the case when unanimous 5 consent is not obtained as required in item (c) for the purpose of 6 obtaining the unanimous consent of the designated agencies in 7 determining the child’s service needs and designating the 8 responsibilities of each agency as they relate to the child’s service 9 needs. Each agency must be represented by the agency head or by 10 a member of the agency staff having the power to make final 11 decisions on behalf of the agency head; 12 (e) when unanimous consent is not obtained as required in item 13 (d), a panel must be convened composed of the following persons: 14 (1) one public agency board member and one agency head 15 appointed by the Lieutenant Governor. Recommendations for 16 appointments may be submitted by the Human Services 17 Coordinating Council. No member may be appointed who 18 represents any agency involved in the resolution of the case; 19 (2) one legislator appointed by the Lieutenant Governor 20 upon the recommendation of the Joint Legislative Committee on 21 Children; and 22 (3) two members appointed by the Lieutenant Governor, 23 drawn from a list of qualified individuals not employed by a 24 child-serving public agency, established in advance by the System, 25 who have knowledge of public services for children in South 26 Carolina. 27 The chairman must be appointed by the Lieutenant Governor 28 from members appointed as provided in subitem (3) of this item. 29 A decision is made by a majority of the panel members present and 30 voting, but in no case may a decision be rendered by less than 31 three members. The panel shall review a case at the earliest 32 possible date after sufficient staff review and evaluation pursuant 33 to items (c) and (d) and shall make a decision by the next 34 scheduled panel meeting. When private services are necessary, 35 financial responsibility must be apportioned among the appropriate 36 public agencies based on the reasons for the private services. 37 Agencies designated by the panel shall carry out the decisions of 38 the panel, but the decisions may not substantially affect the funds 39 appropriated for the designated agency to such a degree that the 40 intent of the General Assembly is changed. Substantial impact of 41 the decisions must be defined by regulations promulgated by the 42 State Budget and Control Board. When the panel identifies similar 43 cases that illustrate a break in the delivery of service to children,
1 [80] 111 1 either because of restrictions by law or substantial lack of funding, 2 the panel shall report the situation to the General Assembly and 3 subsequently may not accept any similar cases for decision until 4 the General Assembly takes appropriate action, however, the 5 System may continue to perform the functions provided in items 6 (c) and (d). 7 Each member of the panel is entitled to subsistence, per diem, 8 and mileage authorized for members of state boards, committees, 9 and commissions. The respective agency is responsible for the 10 compensation of the members appointed in subitems (1) and (2) of 11 this item, and the System is responsible for the compensation of 12 the members appointed in subitem (3) of this item; 13 (f) monitor the implementation of case findings and panel 14 recommendations to assure compliance with the decisions made by 15 the System for each child; 16 (g) recommend improvements for the purpose of enhancing 17 the effective operation of the System and the delivery of service to 18 children by public agencies; 19 (h) submit an annual report on the activities of the System to 20 the Lieutenant Governor, the Joint Legislative Committee on 21 Children, and agencies designated by the System as relevant to the 22 cases; and 23 (i) compile and transmit additional reports on the activities 24 of the System, and recommendations for service delivery 25 improvements, as necessary, to the Lieutenant Governor and the 26 Joint Legislative Committee on Children.” 27 28 SECTION 6. Section 43-21-10 of the 1976 Code, as last amended 29 by Act 30 of 1995, is further amended to read: 30 31 “Section 43-21-10. (A) There is created in the Office of the 32 Lieutenant Governor, the Division on Aging. The division must be 33 supported by an the Advisory Council Committee on Aging 34 consisting of: 35 (1) the Lieutenant Governor or his designee; 36 (2) one member from each of the ten planning and service 37 areas under the Division on Aging and; 38 (3) one representative of each of the following groups 39 appointed by the Lieutenant Governor annually: 40 (a) long - term care providers; 41 (b) long - term care consumers; and 42 (c) persons in the insurance industry developing or 43 marketing a long - term care product; and
1 [80] 112 1 (4) five members from the State at large. 2 The director of the division shall provide statewide notice that 3 nominations may be submitted to the director from which the 4 Lieutenant Governor shall appoint the members of the council 5 committee, upon the advice and consent of the Senate. The 6 members must be citizens of the State who have an interest in and 7 a knowledge of the problems of an aging population. In making 8 appointments to the council committee, consideration must be 9 given to assure that the council is composed of appointees who are 10 diverse in age, who are able and disabled, and who are active 11 leaders in organizations and institutions that represent different 12 concerns of older citizens and their families. The chair must be 13 elected by the members of the advisory council committee from its 14 members for a term of two years and until a successor is elected. 15 Members of the council committee shall serve without 16 compensation but shall receive mileage and subsistence authorized 17 by law for members of boards, commissions, and committees. The 18 advisory council committee shall meet at least once each quarter 19 and special meetings may be called at the discretion of the director 20 of the division. Rules and procedures must be adopted by the 21 council committee for the governance of its operations and 22 activities. 23 (B) The Advisory Committee on Aging shall identify future 24 policy issues in aging and long - term care and may conduct 25 research and demonstration activities related to these issues.” 26 27 SECTION 7. Section 43-21-20 of the 1976 Code, as last amended 28 by Act 30 of 1995, is further amended to read: 29 30 “Section 43-21-20. (A) The members of the advisory council 31 committee shall serve for terms of four years and until their 32 successors are appointed and qualify. The terms of the members 33 expire on June thirtieth and all vacancies must be filled in the 34 manner of the original appointment for the unexpired portion of 35 the term only. No A member may not serve more than two 36 consecutive terms. 37 (B) The Lieutenant Governor may terminate a member of the 38 council for any reason pursuant to the provisions of Section 39 1-3-240, and the reason for the termination must be communicated 40 to each member of the council committee.” 41 42 SECTION 8. Section 43-21-45 of the 1976 Code, as amended 43 by Act 336 of 1994, is further amended to read:
1 [80] 113 1 2 “Section 43-21-45. The Lieutenant Governor’s Office, Division 3 on Aging, shall designate area agencies on aging and area agencies 4 on aging shall designate focal points. Focal points shall provide 5 leadership on aging issues in their respective communities and 6 shall carry out a comprehensive service system for older adults or 7 shall coordinate with a comprehensive service system in providing 8 services for older adults. The area agencies on aging represent the 9 regional level of the state aging network and the focal points 10 represent the local level of the state aging network.” 11 12 SECTION 9. Section 43-21-60 of the 1976 Code, as last amended 13 by Section 1020 of Act 181 of 1993, is further amended to read: 14 15 “Section 43-21-60. The division, through the Lieutenant 16 Governor, shall submit an annual report to the Governor and to the 17 General Assembly on or before January first of each year. The 18 report shall deal with the present and future needs of the elderly 19 and with the work of the division during the year.” 20 21 SECTION 10. Section 43-21-70 of the 1976 Code, as last 22 amended by Section 1021 of Act 181 of 1993, is further amended 23 to read: 24 25 “Section 43-21-70. The Lieutenant Governor may employ a 26 director to be the administrative officer of the division who shall 27 serve at his pleasure and who is subject to removal pursuant to the 28 provisions of Section 1-3-240 at his discretion.” 29 30 SECTION 11. Section 43-21-100 of the 1976 Code, as last 31 amended by Section 1023 of Act 181 of 1993, is further amended 32 to read: 33 34 “Section 43-21-100. The division shall prepare the annual 35 budget for its operation which must be submitted to the Lieutenant 36 Governor and to the General Assembly for approval.” 37 38 SECTION 12. Section 43-21-110 of the 1976 Code is amended 39 to read: 40 41 “Section 43-21-110. The General Assembly shall provide an 42 annual appropriation to carry out the work of the Commission 43 Division on Aging in the Office of the Lieutenant Governor.”
1 [80] 114 1 2 SECTION 13. Section 43-21-150 of the 1976 Code, as last 3 amended by Section 1026 of Act 181 of 1993, is further amended 4 to read: 5 6 “Section 43-21-150. The Division on Aging, with the 7 cooperation assistance of the Long Term Care Council Advisory 8 Committee and the Department of Insurance, shall develop and 9 implement a program to educate citizens concerning: 10 (a) the availability of long term care services; 11 (b) the lifetime risk of spending some time in a nursing home; 12 (c) the coverage available for long term care services through 13 Medicare, Medicaid, and private insurance policies, and the 14 limitations of this coverage; and 15 (d) the availability of home equity conversion alternatives, 16 such as reverse annuity mortgages and sale-leaseback 17 arrangements, in this State and the risks and benefits of these 18 alternatives. 19 This program must be made a part of the Preretirement 20 Education Program of the South Carolina Retirement Systems.” 21 22 SECTION 14. Sections 43-21-120, 43-21-130, and 43-21-140 of 23 the 1976 Code are repealed. 24 25 SECTION 15. This part takes effect on January 1, 2006. 26 27 PART V 28 29 Department of Behavioral Health Services 30 31 Subpart 1 32 33 SECTION 1. Section 8-11-945 of the 1976 Code is amended to 34 read: 35 36 “Section 8-11-945. For the purposes of this article, local health 37 care providers of the Department of Disabilities and Special 38 Needs, Division of Mental Retardation, Department of Behavioral 39 Health Services, Department Division of Alcohol and Other Drug 40 Abuse Services, and the South Carolina Division on Aging are 41 eligible for the base pay increase and performance pay increase as 42 prescribed.” 43
1 [80] 115 1 SECTION 2. Section 9-11-10(23)(b) of the 1976 Code is 2 amended to read: 3 4 “(b) an employee after January 1, 2000, of the South Carolina 5 Department of Corrections, the South Carolina Department of 6 Juvenile Justice, or the South Carolina Department Division of 7 Mental Health in the Department of Behavioral Health Services 8 who, by the terms of his employment, is a peace officer as defined 9 by Section 24-1-280. 10 Notwithstanding prior duties performed by a person who is a 11 police officer as defined in this item, the provisions of Section 12 9-11-40(9) apply to a person who is or who becomes a member of 13 the Police Officers Retirement System.” 14 15 SECTION 3. Section 11-11-170 of the 1976 Code is amended to 16 read: 17 18 “Section 11-11-170. (A) All revenues payable to this State 19 pursuant to the Master Settlement Agreement as described in 20 Section 11-47-20(e) must be used in the manner specified in this 21 section. 22 (B)(1) Seventy-three percent of the revenues must be used for 23 healthcare programs. These revenues, or the funds obtained 24 pursuant to Chapter 49 of Title 11, must be deposited in a fund 25 separate and distinct from the general fund and all other funds, 26 which is hereby established in the State Treasury styled the 27 Healthcare Tobacco Settlement Trust Fund. Earnings on this fund 28 must be credited to the fund. The principal must remain in the fund 29 and only the interest earnings may be appropriated and used for the 30 following purposes: 31 (a) for fiscal year 2000-2001 only, the first twenty million 32 dollars available from the principal derived from securitization 33 must be used for hospital base increase; 34 (b) the South Carolina Seniors’ Prescription Drug Program, 35 as provided in Chapter 130 of Title 44; 36 (c) home and community-based programs for seniors 37 coordinated by the Department of Health and Human Services 38 Oversight and Finance; 39 (d) youth smoking cessation and prevention programs 40 coordinated by the Department of Health and Environmental 41 Control and the Department Division of Alcohol and Other Drug 42 Abuse Services;
1 [80] 116 1 (e) newborn infants hearing screening initiatives 2 coordinated by the Department of Health and Environmental 3 Control; 4 (f) disease prevention and elimination of health disparities: 5 diabetes, HIV/AIDS, hypertension, and stroke, particularly in 6 minority populations; 7 (g) other health related issues as determined by the General 8 Assembly. 9 (2) Fifteen percent of the revenues, or the funds obtained 10 pursuant to Chapter 49 of Title 11, must be deposited in a fund 11 separate and distinct from the general fund and all other funds, 12 which is hereby established in the State Treasury styled the 13 Tobacco Community Trust Fund. Earnings on the fund must be 14 credited to the fund. This fund must be used to reimburse: 15 (a) tobacco growers, tobacco quota holders, and tobacco 16 warehousemen for actual losses due to reduced quotas since 1998. 17 For purposes of this subitem, “tobacco quota owner” and “tobacco 18 grower” have the meaning provided in Section 46-30-210, and the 19 reimbursement is for losses incurred in reduced cultivation of 20 tobacco in this State. Reimbursements must be made pursuant to 21 eligibility requirements established by the South Carolina Tobacco 22 Community Development Board created pursuant to Section 23 46-30-230; 24 (b) after the reimbursement provided pursuant to subitem 25 (a), the balance must be held in an escrow account through June 26 30, 2012, and used as provided in subitem (a) After June 30, 2012, 27 any account balance must be transferred to the Healthcare Tobacco 28 Settlement Trust Fund. 29 (3) Ten percent of the revenues, or the funds obtained 30 pursuant to Chapter 49 of Title 11, must be deposited in a fund 31 separate and distinct from the general fund and all other funds, 32 which is hereby established in the State Treasury styled the 33 Tobacco Settlement Economic Development Fund. Earnings on 34 the fund must be credited to the fund. This fund must be used for 35 the following programs: 36 (a) the first eighty million dollars credited to the fund is set 37 aside to be used for the purposes specified in this item except for 38 subitem (b); 39 (b) for Fiscal Year 2000-2001 only, the next ten million 40 dollars credited to the fund must be set aside to be available to be 41 appropriated and used in accordance with the provisions of Section 42 12-37-2735; and
1 [80] 117 1 (c) the remaining revenue credited to the fund must be used 2 to fund the South Carolina Water and Wastewater Infrastructure 3 Fund as provided in Section 13-1-45. 4 (4) Two percent of the revenues, or the funds obtained 5 pursuant to Chapter 49 of Title 11, must be deposited in a fund 6 separate and distinct from the general fund and all other funds, 7 which is hereby established in the State Treasury styled the 8 Tobacco Settlement Local Government Fund. Earnings on the fund 9 must be credited to the fund. This fund must be used to fund the 10 operation of and grants distributed by the Office of Local 11 Government of the Division of Regional Development of the 12 Budget and Control Board, or its successor in interest. 13 (C) In addition to those investments allowed pursuant to Section 14 11-9-660, the State Treasurer may invest and reinvest the revenues 15 payable to the State pursuant to the Tobacco Master Settlement 16 Agreement or funds raised pursuant to the provisions of Chapter 17 49 of this title and credited to the funds established by this section 18 in any obligations of a corporation, state, or political subdivision 19 denominated in United States dollars if the obligations bear an 20 investment grade rating of at least two nationally recognized rating 21 services.” 22 23 SECTION 4. Section 12-21-2975 of the 1976 Code is amended 24 to read: 25 26 “Section 12-21-2975. All soft drinks, playing cards, cigarettes 27 and tobacco products confiscated under this chapter shall be 28 donated to the Department Division of Mental Health in the 29 Department of Behavioral Health Services for patient use. The 30 items listed in this section shall not be subject to the advertisement 31 and sale provisions as provided for in this chapter.” 32 33 SECTION 5. Sections 14-1-203(2) of the 1976 Code is amended 34 to read: 35 36 “(2) 10.04 percent to the Department Division of Mental Health 37 to be used exclusively for the treatment and rehabilitation of drug 38 addicts within the department’s addiction center facilities;” 39 40 SECTION 6. Section 14-1-204(2) of the 1976 Code is amended to 41 read: 42
1 [80] 118 1 “(2) 7.23 percent to the Department Division of Mental Health 2 to be used exclusively for the treatment and rehabilitation of drug 3 addicts within the department’s addiction center facilities;” 4 5 SECTION 7. Section 14-1-205(2) of the 1976 Code is amended to 6 read: 7 8 “(2) 16.73 percent to the Department Division of Mental Health 9 to be used exclusively for the treatment and rehabilitation of drug 10 addicts within the department’s addiction center facilities;” 11 12 SECTION 8. Section 14-1-208(C)(7) of the 1976 Code is 13 amended to read: 14 15 “(7) .97 percent to the Department of Mental Health to be used 16 exclusively for the treatment and rehabilitation of drug addicts 17 within the department’s addiction center facilities;” 18 19 SECTION 9. The last paragraph of Section 16-25-20 of the 1976 20 Code is amended to read: 21 22 “An offender who participates in a batterer treatment program 23 pursuant to this section, must participate in a program offered 24 through a government agency, nonprofit organization, or private 25 provider approved by the Department of Social Services. The 26 offender must pay a reasonable fee for participation in the 27 treatment program but no person may be denied treatment due to 28 inability to pay. If the offender suffers from a substance abuse 29 problem, the judge may order, or the batterer treatment program 30 may refer, the offender to supplemental treatment coordinated 31 through the Department Division of Alcohol and Other Drug 32 Abuse Services with the local alcohol and drug treatment 33 authorities pursuant to Section 61-12-20. The offender must pay a 34 reasonable fee for participation in the substance abuse treatment 35 program, but no person may be denied treatment due to inability to 36 pay.” 37 38 SECTION 10. Section 16-25-65(B) of the 1976 Code is 39 amended to read: 40 41 “(B) A person who violates subsection (A) is guilty of a felony 42 and, upon conviction, must be imprisoned not more than ten years. 43 The court may suspend the imposition or execution of all or part of
1 [80] 119 1 the sentence, and place the offender on probation conditioned upon 2 the offender completing, to the satisfaction of the court, a program 3 designed to treat batterers offered through a government agency, 4 nonprofit organization, or private provider approved by the 5 Department of Social Services. The offender must pay a 6 reasonable fee for participation in the treatment program, but no 7 person may be denied treatment due to inability to pay. If the 8 offender suffers from a substance abuse problem, the judge may 9 order, or the batterer treatment program may refer, the offender to 10 supplemental treatment coordinated through the Department 11 Division of Alcohol and Other Drug Abuse Services in the 12 Department of Behavioral Health Services with the local alcohol 13 and drug treatment authorities pursuant to Section 61-12-20. The 14 offender must pay a reasonable fee for participation in the 15 substance abuse treatment program, but no person may be denied 16 treatment due to inability to pay.” 17 18 SECTION 11. Section 17-24-40(F) of the 1976 Code is amended 19 to read: 20 21 “(F) If a person is committed to the supervision of the 22 Department Division of Mental Health in the Department of 23 Behavioral Health Services pursuant to this section after having 24 been found not guilty by reason of insanity of a violent crime, the 25 person may shall not leave the facility or grounds to which he is 26 committed at any time unless accompanied by an employee of the 27 department who must be responsible for and in the physical 28 presence of the person at all times. For purposes of this section, a 29 violent crime includes those offenses described in Section 16-1-60 30 and the common law offense of assault and battery of a high and 31 aggravated nature.” 32 33 SECTION 12. Section 20-7-670(F) of the 1976 Code is amended 34 to read: 35 36 “(F) The Department of Social Services must investigate an 37 allegation of abuse or neglect of a child where the child is in the 38 custody of or a resident of a residential treatment facility or 39 intermediate care facility for the mentally retarded licensed by the 40 Department of Health and Environmental Control or operated by 41 the Department Division of Mental Health, Department of 42 Behavioral Health Services.” 43
1 [80] 120 1 SECTION 13. Section 20-7-765 of the 1976 Code is amended to 2 read: 3 4 “Section 20-7-765. (A) When the conditions justifying removal 5 pursuant to Section 20-7-736 include the addiction of the parent or 6 abuse by the parent of controlled substances, the court may require 7 as part of the placement plan ordered pursuant to Section 8 20-7-764: 9 (1) The parent successfully must complete a treatment 10 program operated by the Department Division of Alcohol and 11 Other Drug Abuse Services or another treatment program 12 approved by the department before return of the child to the home; 13 (2) Any other adult person living in the home who has been 14 determined by the court to be addicted to or abusing controlled 15 substances or alcohol and whose conduct has contributed to the 16 parent’s addiction or abuse of controlled substances or alcohol 17 successfully must complete a treatment program approved by the 18 department before return of the child to the home; and 19 (3) The parent or other adult, or both, identified in item (2) 20 must submit to random testing for substance abuse and must be 21 alcohol or drug free for a period of time to be determined by the 22 court before return of the child. The parent or other adult 23 identified in item (2) must continue random testing for substance 24 abuse and must be alcohol or drug free for a period of time to be 25 determined by the court after return of the child before the case 26 will be authorized closed. 27 (B) Results of tests ordered pursuant to this section must be 28 submitted to the department and are admissible only in family 29 court proceedings brought by the department.” 30 31 SECTION 14. Section 20-7-2725(A)(4)(c) of the 1976 Code is 32 amended to read: 33 34 “(c) the person has completed successfully an alcohol or drug 35 assessment and treatment program provided by the South Carolina 36 Department Division of Alcohol and Other Drug Abuse Services 37 or an equivalent program designated by that agency. 38 A person who has been convicted of a first-offense violation of 39 Section 56-5-2930 must not drive a motor vehicle or provide 40 transportation while in the official course of his duties as an 41 employee of a childcare center, group childcare home, family 42 childcare home, or church or religious childcare center.” 43
1 [80] 121 1 SECTION 15. Article 23, Chapter 7, Title 20 of the 1976 Code 2 is amended to read: 3 4 “Article 23 5 6 Division of Continuum of Care for Emotionally Disturbed 7 Children 8 9 Section 20-7-5610. It is the purpose of this article to develop and 10 enhance the delivery of services to severely emotionally disturbed 11 children and youth and to ensure that the special needs of this 12 population are met appropriately to the extent possible within this 13 State. To achieve this objective, the Division of Continuum of 14 Care for Emotionally Disturbed Children Division is established in 15 the office of the Governor Department of Behavioral Services. 16 This article supplements and does not supplant existing services 17 provided to this population. 18 19 Section 20-7-5640. (A)(1) The Division of Continuum of Care 20 serves children: 21 (a) who have been diagnosed as severely emotionally 22 disturbed; 23 (b) who have exhausted existing available treatment 24 resources or services; 25 (c) whose severity of emotional, mental, or behavioral 26 disturbance requires a comprehensive and organized system of 27 care. 28 (2) Priority in the selection of clients must be based on 29 criteria to be established by the Division of Continuum of Care. 30 (B) Before a court refers a child to the Division of Continuum 31 of Care, it must be given the opportunity to evaluate the child and 32 make a recommendation to the court regarding: 33 (1) the child’s suitability for placement with the Division of 34 Continuum of Care pursuant to the provisions of this article, 35 related regulations, and policies and procedures of administration 36 and operation; 37 (2) the agencies which offer services most appropriate to 38 meet the child’s needs and the proportionate share of the costs 39 among the agencies to meet those needs; 40 (3) the necessity of obtaining other services for the child if 41 the services provided in item (2) are not available through the 42 existing service delivery system. 43
1 [80] 122 1 Section 20-7-5650. The Division of Continuum of Care shall 2 perform the following duties and functions: 3 (1) identify needs and develop plans to address the needs of 4 severely emotionally disturbed children and youth; 5 (2) coordinate planning, training, and service delivery among 6 public and private organizations which provide services to severely 7 emotionally disturbed children and youth; 8 (3)(a) augment existing resources by providing or procuring 9 services to complete the range of services needed to serve this 10 population in the least restrictive, most appropriate setting. The 11 scope of services includes, but is not limited to: 12 1. in-home treatment programs; 13 2. residential treatment programs; 14 3. education services; 15 4. counseling services; 16 5. outreach services; 17 6. volunteer and community services. 18 (b) provide needed services until they can be procured; 19 (4) provide case management services directly; 20 (5) supervise and administer the development and operation of 21 its activities and services on a statewide regional basis. 22 23 Section 20-7-5655. (A) Records, reports, applications, and files 24 kept on any client or potential client of the Division of Continuum 25 of Care are confidential and only may be disclosed in order to 26 develop or provide appropriate services for the client or potential 27 client unless: 28 (1) the client or potential client or his guardian consents; 29 (2) a court orders the disclosure for conduct of proceedings 30 before it upon a showing that disclosure is in the public interest; 31 (3) disclosure is necessary for research conducted or 32 authorized by the Division of Continuum of Care; or 33 (4) disclosure is necessary to any entity or state agency 34 providing or potentially providing services to the client or potential 35 client. 36 (B) Nothing in this section: 37 (1) precludes disclosure, upon proper inquiry, of information 38 as to a client’s or potential client’s current condition to members of 39 his family; or 40 (2) requires the release of records of which disclosure is 41 prohibited or regulated by federal law. 42 (C) A person who violates this section is guilty of a 43 misdemeanor and, upon conviction, must be fined not more than
1 [80] 123 1 five hundred dollars or imprisoned not more than one year, or 2 both. 3 4 Section 20-7-5660. The Governor Secretary of the Department 5 of Behavioral Health Services may employ a director Division 6 Chief to serve at his pleasure who is subject to removal pursuant to 7 the provisions of Section 1-3-240. The director Division Chief 8 shall employ staff necessary to carry out the provisions of this 9 article. The funds for the director Division Chief, staff, and other 10 purposes of the Division of Continuum of Care Division must be 11 provided in the annual general appropriations act. The division 12 shall promulgate regulations in accordance with this article and the 13 provisions of the Administrative Procedures Act and formulate 14 necessary policies and procedures of administration and operation 15 to carry out effectively the objectives of this article. 16 17 Section 20-7-5670. The Division of Continuum of Care 18 Division shall submit an annual report to the Governor and 19 General Assembly on its activities and recommendations for 20 changes and improvements in the delivery of services by public 21 agencies serving children.” 22 23 SECTION 16. Section 20-7-5710 of the 1976 Code is amended 24 to read: 25 26 “Section 20-7-5710. There is established the Interagency 27 System for Caring for Emotionally Disturbed Children, an 28 integrated system of care to be developed by the Division of 29 Continuum of Care , Department of Behavioral Health Services, 30 for Emotionally Disturbed Children of the Governor’s Office, the 31 Department of Disabilities and Special Needs, the State 32 Department of Health and Human Services Finance Commission 33 Oversight and Finance, the Department Division of Mental Health, 34 Department of Behavioral Health Services, and the Department of 35 Social Services to be implemented by November 1, 1994. The 36 goal of the system is to implement South Carolina’s Families First 37 Policy and to support children in a manner that enables them to 38 function in a community setting. The system shall provide 39 assessment and evaluation procedures to insure a proper service 40 plan and placement for each child. This system must have as a key 41 component the clear identification of the agency accountable for 42 monitoring on a regular basis each child’s care plan and
1 [80] 124 1 procedures to evaluate and certify the programs offered by 2 providers.” 3 4 SECTION 17. Section 20-7-5910(A) of the 1976 Code is 5 amended to read: 6 7 “(A) There is created a multi-disciplinary State Child Fatality 8 Advisory Committee composed of: 9 (1) the Commissioner Director of the South Carolina 10 Department of Social Services; 11 (2) the Commissioner of the South Carolina Department of 12 Health and Environmental Control; 13 (3) the State Superintendent of Education; 14 (4) the Executive Director of the South Carolina Criminal 15 Justice Academy; 16 (5) the Chief of the State Law Enforcement Division; 17 (6) the Commissioner Division Chief of the South Carolina 18 Commission Division on of Alcohol and Other Drug Abuse, 19 Department of Behavioral Health Services; 20 (7) the Commissioner Division Chief of the State 21 Department Division of Mental Health, Department of Behavioral 22 Health Services; 23 (8) the Commissioner Director of the State Department of 24 Mental Retardation Disabilities and Special Needs; 25 (9) the Commissioner Director of the Department of Youth 26 Services Juvenile Justice; 27 (10) an attorney with experience in prosecuting crimes against 28 children; 29 (11) a county coroner or medical examiner; 30 (12) a pediatrician with experience in diagnosing and treating 31 child abuse and neglect, appointed from recommendations 32 submitted by the State Chapter of the American Academy of 33 Pediatrics; 34 (13) a solicitor; 35 (14) a forensic pathologist; and 36 (15) two members of the public at large, one of which must 37 represent a private nonprofit organization that advocates children 38 services.” 39 40 SECTION 18. Section 20-7-8515(D) of the 1976 Code, as last 41 amended by Act 388 of 2000, is further amended to read: 42
1 [80] 125 1 “(D) Law enforcement information or records of children 2 created pursuant to the provisions of this article may be shared 3 among law enforcement agencies, solicitors’ offices, the Attorney 4 General, the department, the Department Division of Mental 5 Health in the Department of Behavioral Health Services, the 6 Department of Corrections, and the Department of Probation, 7 Parole and Pardon Services for criminal justice purposes without a 8 court order.” 9 10 SECTION 19. Section 20-7-9710(F) of the 1976 Code is 11 amended to read: 12 13 “(F) The chief executive officer of each of the following shall 14 serve as an ex officio nonvoting member: 15 (a) Department of Social Services or his designee; 16 (b) Department of Health and Environmental Control or his 17 designee; 18 (c) Department of Health and Human Services Oversight 19 and Finance or his designee; 20 (d) Department Division of Mental Health, the Department 21 of Behavioral Health Services or his designee; 22 (e) Department of Disabilities and Special Needs or his 23 designee; 24 (f) Department Division of Alcohol and Other Drug Abuse 25 Services, the Department of Behavioral Health Services or his 26 designee; 27 (g) Department of Transportation or his designee; 28 (h) Budget and Control Board, Division of Research and 29 Statistics or his designee; and 30 (i)State Board for Technical and Comprehensive Education.” 31 32 SECTION 20. Section 23-3-460 of the 1976 Code, as last 33 amended by Act 310 of 2002, is further amended to read: 34 35 “Section 23-3-460. Any person required to register under this 36 article shall be required to register annually for life. For purposes 37 of this article, ‘annually’ means each year within thirty days after 38 the anniversary date of the offender’s last registration. The 39 offender shall register at the sheriff’s department in the county 40 where he resides. A person determined by a court to be a sexually 41 violent predator pursuant to state law is required to verify 42 registration and be photographed every ninety days by the sheriff’s 43 department in the county in which he resides unless the person is
1 [80] 126 1 committed to the custody of the State, whereby verification shall 2 be held in abeyance until his release. 3 If any person required to register under this article changes his 4 address within the same county, that person must send written 5 notice of the change of address to the county sheriff within ten 6 days of establishing the new residence. 7 If any person required to register under this article changes his 8 address into another county in South Carolina, the person must 9 register with the county sheriff in the new county within ten days 10 of establishing the new residence. The person must also provide 11 written notice within ten days of the change of address in the 12 previous county to the county sheriff with whom the person last 13 registered. 14 Any person required to register under this article and who is 15 employed by, enrolled at, or carries on a vocation at an institution 16 of higher education must provide written notice within ten days of 17 each change in enrollment, employment, or vocation status at an 18 institution of higher education in this State. For purposes of this 19 section: ‘employed and carries on a vocation’ means employment 20 that is full-time or part-time for a period of time exceeding 21 fourteen days or for an aggregate period of time exceeding thirty 22 days during any calendar year, whether financially compensated, 23 volunteered, or for the purpose of government or educational 24 benefit; and ‘student’ means a person who is enrolled on a 25 full-time or part-time basis, in any public or private educational 26 institution, including any secondary school, trade, professional 27 institution, or institution of higher education. 28 If any person required to register under this article moves 29 outside of South Carolina, the person must provide written notice 30 within ten days of the change of address to a new state to the 31 county sheriff with whom the person last registered. 32 Any person required to register under this article who moves to 33 South Carolina from another state and is not under the jurisdiction 34 of the Department of Corrections, the Department of Probation, 35 Parole and Pardon Services, or the Department of Juvenile Justice 36 at the time of moving to South Carolina must register within ten 37 days of establishing residence in this State. 38 The sheriff of the county in which the person resides must 39 forward all changes to any information provided by a person 40 required to register under this article to SLED within five business 41 days. 42 The South Carolina Department of Public Safety, Division of 43 Motor Vehicles, shall inform, in writing, any new resident who
1 [80] 127 1 applies for a driver’s license, chauffeur’s license, vehicle tag, or 2 state identification card of the obligation of sex offenders to 3 register. The department also shall inform, in writing, a person 4 renewing a driver’s license, chauffeur’s license, vehicle tag, or 5 state identification card of the requirement for sex offenders to 6 register.” 7 8 SECTION 21. Section 24-1-280 of the 1976 Code is amended to 9 read: 10 11 “Section 24-1-280. An employee of the South Carolina 12 Department of Corrections, the South Carolina Department of 13 Juvenile Justice, or the Department Division of Mental Health, 14 Department of Behavioral Health Services, whose assigned work 15 location is one of the correctional facilities of the Department of 16 Corrections or the Department of Juvenile Justice, while 17 performing his officially assigned duty relating to the custody, 18 control, transportation, or recapture of an inmate within the 19 jurisdiction of his department, or an inmate of any jail, 20 penitentiary, prison, public work, chain gang, or overnight lockup 21 of the State or any political subdivision of it not within the 22 jurisdiction of his department, has the status of a peace officer 23 anywhere in the State in any matter relating to the custody, control, 24 transportation, or recapture of the inmate.” 25 26 SECTION 22. Section 24-3-110 of the 1976 Code is amended to 27 read: 28 29 “Section 24-3-110. The State Department of Corrections may 30 purchase the machinery and establish a plant for the purpose of 31 manufacturing motor vehicle license plates and metal road signs. 32 The charge for license plates and metal road signs sold to the 33 Department of Public Safety Motor Vehicles and the Department 34 of Transportation shall be in line with the prices previously paid 35 private manufacturers and all state motor vehicle license plates, 36 metal road signs, and other signs capable of being manufactured 37 by such a plant shall be purchased through the Department of 38 Corrections and manufactured by it. The Department of Public 39 Safety Motor Vehicles may prescribe the specifications of plates 40 and the Department of Transportation may prescribe the 41 specifications of signs used, the specifications to include colors, 42 quality, and quantity.” 43
1 [80] 128 1 SECTION 23. Article 19, Chapter 13, Title 24 of the 1976 Code 2 is amended to read: 3 4 “Article 19 5 6 The Center for Alcohol and Drug Rehabilitation 7 8 Section 24-13-1910. There is established one or more centers 9 for alcohol and drug rehabilitation under the jurisdiction of the 10 Department of Corrections to treat and rehabilitate alcohol and 11 drug offenders. The Department Division of Alcohol and Other 12 Drug Abuse Services in the Department of Behavioral Health 13 Services has primary responsibility for the addictions treatment of 14 the offenders, and the Department of Corrections has primary 15 responsibility for the maintenance and security of the offenders. 16 The Department of Corrections may construct one or more centers 17 upon the necessary appropriation of funds by the General 18 Assembly. The centers established or constructed as authorized by 19 this section shall provide at least seven hundred fifty beds. The 20 centers established under this section must be fully operational by 21 January 1, 1997. 22 23 Section 24-13-1920. The Department Division of Alcohol and 24 Other Drug Abuse Services shall establish a program to provide 25 alcohol and drug abuse intervention, prevention, and treatment 26 services for offenders sentenced to a center for alcohol and drug 27 rehabilitation established pursuant to Section 24-13-1910. The 28 Department Division of Alcohol and Other Drug Abuse Services 29 shall provide staff and support necessary to administer the 30 program. Funds for this program must be appropriated annually 31 by the General Assembly. 32 33 Section 24-13-1930. A judge may suspend a sentence for a 34 defendant convicted of a drug or alcohol offense for which 35 imprisonment of more than ninety days may be imposed or as a 36 revocation of probation and may place the offender in a center for 37 alcohol and drug rehabilitation. The Department of Corrections, 38 on the first day of each month, shall present to the general sessions 39 court a report detailing the availability of bed space in the center 40 for alcohol and drug rehabilitation. 41 42 Section 24-13-1940. For the Department of Corrections to 43 establish and maintain a center for alcohol and drug rehabilitation,
1 [80] 129 1 its director shall coordinate with the Department Division of 2 Alcohol and Other Drug Abuse Services to: 3 (1) develop policies and procedures for the operation of the 4 center for alcohol and drug rehabilitation; 5 (2) fund other management options advantageous to the State 6 including, but not limited to, contracting with public or nonpublic 7 entities for the management of a center for alcohol and drug 8 rehabilitation; 9 (3) lease buildings; 10 (4) develop standards for alcohol and drug abuse counseling 11 for offenders sentenced to a center for alcohol and drug 12 rehabilitation; 13 (5) develop standards for disciplinary rules to be imposed on 14 residents of a center for alcohol and drug rehabilitation. 15 16 Section 24-13-1950. Upon release from a center for alcohol and 17 drug rehabilitation, the offender must be placed on probation for a 18 term as ordered by the court. Failure to comply with program 19 requirements may result in a request to the court to revoke the 20 suspended sentence. No person is ineligible for this program by 21 reason of gender.” 22 23 SECTION 24. Section 24-13-2140 of the 1976 Code is amended 24 to read: 25 26 “Section 24-13-2140. The Department of Corrections shall 27 coordinate the efforts of the affected state agencies through the 28 Program Services Administration. The Department of Corrections 29 shall: 30 (1) develop such policies and standards as may be necessary 31 for the provision of assessment, training, and referral services; 32 (2) obtain information from appropriate agencies and 33 organizations affiliated with the services to determine actions that 34 should be undertaken to create or modify these services; 35 (3) disseminate information about the services throughout the 36 State; 37 (4) provide information and assistance to other agencies, as 38 may be appropriate or necessary, to carry out the provisions of this 39 chapter; 40 (5) provide inmates of the Department of Corrections 41 information concerning post-release job training and employment 42 referral services and information concerning services that may be 43 available from the Department Division of Alcohol and Other
1 [80] 130 1 Drug Abuse Services, and the Department Division of Mental 2 Health, both in the Department of Behavioral Health Services, and 3 the Office of Veterans Affairs; 4 (6) prepare an annual report that will be submitted to the 5 directors of each agency that is a party to a memorandum of 6 understanding as provided for in Section 24-13-2120; 7 (7) negotiate with Alston Wilkes Society and private sector 8 entities concerning the delivery of assistance or services to inmates 9 who are transitioning from incarceration to reentering their 10 communities.” 11 12 SECTION 25. Section 24-23-40 of the 1976 Code is amended to 13 read: 14 15 “Section 24-23-40. The community corrections plan shall 16 provide for the department’s: 17 (1) development, implementation, monitoring, and evaluation 18 of statewide policies, procedures, and agreements with state 19 agencies, such as the Department of Vocational Rehabilitation,; 20 and the Department Division of Mental Health, and the 21 Department Division of Alcohol and Other Drug Abuse Services, 22 both in the Department of Behavioral Health Services, for 23 purposes of coordination and referral of probationers, parolees, and 24 community supervision releasees for rehabilitation services; 25 (2) development of specific guidelines for the vigorous 26 monitoring of restitution orders and fines to increase the efficiency 27 of collection and development of a systematic reporting system so 28 as to notify the judiciary of restitution and fine payment failures on 29 a regular basis; 30 (3) development of a program development and evaluation 31 capability so that the department can monitor and evaluate the 32 effectiveness of the above programs as well as to conduct research 33 and special studies on such issues as probation, parole, and 34 community supervision outcomes, revocations, and recidivism; 35 (4) development of adequate training and staff development for 36 its employees.” 37 38 SECTION 26. Section 40-47-140(D) of the 1976 Code is 39 amended to read: 40 41 “(D) For the SPEX (Special Purpose) and COMVEX 42 examinations, the following standards apply:
1 [80] 131 1 An applicant for permanent licensure who has not passed 2 national boards, FLEX, SPEX, COMVEX, or been certified, 3 recertified, or awarded a certificate of added qualifications by a 4 specialty board recognized by the American Board of Medical 5 Specialties or the American Osteopathic Association within ten 6 years of the date of filing the application with this board shall pass 7 the SPEX or COMVEX exam. A passing score on the SPEX 8 examination is seventy-five or better. A passing score on the 9 COMVEX examination must be established by the testing agency. 10 This requirement is in addition to all other requirements for 11 licensure. The SPEX or COMVEX examination requirement does 12 not apply to a physician employed full time by the South Carolina 13 Department of Corrections, South Carolina Department of Health 14 and Environmental Control, State Department Division of Mental 15 Health, Department of Behavioral Health Services, and 16 Department of Disabilities and Special Needs acting within the 17 scope of his employment. A license issued to this physician is 18 revoked immediately if he leaves the full-time employment or acts 19 outside his scope of employment. However, the SPEX or 20 COMVEX examination requirement applies to a physician 21 providing services under a contract for the State and a physician 22 providing services for which there is an expectation of payment, is 23 payment for services, or should have been payment from a source 24 other than the salary the physician receives from the State.” 25 26 SECTION 27. Section 40-55-90(A)(10) of the 1976 Code is 27 amended to read: 28 29 “(10) a South Carolina Department Division of Alcohol and 30 Other Drug Abuse Services employee who: 31 (a) holds a certification credential from the South Carolina 32 Association of Alcohol and Drug Abuse Counselors or is a 33 counselor in the process of obtaining such a credential who is 34 currently under the supervision of a South Carolina Association of 35 Alcohol and Drug Abuse Counselors’ certified counselor; 36 (b) is employed in a position that is directly or indirectly 37 funded through the South Carolina Department Division of 38 Alcohol and Other Drug Abuse Services or its local contract 39 providers; and 40 (c) provides services of a psychological nature within the 41 scope of his or her employment but does not in any way describe 42 himself or herself or his or her services by any title or description
1 [80] 132 1 which states or implies that he or she holds a license as otherwise 2 required by this chapter;” 3 4 SECTION 28. Section 40-75-290 of the 1976 Code is amended 5 to read: 6 7 “Section 40-75-290. This article does not apply to: 8 (1) salaried employees performing duties for which they were 9 trained and hired solely within a federal, state, county, or local: 10 (a) governmental agency; 11 (b) licensed mental health or alcohol or drug abuse facility; 12 (c) accredited academic institutions; 13 (d) licensed, formally accredited nonprofit agencies; or 14 (e) research institutions. 15 (2) persons pursuing a course of study in a regionally 16 accredited educational or training facility as a formal part of a 17 process to obtain a license associated with this article, if the 18 services constitute a part of a supervised course of study; 19 (3) nonresidents, appropriately licensed or credentialed in their 20 home state, who offer services within this State, if these services 21 are performed for no more than five days a month, and no more 22 than thirty days in any calendar year; 23 (4) volunteers accountable to a sponsoring agency; 24 (5) qualified members of other professionals licensed in this 25 State including, but not limited to, attorneys, physicians, 26 psychologists, registered nurses, or social workers performing 27 duties consistent with the laws of this State, their training, and any 28 code of ethics of their profession if they do not represent 29 themselves as being licensed pursuant to this article; 30 (6) a minister, priest, rabbi, or clergy person of any religious 31 denomination or sect, when the activities are within the scope of 32 performance of his or her regular or specialized ministerial duties, 33 and no fee is received by him or her; or when these activities are 34 performed, with or without compensation, by a person under the 35 auspices or sponsorship of an established church, denomination, or 36 sect and when the person rendering services remains accountable 37 to the established authority and does not hold himself or herself 38 out to the public as possessing a license issued pursuant to this 39 article; 40 (7) members of peer groups or self-help groups when engaging 41 in or offering self-help assistance as part of peer support groups or 42 self-help organizations including, but not limited to, Alcoholics 43 Anonymous (AA) or Narcotics Anonymous (NA), AA or NA
1 [80] 133 1 sponsorship, or other uncompensated alcohol or other drug abuse 2 or dependent services; 3 (8) a person who holds a certification as an addictions 4 counselor from the South Carolina Association of Alcoholism and 5 Drug Abuse Counselor Certification Commission, the National 6 Association of Alcoholism and Drug Abuse Counselor 7 Certification Commission, or an International Certification 8 Reciprocity Consortium approved certification board may perform 9 alcohol and drug abuse counseling services if that person works 10 under the direct supervision of a behavioral health professional 11 who is employed in a position that is directly or indirectly funded 12 through the South Carolina Department Division of Alcohol and 13 Other Drug Abuse Services or its local contract provider programs; 14 and 15 (9) a person who holds a certification as an addictions 16 counselor from the South Carolina Association of Alcoholism and 17 Drug Abuse Counselor Certification Commission, the National 18 Association of Alcoholism and Drug Abuse Counselor 19 Certification, an International Certification Reciprocity 20 Commission approved certification board, the American Academy 21 of Health Care Providers in the Addictive Disorders, the National 22 Board for Certified Counselors, Inc., or any other equivalent, 23 nationally recognized, and South Carolina Department Division of 24 Alcohol and Other Drug Abuse Services approved association or 25 accrediting body that includes similar competency-based testing, 26 supervision, education, and substantial experience may perform 27 alcohol and drug abuse counseling services in a methadone 28 treatment facility. Persons employed in a methadone treatment 29 facility who lack credentialing may work under the supervision of 30 a credentialed counselor if the person is also enrolled in, and 31 progressing toward, a certification, as referenced in this item, and 32 may not represent or advertise himself as a licensed professional 33 counselor or a licensed marriage and family therapist.” 34 35 SECTION 29. Section 40-75-300 of the 1976 Code is amended 36 to read: 37 38 “Section 40-75-300. The board shall establish licensure for 39 alcohol and drug counselors consistent with regulations 40 promulgated by the department and the South Carolina Department 41 Division of Alcohol and Other Drug Abuse Services.” 42
1 [80] 134 1 SECTION 30. Section 42-1-480 of the 1976 Code is amended to 2 read: 3 4 “Section 42-1-480. Any inmate of the State Department of 5 Corrections, as defined in this section, in the performance of his 6 work in connection with the maintenance of the institution, any 7 Department vocational training program, or with any industry 8 maintained therein, or with any highway or public works activity 9 outside the institution, who suffers an injury for which 10 compensation is specifically prescribed in this Title, may, upon 11 being released from such institution either upon parole or upon 12 final discharge, be awarded and paid compensation under the 13 provisions of this Title. If death results from such injury, death 14 benefits shall be awarded and paid to the dependents of the inmate. 15 The time limit for filing a claim under this section shall be one 16 year from the date of death of the inmate or the date of his release 17 either by parole or final discharge, and no inmate shall be eligible 18 for benefits unless his injury is reported prior to his release from 19 custody of the Department. If any person who has been awarded 20 compensation under the provisions of this section shall be 21 recommitted to an institution covered by this section, such 22 compensation shall immediately cease, but may be resumed upon 23 subsequent parole or discharge. 24 For purposes of this section, the term ‘inmate’ includes any 25 person sentenced to the South Carolina Department of Corrections 26 and who is then in the jurisdiction of the Department, or any 27 person sentenced to the county public works who has been 28 transferred to the Department of Corrections for confinement. An 29 inmate who has been sentenced to the Department of Corrections 30 and who is temporarily transferred to the county public works, or 31 to any other South Carolina law-enforcement authority, or to 32 out-of-state authorities, is not considered to be in the ‘jurisdiction’ 33 of the South Carolina Department of Corrections for purposes of 34 this section. 35 This section shall not apply to patients of the South Carolina 36 Department Division of Mental Health in the Department of 37 Behavioral Health Services or those persons who are confined 38 within the jurisdiction of the county prisons, county jails, city jails 39 or overnight lockups or to any inmate injured in a fight, riot, 40 recreational activity or other incidents not directly related to his 41 work assignment.” 42
1 [80] 135 1 SECTION 31. Section 43-5-1185 of the 1976 Code is amended 2 to read: 3 4 “Section 43-5-1185. As a condition of eligibility for Family 5 Independence benefits, each adult recipient determined to be in 6 need of family skills by his Family Independence case manager, 7 and minor mother recipient must participate in a family skills 8 training program which must include, but is not limited to, 9 parenting skills, financial planning, and health information. 10 Whenever possible and practical, the department shall coordinate 11 with comparable staff of other state and local agencies in providing 12 these services. 13 This program must include an alcohol and other drug assessment 14 when it is determined by the department that an assessment is 15 appropriate. The department shall coordinate with the Department 16 Division of Alcohol and Other Drug Abuse Services in the 17 Department of Behavioral Health Services to provide the proper 18 assessment of the recipient and training of the department 19 personnel who are to conduct the assessment. If the recipient is 20 determined to be in need of alcohol and other drug abuse 21 treatment, the department shall coordinate the services with the 22 Department Division of Alcohol and Other Drug Abuse Services 23 and shall include the individually determined terms and conditions 24 of the treatment in the recipient’s agreement with the department. 25 This program must include a family planning assessment if it is 26 determined by the department that an assessment is appropriate. 27 The department shall coordinate with the Department of Health 28 and Environmental Control to provide the AFDC family with 29 education, evaluation, and counseling, consistent with Medicaid 30 regulations. State funds appropriated for family planning must not 31 be used to pay for an abortion.” 32 33 SECTION 32. Section 43-5-1190 of the 1976 Code is amended 34 to read: 35 36 “Section 43-5-1190. A Family Independence recipient who, 37 while receiving FI benefits, has been identified as requiring 38 alcohol and other drug abuse treatment service or who has been 39 convicted of an alcohol related offense or a controlled substance 40 violation or gives birth to a child with evidence of the effects of 41 maternal substance abuse and the child subsequently is shown to 42 have a confirmed positive test performed on a suitable specimen 43 within twenty-four hours of birth, is ineligible for FI assistance
1 [80] 136 1 unless the recipient submits to random drug tests and/or 2 participates in an alcohol or drug treatment program approved by 3 the Department Division of Alcohol and Other Drug Abuse 4 Services in the Department of Behavioral Health Services. Upon 5 completion of the program, if a subsequent random test or 6 subsequent conviction for a controlled substance violation occurs, 7 the recipient is ineligible for FI benefits. Benefits may be 8 reinstated at a later time upon reapplication, if the recipient first 9 undergoes a conciliation assessment, including review and/or 10 modification of the prescribed individual treatment program and 11 agreement, and then agrees to comply with its terms and 12 demonstrates compliance for a period of not less than sixty days. 13 Testing of a child’s specimen pursuant to this section must be 14 conducted by a medical laboratory certified by the College of 15 American Pathologists or the National Institute of Drug Abuse for 16 Forensic Urine Drug Testing.” 17 18 SECTION 33. Section 43-21-120 of the 1976 Code is amended 19 to read: 20 21 “Section 43-21-120. There is created the Coordinating Council 22 to the Division on Aging to work with the division on the 23 coordination of programs related to the field of aging, and to 24 advise and make pertinent recommendations, composed of the 25 following: the Director of the Department of Health and 26 Environmental Control, the State Director of Social Services, the 27 Director of the Department Division Chief of the Division of 28 Mental Health, Department of Behavioral Health Services, the 29 Superintendent of Education, the Director of the State Department 30 of Labor, Licensing, and Regulation, the Executive Director of the 31 South Carolina State Employment Security Commission, the 32 Secretary of Commerce, the Commissioner of the State 33 Department of Vocational Rehabilitation, the Director of the 34 Clemson University Extension Service, the Director of the South 35 Carolina Department of Parks, Recreation and Tourism, the 36 Director of the South Carolina Retirement System, the Executive 37 Director of the South Carolina Municipal Association, the 38 Executive Director of the State Office of Economic Opportunity, 39 the Executive Director of the South Carolina Association of 40 Counties, the Commissioner of the Commission for the Blind, the 41 Director of the Department of Health and Human Services 42 Oversight and Finance, the Director of the Department Division 43 Chief of the Division of Alcohol and Other Drug Abuse Services,
1 [80] 137 1 Department of Behavioral Health Services, and the Chairperson of 2 the Commission on Women. 3 The council shall meet at least once each six months and special 4 meetings may be called at the discretion of the chairman or upon 5 request of a majority of the members. 6 The chairman of the advisory commission and the director of the 7 Division on Aging, who shall serve as secretary to the council, 8 shall attend the meetings of the council. 9 The director of each agency or department making up the 10 council shall serve as chairman of the council for a term of one 11 year. The office of chairman is held in the order in which the 12 membership of the council is listed in this section.” 13 14 SECTION 34. A.Section 43-35-10(4) of the 1976 Code is 15 amended to read: 16 17 “(4) ‘Facility’ means a nursing care facility, community 18 residential care facility, a psychiatric hospital, or a facility 19 operated or contracted for operation by the State Department 20 Division of Mental Health, Department of Behavioral Health 21 Services or the South Carolina Department of Mental Retardation 22 Disabilities and Special Needs.” 23 24 B. Section 43-35-310(A) of the 1976 Code is amended to read: 25 26 “(A) There is created the Adult Protection Coordinating Council 27 under the auspices of the State Department of Health and Human 28 Services Finance Commission Oversight and Finance and is 29 comprised of: 30 (1) one member from the institutional care service provision 31 system or a family member of a consumer of that system and one 32 member from the home and community-based service provision 33 system or a family member of a consumer of that system, both of 34 whom must be appointed by the Governor for terms of two years; 35 and 36 (2) these members who shall serve ex officio: 37 (a) Attorney General or a designee; 38 (b) Board of Long Term Health Care Administrators, 39 Executive Director, or a designee; 40 (c) State Board of Nursing for South Carolina, Executive 41 Director, or a designee; 42 (d) Commission on Aging, Executive Director, or a 43 designee;
1 [80] 138 1 (e) Criminal Justice Academy, Executive Director, or a 2 designee; 3 (f) South Carolina Department of Health and 4 Environmental Control, Commissioner, or a designee; 5 (g) State Department Division of Mental Health, 6 Department of Behavioral Health Services, Commissioner 7 Division Chief, or a designee; 8 (h) South Carolina Department of Mental Retardation 9 Disabilities and Special Needs, Commissioner Director, or a 10 designee; 11 (i) Adult Protective Services Program, Director, or a 12 designee; 13 (j) Health and Human Services Finance Commission 14 Oversight and Finance, Executive Director, or a designee; 15 (k) Joint Legislative Committee on Aging, Chair, or a 16 designee; 17 (l) Police Chiefs’ Association, President, or a designee; 18 (m) Prosecution Coordination Commission, Executive 19 Director, or a designee; 20 (n) South Carolina Protection and Advocacy System for 21 the Handicapped, Inc., Executive Director, or a designee; 22 (o) South Carolina Sheriff’s Association, Executive 23 Director, or a designee; 24 (p) South Carolina Law Enforcement Division, Chief, or a 25 designee; 26 (q) Long Term Care Ombudsman or a designee; 27 (r) South Carolina Medical Association, Executive 28 Director, or a designee; 29 (s) South Carolina Health Care Association, Executive 30 Director, or a designee; 31 (t) South Carolina Home Care Association, Executive 32 Director, or a designee.” 33 34 SECTION 35. Section 44-7-210(F) of the 1976 Code is amended 35 to read: 36 37 “(F) The department may not issue a Certificate of Need 38 approval for a methadone treatment facility until licensure 39 standards are promulgated by the department, in accordance with 40 the Administrative Procedures Act, for these facilities. The 41 department shall convene a study group to revise and propose 42 licensure standards for methadone clinics. The study group shall 43 consist of representatives of the department, the Department
1 [80] 139 1 Division of Alcohol and Other Drug Abuse Services, methadone 2 providers in South Carolina, and the Medical University of South 3 Carolina. The licensure standards shall include standards for 4 location of these facilities within the community. Methadone 5 treatment facilities licensed as of January 1, 1997, must not be 6 required to obtain a Certificate of Need pursuant to this section.” 7 8 SECTION 36. Article 21, Chapter 7, Title 44 of the 1976 Code 9 is amended to read: 10 11 “Article 21 12 13 Infants and Toddlers with Disabilities 14 15 Section 44-7-2510. This article may be cited as the ‘Infants and 16 Toddlers with Disabilities Act’. 17 18 Section 44-7-2515. The purpose of this article is to provide early 19 intervention services to infants and toddlers with disabilities in 20 accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code 21 Annotated, contingent upon appropriation of federal funds for 22 Subchapter VIII. 23 24 Section 44-7-2520. As used in this article unless the context 25 otherwise requires: 26 (1) ‘Department Division of Babynet Services’ or ‘Division’ 27 means the Division of Babynet Services in the Department of 28 Disabilities and Special Needs and the Department of Disabilities 29 and Special Needs is the agency designated as lead agency by the 30 Governor by Executive Order pursuant to Subchapter VIII, 31 Chapter 33, Title 20, U. S. Code Annotated. 32 (2) ‘Infants and toddlers with disabilities’ means children from 33 birth through two years of age in need of early intervention 34 services due to measurable delays in cognitive development, 35 physical development, communication, psychosocial development, 36 or self-help skills, or due to a diagnosed physical or mental 37 condition that has a high probability of resulting in developmental 38 delay. 39 (3) ‘Early intervention services’ are services designed to meet 40 the developmental needs of infants and toddlers with disabilities, 41 provided in conformity with an individualized family service plan 42 under public supervision by qualified personnel. They include, but 43 are not limited to, family training, counseling and home visits,
1 [80] 140 1 special instruction, speech pathology and audiology, occupational 2 therapy, physical therapy, psychological services, service 3 coordination, medical services only for diagnostic or evaluation 4 purposes, early identification, screening and assessment services, 5 health services necessary to enable the infant or toddler to benefit 6 from the other early intervention services, and transportation 7 services. 8 (4) ‘Council’ means the State Interagency Coordinating 9 Council which must be established in conformance with federal 10 regulations. 11 12 Section 44-7-2530. (A) The department The Division of Babynet 13 Services must: 14 (1) monitor programs and activities to ensure compliance 15 with federal law and regulations; 16 (2) identify, facilitate, and coordinate all available resources 17 within the State from federal, state, local, and private sources; 18 (3) develop procedures to ensure that services are provided 19 to infants and toddlers with disabilities and their families in a 20 timely manner pending the resolution of disputes among public 21 agencies or service providers; 22 (4) develop procedures to ensure resolution of intraagency 23 and interagency disputes; 24 (5) develop formal interagency agreements that, consistent 25 with state law, define the financial responsibility of each agency 26 for paying for early intervention services and procedures for 27 resolving disputes. 28 (B) To ensure that all eligible infants and toddlers receive 29 services, pending resolution of any dispute the department division 30 shall assign financial responsibility among agencies providing 31 early intervention services. 32 (C) All publicly funded agencies shall continue to provide all 33 services within their respective statutory responsibility to eligible 34 infants and toddlers with disabilities. 35 36 Section 44-7-2540. (A) The State Interagency Coordinating 37 Council shall advise and assist the department the Division of 38 Babynet Services in developing a comprehensive interagency 39 system to provide early intervention services for all eligible infants 40 and toddlers with disabilities and their families. 41 (B) The comprehensive interagency system must implement: 42 (1) a timely, comprehensive, multidisciplinary assessment of 43 the functioning of each infant and toddler with disabilities in the
1 [80] 141 1 State, including the needs of their families relating to enhancing 2 the child’s development; 3 (2) a written individualized family service plan for each 4 eligible infant or toddler with a disability; 5 (3) a comprehensive method of identifying infants and 6 toddlers with disabilities; 7 (4) a public awareness program focusing on early 8 identification of infants and toddlers with disabilities; 9 (5) access to a central directory which includes early 10 intervention services, resources, and experts available in the State; 11 (6) a comprehensive system of personnel development for 12 those who serve eligible infants and toddlers with disabilities; 13 (7) formal interagency agreements which: 14 (a) define the responsibility of each agency for providing 15 and paying for early intervention services; 16 (b) coordinate programs so as to permit children and their 17 families to move easily among agencies in the system; 18 (c) adopt uniform program, health, and safety standards; 19 (d) contain procedures for resolving disputes; 20 (8) procedural safeguards as required by federal and state 21 law; 22 (9) a method for compiling data on the number of infants 23 and toddlers with disabilities in the State in need of early 24 intervention services, the number served, the types of disabilities, 25 the types of services provided, and other information required by 26 the federal government or needed to deliver services effectively. 27 (C) Early intervention services must be available through the 28 comprehensive interagency system and provided by appropriate 29 state agencies in accordance with time requirements of Subchapter 30 VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the 31 individual family service plan for each eligible infant or toddler. 32 33 Section 44-7-2550. The department Division of Babynet 34 Services shall promulgate regulations necessary to carry out the 35 purposes of this article. Through regulation or interagency 36 agreement, when appropriate, the department division may 37 develop standards addressing the coordination and provision of 38 early intervention services, including personnel qualifications and 39 health, safety, and program standards for the facilities where the 40 services are offered. 41 42 Section 44-7-2560. (A) Based on the assessment provided for in 43 Section 44-7-2540 an individualized family service plan must be
1 [80] 142 1 developed by a multidisciplinary team of appropriate qualified 2 personnel which also must include the parent, guardian, or other 3 adult responsible for the child. The family also may choose an 4 advocate to be present during the development of the plan. The 5 plan must be written and explained in easily understandable 6 language and must contain: 7 (1) a statement of the present levels of physical, cognitive, 8 psychosocial, communication, and self-help skill development for 9 the infant or toddler with disabilities; 10 (2) a statement of the health status and medical needs of the 11 child and family to support the highest possible development of the 12 child, including the names of the health care providers; 13 (3) with concurrence of the family, a statement of the 14 family’s resources relating to enhancing the child’s development; 15 (4) a statement of the major outcomes expected to be 16 achieved for the child and the family and the methods used to 17 measure progress toward the outcomes; 18 (5) a statement of specific early intervention services 19 necessary to meet the needs of the child and family, including the 20 frequency, intensity, and method of delivering services and 21 payment arrangement, if any; 22 (6) the projected dates for initiation of services and the 23 anticipated duration of services; 24 (7) the name of the service coordinator. The service 25 coordinator is responsible for the implementation of the plan and 26 coordination with other agencies and persons; 27 (8) the steps necessary to support transition of the child to 28 other programs, if appropriate. 29 (B) The individualized family service plan must be developed 30 within the time established by the department Division of Babynet 31 Services after the child initially is referred and after the assessment 32 is completed. With the parent’s consent early intervention services 33 may begin before completion of the assessment or plan, provided 34 an interim plan is developed. The plan serves as the 35 comprehensive plan for all agencies involved in providing early 36 intervention services to the child and family. Services must be 37 provided in a timely manner, as established by the department 38 division, pending resolution of disputes among public agencies or 39 service providers. The plan must be evaluated at least once a year 40 and reviewed with the family at three-month intervals or more 41 frequently, if appropriate. 42
1 [80] 143 1 Section 44-7-2570. (A) Families must not be charged for early 2 intervention services provided pursuant to this article. 3 (B) Nothing in this section relieves public or private insurance 4 programs, or other persons or agencies required by law to provide 5 or pay for early intervention services, from their financial or legal 6 responsibilities. 7 (C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. 8 Code Annotated, all financial resources from federal, state, local, 9 and private sources must be coordinated to fund early intervention 10 services. A joint funding plan must be submitted by the 11 department Division of Babynet to the Joint Legislative Committee 12 on Children Director of the Department of Disabilities and Special 13 Needs on or before August first of each year. The individual 14 components of the plan as they relate to individual agencies must 15 be incorporated annually into each affected agency’s budget 16 request. 17 18 Section 44-7-2590. All information and reports related to 19 children and families obtained pursuant to this article are 20 confidential as provided in Subchapter VIII, Chapter 33, Title 20, 21 U.S. Code Annotated. A person who disseminates or permits the 22 unauthorized dissemination of the information or reports is guilty 23 of a misdemeanor and, upon conviction, must be fined not more 24 than one hundred dollars or imprisoned not more than thirty days, 25 or both. 26 27 Section 44-7-2600. By August first of each year the department 28 Division of Babynet shall submit an annual report to the Joint 29 Legislative Committee on Children Director of the Department of 30 Disabilities and Special Needs regarding the status of the 31 comprehensive interagency system, including new and existing 32 resources and gaps in services. 33 34 Section 44-7-2610. (A) County or multicounty local 35 interagency coordinating councils (ICC) representing each county 36 in the State must be established. Membership on each council 37 must consist of parents, providers, local agencies, and government 38 agencies. 39 (B) The function of the local ICC will be to advise and assist 40 the state council and the department Division of Babynet Services 41 in planning and implementing a system of early intervention 42 services at the local community level.
1 [80] 144 1 (C) Each local ICC shall report to the state council on the status 2 of early intervention services in its county. 3 (D) With prior approval by the department division and the 4 state council, local ICC’s may enter into local interagency 5 agreements. Local ICC’s may give advice and assistance to local 6 early intervention projects. No member of a local ICC may vote 7 on a matter which directly would benefit the member financially or 8 otherwise appear to be a conflict of interest under state law.” 9 10 SECTION 37. Chapter 9, Title 44 of the 1976 Code is amended 11 to read: 12 13 “CHAPTER 9 14 15 State Department Division Of Mental Health 16 17 Section 44-9-10. There is hereby created the State Department 18 Division of Mental Health in the Department of Behavioral Health 19 Services which shall have jurisdiction over all of the State’s mental 20 hospitals, clinics and centers, joint State and community sponsored 21 mental health clinics and centers and facilities for the treatment 22 and care of alcohol and drug addicts, including the authority to 23 name each facility. 24 25 Section 44-9-20. All the powers and duties vested in the South 26 Carolina Mental Health Commission immediately prior to March 27 26, 1964 are hereby transferred to and vested in the Department 28 Division of Mental Health. All records, files and other papers 29 belonging to the South Carolina Mental Health Commission shall 30 be continued as part of the records and files of the Department 31 Division of Mental Health. 32 33 Section 44-9-30. (A)(1) There is created the governing advisory 34 board for the State Department Division of Mental Health known 35 as the South Carolina Mental Health Commission Advisory Board. 36 The commission advisory board consists of seven members 37 appointed by the Governor, upon the advice and consent of the 38 Senate, as follows: 39 (a) one member from each of the six congressional 40 districts; 41 (b) one member from the State at large. 42 (2) The Governor shall consider consumer and family 43 representation when appointing members.
1 [80] 145 1 (B) The members serve for terms of five years and until their 2 successors are appointed and qualify. The terms of no more than 3 two members may expire in one year. The Governor may remove 4 a member pursuant to the provisions of Section 1-3-240(B). A 5 vacancy must be filled by the Governor for the unexpired portion 6 of the term. 7 (C) The commission shall determine advisory board shall 8 advise the Division regarding policies and promulgate regulations 9 governing the operation of the Department Division and the 10 employment of professional and staff personnel. 11 (D) The members shall receive the same subsistence, mileage, 12 and per diem provided by law for members of state boards, 13 committees, and commissions. 14 15 Section 44-9-40. The Mental Health Commission Secretary of 16 the Department of Behavioral Health Services, shall appoint and 17 remove a State Director of Mental Health Division Chief, who is 18 the chief executive of the State Department Division of Mental 19 Health. Subject to the supervision and control of the Mental 20 Health Commission Secretary of the Department of Behavioral 21 Health Services, the state director Division Chief shall administer 22 the policies and regulations established by the commission of the 23 division. The director Division Chief must be a person of proven 24 executive and administrative ability with appropriate education 25 and substantial experience in the field of mental illness treatment. 26 The director Division Chief must appoint and remove all other 27 officers and employees of the Department Division of Mental 28 Health, subject to the approval of the Mental Health Commission 29 Secretary. 30 31 Section 44-9-50. The Department Division of Mental Health 32 may be divided into such divisions as may be authorized by the 33 Director of Mental Health and approved by the commission 34 subdivision areas. These divisions subdivision areas may be 35 headed by deputy commissioners directors, as determined by the 36 Division Chief and approved by the Secretary of the Department of 37 Behavioral Health Services, but any deputy commissioner director 38 heading a medical division must be a medical doctor duly licensed 39 in South Carolina. One of the divisions program areas shall be a 40 Division on the Alcohol and Drug Addiction Program which shall 41 have primary responsibility in the State for treatment of alcohol 42 and drug addicts. One of the divisions program areas shall be a 43 Division for the Long-Term Care Program which shall have
1 [80] 146 1 primary responsibility for care and treatment of elderly persons 2 who are mentally and physically handicapped to the extent that 3 their needs are not met in other facilities either public or private. 4 5 Section 44-9-60. The Director Division Chief of the Department 6 Division of Mental Health may appoint a superintendent of each 7 hospital, with the approval of the Mental Health Commission. 8 Each superintendent shall be knowledgeable in the treatment of the 9 mentally ill and in hospital administration. The superintendent of 10 each institution under the jurisdiction of the Department Division 11 of Mental Health shall be responsible for the employment of all 12 personnel at the institution, subject to the approval of the director 13 of the department Division Chief of the Division. The director 14 Division Chief may serve as superintendent of one or more 15 hospitals or other mental health facilities. 16 17 Section 44-9-70. The State Department Division of Mental 18 Health is hereby designated as the State’s mental health authority 19 for purposes of administering Federal funds allotted to South 20 Carolina under the provisions of the National Mental Health Act, 21 as amended. The State Department Division of Mental Health is 22 further designated as the State agency authorized to administer 23 minimum standards and requirements for mental health clinics as 24 conditions for participation in Federal-State grants-in-aid under the 25 provisions of the National Mental Health Act, as amended, and is 26 authorized to promote and develop community mental health 27 outpatient clinics. Provided, that However, nothing in this article 28 shall be construed to prohibit the operation of outpatient mental 29 health clinics by the South Carolina Medical College Hospital in 30 Charleston. Provided, further, that nothing Nothing herein shall be 31 construed to include any of the functions or responsibilities now 32 granted the Department of Health and Environmental Control, or 33 the administration of the State Hospital Construction Act 34 (Hill-Burton Act), as provided in the 1976 Code and amendments 35 thereto. 36 37 Section 44-9-80. Payments made to a mental health facility 38 which are derived in whole or in part from Federal funds which 39 become available after June 30, 1967, and which are provided with 40 the stipulation that they be used to improve services to patients 41 shall not be considered fees from paying patients under the terms 42 of Act No. 1100 of 1964 but may be utilized by the State
1 [80] 147 1 Department Division of Mental Health to improve South 2 Carolina’s comprehensive mental health program. 3 4 Section 44-9-90. The Commission Division of Mental Health 5 shall have the following rights, powers and duties: 6 (1) It shall form a body corporate in deed and in law with all 7 the powers incident to corporations; 8 (2) It shall cooperate with persons in charge of penal 9 institutions in t his State for the purpose of providing proper care 10 and treatment for mental patients confined therein because of 11 emergency; 12 (3) It shall inaugurate and maintain an appropriate mental 13 health education and public relations program; 14 (4) It shall collect statistics bearing on mental illness, drug 15 addiction, and alcoholism, as well as study the cause, pathology, 16 and prevention of mental defects and diseases; 17 (5) It shall provide moral and vocational training and medical 18 and surgical treatment which will tend to the mental and physical 19 betterment of patients and which is designed to lessen the increase 20 of mental illness, mental defectiveness, epilepsy, drug addiction 21 and alcoholism; and 22 (6) It shall encourage the superintendents of institutions and 23 their medical staffs in the investigation and study of these subjects 24 and of mental hygiene in general; and 25 (7) It shall provide a statewide system for the delivery of 26 mental health services to treat, care for, reduce and prevent mental 27 illness and provide mental health services in the areas of mental 28 defectiveness, epilepsy, drug addiction and alcoholism for citizens 29 of this State, whether or not in an institution. The system shall 30 include services to prevent or postpone the commitment or 31 recommitment of citizens to mental health institutions. 32 33 Section 44-9-100. The commission Division of Mental Health 34 may: 35 (1) prescribe the form of and information to be contained in 36 applications, records, reports, and medical certificates provided for 37 under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 38 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, 39 and Chapter 52; 40 (2) require reports from the superintendent of an institution 41 relating to the admission, examination, diagnosis, discharge, or 42 conditional discharge of a patient;
1 [80] 148 1 (3) investigate complaints made by a patient or by a person on 2 behalf of a patient; 3 (4) adopt regulations not inconsistent with this chapter, 4 Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, 5 Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as 6 it may find to be reasonably necessary for the government of all 7 institutions over which it has authority and of state mental health 8 facilities and the proper and efficient institutionalization of the 9 mentally ill, psychotic senile, drug addicted, or alcoholic; 10 (5) take appropriate action to initiate and develop relationships 11 and agreements with state, local, federal, and private agencies, 12 hospitals, and clinics as it considers necessary to increase and 13 enhance the accessibility and delivery of emergency and all other 14 types of mental health services. 15 16 Section 44-9-110. The Mental Health Commission may accept 17 on behalf of the Department Division of Mental Health may accept 18 on its own behalf or on behalf of any of its facilities or services, 19 gifts, bequests, devises, grants, donations of money or real and 20 personal property of whatever kind, but no such gift or grant shall 21 be accepted upon the condition that it shall diminish an obligation 22 due the Department Division. The Commission Division may 23 refuse to accept any such gift or grant and the acceptance of any 24 such gift or grant shall not incur any obligation on the part of the 25 State. Any gift or grant given to a specific facility or service shall 26 be used for that facility or service only, or to its successor. The 27 Commission Division may promulgate rules and regulations 28 governing the disposition of such gifts and grants. 29 30 Section 44-9-120. With the approval of the Secretary of the 31 Department of Behavioral Health Services, The Commission the 32 Division of Mental Health shall submit an annual report to the 33 Governor before the eleventh day of January of each year setting 34 forth its activities, the financial affairs and the state and condition 35 of the State mental health facilities and any other statistical 36 information which is usually required of facilities of the type over 37 which it has charge. The report shall include any 38 recommendations which in the opinion of the Commission 39 Division will improve the mental health program services of the 40 State. A copy of the report shall also be submitted to the General 41 Assembly. 42
1 [80] 149 1 Section 44-9-160. Wherever in the 1976 Code reference is 2 made to the State Hospital, it shall mean means a state hospital; 3 wherever reference is made requiring the signature of the 4 superintendent of any mental health facility, it shall mean means 5 the superintendent or his designee; wherever reference is made to 6 the Department of Mental Health it means the Division of Mental 7 Health in the Department of Behavioral Health Services; and 8 wherever reference is made to the State Commissioner of Mental 9 Health, it shall mean means the State Director Division Chief of 10 the Department Division of Mental Health.” 11 12 SECTION 38. Section 44-11-10 of the 1976 Code is amended to 13 read: 14 15 “Section 44-11-10. The following facilities shall continue in 16 existence and shall be maintained for the following purposes: 17 (1) those inpatient facilities as authorized by the Department 18 Division of Mental Health in the Department of Behavioral Health 19 Services and funded by legislative appropriations, including 20 facilities for the evaluation and treatment of mentally ill persons, 21 and facilities for the evaluation and treatment of chemically 22 dependent persons, and long-term care facilities; and 23 (2) the mental health clinics for the diagnosis, treatment, and 24 prevention of mental illness.” 25 26 SECTION 39. Section 44-11-30 of the 1976 Code is amended to 27 read: 28 29 “Section 44-11-30. The South Carolina Division of Mental 30 Health Commission, in the Department of Behavioral Health 31 Services, in mutual agreement with the authorities of the United 32 States Veterans Administration, may establish South Carolina 33 veterans homes to be located on grounds owned by the Department 34 Division of Mental Health. The purpose of these homes is to 35 provide treatment for South Carolina veterans who are mentally ill 36 or whose physical condition requires long-term nursing care. 37 Admission requirements to these homes are the same as any other 38 facility operated by the department except that the patients at these 39 facilities must be South Carolina veterans. The South Carolina 40 Division of Mental Health Commission, in the Department of 41 Behavioral Health Services is designated as the agency of the State 42 to apply for and to accept gifts, grants, and other contributions 43 from the federal government or from any other governmental unit
1 [80] 150 1 for the operation and construction of South Carolina veterans 2 homes. The South Carolina Division of Mental Health 3 Commission, in the Department of Behavioral Health Services 4 shall consult with the Division of Veterans Affairs, Office of the 5 Governor, concerning the policies, management, and operation of 6 the South Carolina veterans homes. ” 7 8 SECTION 40. Section 44-11-60 of the 1976 Code is amended to 9 read: 10 11 “Section 44-11-60. The Division of Mental Health Commission 12 shall establish mental health clinics throughout the State and shall 13 supervise them.” 14 15 SECTION 41. Section 44-11-70 of the 1976 Code is amended to 16 read: 17 18 “Section 44-11-70. The Division of Mental Health Commission 19 may authorize the superintendents to employ suitable persons to 20 act as marshals to keep intruders off and prevent trespass upon 21 state mental health facilities. The marshals employed, in so far as 22 State state mental health facilities are concerned, shall be vested 23 with all the powers and charged with all the duties of police 24 officers generally. They may eject trespassers. They may without 25 warrant arrest persons guilty of disorderly conduct or of trespass 26 on State state mental health facilities and have them tried in any 27 court of competent jurisdiction.” 28 29 SECTION 42. Section 44-11-80 of the 1976 Code is amended to 30 read: 31 32 “Section 44-11-80. The Division of Mental Health Commission 33 shall fix the amount of the salaries or emoluments of all officers 34 and employees of its State state mental health facilities.” 35 36 SECTION 43. Chapter 13, Title 44 of the 1976 Code is amended 37 to read: 38 39 “CHAPTER 13 40 41 Admission, Detention and Removal of Patients at State Mental 42 Health Facilities 43
1 [80] 151 1 Section 44-13-10. Pending his removal to a State mental health 2 facility an individual taken into custody or ordered to be admitted 3 may be temporarily detained in his home, a licensed foster home or 4 any other suitable facility under such reasonable conditions as the 5 county governing body, supervisor or manager may fix, but he 6 shall not, except because of and during an extreme emergency, be 7 detained in a nonmedical establishment used for the detention of 8 individuals charged with or convicted of penal offenses. The 9 county governing body, supervisor or manager shall take such 10 reasonable measures, including provision of medical care, as may 11 be necessary to assure proper care of an individual temporarily 12 detained under this section. 13 14 Section 44-13-20. Any individual, legally a resident of this 15 State, ordered to be admitted to any mental health facility under 16 the laws of any other state, may be admitted, upon satisfactory 17 proof of residence, to care and treatment in any State mental health 18 facility of this State. The orders of any court of competent 19 jurisdiction of another state or of the District of Columbia 20 authorizing admittance of such individual to a mental health 21 facility shall have the same force and effect upon his transfer to 22 this State as a lawful order of any court of competent jurisdiction 23 in this State. A certified copy of such order shall be furnished the 24 Department Division of Mental Health in the Department of 25 Behavioral Health Services prior to the issuance by the Department 26 Division of Mental Health of any authorization of transfer of such 27 patient. Jurisdiction in all further matters relating to such mentally 28 ill person shall vest in the judge of probate of the county in which 29 the mental health facility, to which such person is admitted, is 30 located, during his confinement therein, or the judge of probate of 31 the county in which he is legally resident. 32 33 Section 44-13-30. Unless he was admitted pursuant to the 34 Interstate Compact on Mental Health as set out in Section 35 44-25-20 or a supplementary agreement thereto, if any person 36 admitted to a State mental health facility is not a citizen of this 37 State, the superintendent of the facility concerned shall 38 immediately notify the Department Division of Mental Health, and 39 the Department Division of Mental Health shall notify the mental 40 health commission or other appropriate agency of the state of 41 which the patient or trainee is a citizen. If the state of his 42 citizenship fails to provide for his removal within a reasonable 43 time, the Department Division of Mental Health shall cause him to
1 [80] 152 1 be delivered to the officials authorized by law to care for similar 2 persons pending their commitment to state institutions of the state 3 of his citizenship. The cost of these proceedings and conveyance 4 from this State shall be borne by this State under reciprocity 5 agreements made by the Department Division of Mental Health 6 with the mental health authorities of other states. In entering upon 7 such reciprocal agreements with other states, the Department 8 Division of Mental Health shall provide that the requirements 9 necessary to gain residence in this State shall not be less than those 10 required for the acquisition of residence in the other contracting 11 state. The Department Division of Mental Health may, however, 12 in cases of undue hardship waive the requirements of residence, 13 for cause. 14 15 Section 44-13-40. If any person admitted to a State mental 16 health facility is not a citizen of the United States, the 17 superintendent of the facility concerned shall immediately notify 18 the Department Division of Mental Health of the name of the 19 person and all ascertainable information as to race, nativity, date of 20 last arrival in the United States, the name of the vessel on which he 21 arrived, the port at which he landed and the name of the 22 transporting company. The Department Division of Mental Health 23 shall transmit this information to the appropriate United States 24 authorities and shall continue to provide care and treatment for the 25 patient or trainee pending arrangements for his deportation. 26 27 Section 44-13-50. If a mentally ill patient from an out-of-State 28 mental health facility is found to be in this State without 29 permission and upon satisfactory identification of the patient and 30 the request of such facility that the patient be returned, he may be 31 taken into custody by proper public officials and transported 32 directly to the out-of-State facility or may be detained in a State 33 mental health facility until such time as transportation 34 arrangements can be made or the patient’s health will permit his 35 return. The state requesting the return of the patient shall pay all 36 costs of, and incidental to, the transportation and detention of the 37 patient. 38 39 Section 44-13-60. The Department Division of Mental Health 40 shall investigate the case of each patient or trainee in a State 41 mental health facility who is simply mentally or physically infirm 42 or who is a harmless mental defective or harmless epileptic. 43 When, in the opinion of the Department Division of Mental
1 [80] 153 1 Health, the family, guardian, trustee, committee or other person 2 legally responsible for the person is financially able to provide for 3 his care, it shall, when in the opinion of the Department Division 4 of Mental Health this is advisable, transfer the patient or trainee to 5 the custody of that person. If all persons legally responsible for 6 the patient or trainee are financially unable to provide for his care, 7 the Department Division of Mental Health shall, when practicable, 8 transfer the custody of the person to the county health authorities 9 of the county of which the patient or trainee was a resident prior to 10 admittance. 11 12 Section 44-13-70. The judge of probate in each county shall 13 keep an adequate supply of forms necessary for the admission or 14 commitment of persons under this chapter, Chapter 9, Chapter 11, 15 Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, 16 Chapter 27, and Chapter 52.” 17 18 SECTION 44. Chapter 15, Title 44 of the 1976 Code is amended 19 to read: 20 21 “CHAPTER 15 22 23 Local Mental Health Programs, Boards and Centers 24 25 Section 44-15-10. Any county, city, town, political subdivision, 26 or any combination thereof, of over one hundred thousand 27 population, and upon consent of the South Carolina Department 28 Division of Mental Health, Department of Behavioral Health 29 Services, any city, county, town, or political subdivision, or 30 combination thereof, with less than one hundred thousand 31 population, may establish a community mental health services 32 program and may establish clinics and staff them with persons 33 specially trained in psychiatry and related fields. Such programs 34 and clinics may be administered by a county, city, town, political 35 subdivision or nonprofit corporation or a community mental health 36 board established pursuant to this article. 37 38 Section 44-15-20. The Department Division of Mental Health 39 may, when funds are available for such purposes, make grants to 40 assist counties, cities, towns, political subdivisions or any 41 combinations thereof, or any nonprofit corporation, in the 42 establishment and operation of local mental health programs to 43 provide the following services:
1 [80] 154 1 (1) Collaborative and cooperative services with public health, 2 education, welfare and other groups for programs of prevention of 3 mental illness, mental retardation and other psychiatric disabilities; 4 (2) Informational and educational services to the general public 5 and lay and professional groups; 6 (3) Consultative services to schools, courts and health and 7 welfare agencies, both public and private; 8 (4) Diagnostic and treatment services; and 9 (5) After care services for patients suffering from mental or 10 emotional disorders, mental retardation and other psychiatric 11 conditions, particularly those who have received prior treatment in 12 an in-patient facility. 13 14 Section 44-15-30. Any county, city, town, political subdivision, 15 nonprofit corporation or community mental health board 16 administering a mental health services program may apply for the 17 assistance provided by this article by submitting annually to the 18 Department Division of Mental Health its plan and budget for the 19 next fiscal year together with the recommendations of the 20 community mental health board. No program shall be eligible for 21 such assistance unless its plan and budget have been approved by 22 the Department Division. 23 24 Section 44-15-40. At the beginning of each fiscal year the 25 Department Division shall allocate available funds to the mental 26 health programs for disbursement during the fiscal year in 27 accordance with such approved plans and budgets. The 28 Department Division shall, from time to time during the fiscal 29 year, review the budgets and expenditures of the various programs, 30 and if funds are not needed for a program to which they were 31 allocated, it may, after reasonable notice and opportunity for 32 hearing, withdraw such funds as are unencumbered and reallocate 33 them to other programs. It may withdraw funds from any program 34 which is not being administered in accordance with its approved 35 plan and budget. 36 37 Section 44-15-50. Grants may be made for expenditures for 38 mental health services whether provided by operation of a local 39 facility or through contract with other public or private agencies or 40 individual persons. 41 42 Section 44-15-60. Every county, city, town, or political 43 subdivision, or combination of them, establishing a community
1 [80] 155 1 mental health services program, before it may come within this 2 article, shall establish a community mental health board to be 3 made up of not less than seven nor more than fifteen members. 4 Membership of the boards, so far as may be practicable, must be 5 representatives of local health departments, medical societies, 6 county welfare boards, hospital boards, and lay associations 7 concerned with mental health as well as labor, business, and civic 8 groups, and the general public. At least one member of the board 9 must be a medical doctor licensed to practice medicine in this 10 State. The members must be appointed by the Governor upon the 11 recommendation of a majority of the members of the legislative 12 delegations of the counties participating. The legislative 13 delegations and the Governor shall consider consumer and family 14 representation, including parents of emotionally disturbed children 15 and adolescents, when recommending and appointing members to 16 the board. By resolution a county legislative delegation may 17 delegate to the governing body of the county they represent the 18 authority to recommend board members to the Governor. The 19 resolution is not revocable, and copies of the resolution must be 20 sent to the Governor, the Department Division of Mental Health, 21 and the governing bodies of the counties concerned. The number 22 of members representing each county must be proportional to its 23 population. The term of office of each member of the community 24 mental health board is four years and until the member’s successor 25 is appointed. Vacancies must be filled for the unexpired term in 26 the same manner as original appointments. A member of a board 27 may be removed by the Governor pursuant to the provisions of 28 Section 1-3-240. A person may serve consecutive terms. 29 In Berkeley County, appointments made pursuant to this section 30 are governed by the provisions of Act 159 of 1995. 31 In Dorchester County, appointments made pursuant to this 32 section are governed by the provisions of Act 512 of 1996. 33 In Georgetown County, appointments made pursuant to this 34 section are governed by the provisions of Act 515 of 1996. 35 36 Section 44-15-70. Subject to the provisions of this article and 37 the rules and regulations of the Department Division of Mental 38 Health, each community mental health board shall: 39 (1) Be the administrative agency for the community mental 40 health services program; and it shall be a body corporate in deed 41 and in law with all the powers incident to corporation, including 42 the power to purchase, lease or sell real and personal property;
1 [80] 156 1 (2) Employ personnel necessary to carry out the community 2 mental health services program, who shall meet the job 3 specifications as prescribed by the Department and its merit 4 system; 5 (3) Review and evaluate community mental health services 6 provided pursuant to this article and report its findings and 7 recommendations to the Department, the administrator of the local 8 program and, when indicated, the public; 9 (4) Recruit and promote local financial support for the program 10 from private sources such as community chests, business, 11 industrial and private foundations, voluntary agencies and other 12 lawful sources, and promote public support for municipal and 13 county appropriations; 14 (5) Promote, arrange and implement working agreements with 15 other social service agencies, both public and private, and with 16 other educational and judicial agencies; 17 (6) Advise the administrator of the local program on the 18 adoption and implementation of policies to stimulate effective 19 community relations; and 20 (7) Review the annual plan and budget of the local program 21 and make recommendations thereon. 22 23 Section 44-15-80. In addition to the powers and duties already 24 conferred by law, the Department Division of Mental Health shall: 25 (1) Promulgate rules and regulations governing the eligibility 26 of community mental health programs to receive State grants, 27 prescribing standards for qualification of personnel and quality of 28 professional service and for in-service training and educational 29 leave programs for personnel; 30 (2) Govern eligibility for service so that no person will be 31 denied service on the basis of inability to pay and so that anyone 32 who cannot afford to pay for necessary treatment at the rate 33 customarily charged in available private practice shall be eligible 34 to receive services from the community mental health clinic; 35 (3) Provide for establishment of fee schedules and reduction of 36 balance due which shall be based upon ability to pay; 37 (4) Regulate fees for consultation and diagnostic services, 38 which services may be provided to anyone without regard to his 39 financial status when such person is referred by the courts, schools, 40 health or welfare agencies; 41 (5) Promulgate such other rules and regulations as it deems 42 necessary to carry out the purposes of this article;
1 [80] 157 1 (6) Review and evaluate local programs and the performance 2 of all personnel and make recommendations thereon to community 3 mental health boards and program administrators; 4 (7) Provide consultative staff service to communities to assist 5 in ascertaining local needs and in planning and establishing 6 community mental health programs; and 7 (8) Employ personnel, certified by the merit system as 8 classified according to existing job classifications, including a 9 State Program Director of Community Mental Health Services, to 10 be under the supervision of the Director Division Chief of the 11 Department Division of Mental Health, to implement the 12 provisions of this article. 13 (9) Require reports from the directors of community mental 14 health programs relating to the intake, examination, diagnosis and 15 file closing of any patient or client. 16 17 Section 44-15-90. If any balances of appropriations for the 18 program authorized by this article are unexpended during any 19 fiscal year, the Department Division of Mental Health may carry 20 such balances forward to the next fiscal year; provided, that not 21 more than five per cent of the amount appropriated during any 22 fiscal year shall be carried forward.” 23 24 SECTION 45. Chapter 17, Title 44 of the 1976 Code is amended 25 by adding: 26 27 “Section 44-17-305. For the purposes of this Chapter, ‘Division 28 of Mental Health’ means the Division of Mental Health in the 29 Department of Behavioral Health Services.” 30 31 SECTION 46. The fifth unnumbered paragraph of Section 32 44-17-410 of the 1976 Code is amended to read: 33 34 “If the report of the designated examiners is that the patient is 35 not mentally ill to the extent that involuntary treatment is required 36 and reasons have been set forth in the report, the court shall 37 dismiss the petition and the patient must be discharged 38 immediately by the facility unless the designated examiners report 39 that the patient is a chemically dependent person in need of 40 emergency commitment and that procedures have been initiated 41 pursuant to Section 44-52-50. In which case, emergency 42 commitment procedures must be complied with in accordance with 43 Chapter 52, and the facility shall transfer the patient to an
1 [80] 158 1 appropriate treatment facility as defined by Section 44-52-10, 2 provided that confirmation has been obtained from the facility that 3 a bed is available; transportation must be provided by the 4 department Division of Mental Health.” 5 6 SECTION 47. Sections 44-17-450 and 14-17-460 of the 1976 7 Code are amended to read: 8 9 “Section 44-17-450. The Department Division of Mental 10 Health, in conjunction with its local mental health centers acting as 11 the preadmission facilities, must develop and maintain a 12 preadmission screening and evaluation service for all psychiatric 13 emergencies at the local community level utilizing available local 14 resources for mentally ill persons. The preadmission screening 15 services must act as the public mental health system’s entry point 16 in order (1) to provide to the examining physician information 17 about accessible crisis intervention, evaluation, and referral 18 services in the community; (2) to offer to mentally ill persons 19 clinically appropriate alternatives to inpatient care, if any; and 20 when necessary (3) to provide a means for involuntary 21 commitment. 22 23 Section 44-17-460. Prior to the emergency admission of any 24 person to a psychiatric facility of the Department Division of 25 Mental Health, the person must be examined by a licensed 26 physician. The physician must inform the mental health center in 27 the county where the person resides or where the examination 28 takes place of the mental and physical treatment needs of the 29 patient. The physician must consult with the center regarding the 30 commitment/admission process and the available treatment options 31 and alternatives in lieu of hospitalization at a state psychiatric 32 facility. 33 The examining physician must complete a statement that he has 34 consulted with the local mental health center prior to the admission 35 of the person to a state psychiatric facility. If the physician does 36 not consult with the center, he must state a clinical reason for his 37 failure to do so. The statement must accompany the physician’s 38 certificate and written application for emergency commitment. 39 The department, in its discretion, may refuse to admit a patient to 40 its facility if the physician fails to complete the statement required 41 by this section.” 42
1 [80] 159 1 SECTION 48. Section 44-17-580(2) of the 1976 Code is 2 amended to read: 3 4 “(2) there is a likelihood of serious harm to himself or others, it 5 shall order in-patient or out-patient treatment at a mental health 6 facility, public or private, designated or licensed by the 7 Department Division of Mental Health. If the court finds that he is 8 not mentally ill and not in need of involuntary treatment, it shall 9 dismiss the proceedings.” 10 11 SECTION 49. Section 44-17-860 of the 1976 Code is amended 12 to read: 13 14 “Section 44-17-860. It shall be is unlawful for any person, 15 without prior authorization from the patient’s attending physician, 16 to take or cause to be taken any patient away from the grounds of 17 any facility under the jurisdiction of the Department Division of 18 Mental Health. Any person violating the provisions of this section 19 shall be fined in a sum of not more than one thousand dollars or 20 imprisoned for not exceeding one year, or both.” 21 22 SECTION 50. Section 44-17-865 of the 1976 Code is amended 23 to read: 24 25 “Section 44-17-865. If any person involuntarily committed to a 26 facility under the jurisdiction of the Department Division of 27 Mental Health is absent without proper authorization, the 28 Department Division shall immediately notify by telephone the 29 appropriate state and local law enforcement officials of such 30 absence. Such notice shall also be confirmed in writing and 31 mailed to such law enforcement officials within twenty-four hours 32 after the absence is discovered.” 33 34 SECTION 51. Section 44-17-870 of the 1976 Code is amended 35 to read: 36 37 “Section 44-17-870. If a patient involuntarily committed to a 38 facility under the jurisdiction of the State Department Division of 39 Mental Health is absent without proper authorization, a state or 40 local law enforcement officer or employee of the department 41 division appointed pursuant to Section 44-11-70, upon the request 42 of the facility superintendent or director or Division Chief or a 43 designee and without the necessity of a warrant or a court order,
1 [80] 160 1 may take the patient into custody and return the patient to a facility 2 designated by the department division. No person may be 3 reconfined pursuant to this section after being continuously absent 4 from the jurisdiction of the department division for at least one 5 year unless criminal charges are still pending against the patient or 6 unless he was committed to a facility of the department division 7 pursuant to Chapter 24, Title 17.” 8 9 SECTION 52. The last paragraph of Section 44-20-20 of the 10 1976 Code is amended to read: 11 12 “Admission to services of the South Carolina Department of 13 Disabilities and Special Needs does not terminate or reduce the 14 rights and responsibilities of parents. Parental involvement and 15 participation in mutual planning with the department to meet the 16 needs of the client facilitates decisions and treatment plans that 17 serve the best interest and welfare of the client.” 18 19 SECTION 53. Chapter 22, Title 44 of the 1976 Code is amended 20 to read: 21 22 “CHAPTER 22 23 24 Rights of Mental Health Patients 25 26 Section 44-22-10. As used in this chapter: 27 (1) [Reserved] 28 (2) ‘Director Division Chief’ means the Director Division 29 Chief of the Department Division of Mental Health. 30 (3) ‘Court’ means probate court. 31 (4) ‘Department’ ‘Division’ means the State Department 32 Division of Mental Health in the Department of Behavioral Health 33 Services. 34 (5) ‘Facility’ means a residential program operated by the 35 Department Division. 36 (6) ‘Independent examination’ means an examination of a 37 patient by a qualified employee of the Department Division. 38 (7) ‘Individual plan of treatment’ means a plan written by a 39 multi-disciplinary team setting forth measurable goals and 40 objectives in prescribing an integrated program of individual 41 designed activities or therapies necessary to achieve the goals and 42 objectives.
1 [80] 161 1 (8) ‘Major medical treatment’ means a medical, surgical, or 2 diagnostic intervention or procedure where a general anesthetic is 3 used or which involves significant invasions of bodily integrity 4 requiring an incision or producing substantial pain, discomfort, 5 debilitation, or having a significant recovery period. It does not 6 include a routine diagnosis or treatment such as the administration 7 of medications or nutrition or the extraction of bodily fluids for 8 analysis, dental care performed with local anesthetic, procedures 9 which are provided under emergency circumstances, or the 10 withdrawal or discontinuance of medical treatment which is 11 sustaining life functions. 12 (9) ‘Mental disability’ means a medically diagnosable, 13 abnormal condition which is expected to continue for a 14 considerable length of time, whether correctable or uncorrectable, 15 which reasonably is expected to limit the person’s functional 16 ability. 17 (10) ‘Multi-disciplinary team’ means persons drawn from or 18 representing the professional disciplines or service areas included 19 in the treatment plan. 20 (11) ‘Patient’ means an individual undergoing treatment in the 21 Department Division of Mental Health; however, the term does not 22 include a person committed to the Department Division of Mental 23 Health pursuant to Chapter 48 of Title 44. 24 (12) ‘Patient unable to consent’ means a patient unable to 25 appreciate the nature and implications of his condition and 26 proposed health care, to make a reasoned decision concerning the 27 proposed health care, or to communicate that decision in an 28 unambiguous manner. This definition does not include a person 29 under eighteen years of age, and this chapter does not affect the 30 delivery of health care to that person unless he is married or has 31 been determined judicially to be emancipated. A patient’s inability 32 to consent must be certified by two licensed physicians, each of 33 whom has examined the patient. However, in an emergency the 34 patient’s inability to consent may be certified by a health care 35 professional responsible for his care if the health care professional 36 states in writing in the patient’s record that the delay occasioned 37 by obtaining certification from two licensed physicians would be 38 detrimental to his health. A certifying physician or other health 39 care professional shall give an opinion regarding the cause and 40 nature of the inability to consent, its extent, and its probable 41 duration.
1 [80] 162 1 (13) ‘Reasonably available’ means that a person to be contacted 2 may be contacted with diligent efforts by the attending physician 3 or another person acting on behalf of the attending physician. 4 (14) ‘Treatment’ means the attempted correction or facilitation 5 of a mental illness or alcohol and drug abuse. 6 7 Section 44-22-20. Patients have the right to the writ of habeas 8 corpus. 9 10 Section 44-22-30. Persons suffering from mental illness or 11 chemical dependency have the right to be represented by counsel 12 when involuntarily committed to the Department Division of 13 Mental Health pursuant to Sections 44-17-530 and 44-52-110. 14 15 Section 44-22-40. (A) A patient in need of electro-convulsive 16 therapy or major medical treatment must be examined by a 17 qualified physician to determine if the patient is able to consent to 18 electro-convulsive therapy or major medical treatment. Where a 19 patient is determined unable to consent to surgery or 20 electro-convulsive therapy or major medical therapy or treatment, 21 decisions concerning the need for treatment may be made by the 22 following persons in the following order of priority: 23 (1) a guardian appointed by the court pursuant to Article 5, 24 Part 3 of the South Carolina Probate Code, if the decision is within 25 the scope of the guardianship; 26 (2) an attorney-in-fact appointed by the patient in a durable 27 power of attorney executed pursuant to Section 62-5-501, if the 28 decision is within the scope of his authority; 29 (3) a person given priority to make health care decisions for 30 the patient by another statutory provision; 31 (4) a spouse of the patient unless the spouse and the patient 32 are separated pursuant to one of the following: 33 (a) entry of a pendente lite order in a divorce or separate 34 maintenance action; 35 (b) formal signing of a written property or marital 36 settlement agreement; 37 (c) entry of a permanent order of separate maintenance 38 and support or of a permanent order approving a property or 39 marital settlement agreement between the parties; 40 (5) a parent of the patient or child eighteen years of age or 41 older of the patient; 42 (6) a sibling or grandchild eighteen years of age or older of 43 the patient or grandparent of the patient;
1 [80] 163 1 (7) other relative by blood or marriage who reasonably is 2 believed by the health care professional to have a close personal 3 relationship with the patient; 4 (8) a person given authority to make health care decisions 5 for the patient by another statutory provision. 6 (B) If persons of equal priority disagree on whether certain 7 health care should be provided to a patient who is unable to 8 consent, an authorized person, a health care provider involved in 9 the care of the patient, or another person interested in the welfare 10 of the patient may petition the probate court for an order 11 determining what care is to be provided or for appointment of a 12 temporary or permanent guardian. 13 (C) Priority under this section must not be given to a person if a 14 health care provider responsible for the care of a patient who is 15 unable to consent determines that the person is not reasonably 16 available, is not willing to make health care decisions for the 17 patient, or is unable to consent as defined in Section 44-22-10(6). 18 (D) An attending physician or other health care professional 19 responsible for the care of a patient who is unable to consent may 20 shall not give priority or authority under subsection (A)(5) through 21 (8) to a person if the attending physician or health care 22 professional has actual knowledge that, before becoming unable to 23 consent, the patient did not want that person involved in decisions 24 concerning his care. 25 (E) This section does not authorize a person to make health 26 care decisions on behalf of a patient who is unable to consent if, in 27 the opinion of the certifying physicians, the patient’s inability to 28 consent is temporary, and the attending physician or other health 29 care professional responsible for the care of the patient determines 30 that the delay occasioned by postponing treatment until the patient 31 regains the ability to consent will not result in significant detriment 32 to the patient’s health. 33 (F) This section does not affect the application of the Adult 34 Health Care Consent Act, Sections 44-66-10 through 44-66-80, to 35 a patient in need of health care. 36 37 Section 44-22-50. (A) A patient receiving services for mental 38 illness or alcohol and drug abuse shall receive care and treatment 39 that is suited to his needs and which is the least restrictive 40 appropriate care and treatment. The care and treatment must be 41 administered skillfully, safely, and humanely with full respect for 42 the patient’s dignity and personal integrity.
1 [80] 164 1 (B) Persons who operate facilities of the Department Division 2 of Mental Health shall ensure that restrictions on a residential 3 patient’s liberty are confined to those minimally necessary to 4 establish the therapeutic objectives for the patient. The 5 Department Division of Mental Health and the Department 6 Division of Alcohol and Other Drug Abuse Services shall make 7 every effort to ensure that no patient is admitted to a facility unless 8 a prior determination has been made that residence in the facility is 9 the least restrictive setting feasible for the patient. 10 (C) In cases of emergency admissions, when the least 11 restrictive setting is not available, patients must be admitted to the 12 nearest appropriate facility until the patient may be moved to the 13 least restrictive setting. 14 (D) No patient may remain at a level of care that is more 15 expensive and restrictive than is warranted to meet his needs when 16 the appropriate setting is available. 17 (E) Patients have a right to the least restrictive conditions 18 necessary to achieve the purposes of treatment. The facility shall 19 make every attempt to move residents from: 20 (1) more to less structured living; 21 (2) larger to smaller facilities; 22 (3) larger to smaller living units; 23 (4) group to individual residences; 24 (5) segregated from the community to integrated into the 25 community living; 26 (6) dependent to independent living. 27 28 Section 44-22-60. (A) Before or when admitted to a facility, a 29 patient or his guardian or parent must be provided with an 30 explanation, in terms and language appropriate to the person’s 31 ability to understand, of the rights of the patient while under the 32 care of the facility. 33 (B) Within six hours of admission a patient must be examined 34 by a physician. Within fourteen days of admission, a patient or his 35 parent or guardian must be provided with a written individualized 36 plan of treatment formulated by a multi-disciplinary team and the 37 patient’s attending physician. Each patient or his parent or 38 guardian shall participate in an appropriate manner in the planning 39 of services. An interim treatment program based on the 40 preadmission evaluation of the patient must be implemented 41 promptly upon admission. An individualized treatment plan must 42 contain:
1 [80] 165 1 (1) a statement of the nature and degree of the patient’s 2 mental illness or chemical dependency and his needs; 3 (2) if a physical examination has been conducted, the 4 patient’s physical condition; 5 (3) a description of intermediate and long-range treatment 6 goals and, if possible, future available services; 7 (4) criteria for release to a less restrictive environment, 8 including criteria for discharge and a description of services that 9 may be needed after discharge; 10 (5) a statement as to whether or not the patient may be 11 permitted outdoors on a daily basis and, if not, the reasons why. 12 Treatment plans must be updated upon periodic review as provided 13 in Section 44-22-70. 14 15 Section 44-22-70. (A) The individualized plan of treatment 16 must be reviewed every thirty days by the multi-disciplinary team 17 during the first two months of inpatient treatment. After two 18 months of inpatient treatment, the plan must be reviewed every 19 sixty days, except in long-term nursing care facilities the plan must 20 be reviewed every ninety days. This section does not prohibit 21 review of the plan on a more frequent basis. 22 (B) After review by the attending physician or 23 multi-disciplinary team, if the results of the examination determine 24 the conditions justifying confinement no longer exist, a notice of 25 intent to discharge must be made immediately to the probate judge 26 having jurisdiction. Notice must be given before discharge to a 27 person who has made a written request to be notified. 28 (C) For patients committed after a hearing by the probate court 29 for the involuntary inpatient treatment for mental illness or 30 chemical dependency, an appropriate and comprehensive discharge 31 plan must be developed. Planning for a patient’s discharge must 32 begin within seventy-two hours of admission, must include input 33 from the patient, and must address community treatment, financial 34 resources, and housing. The facility and community treatment 35 staff must be involved in developing the discharge plan. 36 Representatives of all entities which provide services pursuant to 37 the plan must be consulted and informed about the plan. Based on 38 available resources, the Department Division of Mental Health 39 shall make every effort to implement the discharge plan when the 40 patient, in the opinion of the multi-disciplinary team, is ready for 41 discharge. 42
1 [80] 166 1 Section 44-22-80. Unless a patient has been adjudicated 2 incompetent, no patient may be denied the right to: 3 (1) dispose of property, real and personal; 4 (2) execute instruments; 5 (3) make purchases; 6 (4) enter into contractual relationships; 7 (5) hold a driver’s license; 8 (6) marry or divorce; 9 (7) be a qualified elector if otherwise qualified. The county 10 board of voter registration in counties with Department Division of 11 Mental Health facilities reasonably shall assist patients who 12 express a desire to vote to: 13 (a) obtain voter registration forms, applications for absentee 14 ballots, and absentee ballots; 15 (b) comply with other requirements which are prerequisite 16 for voting; 17 (c) vote by absentee ballot if necessary. 18 19 Section 44-22-90. (A) Communications between patients and 20 mental health professionals including general physicians, 21 psychiatrists, psychologists, psychotherapists, nurses, social 22 workers, or other staff members employed in a patient therapist 23 capacity or employees under supervision of them are considered 24 privileged. The patient may refuse to disclose and may prevent a 25 witness from disclosing privileged information except as follows: 26 (1) communications between facility staff so long as the 27 information is provided on a ‘need-to-know’ basis; 28 (2) in involuntary commitment proceedings, when a patient 29 is diagnosed by a qualified professional as in need of commitment 30 to a mental health facility for care of the patient’s mental illness; 31 (3) in an emergency where information about the patient is 32 needed to prevent the patient from causing harm to himself or 33 others; 34 (4) information related through the course of a court-ordered 35 psychiatric examination if the information is admissible only on 36 issues involving the patient’s mental condition; 37 (5) in a civil proceeding in which the patient introduces his 38 mental condition as an element of his claim or defense, or, after the 39 patient’s death, when the condition is introduced by a party 40 claiming or defending through or as a beneficiary of the patient, 41 and the court finds that it is more important to the interests of 42 justice that the communication be disclosed than the relationship 43 between the patient and psychiatrist be protected;
1 [80] 167 1 (6) when a competent patient gives consent or the guardian 2 of a patient adjudicated as incompetent gives consent for 3 disclosure; 4 (7) as otherwise authorized or permitted to be disclosed by 5 statute. 6 (B) This does not preclude prohibit disclosure of information to 7 the Governor’s Ombudsman office or to the South Carolina 8 Protection and Advocacy System for the Handicapped, Inc. 9 10 Section 44-22-100. (A) Certificates, applications, records, and 11 reports made for the purpose of this chapter or Chapter 9, Chapter 12 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 23, 13 Chapter 24, Chapter 25, Chapter 27, or Chapter 52 of this title and 14 directly or indirectly identifying a mentally ill or alcohol and drug 15 abuse patient or former patient or individual whose commitment 16 has been sought must be kept confidential and must not be 17 disclosed unless: 18 (1) the individual identified or his guardian consents; 19 (2) a court directs that disclosure is necessary for the 20 conduct of proceedings before it and that failure to make the 21 disclosure is contrary to the public interest; 22 (3) disclosure is required for research conducted or 23 authorized by the Department Division of Mental Health or the 24 Department Division of Alcohol and Other Drug Abuse Services 25 and with the consent of the patient; 26 (4) disclosure is necessary to cooperate with law 27 enforcement, health, welfare, and other state or federal agencies or 28 when furthering the welfare of the patient or his family; or 29 (5) disclosure is necessary to carry out the provisions of this 30 chapter or Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 31 15, Chapter 17, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or 32 Chapter 52 of this title. 33 (B) Nothing in this section: 34 (1) precludes prohibits disclosure, upon proper inquiry, of 35 information as to a patient’s current medical condition to members 36 of his family, or the Governor’s Ombudsman office; or 37 (2) requires the release of records of which disclosure is 38 prohibited or regulated by federal law. 39 (C) A person who violates this section is guilty of a 40 misdemeanor and, upon conviction, must be fined not more than 41 five hundred dollars or imprisoned not more than one year, or 42 both. 43
1 [80] 168 1 Section 44-22-110. (A) A patient or the guardian of a patient 2 has access to his medical records, and a person subject to a 3 proceeding or receiving services pursuant to this chapter has 4 complete access to his medical records relevant to this 5 commitment if the access is allowed in the presence of 6 professional mental health staff. 7 (B) Patients or guardians of patients may be refused access to: 8 (1) information in medical records provided by a third party 9 under assurance that the information remains confidential; 10 (2) information in medical records if the attending physician 11 determines in writing that the information is detrimental to the 12 patient’s treatment regimen. The determination must be placed in 13 the patient’s records and must be considered part of the restricted 14 information. 15 (C) Patients and guardians denied access to medical records 16 may appeal the refusal to the Director Division Chief of the 17 Department Division of Mental Health. The director of the 18 residential program shall notify the patient or guardian of the right 19 to appeal. 20 21 Section 44-22-120. (A) Except to the extent the director of the 22 facility determines it is required by the medical needs or safety of 23 the patient to impose restrictions, a patient may: 24 (1) communicate by sealed mail, telephone, or otherwise 25 with persons, including official agencies, inside or outside the 26 institution. Reasonable access to writing materials, stamps, and 27 envelopes must be provided. Reasonable access to telephones 28 including funds or means in which to use telephones must be 29 provided. The head of a residential program determines what 30 constitutes reasonable access; 31 (2) receive visitors including unrestricted visits by legal 32 counsel, private physicians, or members of the clergy or an 33 advocate of the South Carolina Protection and Advocacy System 34 for the Handicapped, Inc., if the visits take place at reasonable 35 hours or by appointment, or both. Each facility must have a 36 designated area where patients and visitors may speak privately if 37 they desire; 38 (3) wear his own clothes, have access to personal hygiene 39 articles, keep and spend a reasonable sum of his own money, and 40 keep and use his own personal possessions including articles for 41 personal grooming not provided for by the facility unless the 42 clothes or personal possessions are determined by a mental health 43 professional to be dangerous or otherwise inappropriate to the
1 [80] 169 1 treatment regimen. If clothing is provided by the facility, patients 2 may select from neat, clean, seasonal clothing that allows the 3 patient to appear normal in the community. To the extent staff 4 determines a patient is able and willing to care for and maintain the 5 patient’s own clothing, the patient must be assisted in maintaining 6 this clothing during the patient’s stay in the facility; 7 (4) have access to secure individual storage space for his 8 private use. Personal property of a patient brought into the 9 hospital and placed in storage by the hospital must be inventoried. 10 Receipts must be given to the patient and at least one other 11 interested person. The personal property may be reclaimed only 12 by the patient, his spouse, or his parent or guardian as long as he is 13 living unless otherwise ordered by the court. If property belonging 14 to a patient is not reclaimed within ninety days following the 15 patient’s discharge or death, the property may be utilized by the 16 Department Division of Mental Health for the benefit of other 17 patients or programs ten days after written notice is sent to the 18 individual or the individual’s family at the last known address; 19 (5) follow religious practices. Religious practices may be 20 prohibited by the facility director if they lead to physical harm to 21 the patient or to others, harassment of other patients, or damage to 22 property. 23 (B) All limitations imposed by the director of a residential 24 program on the exercise of these rights by the patient and the 25 reasons for the limitations must be made part of the clinical record 26 of the patient. These limitations are valid for no more than thirty 27 days. 28 29 Section 44-22-130. Patients involuntarily committed to a facility 30 may have a physical examination to rule out physical conditions 31 which may mimic mental illness. 32 33 Section 44-22-140. (A) The attending physician or the 34 physician on call, or both, are responsible for and shall authorize 35 medications and treatment given or administered to a patient. The 36 attending physician’s authorization and the medical reasons for it 37 must be entered into the patient’s clinical record. The 38 authorization is not valid for more than ninety days. Medication 39 must not be used as punishment, for the convenience of staff, or as 40 a substitute to or in quantities that interfere with the patient’s 41 treatment program. The patient or his legal guardian may refuse 42 treatment not recognized as standard psychiatric treatment. He 43 may refuse electro-convulsive therapy, aversive reinforcement
1 [80] 170 1 conditioning, or other unusual or hazardous treatment procedures. 2 If the attending physician or the physician on call decides 3 electro-convulsive therapy is necessary and a statement of the 4 reasons for electro-convulsive therapy is entered in the treatment 5 record of a patient who is considered unable to consent pursuant to 6 Section 44-22-10(13), permission for the treatment may be given 7 in writing by the persons in order of priority specified in Section 8 44-22-40(A)(1-8). 9 (B) Competent patients may shall not receive treatment or 10 medication in the absence of their express and informed consent in 11 writing except treatment: 12 (1) during an emergency situation if the treatment is 13 pursuant to or documented contemporaneously by written order of 14 a physician; or 15 (2) as permitted under applicable law for a person 16 committed by a court to a treatment program or facility. 17 18 Section 44-22-150. (A) No patient residing in a mental health or 19 alcohol and drug abuse facility may be subjected to mechanical 20 restraint, seclusion, or a form of physical coercion or restraint 21 unless the action is authorized in writing by the attending or 22 on-call physician as being required by the medical needs of the 23 patient and unless the use of the restraint is a last resort in 24 treatment. 25 (B) Each use of a restraint or seclusion and justification for it, 26 including a reasonably specific description of the actions by the 27 patient that warranted restraint or seclusion, must be entered into 28 the clinical record of the patient. These authorizations are not 29 valid for more than twenty-four hours during which the patient’s 30 condition must be charted at fifteen-minute intervals. If the orders 31 are extended beyond the twenty-four hours, the extension must 32 have written authorization and justification by the attending 33 physician and then only after he has interviewed and evaluated the 34 patient on an individual basis. Within twenty-four hours a copy of 35 the authorization and justification must be forwarded to the facility 36 supervisor for review. Patients under mechanical restraint must 37 have the restraints removed at least every two hours for motion 38 and exercise. Mechanical restraint must be employed to lessen the 39 possibility of physical injury and to ensure the least possible 40 discomfort. In an emergency such as the occurrence of, or serious 41 threat of, extreme violence, injury to others, personal injury, or 42 attempted suicide, if the director of the facility or the attending 43 physician is not available, designated staff may authorize, in
1 [80] 171 1 writing, mechanical restraint, seclusion, or physical restraint as 2 necessary. The use must be reported immediately to the director or 3 attending physician who shall authorize its continuance or 4 cessation and shall make a written record of the reasons for the use 5 and of his review. The record and review must be entered into the 6 patient’s record. The facility must have written policies and 7 procedures governing the use of mechanical restraints, seclusion, 8 and physical restraints and clearly delineate, in descending order, 9 the personnel who may authorize the use of restraints in 10 emergency situations. The authorization must be posted on each 11 ward. 12 (C) ‘Restraint’ shall not include medical protective devices 13 used as a regular part of medical, diagnostic, or surgical 14 procedures, used to posturally support a patient, or used to obtain 15 or maintain normative bodily functioning. 16 17 Section 44-22-160. (A) Each patient may refuse nontherapeutic 18 employment within the facility. The Department Division of 19 Mental Health shall establish policies and guidelines to determine 20 what constitutes therapeutic employment. The record and 21 justification of each patient’s employment must be sent 22 immediately to the attending physician for review and entered into 23 the patient’s record. Patient employment must be compensated in 24 accordance with the Fair Labor Standards Act. 25 (B) Personal living skills or household tasks not involving 26 maintenance of the facility are not considered employment and are 27 uncompensated. 28 29 Section 44-22-170. (A) The State Department of Education 30 shall ensure that each school-aged resident of a state-owned, 31 operated, or another designated facility shall receive an appropriate 32 education geared toward the unique capabilities of that person. 33 (B) If a school-aged resident is unable to assemble in a public 34 school setting, the Department of Education shall implement the 35 appropriate course of instruction. 36 37 Section 44-22-180. Resident patients must have the right to daily 38 physical exercise. The facility shall provide indoor and outdoor 39 facilities for the exercise. Patients determined able to be outdoors 40 on a daily basis pursuant to Section 44-22-60 must be allowed 41 outdoors on a daily basis in the absence of contrary medical 42 considerations or during inclement weather. 43
1 [80] 172 1 Section 44-22-190. The employment division of the South 2 Carolina Employment Security Commission and the Department 3 of Vocational Rehabilitation shall work with the Department 4 Division of Mental Health in the Department of Behavioral Health 5 Services in a coordinated effort to find employment for mentally 6 disabled citizens. Services must include, but are not limited to, 7 counseling, referral, timely notification of job listings, and other 8 services of the employment division and the Department of 9 Vocational Rehabilitation. 10 11 Section 44-22-200. The head of a treatment facility may move a 12 patient to a less restrictive setting without court approval if the 13 move is consistent with the goals and objectives of the 14 individualized treatment plan. The head of the treatment facility 15 may shall not move a patient to a more restrictive setting without 16 court approval. 17 18 Section 44-22-210. (A) The head of a treatment facility or unit 19 may permit the patient to leave the facility on a temporary leave of 20 absence for no longer than ninety days. 21 (B) The head of the treatment facility or unit upon releasing a 22 patient on a temporary leave of absence may impose conditions on 23 the patient while he is absent from the facility as are proper and in 24 the best interest of the patient and public welfare. 25 26 Section 44-22-220. (A) The Department Division of Mental 27 Health shall develop a system for documenting and addressing 28 grievances concerning patient rights. Grievances concerning 29 patient rights must be turned over to the Division of Quality 30 Assurance-Standards, Advocacy, and Monitoring of the 31 Department Division of Mental Health for review. A copy of the 32 written grievance must be forwarded to the Client Advocacy 33 Program and the South Carolina Protection and Advocacy System 34 for the Handicapped, Inc. 35 (B) The division shall promulgate procedures with time lines to 36 process expeditiously the grievances. The procedures must be 37 made known to patients. 38 (C) A person who wilfully causes, or conspires with or assists 39 another to cause, the denial to a patient of rights accorded to him 40 under this chapter, upon conviction, must be fined not more than 41 one thousand dollars or imprisoned for not more than one year, or 42 both. A person acting in good faith, either upon actual knowledge
1 [80] 173 1 or information thought to be reliable, is exempt from the criminal 2 provisions of this section.” 3 4 SECTION 54. Chapter 23, Title 44 of the 1976 Code is amended 5 to read: 6 7 “CHAPTER 23 8 9 Provisions Applicable to Both Mentally Ill 10 and Mentally Retarded Persons 11 12 Article 1 13 14 Definitions and General Matter 15 16 Section 44-23-10. When used in this chapter, Chapter 9, 17 Chapter 11, Chapter 13, Articles 3, 5, 7 and 9 of Chapter 17, and 18 Chapter 27, the following terms shall have the meanings ascribed 19 to them in this section, unless the context clearly indicates a 20 different meaning: 21 (1) ‘Mentally ill person’ means a person afflicted with a mental 22 disease to such an extent that, for his own welfare or the welfare of 23 others or of the community, he requires care, treatment or 24 hospitalization; 25 (2) ‘Likelihood of serious harm’ means because of mental 26 illness there is: (1) a substantial risk of physical harm to the person 27 himself as manifested by evidence of threats of, or attempts at, 28 suicide or serious bodily harm; (2) a substantial risk of physical 29 harm to other persons as manifested by evidence of homicidal or 30 other violent behavior and serious harm to them; or (3) a very 31 substantial risk of physical impairment or injury to the person 32 himself as manifested by evidence that such person’s judgment is 33 so affected that he is unable to protect himself in the community 34 and that reasonable provision for his protection is not available in 35 the community; 36 (3) ‘Patient’ means any person who seeks hospitalization or 37 treatment under the provisions of this chapter, Chapter 9, Chapter 38 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 39 27, or any person for whom such hospitalization or treatment is 40 sought; 41 (4) ‘Officer of the peace’ means any State, county or city 42 police officer, officer of the State Highway Patrol, sheriff or 43 deputy sheriff;
1 [80] 174 1 (5) ‘Licensed physician’ means an individual licensed under 2 the laws of this State to practice medicine or a medical officer of 3 the government of the United States while in this State in the 4 performance of his official duties; 5 (6) ‘Nonresident licensed physician’ means an individual 6 licensed under the laws of another state to practice medicine or a 7 medical officer of the government of the United States while 8 performing his official duties in such state; 9 (7) ‘Designated examiner’ means a physician duly licensed by 10 the Board of Medical Examiners of this State or a person 11 registered by the Commission Division of Mental Health as 12 specially qualified, under standards established by it, in the 13 diagnosis of mental or related illnesses; 14 (8) ‘Superintendent or Director’ means the chief executive 15 officer of any mental health facility or hospital receiving patients 16 under the provisions of this chapter, Chapter 9, Chapter 11, 17 Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, 18 or a physician appointed as the designee of such superintendent; 19 (9) ‘Director Division Chief’ means the Director Division 20 Chief of the Department Division of Mental Health; 21 (10) ‘Department Division’ means the South Carolina 22 Department Division of Mental Health in the Department of 23 Behavioral Health Services; 24 (11) ‘Treatment’ means the broad range of emergency, 25 outpatient, intermediate, and inpatient services and care, including 26 diagnostic evaluation, medical, psychiatric, psychological, and 27 social service care, vocational rehabilitation and counseling, which 28 may be extended to a patient; 29 (12) ‘Discharge’ means an absolute release or dismissal from an 30 institution; 31 (13) ‘Leave of absence’ means a qualified release from an 32 institution; 33 (14) ‘State mental health facility’ or ‘facility’ means any 34 hospital, clinic, or other institution maintained by the State for the 35 care and treatment of persons who have psychiatric illness; 36 (15) ‘Hospital’ means a public or private hospital; 37 (16) ‘Mental health clinic’ means any institution, or part thereof, 38 maintained by the State for the diagnosis, treatment and care on an 39 outpatient basis; 40 (17) ‘State hospital’ means a hospital, or part thereof, equipped 41 to provide inpatient care and treatment and maintained by the 42 State;
1 [80] 175 1 (18) ‘Parent’ means natural parent, adoptive parent, stepparent, 2 or person with legal custody; 3 (19) ‘Guardian’ or ‘legal guardian’ means a person who legally 4 has the care and management of the person of one who is not sui 5 juris; 6 (20) ‘Nearest friend’ means any responsible person who, in the 7 absence of a parent, guardian, or spouse, undertakes to act for and 8 on behalf of another individual who is incapable of acting for 9 himself for that individual’s benefit, whether or not the individual 10 for whose benefit he acts is under legal disability; 11 (21) ‘Interested person’ means a parent, guardian, spouse, adult 12 next of kin, or nearest friend; 13 (22) ‘Attending physician’ means the staff physician charged 14 with primary responsibility for the treatment of a patient; 15 (23) ‘Conservator’ means a person who legally has the care and 16 management of the estate of one who is incapable of managing his 17 own estate, whether or not he has been declared legally 18 incompetent; 19 (24) ‘Observation’ means diagnostic evaluation, medical, 20 psychiatric and psychological examination and care of a person for 21 the purpose of determining his mental condition; 22 (25) ‘Mentally retarded person’ means any person, other than a 23 mentally ill person primarily in need of mental health services, 24 whose inadequately developed or impaired intelligence and 25 adaptive level of behavior require for his benefit, or that of the 26 public, special training, education, supervision, treatment, care or 27 control in his home or community or in a service facility or 28 program under the control and management of the Department of 29 Disabilities and Special Needs; 30 (26) ‘State of citizenship’ means the last state in which a person 31 resided for one or more consecutive years, exclusive of time spent 32 in public or private hospitals and penal institutions or on parole or 33 unauthorized absence therefrom and of time spent in service in any 34 of the Armed Forces of the United States; the residence of a person 35 shall be determined by the actual physical presence, not by the 36 expressed intent of such person. 37 38 Section 44-23-20. The provisions of this chapter, Chapter 9, 39 Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and 40 Chapter 27, shall not be construed as applying do not apply to 41 Whitten Center. 42
1 [80] 176 1 Section 44-23-30. A nonresident licensed physician may 2 examine a patient who is institutionalized or is temporarily visiting 3 or residing in another state but whose domiciliary residence is in a 4 particular county in this State. 5 6 Section 44-23-40. Any person affected by the rules and 7 regulations of the Department Division of Mental Health adopted 8 pursuant to Section 44-9-100 shall have the right to appeal 9 therefrom to any court of record. 10 11 Article 3 12 13 Detention, Confinement and Transfer of Confined Persons 14 15 Section 44-23-210. A person confined in a state institution or a 16 person confined in a state or private mental health or mental 17 retardation facility may be transferred to another mental health or 18 mental retardation facility if: 19 (1) the superintendent of a state institution not under the 20 jurisdiction of the Department Division of Mental Health or the 21 director of a treatment facility under the jurisdiction of the 22 Department Division of Mental Health requests the admission of a 23 person confined there to a state mental health facility if the person 24 is suspected of being mentally ill. If after full examination by two 25 designated examiners, one of whom must be a licensed physician, 26 the director of the mental health facility is of the opinion that the 27 person is mentally ill, the director shall notify the superintendent 28 of the institution or the director of the facility to which the person 29 was admitted who shall commence proceedings pursuant to 30 Sections 44-17-510 through 44-17-610; 31 (2) the director of a facility in which the patient resides 32 determines that it would be consistent with the medical needs of 33 the person, the Department Division of Mental Health may transfer 34 or authorize the transfer of the patient from one facility to another. 35 If the transfer is from a less restricted facility to a substantially 36 more secure facility and the patient objects to the transfer, a 37 hearing to give the patient a reasonable opportunity to contest the 38 transfer must be held pursuant to Sections 44-17-540 through 39 44-17-570. When a patient is transferred, written notice must be 40 given to the patient’s legal guardian, attorney, parents or spouse or, 41 if none be known, to the patient’s nearest known relative or friend. 42 This section may shall not be construed to apply to transfers of a 43 patient within a mental health facility; or
1 [80] 177 1 (3) the legal guardian, parent, spouse, relative, or friend of an 2 involuntary patient submits a request for the transfer of the patient 3 from one facility to another and the reasons for desiring the 4 transfer to the Department Division of Mental Health and unless 5 the Department Division of Mental Health reasonably determines 6 that it would be inconsistent with the medical needs of the person, 7 the transfer must be made. If the transfer is from a less restricted 8 to a substantially more secure facility, item (2) governs. 9 10 Section 44-23-220. No person who is mentally ill or mentally 11 retarded shall be confined for safekeeping in any jail. If it appears 12 to the officer in charge of the jail that such a person is in prison, he 13 shall immediately cause the person to be examined by two 14 examiners designated by the Department Division of Mental 15 Health or the Department of Disabilities and Special Needs or 16 both, and if in their opinion admission to a mental health or 17 retardation facility is warranted, the officer in charge of the jail 18 shall commence proceedings pursuant to Sections 44-17-510 19 through 44-17-610, or Section 44-21-90. If hospitalization is 20 ordered the person shall be discharged from the custody of the 21 officer in charge of the jail and shall be admitted to an appropriate 22 mental health or retardation facility. 23 24 Section 44-23-240. Any person who wilfully causes, or 25 conspires with or assists another to cause the unwarranted 26 confinement of any individual under the provisions of this chapter, 27 Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, 28 Chapter 17 or Chapter 27, shall be fined not exceeding one 29 thousand dollars or imprisoned for not exceeding one year, or both. 30 31 Section 44-23-250. Whenever reference is made requiring the 32 signature of the superintendent of any institution it shall mean the 33 superintendent or his designee. 34 35 Article 5 36 37 Fitness to Stand Trial 38 39 Section 44-23-410. Whenever a judge of the Circuit Court or 40 Family Court has reason to believe that a person on trial before 41 him, charged with the commission of a criminal offense or civil 42 contempt, is not fit to stand trial because the person lacks the 43 capacity to understand the proceedings against him or to assist in
1 [80] 178 1 his own defense as a result of a lack of mental capacity, the judge 2 shall: 3 (1) order examination of the person by two examiners 4 designated by the Department Division of Mental Health if the 5 person is suspected of having a mental illness or designated by the 6 Department of Disabilities and Special Needs if the person is 7 suspected of being mentally retarded or having a related disability 8 or by both sets of examiners if the person is suspected of having 9 both mental illness and mental retardation or a related disability; 10 the examination must be made within fifteen days after the receipt 11 of the court’s order and may be conducted in any suitable place 12 unless otherwise designated by the court; or 13 (2) order the person committed for examination and 14 observation to an appropriate facility of the Department Division 15 of Mental Health or the Department of Disabilities and Special 16 Needs for a period not to exceed fifteen days. If at the end of 17 fifteen days the examiners have been unable to determine whether 18 the person is fit to stand trial, the director of the facility shall 19 request in writing an additional period for observation not to 20 exceed fifteen days. If the person or his counsel requests, the 21 person may be examined additionally by a designated examiner of 22 his choice. The report of the examination is admissible as 23 evidence in subsequent hearings pursuant to Section 44-23-430. 24 However, the court may prescribe the time and conditions under 25 which the independent examination is conducted. If the examiners 26 designated by the Department Division of Mental Health find 27 indications of mental retardation or a related disability but not 28 mental illness, the department Division of Mental Health shall not 29 render an evaluation on the person’s mental capacity, but shall 30 inform the court that the person is ‘not mentally ill’ and 31 recommend that the person should be evaluated for competency to 32 stand trial by the Department of Disabilities and Special Needs. If 33 the examiners designated by the Department of Disabilities and 34 Special Needs find indications of mental illness but not mental 35 retardation or a related disability, the department shall not render 36 an evaluation on the person’s mental capacity, but shall inform the 37 court that the person does ‘not have mental retardation or a related 38 disability’ and recommend that the person should be evaluated for 39 competency to stand trial by the Department Division of Mental 40 Health. If either the Department Division of Mental Health or the 41 Department of Disabilities and Special Needs finds a preliminary 42 indication of a dual diagnosis of mental illness and mental 43 retardation or a related disability, this preliminary finding must be
1 [80] 179 1 reported to the court with the recommendation that one examiner 2 from the Department Division of Mental Health and one examiner 3 from the Department of Disabilities and Special Needs be 4 designated to further evaluate the person and render a final report 5 on his mental capacity. 6 7 Section 44-23-420. Within five days of examination under 8 Section 44-23-410(1) or at the conclusion of the observation 9 period under Section 44-23-410(2), the designated examiners shall 10 make a written report to the court which shall include: 11 (1) A diagnosis of the person’s mental condition, and 12 (2) Clinical findings bearing on the issues of whether or not the 13 person is capable of understanding the proceedings against him 14 and assisting in his own defense, and if there is a substantial 15 probability that he will attain that capacity in the foreseeable 16 future. 17 The report of the designated examiners shall not contain any 18 findings nor shall the examiners testify on the question of insanity 19 should it be raised as a defense unless further examination on the 20 question of insanity is ordered by the court. 21 22 Section 44-23-430. Upon receiving the report of the designated 23 examiners the court shall set a date for and notify the person and 24 his counsel of a hearing on the issue of his fitness to stand trial. If, 25 in the judgment of the designated examiners or the superintendent 26 of the facility if the person has been detained, the person is in need 27 of hospitalization, the court with criminal jurisdiction over the 28 person may authorize his detention in a suitable facility until the 29 hearing. The person shall be entitled to be present at the hearings 30 and to be represented by counsel. If upon completion of the 31 hearing and consideration of the evidence the court finds that: 32 (1) The person is fit to stand trial, it shall order the criminal 33 proceedings resumed; or 34 (2) The person is unfit to stand trial for the reasons set forth in 35 Section 44-23-410 and is unlikely to become fit to stand trial in the 36 foreseeable future, the solicitor responsible for the criminal 37 prosecution shall initiate judicial admission proceedings pursuant 38 to Sections 44-17-510 through 44-17-610 or Section 44-20-450 39 within sixty days during which time the court shall order him 40 hospitalized; or 41 (3) The person is unfit to stand trial but likely to become fit in 42 the foreseeable future, the court shall order him hospitalized for an 43 additional sixty days. If the person is found to be unfit at the
1 [80] 180 1 conclusion of the additional period the solicitor responsible for the 2 criminal prosecution shall initiate judicial admission proceedings 3 pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of 4 Chapter 21 of this title within fourteen days during which time the 5 person shall remain hospitalized. 6 Subject to the provisions of Section 44-23-460, patients against 7 whom criminal charges are pending shall have all the rights and 8 privileges of other involuntarily hospitalized patients. 9 Persons against whom criminal charges are pending but who are 10 not ordered hospitalized following judicial admission proceedings 11 shall be released. 12 13 Section 44-23-440. A finding of unfitness to stand trial under 14 Section 44-23-430 does not preclude any legal objection to the 15 prosecution of the individual which is susceptible of fair 16 determination prior to trial and without the personal participation 17 of the defendant. 18 If either the person found unfit to stand trial or his counsel 19 believes he can establish a defense of not guilty to the charges 20 other than the defense of insanity, he may request an opportunity 21 to offer a defense on the merits to the court. The court may require 22 affidavits and evidence in support of such request. If the court 23 grants such request, the evidence of the State and the defendant 24 shall be heard before the court sitting without a jury. If after 25 hearing such petition the court finds the evidence is such as would 26 entitle the defendant to a directed verdict of acquittal, it shall 27 dismiss the indictment or other charges. 28 29 Section 44-23-450. A finding of unfitness to stand trial under 30 Section 44-23-430 may be reexamined by the court upon its own 31 motion, or that of the prosecuting attorney, the person found unfit 32 to stand trial, his legal guardian, or his counsel. Upon receipt of 33 the petition, the court shall order an examination by two 34 designated examiners whose report shall be submitted to the court 35 and shall include underlying facts and conclusions. The court shall 36 notify the individual, his legal guardian, and his counsel of a 37 hearing at least ten days prior to such hearing. The court shall 38 conduct the proceedings in accordance with Section 44-23-430, 39 except that any petition that is filed within six months after the 40 initial finding of unfitness or within six months after the filing of a 41 previous petition under this section shall be dismissed by the court 42 without a hearing. 43
1 [80] 181 1 Section 44-23-460. When the superintendent of a hospital or 2 mental retardation facility believes that a person against whom 3 criminal charges are pending no longer requires hospitalization, 4 the court in which criminal charges are pending shall be notified 5 and shall set a date for and notify the person of a hearing on the 6 issue of fitness pursuant to Section 44-23-430. At such time, the 7 person shall be entitled to assistance of counsel. 8 (1) If upon the completion of the hearing, the court finds the 9 person unfit to stand trial, it shall order his release from the 10 hospital; and 11 (2) If such a person has been hospitalized for a period of time 12 exceeding the maximum possible period of imprisonment to which 13 the person could have been sentenced if convicted as charged, the 14 court shall order the charges dismissed and the person released; or 15 (3) The court may order that criminal proceedings against a 16 person who has been found fit to stand trial be resumed, or the 17 court may dismiss criminal charges and order the person released 18 if so much time has elapsed that prosecution would not be in the 19 interest of justice. 20 21 Article 11 22 23 Treatment, Rights, Privileges and Expenses of Patients Generally 24 25 Section 44-23-1080. No patient or prisoner under the 26 jurisdiction of the South Carolina Department Division of Mental 27 Health is allowed access to alcoholic beverages, firearms, 28 dangerous weapons, or controlled substances as defined by Section 29 44-53-110. Any person who intentionally or negligently allows 30 patients or prisoners of the department Division of Mental Health 31 access to these items or who attempts to furnish these items to 32 patients or prisoners of the department Division of Mental Health 33 is guilty: 34 (1) in the case of alcoholic beverages or controlled substances, 35 of a misdemeanor and, upon conviction, must be punished by a 36 fine of not less than one hundred dollars nor more than ten 37 thousand dollars or imprisonment for not less than thirty days nor 38 more than ten years, or both; and 39 (2) in the case of firearms or dangerous weapons, of a felony 40 and, upon conviction, must be punished by a fine of not less than 41 one thousand dollars nor more than ten thousand dollars or 42 imprisonment for not less than one year nor more than ten years, or 43 both.
1 [80] 182 1 2 Section 44-23-1100. Any copies of completed forms retained 3 by judges of probate shall be safeguarded in a confidential file, and 4 the information therein contained shall not be disclosed except 5 pursuant to Section 44-22-100. 6 7 Section 44-23-1110. The Department Division of Mental 8 Health shall establish the charges for maintenance and medical 9 care for patients, other than beneficiary, of State mental health 10 facilities. These charges shall be based upon the per capita costs 11 per day of the services rendered, which may include costs of 12 operation, costs of depreciation, and all other elements of cost, 13 which may be adjusted from time to time as the Department 14 Division of Mental Health considers advisable. It shall establish a 15 reasonable scale of fees to be charged patients, other than 16 beneficiary, served by the mental health clinics and shall retain 17 these fees for use in defraying the expenses of the clinics. 18 19 Section 44-23-1120. Upon the death of a person who is or has 20 been a patient or trainee of a State mental health facility the 21 executor or administrator and the judge of probate shall notify the 22 Department Division of Mental Health in writing. If the decedent 23 was cared for at the expense of the State during his confinement, 24 the Department Division of Mental Health shall present a claim for 25 the amount due, and this claim shall be allowed and paid as other 26 lawful claims against the estate. The Department Division of 27 Mental Health may waive the presentation of any claim when, in 28 its opinion, an otherwise dependent person would be directly 29 benefited by waiver. 30 31 Section 44-23-1130. The Department Division of Mental 32 Health shall make investigations and ascertain which of the 33 patients or trainees of State mental health facilities or which of the 34 parents, guardians, trustees, committees or other persons legally 35 responsible therefor are financially able to pay the expenses of the 36 care and treatment, and it may contract with any of these persons 37 for a patient’s or trainee’s care and treatment. The Department 38 Division of Mental Health may require any county or State agency 39 which might have or might be able to obtain information which 40 would be helpful to it in making this investigation to furnish this 41 information upon request. In arriving at the amount to be paid the 42 Department Division of Mental Health shall have due regard for 43 the financial condition and estate of the patient or trainee, his
1 [80] 183 1 present and future needs and the present and future needs of his 2 lawful dependents, and whenever considered necessary to protect 3 him or his dependents may agree to accept a monthly sum less than 4 the actual per capita cost. 5 6 Section 44-23-1140. There is hereby created a general lien 7 upon the real and personal property of any person who is receiving 8 or who has received care or treatment in a State mental health 9 facility, to the extent of the total expense to the State in providing 10 the care, training or treatment. The Department Division of 11 Mental Health shall send to the clerk of court or the register of 12 deeds in those counties having such officer and the judge of 13 probate of the county of the patient’s or trainee’s known or last 14 known residence a statement showing the name of the patient or 15 trainee and the date upon which the lien attaches, which shall be 16 filed in the offices of the clerk of court or the register of deeds in 17 those counties having such officer and the judge of probate in each 18 county in which the patient or trainee then owns or thereafter 19 acquires property, real or personal, and no charge shall be made for 20 this filing. From the time of filing in either office, the statement 21 shall constitute due notice of the lien against all property then 22 owned or thereafter acquired by the patient or trainee. No action to 23 enforce the lien may be brought more than one year after the 24 patient’s or trainee’s death. This lien shall in no way affect the 25 right of homestead. 26 27 Section 44-23-1150. (A) As used in this section: 28 (1) ‘Actor’ means an employee, volunteer, agent, or 29 contractor of a public entity that has statutory or contractual 30 responsibility for inmates or patients confined in a prison, jail, or 31 mental health facility. Actor includes individuals who supervise 32 inmate labor details outside of an institution or who have 33 supervisory responsibility for offenders on parole, probation, or 34 other community supervision programs. 35 (2) ‘Victim’ means an inmate or patient who is confined in 36 or lawfully or unlawfully absent from a prison, jail, or mental 37 health facility, or who is an offender on parole, probation, or other 38 community supervision programs. A victim is not capable of 39 providing consent for sexual intercourse or sexual contact with an 40 actor. 41 (B) An actor is guilty of sexual misconduct when the actor, 42 knowing that the victim is an inmate, offender, or patient 43 voluntarily engages with the victim in an act of sexual intercourse,
1 [80] 184 1 whether vaginal, oral, or anal, or other sexual contact for the 2 purpose of sexual gratification. 3 (C)(1) When the sexual misconduct involves an act of sexual 4 intercourse, whether vaginal, oral, or anal, the actor is guilty of the 5 felony of sexual misconduct, first degree and, upon conviction, 6 must be imprisoned for not more than ten years. 7 (2) When the sexual misconduct does not involve sexual 8 intercourse but involves other sexual contact which is engaged in 9 for sexual gratification, the actor is guilty of the felony of sexual 10 misconduct, second degree and, upon conviction, must be 11 imprisoned for not more than five years. The term sexual contact, 12 as used in this subsection, refers to an intrusion of any part of a 13 person’s body or of any object into the ‘intimate parts’, as defined 14 in Section 16-3-651(d), of another person’s body, or to the 15 fondling of the ‘intimate parts’ of another person’s body, which is 16 done in a manner not required by professional duties, but instead is 17 done to demonstrate affection, sexually stimulate that person or 18 another person, or harass that person. 19 (D) A person who knowingly or wilfully submits inaccurate or 20 untruthful information concerning sexual misconduct as defined in 21 this section is guilty of the misdemeanor of falsely reporting sexual 22 misconduct and, upon conviction, must be imprisoned for not more 23 than one year. 24 (E) A person who has knowledge of sexual misconduct who 25 has received information in the person’s professional capacity and 26 fails to report it to the appropriate law enforcement authority, or a 27 person who threatens or attempts to intimidate a witness is guilty 28 of a misdemeanor and, upon conviction, must be fined not more 29 then five hundred dollars or imprisoned for not more than six 30 months, or both.” 31 32 SECTION 55. Sections 44-27-10 and 44-27-30 of the 1976 Code 33 are amended to read: 34 35 “Section 44-27-10. When the individual is admitted to any 36 institution operated by any agency of the United States within or 37 without this State, he shall be subject to the rules and regulations 38 of the agency. The superintendent of any institution operated by 39 the agency and in which the individual is confined shall, with 40 respect to the individual, be vested with the same powers as the 41 superintendents of institutions or the Department Division of 42 Mental Health in the Department of Behavioral Health Services
1 [80] 185 1 within this State with respect to detention, custody, transfer, 2 conditional discharge or discharge of patients. 3 4 Section 44-27-30. Upon receipt of a certificate of an agency of 5 the United States that facilities are available for the care or 6 treatment of any individual confined pursuant to law in any State 7 mental health facility and that such individual is eligible for care or 8 treatment in an institution of the agency, the Department Division 9 of Mental Health in the Department of Behavioral Health Services 10 may cause his transfer to the agency of the United States for 11 confinement. Upon effecting the transfer, the court ordering 12 confinement, the legal guardian, spouse and parents or, if none be 13 known, his nearest known relative or friend shall be notified 14 thereof immediately by the Department Division of Mental Health 15 in the Department of Behavioral Health Services. No person shall 16 be transferred to an agency of the United States if he be confined 17 pursuant to conviction of any felony or misdemeanor or if he has 18 been acquitted of the charge solely on the ground of mental illness 19 unless prior to transfer the court originally ordering his 20 confinement shall enter an order for transfer after appropriate 21 motion and hearing. Any person transferred as provided in this 22 section to an agency of the United States shall be deemed to be 23 confined by the agency pursuant to the original order of 24 confinement.” 25 26 SECTION 56. Section 44-28-20 of the 1976 Code is amended to 27 read: 28 29 “Section 44-28-20. For the purpose of this chapter “a 30 self-sufficiency trust” means a trust created by a nonprofit 31 corporation exempt from federal income taxes pursuant to Section 32 501(c)(3) of the Internal Revenue Code of 1986 and organized for 33 purposes of providing care or treatment of one or more 34 developmentally disabled, mentally ill, or physically handicapped 35 persons eligible for services of the South Carolina Department of 36 Disabilities and Special Needs, State Department Division of 37 Mental Health, Department of Behavioral Health Services, or the 38 State Agency of Vocational Rehabilitation.” 39 40 SECTION 57. Section 44-28-40 of the 1976 Code is amended to 41 read: 42
1 [80] 186 1 “Section 44-28-40. (A) The South Carolina Department of 2 Disabilities and Special Needs, State Department Division of 3 Mental Health, or the State Agency of Vocational Rehabilitation 4 must provide care or treatment for a beneficiary from monies 5 available from the beneficiary’s account maintained in the 6 Self-Sufficiency Trust Fund. 7 (B) Upon proper certification by the South Carolina 8 Department of Disabilities and Special Needs, the State 9 Department Division of Mental Health, or the State Agency of 10 Vocational Rehabilitation, the State Treasurer shall process 11 vouchers from the Self-Sufficiency Trust Fund accounts for 12 services provided pursuant to this section.” 13 14 SECTION 58. Section 44-28-60 of the 1976 Code is amended to 15 read: 16 17 “Section 44-28-60. Money not usable for supplemental care and 18 treatment to be returned to depositing trust; interest. If the State 19 Treasurer after consultation with the South Carolina Department of 20 Disabilities and Special Needs, the State Department Division of 21 Mental Health, or the State Agency of Vocational Rehabilitation 22 determines that the money in the account of a named beneficiary 23 cannot be used for supplemental care or treatment of the 24 beneficiary in a manner consistent with the agreement or upon 25 request of the trustee of the self-sufficiency trust, the remaining 26 money in the account and any accumulated interest promptly must 27 be returned to the self-sufficiency trust which deposited the money 28 in the Self-Sufficiency Trust Fund.” 29 30 SECTION 59. Section 44-28-80 of the 1976 Code is amended to 31 read: 32 33 “Section 44-28-80. The South Carolina Department of 34 Disabilities and Special Needs, the State Department Division of 35 Mental Health, and the State Agency of Vocational Rehabilitation 36 shall promulgate regulations necessary for the implementation and 37 administration of the Self-Sufficiency Trust Fund.” 38 39 SECTION 60. Section 44-28-360 of the 1976 Code is amended 40 to read: 41 42 “Section 44-28-360. The South Carolina Department of 43 Disabilities and Special Needs, State Department Division of
1 [80] 187 1 Mental Health, or State Agency of Vocational Rehabilitation must 2 provide care or treatment for the beneficiary from monies available 3 from the Disability Trust Fund. These agencies are responsible 4 only for the beneficiaries that meet their individual eligibility 5 criteria.” 6 7 SECTION 61. Section 44-28-370 of the 1976 Code is amended 8 to read: 9 10 “Section 44-28-370. The South Carolina Department of 11 Disabilities and Special Needs, the State Department Division of 12 Mental Health, and the State Department of Vocational 13 Rehabilitation shall promulgate regulations necessary for the 14 implementation and administration of the Disability Trust Fund.” 15 16 SECTION 62. Section 44-36-20(A) of the 1976 Code is 17 amended to read: 18 19 “(A) The School of Public Health shall appoint an advisory 20 committee to assist in maintaining this registry which must 21 include, but is not limited to, a representative of: 22 (1) South Carolina Alzheimer’s Association chapters; 23 (2) American Association of Retired Persons, South 24 Carolina Chapters; 25 (3) Clemson University; 26 (4) Department of Disabilities and Special Needs; 27 (5) Department of Health and Environmental Control; 28 (6) Department Division of Mental Health in the Department 29 of Behavioral Health Services; 30 (7) Department of Social Services; 31 (8) Department of Health and Human Services Oversight 32 and Finance; 33 (9) Medical University of South Carolina; 34 (10) National Association of Social Workers, South Carolina 35 Chapter; 36 (11) South Carolina Adult Day Care Association; 37 (12) South Carolina Association of Area Agencies on Aging; 38 (13) South Carolina Association of Council on Aging 39 Directors; 40 (14) South Carolina Association of Nonprofit Homes for the 41 Aging; 42 (15) South Carolina Association of Residential Care Homes; 43 (16) South Carolina Health Care Association;
1 [80] 188 1 (17) South Carolina Home Care Association; 2 (18) South Carolina Hospital Association; 3 (19) South Carolina Medical Association; 4 (20) South Carolina Nurses’ Association; 5 (21) Alzheimer’s Disease and Related Disorders Resource 6 Coordination Center, Office of the Governor, Division on Aging; 7 (22) University of South Carolina; 8 (23) South Carolina State University.” 9 10 SECTION 63. Section 44-36-330(A) of the 1976 Code is 11 amended to read: 12 13 “(A) The Alzheimer’s Disease and Related Disorders Resource 14 Coordination Center must be supported by an advisory council 15 appointed by the Governor including, but not limited to, 16 representatives of: 17 (1) Alzheimer’s Association Chapters; 18 (2) American Association of Retired Persons; 19 (3) Clemson University; 20 (4) Department of Disabilities and Special Needs; 21 (5) Department of Health and Environmental Control; 22 (6) Department Division of Mental Health in the Department 23 of Behavioral Health Services; 24 (7) Department of Social Services; 25 (8) Department of Health and Human Services Oversight 26 and Finance.; 27 (9) Medical University of South Carolina; 28 (10) National Association of Social Workers, South Carolina 29 Chapter; 30 (11) South Carolina Adult Day Care Association; 31 (12) South Carolina Association of Area Agencies on Aging; 32 (13) South Carolina Association of Council on Aging 33 Directors; 34 (14) South Carolina Association of Nonprofit Homes for the 35 Aging; 36 (15) South Carolina Association of Residential Care Homes; 37 (16) South Carolina Health Care Association; 38 (17) South Carolina Home Care Association; 39 (18) South Carolina Hospital Association; 40 (19) South Carolina Medical Association; 41 (20) South Carolina Nurses’ Association; 42 (21) Statewide Alzheimer’s Disease and Related Disorders 43 Registry;
1 [80] 189 1 (22) University of South Carolina; 2 (23) South Carolina State University.” 3 4 SECTION 64. Section 44-37-40(G) of the 1976 Code is 5 amended to read: 6 7 “(G) The department and the Department of Health and Human 8 Services Oversight and Finance shall establish procedures for 9 providing reimbursement for expenses incurred by entities 10 providing newborn hearing screenings under this section.” 11 12 SECTION 65. Section 44-38-380(A)(1) of the 1976 Code is 13 amended to read: 14 15 “(1) the following members or a designee, who shall serve ex 16 officio: 17 (a) Chairperson for the Joint Legislative Committee for the 18 Disabled; 19 (b) Director of the State Department of Disabilities and 20 Special Needs; 21 (c) Commissioner of the State Agency for Vocational 22 Rehabilitation; 23 (d) Director of the University Affiliated Program of the 24 University of South Carolina; 25 (e) Director of the South Carolina Developmental 26 Disabilities Council; 27 (f) Director of Special Education of the State Department of 28 Education; 29 (g) Director of the Interagency Office of Disability 30 Prevention; 31 (h) Director Division Chief of the Continuum of Care for 32 Emotionally Disturbed Children Division of the Governor’s Office 33 Division, Department of Behavioral Health Services; 34 (i)Executive Director of the South Carolina Health and 35 Human Services Finance Commission Oversight and Finance; 36 (j)Director of the State Department Division Chief of the 37 Division of Mental Health, Department of Behavioral Health 38 Services; 39 (k) Commissioner of the South Carolina Department of 40 Health and Environmental Control; 41 (l)Commissioner of the South Carolina Commission for the 42 Blind;” 43
1 [80] 190 1 SECTION 66. Section 44-48-30(5) of the 1976 Code is amended 2 to read: 3 4 “(5) ‘Agency with jurisdiction’ means that agency which, upon 5 lawful order or authority, releases a person serving a sentence or 6 term of confinement and includes the South Carolina Department 7 of Corrections, the South Carolina Department of Probation, 8 Parole, and Pardon Services, the Board of Probation, Parole, and 9 Pardon Services, the Department of Juvenile Justice, the Juvenile 10 Parole Board, and the Department Division of Mental Health.” 11 12 SECTION 67. Section 44-48-30(11) of the 1976 Code is 13 amended by adding at the end: 14 15 “(11) ‘Division’ means the Division of Mental Health in the 16 Department of Behavioral Health Services.” 17 18 SECTION 68. Section 44-48-50 of the 1976 Code is amended to 19 read: 20 21 “Section 44-48-50. The Director of the Department of 22 Corrections shall appoint a multidisciplinary team to review the 23 records of each person referred to the team pursuant to Section 24 44-48-40. These records may include, but are not limited to, the 25 person’s criminal offense record, any relevant medical and 26 psychological records, treatment records, and any disciplinary or 27 other records formulated during confinement or supervision. The 28 team, within thirty days of receiving notice as provided for in 29 Section 44-48-40, shall assess whether or not the person satisfies 30 the definition of a sexually violent predator. If it is determined 31 that the person satisfies the definition of a sexually violent 32 predator, the multidisciplinary team must forward a report of the 33 assessment to the prosecutor’s review committee. The assessment 34 must be accompanied by all records relevant to the assessment. 35 Membership of the team must include: 36 (1) a representative from the Department of Corrections; 37 (2) a representative from the Department of Probation, Parole, 38 and Pardon Services; 39 (3) a representative from the Department Division of Mental 40 Health in the Department of Behavioral Health Services of who is 41 a trained, qualified mental health clinician with expertise in 42 treating sexually violent offenders;
1 [80] 191 1 (4) a retired judge appointed by the Chief Justice who is 2 eligible for continued judicial service pursuant to Section 3 2-19-100; and 4 (5) the Chief Attorney of the Office of Appellate Defense or 5 his designee. 6 The Director of the Department of Corrections or his designee 7 shall be the chairman of the team.” 8 9 SECTION 69. Section 44-48-100 of the 1976 Code is amended 10 to read: 11 12 “Section 44-48-100. (A) The court or jury shall determine 13 whether, beyond a reasonable doubt, the person is a sexually 14 violent predator. If a jury determines that the person is a sexually 15 violent predator, the determination must be by unanimous verdict. 16 If the court or jury determines that the person is a sexually violent 17 predator, the person must be committed to the custody of the 18 Department Division of Mental Health for control, care, and 19 treatment until such time as the person’s mental abnormality or 20 personality disorder has so changed that the person is safe to be at 21 large and has been released pursuant to this chapter. The control, 22 care, and treatment must be provided at a facility operated by the 23 Department Division of Mental Health. At all times, a person 24 committed for control, care, and treatment by the Department 25 Division of Mental Health pursuant to this chapter must be kept in 26 a secure facility, and the person must be segregated at all times 27 from other patients under the supervision of the Department 28 Division of Mental Health. The Department Division of Mental 29 Health may enter into an interagency agreement with the 30 Department of Corrections for the control, care, and treatment of 31 these persons. A person who is in the confinement of the 32 Department of Corrections pursuant to an interagency agreement 33 authorized by this chapter must be kept in a secure facility and 34 must, if practical and to the degree possible, be housed and 35 managed separately from offenders in the custody of the 36 Department of Corrections. If the court or jury is not satisfied 37 beyond a reasonable doubt that the person is a sexually violent 38 predator, the court shall direct the person’s release. Upon a 39 mistrial, the court shall direct that the person be held at an 40 appropriate secure facility including, but not limited to, a local or 41 regional detention facility until another trial is conducted. A 42 subsequent trial following a mistrial must be held within ninety 43 days of the previous trial, unless the subsequent trial is continued.
1 [80] 192 1 The court or jury’s determination that a person is a sexually violent 2 predator may be appealed. The person must be committed to the 3 custody of the Department Division of Mental Health pending his 4 appeal. 5 (B) If the person charged with a sexually violent offense has 6 been found incompetent to stand trial and is about to be released 7 and the person’s commitment is sought pursuant to subsection (A), 8 the court first shall hear evidence and determine whether the 9 person committed the act or acts with which he is charged. The 10 hearing on this issue must comply with all the procedures specified 11 in this section. In addition, the rules of evidence applicable in 12 criminal cases apply, and all constitutional rights available to 13 defendants at criminal trials, other than the right not to be tried 14 while incompetent, apply. After hearing evidence on this issue, 15 the court shall make specific findings on whether the person 16 committed the act or acts with which he is charged; the extent to 17 which the person’s incompetence or developmental disability 18 affected the outcome of the hearing, including its effect on the 19 person’s ability to consult with and assist counsel and to testify on 20 the person’s own behalf; the extent to which the evidence could be 21 reconstructed without the assistance of the person; and the strength 22 of the prosecution’s case. If, after the conclusion of the hearing on 23 this issue, the court finds beyond a reasonable doubt that the 24 person committed the act or acts with which he is charged, the 25 court shall enter a final order, appealable by the person, on that 26 issue, and may proceed to consider whether the person should be 27 committed pursuant to this chapter.” 28 29 SECTION 70. Sections 44-48-110, 44-48-120, and 44-48-130 of 30 the 1976 Code are amended to read: 31 32 “Section 44-48-110. A person committed pursuant to this 33 chapter shall have an examination of his mental condition 34 performed once every year. The person may retain or, if the 35 person is indigent and so requests, the court may appoint a 36 qualified expert to examine the person, and the expert shall have 37 access to all medical, psychological, criminal offense, and 38 disciplinary records and reports concerning the person. The annual 39 report must be provided to the court which committed the person 40 pursuant to this chapter, the Attorney General, the solicitor who 41 prosecuted the person, and the multidisciplinary team. The court 42 shall conduct an annual hearing to review the status of the 43 committed person. The committed person shall not be prohibited
1 [80] 193 1 from petitioning the court for release at this hearing. The Director 2 Division Chief of the Department Division of Mental Health shall 3 provide the committed person with an annual written notice of the 4 person’s right to petition the court for release over the director’s 5 Division Chief’s objection; the notice shall contain a waiver of 6 rights. The director Division Chief shall forward the notice and 7 waiver form to the court with the annual report. The committed 8 person has a right to have an attorney represent him at the hearing, 9 but the committed person is not entitled to be present at the 10 hearing. If the court determines that probable cause exists to 11 believe that the person’s mental abnormality or personality 12 disorder has so changed that the person is safe to be at large and, if 13 released, is not likely to commit acts of sexual violence, the court 14 shall schedule a trial on the issue. At the trial, the committed 15 person is entitled to be present and is entitled to the benefit of all 16 constitutional protections that were afforded the person at the 17 initial commitment proceeding. The Attorney General shall 18 represent the State and has the right to have the committed person 19 evaluated by qualified experts chosen by the State. The trial must 20 be before a jury if requested by either the person, the Attorney 21 General, or the solicitor. The committed person also has the right 22 to have qualified experts evaluate the person on the person’s 23 behalf, and the court shall appoint an expert if the person is 24 indigent and requests the appointment. The burden of proof at the 25 trial is upon the State to prove beyond a reasonable doubt that the 26 committed person’s mental abnormality or personality disorder 27 remains such that the person is not safe to be at large and, if 28 released, is likely to engage in acts of sexual violence. 29 30 Section 44-48-120. If the Director Division Chief of the 31 Department Division of Mental Health determines that the 32 person’s mental abnormality or personality disorder has so 33 changed that the person is safe to be at large and, if released, is not 34 likely to commit acts of sexual violence, the director Division 35 Chief shall authorize the person to petition the court for release. 36 The petition shall be served upon the court and the Attorney 37 General. The court, upon receipt of the petition for release, shall 38 order a hearing within thirty days. The Attorney General shall 39 represent the State, and has the right to have the petitioner 40 examined by experts chosen by the State. The hearing must be 41 before a jury if requested by either the petitioner or the Attorney 42 General. The burden of proof is upon the Attorney General to 43 show beyond a reasonable doubt that the petitioner’s mental
1 [80] 194 1 abnormality or personality disorder remains such that the petitioner 2 is not safe to be at large and, that if released, is likely to commit 3 acts of sexual violence. 4 5 Section 44-48-130. Nothing in this chapter shall prohibit a 6 person from filing a petition for release pursuant to this chapter. 7 However, if a person has previously filed a petition for release 8 without the approval of the Director Division Chief of the 9 Department Division of Mental Health and the court determined 10 either upon review of the petition or following a hearing that the 11 petitioner’s petition was frivolous or that the petitioner’s condition 12 had not changed so that the petitioner was not safe to be at large 13 and, if released, would commit acts of sexual violence, then the 14 court shall deny the subsequent petition unless the petition 15 contains facts upon which a court could find the condition of the 16 petitioner had so changed that a hearing was warranted. Upon 17 receipt of a first or subsequent petition from a committed person 18 without the director’s Division Chief’s approval, the court shall, 19 whenever possible, review the petition and determine if the 20 petition is based upon frivolous grounds and, if so, shall deny the 21 petition without a hearing.” 22 23 SECTION 71. Chapter 49, Title 44 of the 1976 Code is amended 24 to read: 25 26 “CHAPTER 49 27 28 Department Division of Alcohol and Other Drug Abuse Services 29 30 Section 44-49-10. (A) There is established the Department 31 Division of Alcohol and Other Drug Abuse Services in the 32 Department of Behavioral Health Services. The department 33 Division shall be vested with all the functions, powers, and duties, 34 of the South Carolina Commission on Alcoholism and the South 35 Carolina Commission on Alcohol and Drug Abuse and shall have 36 full authority for formulating, coordinating, and administering the 37 state plans for controlling narcotics and controlled substances and 38 alcohol abuse. 39 (B) All functions, powers, and duties of the commissioner of 40 the narcotics and controlled substances section of the State 41 Planning and Grants Division (Division of Administration in the 42 Office of the Governor) are hereby transferred to the department 43 division, except those powers and duties related to the traffic of
1 [80] 195 1 narcotics and controlled substances as defined in Section 2 44-53-130 which shall be vested in the State Law Enforcement 3 Division. 4 (C) All rules and regulations promulgated by the commissioner 5 of narcotics and controlled substances shall remain in effect until 6 changed by the department. 7 (D) The department division is authorized to establish a block 8 grant mechanism to provide such monies as may be appropriated 9 by the Legislature for this purpose to each of the agencies 10 designated under Section 61-12-20(a). The distribution of these 11 monies must be on a per capita basis according to the most recent 12 United States Census. The agencies designated under Section 13 61-12-20(a) must expend any funds received through this 14 mechanism in accordance with the county plans required under 15 Section 61-12-20(b). 16 (E) The department division is authorized to develop such rules 17 and regulations not inconsistent with the provisions of this chapter 18 as it may find to be reasonably appropriate for the government of 19 the county plans called for in Section 61-12-20(b), and the 20 financial and programmatic accountability of funds provided under 21 this section and all other funds provided by the department 22 division to agencies designated under Section 61-12-20(a). 23 24 Section 44-49-20. The Department Division of Alcohol and 25 Other Drug Abuse Services shall be headed by a Director Division 26 Chief appointed by the Governor, upon the advice and consent of 27 the Senate Secretary of the Department of Behavioral Health 28 Services. The director Division Chief is subject to removal by the 29 Governor pursuant to the provisions of Section 1-3-240 Secretary. 30 31 Section 44-49-40. (A) The department Division of Alcohol 32 and Other Drug Abuse Services shall arrange for the exchange of 33 information between governmental officials concerning the use 34 and abuse of controlled substances. 35 (B) Results, information, and evidence received from the 36 Department of Health and Environmental Control relating to the 37 regulatory functions of this chapter and Article 3 of Chapter 53, 38 including results of inspections conducted by such department, 39 may be relied upon and acted upon by the department division in 40 conformance with its administration and coordinating duties under 41 this Chapter and Article 3 of Chapter 53. 42 (C)(1) The department division shall: Plan plan, coordinate, 43 and cooperate in educational programs for schools, communities
1 [80] 196 1 and general public designed to prevent and deter misuse and abuse 2 of controlled substances; 3 (2) Promote better recognition of the problems of misuse 4 and abuse of controlled substances within the regulated industry 5 and among interested groups and organizations; 6 (3) Assist the regulated industry, interested groups and 7 organizations in contributing to the reduction of misuse and abuse 8 of controlled substances; 9 (4) Consult with interested groups and organizations to aid 10 them in solving administrative and organizational problems; 11 (5) Evaluate procedures, projects, techniques, and controls 12 conducted or proposed as part of educational programs on misuse 13 and abuse of controlled substances; 14 (6) Disseminate the results of research on misuse and abuse 15 of controlled substances to promote a better public understanding 16 of what problems exist and what can be done to combat them; 17 (7) Assist in the education and training of state and local law 18 enforcement officials in their efforts to control misuse and abuse of 19 controlled substances; 20 (8) Encourage research on misuse and abuse of controlled 21 substances; 22 (9) Cooperate in establishing methods to assess accurately 23 the effects of controlled substances and to identify and characterize 24 controlled substances with potential for abuse; 25 (10) Cooperate in making studies and in undertaking 26 programs of research to 27 (a) Develop new or improved approaches, techniques, 28 systems, equipment and devices to strengthen the enforcement of 29 Sections 44-49-10, 44-49-40 and 44-49-50 and Article 3 of 30 Chapter 53; 31 (b) Determine patterns of misuse and abuse of controlled 32 substances and the social effects thereof; and 33 (c) Improve methods for preventing, predicting, 34 understanding and dealing with the misuse and abuse of controlled 35 substances. 36 (D) The department division may enter into contracts with 37 public agencies, institutions of higher education, and private 38 organizations or individuals for the purpose of conducting 39 research, demonstrations, or special projects which bear directly on 40 misuse and abuse of controlled substances. 41 (E) The department division may enter into contracts for 42 educational and research activities without performance bonds.
1 [80] 197 1 (F) The department division is authorized to accept gifts, 2 bequests, devises, contributions, and grants, public or private, 3 including federal funds, or funds from any other source for use in 4 furthering the purpose of the department division. The department 5 division is authorized to administer the grants and contracts arising 6 from the federal program entitled the Drug-Free Schools and 7 Communities Act of 1986, P.L. 99-570. 8 9 Section 44-49-50. It shall be the duty of all departments, 10 officers, agencies, and employees of the State to cooperate with the 11 Department Division of Alcohol and Other Drug Abuse Services 12 in carrying out its functions. The Attorney General shall furnish 13 such legal services as are necessary to the department. 14 15 Section 44-49-60. The department Division of Alcohol and 16 Other Drug Abuse Services shall appoint a supervisor of adult 17 education for the prevention of alcoholism, who shall be 18 responsible for activating and implementing an adequate alcoholic 19 education program for the citizens of this State above high school 20 age. The program shall be designed to prevent or reduce 21 alcoholism in this State and to create a recognition and 22 understanding of the problem. 23 In carrying out the provisions of this section the department 24 division and the supervisor of adult education for the prevention of 25 alcoholism may consult and work in conjunction with groups such 26 as Alcoholics Anonymous, the Yale Center of Alcohol Studies of 27 Yale University, the Research Council on Problems of Alcohol of 28 the American Association for the Advancement of Science, the 29 South Carolina Medical Association, the department Division of 30 Mental Health, Department of Behavioral Health Services, the 31 Christian Action Council, the Committee on Alcoholism of the 32 South Carolina Conference of Social Work and other groups or 33 agencies that are able to assist in the study, prevention, treatment 34 and rehabilitation of alcoholics and in a scientific educational 35 program on the problems of alcohol. 36 37 Section 44-49-70. The department Division of Alcohol and 38 Other Drug Abuse Services shall furnish the supervisor of adult 39 education for the prevention of alcoholism adequate ways and 40 means to accomplish an effective educational program for the 41 prevention of alcoholism in this State. 42
1 [80] 198 1 Section 44-49-80. The department Division of Alcohol and 2 Other Drug Abuse Services shall establish a program to provide 3 alcohol and drug abuse intervention, prevention, and treatment 4 services for the public schools of the State. The department 5 division shall provide staff and support necessary to administer the 6 program. Funds for this program must be annually appropriated 7 by the General Assembly from the Education Improvement Act of 8 1984 Fund as it determines appropriate. The appropriated funds 9 must be forwarded to the South Carolina Department of Alcohol 10 and Other Drug Abuse Services division from the Education 11 Improvement Act of 1984 Fund in the manner the State Treasurer 12 shall direct.” 13 14 SECTION 72. Sections 44-52-10(4) and (9) of the 1976 Code is 15 amended to read: 16 17 “(4) ‘Treatment facility’ means any facility licensed or 18 approved by the Department of Health and Environmental Control 19 equipped to provide for the care and treatment of chemically 20 dependent persons including the Division subdivision of Alcohol 21 and Drug Addiction Services of the South Carolina Department 22 Division of Mental Health, and any other treatment facility 23 approved by the Director of the Department Division of Mental 24 Health. 25 26 (9) ‘Division’ ‘Subdivision’ means the Division Subdivision of 27 Alcohol and Drug Addiction Services of the South Carolina 28 Department Division of Mental Health in the Department of 29 Behavioral Health Services.” 30 31 SECTION 73. Section 44-52-165(A) of the 1976 Code is 32 amended to read: 33 34 “(A) It is unlawful for a patient receiving inpatient services in a 35 program under the jurisdiction of the division in a treatment 36 facility operated by the South Carolina Department Division of 37 Mental Health to possess alcoholic beverages, firearms, dangerous 38 weapons, or controlled substances as defined by Section 39 44-53-110. A patient who violates the provisions of this section 40 while in a treatment facility is guilty, in the case of: 41 (1) alcoholic beverages, of a misdemeanor and, upon 42 conviction, must be fined not less than one hundred nor more than 43 two hundred dollars or imprisoned for not more than thirty days;
1 [80] 199 1 (2) controlled substances, of a misdemeanor and, upon 2 conviction, must be punished in accordance with Section 3 44-53-370; 4 (3) firearms or dangerous weapons, of a felony and, upon 5 conviction, must be fined not less than one thousand nor more than 6 ten thousand dollars or imprisoned for not less than one year nor 7 more than ten years, or both.” 8 9 SECTION 74. Section 44-52-200 of the 1976 Code is amended 10 to read: 11 12 “Section 44-52-200. The State Department Division of Mental 13 Health in the Department of Behavioral Services may prescribe the 14 form of applications, reports, records, and medical certificates 15 provided for under this chapter, and the information required to be 16 contained; require reports from the head of any treatment facility 17 relating to the admission, examination, diagnosis, release, or 18 discharge of any patient; visit each facility regularly; review the 19 admission procedures of all new patients admitted between visits; 20 provide care and treatment for involuntary admissions of 21 chemically dependent persons; investigate by personal visit 22 complaints made by any patient or by any person on behalf of a 23 patient; and adopt regulations not inconsistent with the provisions 24 of this chapter which it finds to be reasonably necessary for proper 25 and efficient hospitalization and care of chemically dependent 26 persons.” 27 28 SECTION 75. The definition of ‘Commission’ in Section 29 44-53-110 of the 1976 Code is amended to read: 30 31 “‘Commission Division’ means the South Carolina Commission 32 on Division of Alcohol and Drug Abuse, Department of 33 Behavioral Health Services.” 34 35 SECTION 76. Section 44-53-310(b) of the 1976 Code is 36 amended to read: 37 38 “(b) The department may place a registrant who violates this 39 article on probation or levy a civil fine of not more than two 40 thousand five hundred dollars, or both. Fines generated pursuant 41 to this section must be remitted to the State Treasurer for deposit to 42 the benefit of the Department Division of Mental Health, 43 Department of Behavioral Health Services to be used exclusively
1 [80] 200 1 for the treatment and rehabilitation of drug addicts within the 2 department’s addiction center facilities.” 3 4 SECTION 77. Section 44-53-450(a) of the 1976 Code is 5 amended to read: 6 7 “(a) Whenever any person who has not previously been 8 convicted of any offense under this article or any offense under 9 any State or Federal statute relating to marihuana, or stimulant, 10 depressant, or hallucinogenic drugs, pleads guilty to or is found 11 guilty of possession of a controlled substance under Section 12 44-53-370 (c) and (d), except narcotic drugs classified in Schedule 13 I (b) and (c) and narcotic drugs classified in Schedule II, the court, 14 without entering a judgment of guilt and with the consent of the 15 accused, may defer further proceedings and place him on probation 16 upon terms and conditions as it requires, including the requirement 17 that such person cooperate in a treatment and rehabilitation 18 program of a State-supported facility or a facility approved by the 19 Commission Division of Alcohol and Other Drug Abuse Services, 20 if available. Upon violation of a term or condition, the court may 21 enter an adjudication of guilt and proceed as otherwise provided. 22 Upon fulfillment of the terms and conditions, the court shall 23 discharge the person and dismiss the proceedings against him. 24 Discharge and dismissal under this section shall be without court 25 adjudication of guilt and is not a conviction for purposes of this 26 section or for purposes of disqualifications or disabilities imposed 27 by law upon conviction of a crime, including the additional 28 penalties imposed for second or subsequent convictions. However, 29 a nonpublic record shall be forwarded to and retained by the 30 Department of Narcotic and Dangerous Drugs under the South 31 Carolina Law Enforcement Division solely for the purpose of use 32 by the courts in determining whether or not a person has 33 committed a subsequent offense under this article. Discharge and 34 dismissal under this section may occur only once with respect to 35 any person.” 36 37 SECTION 78. Section 44-53-480(a) of the 1976 Code is 38 amended to read: 39 40 “(a) The South Carolina Law Enforcement Division shall 41 establish within its Division a Department of Narcotics and 42 Dangerous Drugs, which shall be administered by a director and 43 shall be primarily responsible for the enforcement of all laws
1 [80] 201 1 pertaining to illicit traffic in controlled and counterfeit substances. 2 The Department of Narcotics and Dangerous Drugs, in discharging 3 its responsibilities concerning illicit traffic in narcotics and 4 dangerous substances and in suppressing the abuse of controlled 5 substances, shall enforce the State plan formulated in cooperation 6 with the Narcotics and Controlled Substance Section as such plan 7 relates to illicit traffic in controlled and counterfeit substances. 8 As part of its duties the Department of Narcotics and Dangerous 9 Drugs shall: 10 (1) Assist the Commission on Division of Alcohol and Other 11 Drug Abuse Services in the exchange of information between itself 12 and governmental and local law-enforcement officials concerning 13 illicit traffic in and use and abuse of controlled substances. 14 (2) Assist the Commission Division of Alcohol and Other 15 Drug Abuse Services in planning and coordinating training 16 programs on law enforcement for controlled substances at the local 17 and State level. 18 (3) Establish a centralized unit which shall accept, catalogue, 19 file and collect statistics and make such information available for 20 Federal, State and local law-enforcement purposes. 21 (4) Have the authority to execute and serve search warrants, 22 arrest warrants, administrative inspection warrants, subpoenas, and 23 summonses.” 24 25 SECTION 79. Section 44-53-490 of the 1976 Code is amended 26 to read: 27 28 “Section 44-53-490. The Department of Health and 29 Environmental Control shall designate persons holding a degree in 30 pharmacy to serve as drug inspectors. Such inspectors shall, from 31 time to time, but no less than once every three years, inspect all 32 practitioners and registrants who manufacture, dispense, or 33 distribute controlled substances, including those persons exempt 34 from registration but who are otherwise permitted to keep 35 controlled substances for specific purposes. The drug inspector 36 shall submit an annual report by the first day of each year to the 37 department and a copy to the Commission on Division of Alcohol 38 and Other Drug Abuse Services specifying the name of the 39 practitioner or the registrant or such exempt persons inspected, the 40 date of inspection and any other violations of this article. The 41 department may employ other persons as agents and assistant 42 inspectors to aid in the enforcement of those duties delegated to 43 the department by this article.”
1 [80] 202 1 2 SECTION 80. Section 44-53-500(b) of the 1976 Code is 3 amended to read: 4 5 “(b) The Department of Health and Environmental Control is 6 authorized to make administrative inspections of controlled 7 premises in accordance with the following provisions: 8 (1) For the purposes of this article only, ‘controlled 9 premises’ means: 10 (a) Places where persons registered or exempted from 11 registration requirements under this article are required to keep 12 records, and 13 (b) Places including factories, warehouses, 14 establishments, and conveyances where persons registered or 15 exempted from registration requirements under this article are 16 permitted to hold, manufacture, compound, process, sell, deliver, 17 or otherwise dispose of any controlled substance. 18 (2) When so authorized by an administrative inspection 19 warrant issued pursuant to this section an officer or employee 20 designated by the Commission on Division of Alcohol and Other 21 Drug Abuse Services upon presenting the warrant and appropriate 22 credentials to the owner, operator, or agent in charge, may enter 23 controlled premises for the purpose of conducting an 24 administrative inspection. 25 (3) When so authorized by an administrative inspection 26 warrant, an officer or employee designated by the department may: 27 (a) Inspect and copy records required by this article to be 28 kept; 29 (b) Inspect, within reasonable limits and in a reasonable 30 manner, controlled premises and all pertinent equipment, finished 31 and unfinished material, containers and labeling found therein, 32 and, except as provided in subsection (b)(5) of this section, all 33 other things therein including records, files, papers, processes, 34 controls, and facilities bearing on violation of this article; and 35 (c) Inventory any stock of any controlled substance 36 therein and obtain samples of any such substance. 37 (4) This section shall not be construed to prevent entries and 38 administrative inspections (including seizures of property) without 39 a warrant: 40 (a) With the consent of the owner, operator or agent in 41 charge of the controlled premises; 42 (b) In situations presenting imminent danger to health or 43 safety;
1 [80] 203 1 (c) In situations involving inspection of conveyances 2 where there is reasonable cause to believe that the mobility of the 3 conveyance makes it impracticable to obtain a warrant; 4 (d) In any other exceptional or emergency circumstance 5 where time or opportunity to apply for a warrant is lacking; and 6 (e) In all other situations where a warrant is not 7 constitutionally required. 8 (5) Except when the owner, operator, or agent in charge of 9 the controlled premises so consents in writing, no inspection 10 authorized by this section shall extend to: 11 (a) Financial data; 12 (b) Sales data other than shipment data; 13 (c) Pricing data; 14 (d) Personnel data; or 15 (e) Research data.” 16 17 SECTION 81. Section 44-107-80 of the 1976 Code is amended 18 to read: 19 20 “Section 44-107-80. Upon request, the Department Division of 21 Alcohol and Other Drug Abuse Services, Department of 22 Behavioral Health Services shall provide technical assistance to 23 any state agency to assist with the implementation of this chapter. 24 Additionally, upon request, the names and addresses of contractors 25 and grantees providing a drug-free workplace pursuant to this 26 chapter must be provided to the department.” 27 28 SECTION 82. Section 44-128-50 of the 1976 Code is amended 29 to read: 30 31 “Section 44-128-50. (A) There is established the South 32 Carolina Youth Smoking Prevention Advisory Commission to 33 advise the department in the development, implementation, and 34 evaluation of the State Youth Smoking Plan. 35 (B) Notwithstanding the provisions of Section 8-13-770, the 36 membership of the advisory commission is as follows: 37 (1) two members appointed by the Speaker of the House of 38 Representatives from the membership of the House of 39 Representatives; 40 (2) two members appointed by the President Pro Tempore of 41 the Senate from the membership of the Senate; and 42 (3) eleven members appointed by the Governor as follows:
1 [80] 204 1 (a) one representative of the Department of Health and 2 Environmental Control; 3 (b) one representative of the Department Division of 4 Alcohol and Other Drug Abuse Services in the Department of 5 Behavioral Health Services; 6 (c) three health professionals; 7 (d) two youths between the ages of twelve and eighteen; 8 and 9 (e) five citizens of the State with knowledge, competence, 10 experience, or interest in youth smoking prevention, or other 11 relevant background including, but not limited to, youth education, 12 public health, social science, and business expertise.” 13 14 SECTION 83. Section 50-21-112(C) of the 1976 Code is 15 amended to read: 16 17 “(C) Any person convicted of operating a water device in 18 violation of subsection (A), in addition to any other penalties, must 19 be prohibited by the department from operating any water device 20 within this State for six months for the first conviction, one year 21 for the second conviction, and two years for the third conviction. 22 Only those violations, which occurred within ten years including 23 and immediately preceding the date of the last violation, shall 24 constitute prior violations within the meaning of this section. 25 A person whose privilege is suspended under the provisions of 26 this section must be notified by the department of the suspension 27 and of the requirement to enroll in and successfully complete an 28 Alcohol and Drug Safety Action Program certified by the 29 Department Division of Alcohol and Other Drug Abuse Services 30 prior to reinstatement of the privilege. An assessment of the extent 31 and nature of the alcohol and drug abuse problem, if any, of the 32 applicant must be prepared and a plan of education or treatment, or 33 both, must be developed based upon the assessment. Entry into and 34 successful completion of the services, if such services are 35 necessary, recommended in the plan of education or treatment, or 36 both, developed for the applicant is a mandatory requirement of 37 the restoration of privileges to the applicant. The Alcohol and 38 Drug Safety Action Program shall determine if the applicant has 39 successfully completed the services. The Department Division of 40 Alcohol and Other Drug Abuse Services shall determine the cost 41 of services provided by each certified Alcohol and Drug Safety 42 Action Program. Each applicant shall bear the cost of services 43 recommended in the applicant’s plan of education or treatment.
1 [80] 205 1 The cost of services must be within the limits set forth in Section 2 56-5-2990(C). No applicant may be denied services due to an 3 inability to pay. Inability to pay for services may not be used as a 4 factor in determining if the applicant has successfully completed 5 services. If the applicant has not successfully completed the 6 services as directed by the Alcohol and Drug Safety Action 7 Program within one year of enrollment, a hearing must be 8 provided by the Alcohol and Drug Safety Action Program and if 9 further needed by the Department Division of Alcohol and Other 10 Drug Abuse Services. 11 The department and the Department Division of Alcohol and 12 Other Drug Abuse Services shall develop procedures necessary for 13 the communication of information pertaining to reinstating the 14 privilege, or otherwise. The procedures must be consistent with the 15 confidentiality laws of this State and the United States. 16 A person convicted under this section, in addition to any other 17 penalties, shall be required by the department to attend and 18 complete a boating safety education program approved by the 19 department. The person required to attend the program shall 20 reimburse the department for the expense of the program. The 21 person’s privilege to operate a water device within this State shall 22 be suspended until successful completion of the required 23 program.” 24 25 SECTION 84. Section 56-1-385(A)(3) of the 1976 Code is 26 amended to read: 27 28 “(3) the person must have completed successfully an alcohol or 29 drug assessment and treatment program provided by the South 30 Carolina Department Division of Alcohol and Other Drug Abuse 31 Services or an equivalent program designated by that agency; 32 and” 33 34 SECTION 85. Section 56-1-1330 of the 1976 Code is amended 35 to read: 36 37 “Section 56-1-1330. The provisional driver’s license provision 38 must include a mandatory requirement that the applicant enroll in 39 an Alcohol and Drug Safety Action Program certified by the 40 Department Division of Alcohol and Other Drug Abuse Services 41 and successfully complete services pursuant to the requirements 42 specified in Section 56-5-2990. If the applicant fails to complete 43 successfully the services as directed by the Alcohol and Drug
1 [80] 206 1 Safety Action Program, the Department Division of Alcohol and 2 Other Drug Abuse Services shall notify the department, the 3 provisional driver’s license issued by the department must be 4 revoked, and the suspension imposed for the full period specified 5 in Section 56-5-2990, which shall begin on date of notification to 6 the individual.” 7 8 SECTION 86. Section 56-5-2990 of the 1976 Code is amended 9 to read: 10 11 “Section 56-5-2990. (A) The department shall suspend the 12 driver’s license of a person who is convicted, receives sentence 13 upon a plea of guilty or of nolo contendere, or forfeits bail posted 14 for a violation of Section 56-5-2930, 56-5-2933, or for the 15 violation of another law or ordinance of this State or of a 16 municipality of this State that prohibits a person from driving a 17 motor vehicle while under the influence of intoxicating liquor, 18 drugs, or narcotics for six months for the first conviction, plea of 19 guilty or of nolo contendere, or forfeiture of bail; one year for the 20 second conviction, plea of guilty or of nolo contendere, or 21 forfeiture of bail; two years for the third conviction, plea of guilty 22 or of nolo contendere, or forfeiture of bail; and a permanent 23 revocation of the driver’s license for the fourth or subsequent 24 conviction, plea of guilty or of nolo contendere, or forfeiture of 25 bail. Only those violations which occurred within ten years 26 including and immediately preceding the date of the last violation 27 shall constitute prior violations within the meaning of this section. 28 However, if the third conviction occurs within five years from the 29 date of the first offense, then the department shall suspend the 30 driver’s license for four years. A person whose license is revoked 31 following conviction for a fourth offense as provided in this 32 section is forever barred from being issued any license by the 33 Department of Public Safety to operate a motor vehicle except as 34 provided in Section 56-1-385. 35 (B) A person whose license is suspended under the provisions 36 of this section, Section 56-1-286, or Section 56-5-2951 must be 37 notified by the department of the suspension and of the 38 requirement to enroll in and successfully complete an Alcohol and 39 Drug Safety Action Program certified by the Department Division 40 of Alcohol and Other Drug Abuse Services in the Department of 41 Behavioral Health Services. A person who must complete an 42 Alcohol and Drug Safety Action Program as a condition of 43 reinstatement of his driving privileges or a court-ordered drug
1 [80] 207 1 program may use the route restricted or special restricted driver’s 2 license to attend the Alcohol and Drug Safety Action Program 3 classes or court-ordered drug program in addition to the other 4 permitted uses of a route restricted driver’s license or a special 5 restricted driver’s license. An assessment of the extent and nature 6 of the alcohol and drug abuse problem, if any, of the applicant 7 must be prepared and a plan of education or treatment, or both, 8 must be developed for the applicant. Entry into and successful 9 completion of the services, if the services are necessary, 10 recommended in the plan of education or treatment, or both, 11 developed for the applicant is a mandatory requirement of the 12 restoration of driving privileges to the applicant whose license is 13 suspended pursuant to this section. The Alcohol and Drug Safety 14 Action Program shall determine if the applicant has successfully 15 completed the services. Alcohol and Drug Safety Action Programs 16 shall meet at least once a month. The person whose license is 17 suspended must attend the first Alcohol and Drug Safety Action 18 Program available after the date of enrollment. 19 (C) The Department Division of Alcohol and Other Drug 20 Abuse Services shall determine the cost of services provided by 21 each certified Alcohol and Drug Safety Action Program. Each 22 applicant shall bear the cost of services recommended in the 23 applicant’s plan of education or treatment. The cost may shall not 24 exceed five hundred dollars for education services, two thousand 25 dollars for treatment services, and two thousand five hundred 26 dollars in total for all services. No applicant may be denied 27 services due to an inability to pay. Inability to pay for services 28 may shall not be used as a factor in determining if the applicant 29 has successfully completed services. An applicant who is unable 30 to pay for services shall perform fifty hours of community service 31 as arranged by the Alcohol and Drug Safety Action Program, 32 which may use the completion of this community service as a 33 factor in determining if the applicant has successfully completed 34 services. The Department Division of Alcohol and Other Drug 35 Abuse Services will report annually to the House Ways and Means 36 Committee and Senate Finance Committee on the number of first 37 and multiple offenders completing the Alcohol and Drug Safety 38 Action Program, the amount of fees collected and expenses 39 incurred by each Alcohol and Drug Safety Action Program, and 40 the number of community service hours performed in lieu of 41 payment. 42 (D) If the applicant has not successfully completed the services 43 as directed by the Alcohol and Drug Safety Action Program within
1 [80] 208 1 one year of enrollment, a hearing must be provided by the Alcohol 2 and Drug Safety Action Program whose decision is appealable to 3 the Department Division of Alcohol and Other Drug Abuse 4 Services. If the applicant is unsuccessful in the Alcohol and Drug 5 Safety Action Program, the department may restore the privilege to 6 drive a motor vehicle upon the recommendation of the Medical 7 Advisory Board as utilized by the department if it determines 8 public safety and welfare of the petitioner may shall not be 9 endangered. 10 (E) The department and the Department Division of Alcohol 11 and Other Drug Abuse Services shall develop procedures 12 necessary for the communication of information pertaining to 13 relicensing, or otherwise. These procedures must be consistent 14 with the confidentiality laws of the State and the United States. If 15 the drivers license of any person is suspended by authority of this 16 section, no insurance company may refuse to issue insurance to 17 cover the remaining members of his family, but the insurance 18 company is not liable for any actions of the person whose license 19 has been suspended or who has voluntarily turned his license in to 20 the department. 21 (F) Except as provided for in Section 56-1-365(D) and (E), the 22 driver’s license suspension periods under this section begin on the 23 date the person is convicted, receives sentence upon a plea of 24 guilty or of nolo contendere, or forfeits bail posted for the violation 25 of Section 56-5-2930, 56-5-2933, or for the violation of any other 26 law of this State or ordinance of a county or municipality of this 27 State that prohibits a person from operating a motor vehicle while 28 under the influence of intoxicating liquor, drugs, or narcotics; 29 however, a person is not prohibited from filing a notice of appeal 30 and receiving a certificate which entitles him to operate a motor 31 vehicle for a period of sixty days after the conviction, plea of 32 guilty or nolo contendere, or bail forfeiture pursuant to Section 33 56-1-365(F).” 34 35 SECTION 87. Section 56-21-70 of the 1976 Code is amended to 36 read: 37 38 “Section 56-21-70. The South Carolina Department Division of 39 Mental Health in the Department of Behavioral Health Services 40 may adopt and promulgate rules and regulations governing and 41 controlling use of the roads, streets, and parking facilities by 42 operators of vehicles within the area and lands of the State 43 Hospital and Midlands Center. No such These rules and
1 [80] 209 1 regulations shall must not be in conflict with any state law on the 2 subject, all of such these state laws being hereby declared in force 3 and applicable to the roads, streets, and parking facilities under the 4 control and authority of the Department Division. Copies of the 5 rules and regulations shall must be filed with the administrative 6 heads of both institutions, the Secretary of State, the Code 7 Commissioner, the city of Columbia and the magistrate’s office in 8 upper township in Richland County.” 9 10 SECTION 88. Section 59-20-41 of the 1976 Code is amended to 11 read: 12 13 “Section 59-20-41. Notwithstanding any other provision of law: 14 All school districts providing educational services to children 15 admitted or committed to residential institutions of the Department 16 Division of Mental Health are authorized to count children 17 admitted or committed to residential institutions of the Department 18 Division of Mental Health from the first day of residency in such 19 institutions, provided, that the first day is within the particular 20 district’s school year. The inclusion of these children is for the 21 purpose of participation in the districts’ educational programs for 22 handicapped children supported under the Education Finance Act 23 of South Carolina.” 24 25 SECTION 89. Section 59-36-20 of the 1976 Code, as added by 26 Act 86 of 1993, is amended to read: 27 28 “Section 59-36-20. The State Board of Education and the 29 State Department of Education are responsible for establishing a 30 comprehensive system of special education and related services 31 and for ensuring that the requirements of the Federal Individuals 32 with Disabilities Education Act are carried out. Other state 33 agencies which provide services for children with disabilities are 34 directed to cooperate in the establishment and support of the 35 system. Agencies with responsibilities under this chapter include: 36 the Department of Mental Retardation Disabilities and Special 37 Needs, the School for the Deaf and the Blind, the Commission for 38 the Blind, the Department of Health and Environmental Control, 39 the Department Division of Mental Health, Department of 40 Behavioral Health Services, the State Department of Social 41 Services, the Division of the Continuum of Care, Department of 42 Behavioral Health Services, and the State Department of 43 Education.
1 [80] 210 1 All public education programs for children with disabilities 2 within the State, including all programs administered by any other 3 state or local agency, are under the general supervision of the 4 persons responsible for education programs for children with 5 disabilities in the State Department of Education and must meet 6 the standards of the State Board of Education. 7 No provision of this section or of this chapter may be construed 8 to limit the responsibilities of agencies other than the Department 9 of Education from providing or paying for some or all of the cost 10 of services to be provided the state’s children with disabilities and 11 the level of service must, at a minimum, be similar to that provided 12 individuals with similar needs. If agencies are unable to agree on 13 responsibilities for a particular child, the issue must be decided by 14 the Children’s Case Resolution System, Section 20-7-5210, et 15 seq.” 16 17 SECTION 90. Section 59-150-230(I) of the 1976 Code is 18 amended to read: 19 20 “(I) Unclaimed prize money must be deposited in the Education 21 Lottery Account each year. A portion of the unclaimed prize 22 money, in an amount to be determined by the General Assembly in 23 its annual general appropriations bill and other bills appropriating 24 monies for previous or current fiscal years, must be allocated to the 25 Department of Education for the purchase of new school buses. A 26 portion, in an amount to be determined by the General Assembly, 27 of the unclaimed prize money in the Education Lottery Account, 28 must be allocated by the General Assembly in its annual general 29 appropriations bill or any bill appropriating monies for previous or 30 current fiscal years to the South Carolina Department Division of 31 Alcohol and Other Drug Abuse Services or an established 32 nonprofit public or private agency recognized as an affiliate of the 33 National Council on Problem Gambling to receive monies from 34 the fund for the prevention and treatment of compulsive gambling 35 disorder and educational programs related to that disorder, 36 including a gambling hotline, to be used for prevention programs 37 including, in part or in totality, mass media communications. 38 Nothing in this section prevents the State Budget and Control 39 Board from contracting with any combination of agencies which 40 meet the criteria provided for in this section, including a 41 combination that includes the Department Division of Alcohol and 42 Other Drug Abuse Services for the treatment of compulsive 43 gambling disorder and educational programs related to that
1 [80] 211 1 disorder, including a gambling hotline. Semi-annually, the director 2 of the selected agency shall report to the board on the programs 3 implemented with these funds, including nonidentifying statistical 4 information pertaining to persons served by these programs. The 5 director of the agency also shall provide a copy of the report to the 6 General Assembly promptly upon receipt of the semi-annual 7 reports.” 8 9 SECTION 91. Section 61-12-20 of the 1976 Code is amended to 10 read: 11 12 “Section 61-12-20. Before the use of the revenue described in 13 Section 61-12-10, the governing body of each county must: 14 (a) designate a single existing county agency or 15 organization, either public or private, as the sole agency in the 16 county for alcohol and drug abuse planning for programs funded 17 by the revenue described in Section 61-12-10 or create a new 18 agency for that purpose; 19 (b) develop a county plan in accordance with the state plan 20 for alcohol abuse and alcoholism and the state plan for drug abuse 21 required by Public Laws 91-616 and 92-255 for the prevention and 22 control of alcohol and drug abuse and obtain written approval of 23 the plan by the Department Division of Alcohol and Other Drug 24 Abuse Services. Written approval must be given by the 25 Department Division of Alcohol and Other Drug Abuse Services if 26 the plan is reasonable. If approval is denied, the county may appeal 27 to the Governor. The appeal must state fully the reasons why it is 28 made. If the Governor considers the nonapproval of the plan by the 29 Department Division of Alcohol and Other Drug Abuse Services 30 to be unreasonable, he must communicate his reasons to the 31 Department Division of Alcohol and Other Drug Abuse Services 32 and require it to reexamine the plan in light of his objections. 33 Following the reexamination, no further appeal may be taken.” 34 35 SECTION 92. Section 61-12-50 of the 1976 Code is amended to 36 read: 37 38 “Section 61-12-50. Each county governing body must: 39 (a) establish methods of administration necessary for the 40 proper and efficient operation of the programs and services or 41 projects, including the provision of annual reports of progress 42 toward implementing county plans to the Department Division of 43 Alcohol and Other Drug Abuse Services;
1 [80] 212 1 (b) provide for accounting procedures necessary to assure 2 proper disbursement of and accounting for the funds, including an 3 annual audit of fiscal records, a copy of which must be furnished 4 to the Department Division of Alcohol and Other Drug Abuse 5 Services.” 6 7 SECTION 93. Section 62-5-105 of the 1976 Code is amended 8 to read: 9 10 “Section 62-5-105. If a patient of a state mental health facility 11 has no legally appointed conservator, the Director of the 12 Department Division Chief of the Division of Mental Health or his 13 designee may receive and accept for the use and benefit of that 14 patient a sum of money, not in excess of the sum of ten thousand 15 dollars in one calendar year, which may be due the patient or 16 trainee by inheritance, gift, pension, or otherwise. The director or 17 his designee may act as conservator for the patient and his 18 endorsement or receipt discharges the obligor for the sum received. 19 Upon receipt of these funds the director or his designee shall use it 20 for the proper maintenance, use, and benefit of the patient or as 21 much of the fund as may be necessary for these purposes. In the 22 event the patient dies leaving an unexpended balance of these 23 funds in the hands of the director or his designee, he shall apply 24 the balance first to the funeral expenses of the patient or trainee, 25 and any balance remaining must be held by the director or his 26 designee for a period of six months, and if he is not within this 27 period, contacted by the personal representative of the deceased 28 patient, the balance in the personal fund account must be applied to 29 the maintenance and medical care account of the deceased 30 patient.” 31 32 Subpart 2 33 34 SECTION 1. The Code Commissioner is directed to change or 35 correct all references to the Department of Alcohol and other Drug 36 Abuse Services, the Continuum of Care, and the Department of 37 Mental Health in the 1976 Code to reflect the transfer of these 38 departments and programs to divisions of the Department of 39 Behavioral Health Services and the transfer of the Babynet 40 Services program to the Department of Disabilities and Special 41 Needs. References to the names of these transferred departments 42 in the 1976 Code or other provisions of law are considered to be 43 and must be construed to mean appropriate references.
1 [80] 213 1 2 SECTION 2. Unless otherwise provided in this part, the 3 provisions of this part take effect on July 1, 2006. 4 5 PART VI 6 7 Department of Health Oversight and Finance 8 9 SECTION 1. Section 9-1-1870 of the 1976 Code, as added by Act 10 356 of 2000, is amended to read: 11 12 “Section 9-1-1870. Notwithstanding any other provision of law, 13 except as provided below, retirees and beneficiaries under the State 14 Retirement Systems receiving Medicaid (Title XIX) sponsored 15 nursing home care as of June thirtieth of the prior fiscal year shall 16 receive no increase in retirement benefits during the current fiscal 17 year. However, a retired employee affected by the above 18 prohibition may receive the scheduled increase if he is discharged 19 from the nursing home and does not require admission to a 20 hospital or nursing home within six months. The Department of 21 Health and Human Services Oversight and Finance, the 22 Department of Social Services, and the State Retirement Systems 23 must share the information needed to implement this section.” 24 25 SECTION 2. Section 9-11-315 of the 1976 Code, as added by Act 26 356 of 2002, is amended to read: 27 28 “Section 9-11-315. Notwithstanding any other provision of law, 29 except as provided below, retirees and beneficiaries under the 30 Police Officers Retirement System receiving Medicaid (Title XIX) 31 sponsored nursing home care as of June thirtieth of the prior fiscal 32 year shall receive no increase in retirement benefits during the 33 current fiscal year. However, a retired employee affected by the 34 above prohibition may receive the scheduled increase if he is 35 discharged from the nursing home and does not require admission 36 to a hospital or nursing home within six months. The Department 37 of Health and Human Services Oversight and Finance, the 38 Department of Social Services, and the State Retirement Systems 39 must share the information needed to implement this section.” 40 41 SECTION 3. Section 11-7-40 of the 1976 Code, as added by Act 42 356 of 2002, is amended to read: 43
1 [80] 214 1 “Section 11-7-40. The State Auditor shall bill the South 2 Carolina Department of Health and Human Services Oversight and 3 Finance monthly for fifty percent of the costs incurred by the State 4 Auditor in conducting the medical assistance audit. The amount 5 billed by the State Auditor must include those appropriated salary 6 adjustments and employer contributions allowable under the 7 Medicaid program. The Department of Health and Human 8 Services Oversight and Finance shall remit the amount billed to the 9 credit of the general fund of the State.” 10 11 SECTION 4. Section 12-54-240(B)(23) of the 1976 Code, as 12 added by Act 356 of 2002, is amended to read: 13 14 “(23) disclosure of any information on any return that has been 15 filed with the Department of Revenue to the Department of Health 16 and Human Services Oversight and Finance for the purpose of 17 verifying Medicaid eligibility.” 18 19 SECTION 5. Section 20-7-2640(B) and (C) of the 1976 Code, as 20 last amended by Act 181 of 1993, is further amended to read: 21 22 “(B) The Department of Health and Human Services Oversight 23 and Finance shall consider the holder of medical assistance 24 identification pursuant to this section as any other holder of 25 medical assistance identification under the laws of this State and 26 shall process and make payment on claims on account of the 27 holder in the same manner and pursuant to the same conditions and 28 procedures as for other recipients of medical assistance. 29 (C) The Department of Health and Human Services Oversight 30 and Finance or the Department of Social Services shall provide 31 coverage and benefits for a child who is in another state and who is 32 covered by an adoption assistance agreement made by the 33 department for the coverage or benefits, if any, not provided by the 34 residence state. To this end, the adoptive parents acting for the 35 child may submit evidence of payment for services or benefit 36 amounts not payable in the residence state and must be reimbursed 37 for them. However, there is no reimbursement for services or 38 benefit amounts covered under insurance or other third party 39 medical contract or arrangement held by the child or the adoptive 40 parents. The department shall promulgate regulations 41 implementing this subsection. The additional coverages and 42 benefit amounts provided pursuant to this subsection are for the 43 costs of services for which there is no federal contribution, or
1 [80] 215 1 which, if federally aided, are not provided by the residence state. 2 The regulations must include, but are not limited to, procedures to 3 be followed in obtaining prior approval for services in those 4 instances where required for the assistance.” 5 6 SECTION 6. Section 20-7-9710(F)(c) of the 1976 Code is 7 amended to read: 8 9 “(c) Department of Health and Human Services Oversight and 10 Finance or his designee;” 11 12 SECTION 7. Section 38-55-530(A) of the 1976 Code is amended 13 to read: 14 15 “(A) ‘Authorized agency’ means any duly constituted criminal 16 investigative department or agency of the United States or of this 17 State; the Department of Insurance; the Department of Revenue; 18 the Department of Public Safety; the Workers’ Compensation 19 Commission; the State Accident Fund; the Second Injury Fund; 20 the Employment Security Commission; the Department of 21 Consumer Affairs; the Human Affairs Commission; the 22 Department of Health and Environmental Control; the Department 23 of Social Services; the Department of Health and Human Services 24 Oversight and Finance; the Department of Labor, Licensing and 25 Regulation; all other state boards, commissions, and agencies; the 26 Office of the Attorney General of South Carolina; or the 27 prosecuting attorney of any judicial circuit, county, municipality, 28 or political subdivision of this State or of the United States, and 29 their respective employees or personnel acting in their official 30 capacity.” 31 32 SECTION 8. Section 39-29-10(3) of the 1976 Code, as last 33 amended by Act 187 of 1987, is further amended to read: 34 35 “(3) The term ‘appropriate federal agency’ means the 36 Department of Health and Human Services Oversight and Finance 37 or any other federal agency charged with the enforcement and 38 administration of the Federal Food, Drug and Cosmetic Act; and” 39 40 SECTION 9. Section 43-5-1280 of the 1976 Code, as added by 41 Act 102 of 1995, is amended to read: 42
1 [80] 216 1 “Section 43-5-1280. The Department of Social Services and 2 the Department of Health and Human Services Finance 3 Commission Oversight and Finance shall review and, to the extent 4 possible, ensure that federal and state procurement and purchasing 5 regulations do not unnecessarily delay services to AFDC clients 6 and child care and transportation providers to AFDC clients.” 7 8 SECTION 10. Section 43-7-60(E) of the 1976 Code, as added by 9 Act 468 of 1994, is amended to read: 10 11 “(E) In addition to all other remedies provided by law, the 12 Attorney General may bring an action to recover damages equal to 13 three times the amount of an overstatement or overpayment and 14 the court may impose a civil penalty of two thousand dollars for 15 each false claim, representation, or overstatement made to a state 16 or federal agency which administers funds under the state’s 17 Medicaid program. Upon a finding that the provider has violated a 18 provision of this section, the state agency which administers the 19 Medicaid program may impose other administrative sanctions 20 against the provider authorized by law. A civil or criminal action 21 brought under this section may be filed or brought in either the 22 county where the false claim, statement, or representation 23 originated or in the county in which the false claim, statement, or 24 representation was received by the Health and Human Services 25 Finance Commission Department of Health Oversight and Finance 26 or other agency of the State responsible for administering the 27 state’s Medicaid Program.” 28 29 SECTION 11. Section 43-7-410(B) and (C) of the 1976 Code is 30 amended to read: 31 32 “(B) ‘Commission’ ‘Department’ means the State Health and 33 Human Services Finance Commission Department of Health 34 Oversight and Finance. 35 (C) ‘Medicaid’ means the medical assistance program 36 authorized by Title XIX of the Social Security Act and 37 administered by the State Health and Human Services Finance 38 Commission Department of Health Oversight and Finance.” 39 40 SECTION 12. Section 43-7-420 of the 1976 Code, as added by 41 Act 516 of 1986, is amended to read: 42
1 [80] 217 1 “Section 43-7-420. (A) Every applicant or recipient, only to the 2 extent of the amount of the medical assistance paid by Medicaid, 3 shall be deemed to have assigned his rights to recover such 4 amounts so paid by Medicaid from any third party or private 5 insurer to the State Health and Human Services Finance 6 Commission Department of Health Oversight and Finance. This 7 assignment shall not include rights to Medicare benefits. The 8 applicant or recipient shall cooperate fully with the State Health 9 and Human Services Finance Commission Department of Health 10 Oversight and Finance in its efforts to enforce its assignment 11 rights. 12 (B) An applicant’s and recipient’s determination of, and 13 continued eligibility for, medical assistance under Medicaid is 14 contingent upon his cooperation with the Commission department 15 in its efforts to enforce its assignment rights. Cooperation 16 includes, but is not limited to, reimbursing the Commission 17 department from proceeds or payments received by the applicant 18 or recipient from any third party or private insurer. 19 (C) Every applicant or recipient is considered to have 20 authorized all persons, including insurance companies and 21 providers of medical care, to release to the Commission 22 department all information needed to enforce the assignment rights 23 of the Commission department.” 24 25 SECTION 13. Section 43-7-430 of the 1976 Code, as added by 26 Act 516 of 1986, is amended to read: 27 28 “Section 43-7-430. (A) The State Health and Human Services 29 Finance Commission Department of Health Oversight and Finance 30 shall be automatically subrogated, only to the extent of the amount 31 of medical assistance paid by Medicaid, to the rights an applicant 32 or recipient may have to recover such amounts so paid by 33 Medicaid from any third party or private insurer. The applicant or 34 recipient shall cooperate fully with the State Health and Human 35 Services Finance Commission Department of Health Oversight 36 and Finance and shall do nothing after medical assistance is 37 provided to prejudice the subrogation rights of the State Health and 38 Human Services Finance Commission Department of Health 39 Oversight and Finance. 40 (B) An applicant’s and recipient’s determination of, and 41 continued eligibility for, medical assistance under Medicaid is 42 contingent upon his cooperation with the Commission department 43 in its efforts to enforce its subrogation rights. Cooperation
1 [80] 218 1 includes, but is not limited to, reimbursing the Commission 2 department from proceeds or payments received by the recipient 3 from any third party or private insurer. 4 (C) Every applicant or recipient is considered to have 5 authorized all persons, including insurance companies and 6 providers of medical care, to release to the Commission 7 department all information needed to enforce the subrogation 8 rights of the Commission department.” 9 10 SECTION 14. Section 43-7-440 of the 1976 Code, as last 11 amended by Act 481 of 1994, is further amended to read: 12 13 “Section 43-7-440. (A) The Commission department, to enforce 14 its assignment or subrogation rights, may take any one, or any 15 combination of, the following actions: 16 (1) intervene or join in an action or proceeding brought by 17 the applicant or recipient against any third party, or private insurer, 18 in state or federal court. 19 (2) commence and prosecute legal proceedings against any 20 third party or private insurer who may be liable to any applicant or 21 recipient in state or federal court, either alone or in conjunction 22 with the applicant or recipient, his guardian, personal 23 representative of his estate, dependents, or survivors; 24 (3) commence and prosecute legal proceedings against any 25 third party or private insurer who may be liable to an applicant or 26 recipient, or his guardian, personal representative of his estate, 27 dependents, or survivors; 28 (4) commence and prosecute legal proceedings against any 29 applicant or recipient; 30 (5) settle and compromise any amount due to the State 31 Health and Human Services Finance Commission Department of 32 Health Oversight and Finance under its assignment and 33 subrogation rights. Provided, further, any representative or 34 attorney retained by an applicant or recipient shall not be 35 considered liable to State Health and Human Services Finance 36 Commission the Department of Health Oversight and Finance for 37 improper settlement, compromise or disbursement of funds unless 38 he has written notice of State Health and Human Services Finance 39 Commission’s the Department of Health Oversight and Finance’s 40 assignment and subrogation rights prior to disbursement of funds; 41 (6) reduce any amount due to the State Health and Human 42 Services Finance Commission Department of Health Oversight 43 and Finance by twenty-five percent if the applicant or recipient has
1 [80] 219 1 retained an attorney to pursue the applicant’s or recipient’s claim 2 against a third party or private insurer, that amount to represent the 3 State Health and Human Services Finance Commission’s 4 Department of Health Oversight and Finance’s share of attorney’s 5 fees paid by the applicant or recipient. Additionally, the State 6 Health and Human Services Finance Commission Department of 7 Health Oversight and Finance may, in its discretion, share in other 8 costs of litigation by reducing the amount due it by a percentage of 9 those costs, the percentage calculated by dividing the amount due 10 the State Health and Human Services Finance Commission 11 Department of Health Oversight and Finance by the total 12 settlement received from the third party or private insurer. 13 Provided, further, any representative or attorney retained by an 14 applicant or recipient shall not be considered liable to State Health 15 and Human Services Finance Commission the Department of 16 Health Oversight and Finance for improper settlement, 17 compromise, or disbursement of funds unless he has written notice 18 by certified mail of State Health and Human Services Finance 19 Commission’s the Department of Health Oversight and Finance’s 20 assignment and subrogation rights prior to disbursement of funds. 21 (B) Providers and practitioners who participate in the Medicaid 22 program shall cooperate with the Commission department in the 23 identification of third parties whom they have reason to believe 24 may be liable to pay all or part of the medical costs of the injury, 25 disease, or disability of an applicant or recipient. 26 (C) Any provision in the contract of a private insurer issued or 27 renewed after June 11, 1986, which denies or reduces benefits 28 because of the eligibility of the insured to receive assistance under 29 Medicaid, is null and void. 30 In enrolling a person or in making payments for benefits to a 31 person or on behalf of a person, no private insurer may take into 32 account that the person is eligible for or is provided medical 33 assistance under a State Plan for Medical Assistance pursuant to 34 Title XIX of the Social Security Act. 35 (D) The assignment and subrogation rights of the Commission 36 department are superior to any right of reimbursement, 37 subrogation, or indemnity of any third party or recipient. 38 Provided, further, any representative or attorney retained by an 39 applicant or recipient shall not be considered liable to State Health 40 and Human Services Finance Commission the Department of 41 Health Oversight and Finance for improper settlement, 42 compromise, or disbursement of funds unless he has written notice 43 of State Health and Human Services Finance Commission’s the
1 [80] 220 1 Department of Health Oversight and Finance’s assignment and 2 subrogation rights prior to disbursement of funds. 3 In a case where a third party has a legal liability to make 4 payments for medical assistance to or on behalf of a person, to the 5 extent that payment has been made under a State Plan for Medical 6 Assistance pursuant to Title XIX of the Social Security Act for 7 health care items or services furnished to the person, the State is 8 considered to have acquired the rights of the person to payment by 9 any other party for the health care items or services.” 10 11 SECTION 15. Section 43-7-460(A) and (G) of the 1976 Code, 12 as last amended by Act 93 of 1997, is further amended to read: 13 14 “(A) The State Department of Health and Human Services 15 Oversight and Finance shall seek recovery of medical assistance 16 paid under the Title XIX State Plan for Medical Assistance from 17 the estate of an individual who: 18 (1) at the time of death was an inpatient in a nursing facility, 19 intermediate care facility for the mentally retarded, or other 20 medical institution if the individual is required, as a condition of 21 receiving services in the facility under the state plan, to spend for 22 costs of medical care all but a minimal amount of the person’s 23 income required for personal needs; or 24 (2) was fifty-five years of age or older when the individual 25 received medical assistance, but only for medical assistance 26 consisting of nursing facility services, home and community-based 27 services, and hospital and prescription drug services provided to 28 individuals in nursing facilities or receiving home and 29 community-based services. 30 31 (G) Notwithstanding subsection (A)(2) upon the enactment of 32 any amendments to federal law which grants states the option to 33 exempt home and community-based services or other 34 noninstitutional Medicaid services from the estate recovery 35 provisions mandated by Section 13612 of the federal Omnibus 36 Budget Reconciliation Act of 1993, the State Health and Human 37 Services Finance Commission Department of Health Oversight 38 and Finance shall seek recovery of medical assistance paid under 39 the Title XIX State Plan for Medical Assistance from the estate of 40 an individual who: 41 (1) at the time of death was an inpatient in a nursing facility, 42 intermediate care facility for the mentally retarded, or other 43 medical institution if the individual is required, as a condition of
1 [80] 221 1 receiving services in the facility under the state plan, to spend for 2 costs of medical care all but a minimal amount of the person’s 3 income required for personal needs; or 4 (2) was fifty-five years of age or older when the individual 5 received medical assistance but only for medical assistance 6 consisting of nursing facility services.” 7 8 SECTION 16. Section 44-6-5(1) and (4) of the 1976 Code are 9 amended to read: 10 11 “(1) ‘Department’ means the State Department of Health and 12 Human Services Oversight and Finance. 13 14 (4) ‘Market basket index’ means the index used by the federal 15 government on January 1, 1986, to measure the inflation in 16 hospital input prices for Medicare reimbursement. If that measure 17 ceases to be calculated in the same manner, the market basket 18 index must be developed and regulations must be promulgated by 19 the commission department using substantially the same 20 methodology as the federal market basket uses on January 1, 1986. 21 Prior to submitting the regulations concerning the index to the 22 General Assembly for approval pursuant to the Administrative 23 Procedures Act, the department shall submit them to the Health 24 Care Planning and Oversight Committee for review.” 25 26 SECTION 17. Section 44-6-10 of the 1976 Code is amended to 27 read: 28 29 “Section 44-6-10. There is created the State Department of 30 Health and Human Services Oversight and Finance which shall be 31 headed by a Director appointed by the Governor, upon the advice 32 and consent of the Senate. The director is subject to removal by 33 the Governor pursuant to the provisions of Section 1-3-240.” 34 35 SECTION 18. Section 44-6-45 of the 1976 Code is amended to 36 read: 37 38 “Section 44-6-45. The State Department of Health and Human 39 Services Oversight and Finance may collect administrative fees 40 associated with accounts receivable for those individuals or entities 41 which negotiate repayment to the agency. The administrative fee 42 may not exceed one and one-half percent of the amounts
1 [80] 222 1 negotiated and must be remitted to the State Treasurer and 2 deposited to the credit of the general fund of the State.” 3 4 SECTION 19. Section 44-6-140(A)(2) of the 1976 Code is 5 amended to read: 6 7 “(2) payment on a timely basis to the hospital by the 8 commission department or patient or both, of the maximum 9 allowable payment amount determined by the commission; and” 10 11 SECTION 20. Section 44-6-146(A) of the 1976 Code is 12 amended to read: 13 14 “(A) Every fiscal year the State Treasurer shall withhold from 15 the portion of the Local Government Fund allotted to the counties 16 a sum equal to fifty cents per capita based on the population of the 17 several counties as shown by the latest official census of the 18 United States. The money withheld by the State Treasurer must be 19 placed to the credit of the commission department and used to 20 provide Title XIX (Medicaid) services.” 21 22 SECTION 21. Section 44-6-170(B)(14) of the 1976 Code is 23 amended to read: 24 25 “(14) the executive director or his designee of the State 26 Department of Health and Human Services Oversight and 27 Finance;” 28 29 SECTION 22. Section 44-6-400(1) of the 1976 Code is amended 30 to read: 31 32 “(1) ‘Department’ means the Department of Health and 33 Human Services Oversight and Finance.” 34 35 SECTION 23. Section 44-6-530 of the 1976 Code is amended to 36 read: 37 38 “Section 44-6-530. Before instituting an action under this 39 article, the Department of Health and Human Services Oversight 40 and Finance shall determine if the Secretary of the United States 41 Department of Health and Human Services has jurisdiction under 42 federal law. In such cases, it shall coordinate its efforts with the 43 secretary to maintain an action against the nursing home. In an
1 [80] 223 1 action against a nursing home owned and operated by the State of 2 South Carolina, the secretary has exclusive jurisdiction.” 3 4 SECTION 24. Section 44-6-620 of the 1976 Code is amended to 5 read: 6 7 “Section 44-6-620. For purposes of this article: 8 (1) ‘Department’ means the Department of Health and Human 9 Services Oversight and Finance. 10 (2) ‘Prescription drugs’ means outpatient prescription drugs, 11 that have been approved as safe and effective by the United States 12 Food and Drug Administration including insulin syringes, insulin 13 needles, and insulin. ‘Prescription drugs’ do not include 14 experimental drugs and over- the-counter pharmaceutical products. 15 (3) ‘Program’ means the South Carolina Retirees and 16 Individuals Pooling Together for Savings (SCRIPTS) program 17 created pursuant to this article.” 18 19 SECTION 25. Section 44-6-630 of the 1976 Code is amended to 20 read: 21 22 “Section 44-6-630. There is created within the Department of 23 Health and Human Services Oversight and Finance the South 24 Carolina Retirees and Individuals Pooling Together for Savings 25 (SCRIPTS) program. The program must combine the purchasing 26 power of all South Carolina citizens sixty-five years of age and 27 older who enroll in the program to reduce their prescription drug 28 costs. Where possible, without violation of federal law, the 29 department shall combine negotiating power for the program with 30 negotiating power for pharmaceutical pricing and rebates which 31 may exist now or in the future.” 32 33 SECTION 26. Section 44-6-640(A) of the 1976 Code is 34 amended to read: 35 36 “(A) This program must be administered by the Department of 37 Health and Human Services Oversight and Finance. The 38 department may designate, or enter into contracts with, other 39 entities including, but not limited to, other states, other 40 governmental purchasing pools, and nonprofit organizations to 41 assist in the administration of this program.” 42
1 [80] 224 1 SECTION 27. Section 44-6-720(B)(4)(b)(iv) and (B)(5) of the 2 1976 Code is amended to read: 3 4 “(iv) other deductions provided in regulations of the 5 State Health and Human Services Finance Commission 6 Department of Health Oversight and Finance; 7 8 (5) upon the death of the beneficiary, a remainder interest in 9 the corpus of the trust passes to the State Health and Human 10 Services Finance Commission Department of Health Oversight 11 and Finance. The commission department shall remit the state 12 share of the trust to the general fund; and” 13 14 SECTION 28. Section 44-6-730 of the 1976 Code is amended to 15 read: 16 17 “Section 44-6-730. The State Health and Human Services 18 Finance Commission Department of Health Oversight and Finance 19 shall promulgate regulations as are necessary for the 20 implementation of this article and as are necessary to comply with 21 federal law. In addition, the commission department shall amend 22 the state Medicaid plan in a manner that is consistent with this 23 article.” 24 25 SECTION 29. Section 44-7-84(A) and (B) of the 1976 Code is 26 amended to read: 27 28 “(A) In the annual appropriations act, the General Assembly 29 shall establish the maximum number of Medicaid patient days for 30 which the department is authorized to issue Medicaid nursing 31 home permits. The State Department of Health and Human 32 Services Oversight and Finance shall provide the number of 33 Medicaid patient days available to the department within thirty 34 days after the effective date of the annual appropriations act. 35 (B) Based on a method the department develops for 36 determining the need for nursing home care for Medicaid patients 37 in each area of the State, the department shall determine the 38 distribution of Medicaid patient days for which Medicaid nursing 39 home permits can be issued. Nursing homes holding a Medicaid 40 nursing home permit must be allocated Medicaid days based on 41 their current allocation and available funds. Requests for days 42 must be submitted to the department no later than June fifteenth 43 each year. The application must state the specific number of
1 [80] 225 1 Medicaid patient days the nursing home will provide. If a nursing 2 home requests fewer days than the previous year, those days first 3 must be offered to the facilities within the same county currently 4 holding a Medicaid nursing home permit. However, if Medicaid 5 patient days remain available after being offered to those nursing 6 homes currently holding a Medicaid patient days permit in that 7 county, then existing nursing homes with a restricted Certificate of 8 Need, within the same county, may apply for a Medicaid nursing 9 home permit to receive the Medicaid patient days remaining 10 available. Following the initial allocation of Medicaid patient 11 days, any additional Medicaid patient days available must be 12 credited to a statewide pool and must be available based on the 13 percent of need indicated by the Community Long Term Care 14 waiting list. If a nursing home has provided fewer Medicaid 15 patient days than allowable under the Medicaid nursing home 16 permit program, the department may issue a Medicaid nursing 17 home permit for fewer days than requested in order to ensure that 18 the nursing home will serve the minimum number of Medicaid 19 patients. If a nursing home has its Medicaid patient days reduced, 20 the freed days first must be offered to other facilities in the same 21 county before being offered to other nursing homes in the State. In 22 addition, a nursing home that fails to provide at least ten percent 23 fewer days than the number stated in its permit is not eligible to 24 receive additional Medicaid patient days the next year. The 25 department shall analyze the performance of nursing homes that 26 are under the permit minimum for a fiscal year, including 27 utilization data from the State Department of Health and Human 28 Services Oversight and Finance, anticipated back days, delayed 29 payments, CLTC waiting list, and other factors considered 30 significant by the department. Based on this analysis, if the 31 department determines that the nursing home remains out of 32 compliance, the nursing home must be fined by the same 33 percentages as provided for in Section 44-7-90 and is subject to 34 having its Medicaid patient days reduced. A nursing home which 35 terminates its Medicaid contract must not be penalized for not 36 meeting the requirements of this section if the nursing home was in 37 compliance with its permit at the time of the cancellation. 38 However, if the maximum number of Medicaid patient days 39 authorized by the General Assembly is decreased, the nursing 40 home may be required to absorb a proportionate decrease in its 41 Medicaid patient days’ allocation.” 42
1 [80] 226 1 SECTION 30. Section 44-7-90(A) of the 1976 Code is amended 2 to read: 3 4 “(A) Based on reports from the State Department of Health and 5 Human Services Oversight and Finance, the department shall 6 determine each nursing home’s compliance with its Medicaid 7 nursing home permit. Violations of this article include: 8 (1) a nursing home exceeding by more than ten percent the 9 number of Medicaid patient days stated in its permit; 10 (2) a nursing home failing to provide at least ten percent 11 fewer days than the number stated in its permit; 12 (3) the provisions of any Medicaid patient days by a home 13 without a Medicaid nursing home permit.” 14 15 SECTION 31. Section 44-37-40(G) of the 1976 Code is 16 amended to read: 17 18 “(G) The department and the Department of Health and Human 19 Services Oversight and Finance shall establish procedures for 20 providing reimbursement for expenses incurred by entities 21 providing newborn hearing screenings under this section.” 22 23 SECTION 32. Section 44-38-30 of the 1976 Code is amended to 24 read: 25 26 “Section 44-38-30. (A) There is the South Carolina Head and 27 Spinal Cord Injury Information System Council established for the 28 purpose of overseeing the daily activities of the system which shall 29 be under the Head and Spinal Cord Injury Division of the 30 Department of Disabilities and Special Needs. The council is 31 composed of the following ex officio members or their designees: 32 the chairman, Developmental Disabilities Council, Office of the 33 Governor, the chairman of the Joint Committee to Study the 34 Problems of Persons with Disabilities, the State Director Division 35 Chief of the State Department Division of Mental Health, the 36 Commissioner of the Department of Vocational Rehabilitation, the 37 Director of the State Department of Disabilities and Special Needs, 38 the Director of the South Carolina Department of Health and 39 Environmental Control, the Director of the South Carolina 40 Department of Health and Human Services Oversight and Finance, 41 Dean of the University of South Carolina School of Medicine, the 42 Dean of the Medical University of South Carolina, the Executive 43 Director of the South Carolina Hospital Association, one
1 [80] 227 1 representative from each of the head injury advocacy 2 organizations, and one individual with a spinal cord injury. The 3 council shall elect a chairman who may appoint such other 4 nonvoting members who may serve in an advisory capacity to the 5 council, including representatives from the private service delivery 6 sector. 7 (B) Members of the council shall receive no compensation, 8 including subsistence, per diem, or mileage for service on the 9 council.” 10 11 SECTION 33. Section 44-39-20(B)(1)(c) of the 1976 Code is 12 amended to read: 13 14 “(c) the Director of the State Department of Health and Human 15 Services Oversight and Finance;” 16 17 SECTION 34. Section 44-61-30(e) of the 1976 Code is amended 18 to read: 19 20 “(e) An Emergency Medical Services Advisory Council must be 21 established composed of representatives of the Department of 22 Health and Environmental Control, the South Carolina Medical 23 Association, the South Carolina Committee on Trauma, the South 24 Carolina Hospital Association, the South Carolina Heart 25 Association, Medical University of South Carolina, University of 26 South Carolina School of Medicine, South Carolina College of 27 Emergency Physicians, South Carolina Emergency Nurses 28 Association, Emergency Management Division of the Office of the 29 Adjutant General, South Carolina Emergency Medical Services 30 Association, State Board for Technical and Comprehensive 31 Education, Governor’s Office of Highway Safety, Department of 32 Health and Human Services Oversight and Finance, four regional 33 Emergency Medical Services councils, and one EMT first 34 responder agency. Membership on the council must be by 35 appointment by the board. Three members of the advisory council 36 must be members of organized rescue squads operating in this 37 State, three members shall represent the private emergency 38 services systems, and three members shall represent the county 39 emergency medical services systems.” 40 41 SECTION 35. The last two unnumbered paragraphs of Section 42 59-1-450 of the 1976 Code are amended to read: 43
1 [80] 228 1 “The State Board of Education, through the Department of 2 Education, in developing the regulations for this program shall 3 consult with representatives of the Department of Health and 4 Environmental Control, Department of Social Services, the South 5 Carolina State Library, and Health and Human Services Finance 6 Commission the Department of Health Oversight and Finance, and 7 with adult education and early childhood specialists. In 8 developing the regulations, the State Board and State Department 9 of Education shall consider the guidelines developed for the Target 10 2000 Act parenting programs and any available evaluation data. 11 By December, 1993, the chairman of the Human Services 12 Coordinating Council shall convene a committee consisting of 13 supervisors of programs dealing with early childhood and 14 parenting from the Department of Education, Department of 15 Health and Environmental Control, the Department of Social 16 Services, the South Carolina State Library, and the Health and 17 Human Services Finance Commission Department of Health 18 Oversight and Finance; at least one representative from each of 19 these agencies who administer these programs at the county and 20 district level; and adult education and early childhood specialists. 21 The Executive Director of the Finance Commission Department of 22 Health Oversight and Finance shall chair this committee. By July 23 1, 1994, this committee shall report to the Education Oversight 24 Committee and the Joint Committee on Children ways to better 25 coordinate programs for parenting and literacy and recommend 26 changes to each agency’s state regulations or provisions of law 27 which would better promote coordination of programs. The 28 Department of Health and Environmental Control, the Department 29 of Social Services, and the Health and Human Services Finance 30 Commission Department of Health Oversight and Finance shall 31 direct their employees at the county and district levels to cooperate 32 with school district officials in establishing parenting/family 33 literacy programs.” 34 35 SECTION 36. Section 59-123-60(I) of the 1976 Code, as last 36 amended by Act 264 of 2000, is further amended to read: 37 38 “(I) Beginning in fiscal year 2000-2001 state appropriations to 39 the Medical University of South Carolina for support of the 40 Medical University hospitals and clinics shall be redirected to the 41 Department of Health and Human Services Oversight and Finance. 42 These funds shall be used as match funds for the disproportionate 43 share for the hospital’s federal program. Any excess funding may
1 [80] 229 1 be used for hospital base rate increases. Beginning in fiscal year 2 2000-2001 and in subsequent years, the Department of Health and 3 Human Services Oversight and Finance shall pay to the Medical 4 University of South Carolina Hospital Authority an amount equal 5 to the amount appropriated for its disproportionate share to the 6 Department of Health and Human Services Oversight and Finance. 7 This payment shall be in addition to any other funds that are 8 available to the authority from the Medicaid program inclusive of 9 the disproportionate share for the hospital’s federal program. The 10 authority shall continue to operate the hospital as a health provider 11 for the citizens of South Carolina and the clinical site for the 12 education and training programs of the Medical University of 13 South Carolina.” 14 15 SECTION 37. Section 59-123-125 of the 1976 Code, as added 16 by Act 419 of 1998, is amended to read: 17 18 “Section 59-123-125. The funds appropriated to the Medical 19 University of South Carolina for the ‘Rural Physician Program’ 20 shall be administered by the South Carolina Area Health Education 21 Consortium physician recruitment office. The Medical University 22 of South Carolina shall be responsible for the fiscal management 23 of funds to ensure that state policies and guidelines are adhered to. 24 A board is hereby created to manage and allocate these funds in 25 the best interests of the citizens of South Carolina. The board shall 26 be composed of the following: the Executive Director, or his 27 designee, of the South Carolina Primary Care Association; the 28 Dean, or his designee, of the University of South Carolina School 29 of Medicine; the Executive Director, or his designee, of the South 30 Carolina Medical Association; two representatives from rural 31 health care settings, one to be appointed by the Chairman of the 32 Senate Medical Affairs Committee and one to be appointed by the 33 Chairman of the House Medical, Military, Public and Municipal 34 Affairs Committee; the Commissioner, or his designee, of the 35 Department of Health and Environmental Control; the 36 Commissioner, or his designee, of the South Carolina Hospital 37 Association; the Commissioner, or his designee, of the 38 Commission on Higher Education; and the Director, or his 39 designee, of the Department of Health and Human Services 40 Oversight and Finance. The Chairman, with the concurrence of 41 the board, shall appoint three at-large members with two 42 representing nursing and one representing allied health services in 43 South Carolina.”
1 [80] 230 1 2 SECTION 38. Section 44-6-30 of the 1976 Code, as amended by 3 Act 263 of 2004, is further amended to read: 4 5 “Section 44-6-30. The department shall: 6 (1) administer Title XIX of the Social Security Act (Medicaid), 7 including the Early Periodic Screening, Diagnostic and Treatment 8 Program, and the Community Long-Term Care System; 9 (2) be designated as the South Carolina Center for Health 10 Statistics to operate the Cooperative Health Statistics Program 11 pursuant to the Public Health Services Act; 12 (3) be prohibited from engaging in the delivery of services.; 13 (4) to ensure accountability and the coordinated, efficient 14 delivery of health and human services implement an electronic 15 case monitoring system that must be developed by the department 16 and the Office of Research and Statistics, State Budget and Control 17 Board, in consultation with all state health and human services 18 agencies and other entities as necessary.” 19 20 SECTION 39. Chapter 1, Title 43 of the 1976 Code is amended 21 by adding: 22 23 “Section 43-1-270. (A) The Department of Social Services shall 24 establish child development services in the following counties: 25 Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, 26 Chesterfield, Fairfield, Jasper, Lexington, Newberry, and 27 Orangeburg. The services established in each county must provide 28 at least thirty slots for the children of that county. 29 (B) The Department of Social Services shall expand existing 30 child development services in the following counties: Beaufort, 31 Charleston, Florence, Greenville, Hampton, and Richland. The 32 services in each county must be expanded to provide at least 33 twenty new slots but no more than sixty new slots for the children 34 of each county. 35 (C) The establishment and expansion of the child development 36 services pursuant to subsection (A) and (B) must be accomplished 37 within the limits of the appropriations provided by the General 38 Assembly in the annual General Appropriations Act for this 39 purpose and in accordance with the Department of Social Services’ 40 policies for child development services funded through Title XX.” 41 42 SECTION 40. Chapter 6, Title 44 of the 1976 Code is renamed 43 “Department of Health Oversight and Finance”.
1 [80] 231 1 2 SECTION 41. Article 3, Chapter 6, Title 44 of the 1976 Code is 3 repealed. 4 5 SECTION 42. This part takes effect upon approval by the 6 Governor. 7 8 PART VII 9 10 Department of Natural Resources 11 12 SECTION 1. Chapter 4, Title 48 of the 1976 Code, as last 13 amended by Act 181 of 1993, is further amended to read: 14 15 “CHAPTER 4 16 17 Department of Natural Resources 18 19 Section 48-4-10. (A) The South Carolina Department of 20 Natural Resources is created to administer and enforce the laws of 21 this State relating to wildlife, marine resources, and natural 22 resources and other laws specifically assigned to it. The 23 department must be comprised of a Natural Resources 24 Enforcement Division, a Wildlife and Freshwater Fisheries 25 Division, a Marine Resources Division, a Water Resources 26 Division, and a Land Resources and Conservation Districts 27 Division. Each division of the department must have the functions 28 and powers provided by law. 29 (B) All functions, powers, and duties provided by law to the 30 former South Carolina Wildlife and Marine Resources 31 Department, the Geological Survey Division of the Budget and 32 Control Board, to include the State Geologist, and the South 33 Carolina Migratory Waterfowl Committee are transferred to the 34 Department of Natural Resources. All nonregulatory functions, 35 powers, and duties provided by law to the former South Carolina 36 Water Resources Commission and the State Land Resources 37 Conservation Commission are transferred to the Department of 38 Natural Resources. All rules, regulations, standards, orders, or 39 other actions of these entities remain in effect unless specifically 40 changed or voided by the department in accordance with the 41 Administrative Procedures Act. 42 (C) All divisions are directly accountable to and subject to the 43 Department of Natural Resources.
1 [80] 232 1 (D) The Wildlife and Marine Resources Commission, the Land 2 Resources Conservation Commission, and the Water Resources 3 Commission are abolished. Reserved. 4 5 Section 48-4-20. For the purposes of this chapter: 6 (1) ‘Board’ means the governing body advisory board of the 7 department. 8 (2) ‘Department’ means the South Carolina Department of 9 Natural Resources. 10 (3) ‘Director’ or ‘Executive Director’ means the administrative 11 head of the department, appointed by the board Governor with the 12 advice and consent of the Senate. The Director serves at the 13 pleasure of the Governor and may be removed by the Governor 14 pursuant to Section 1 - 3 - 240(B). 15 16 Section 48-4-30. The department shall be governed by a An 17 advisory board consisting of seven non-salaried nonsalaried board 18 members is hereby created for the department. Board members of 19 the former Department of Wildlife and Marine Resources shall 20 serve as board members for the Department of Natural Resources 21 until their terms expire and their successors are appointed and 22 qualify. All advisory board members shall must be appointed by 23 the Governor with the advice and consent of the Senate. One 24 member shall be appointed from each congressional district of the 25 state, and one shall be appointed from the state at-large at large. In 26 making appointments, race, gender, and other demographic factors 27 should must be considered to assure ensure nondiscrimination, 28 inclusion, and representation to the greatest extent possible of all 29 segments of the population of the State; however, consideration of 30 these factors in making an appointment in no way creates a cause 31 of action or basis for an employee grievance for a person 32 appointed or for a person who fails to be appointed. Board 33 Advisory board members must possess sound moral character, and 34 superior knowledge in the fields of wildlife, marine, and natural 35 resource management, and proven administrative ability. 36 The Governor may remove any advisory board member 37 pursuant to the provisions of Section 1-3-240(B). 38 Terms of the members shall be are for four years and until their 39 successors are appointed and qualify. If a vacancy occurs when 40 the General Assembly is not in session, it must be filled by the 41 Governor’s appointment for the unexpired term, subject to 42 confirmation by the Senate at the next session of the General 43 Assembly.
1 [80] 233 1 Each advisory board member, within thirty days after notice of 2 appointment and before taking office, shall take and file with the 3 Secretary of State the oath of office prescribed by the State 4 Constitution. 5 One of the members of the advisory board shall be designated 6 by the Governor to serve as chairman. 7 8 Section 48-4-40. The advisory board members shall receive 9 reimbursement for their expenses incurred while engaged in the 10 work of the board as provided by law for state boards and 11 commissions. 12 13 Section 48-4-50. The advisory board shall be vested with the 14 duty and authority to oversee, manage, and control the operation, 15 administration, and organization of the department subject only to 16 the laws of this State and the United States render advice and 17 counsel, and shall perform such duties and functions as may be set 18 by the department director after consultation with the Governor. 19 The advisory board may hold meetings, as considered necessary by 20 the chairman, with a majority of the board members constituting a 21 quorum. 22 23 Section 48-4-60. The board Director of the Department of 24 Natural Resources shall appoint a director to serve at its pleasure 25 who shall be the administrative head of the department. The 26 director must carry out the policies of the board department and 27 administer the its affairs of the department. The director may 28 exercise all powers belonging to the board department within the 29 guidelines and policies established by the board. The director shall 30 manage the administration and organization of the department, 31 subject to constitutional and statutory provisions, and may appoint 32 such assistants or deputies as the director considers necessary. The 33 director may hire such employees as the director considers 34 necessary for the proper administration of the affairs of the 35 department. The director must prescribe the duties, powers, and 36 functions of all assistants, deputies, and employees of the 37 department. 38 39 Section 48-4-70. The board director shall: 40 (1) hold meetings, as considered necessary by the chairman, 41 with a majority of the board members constituting a quorum. The 42 board may hold meetings, transact business, or conduct
1 [80] 234 1 investigations at any place necessary; however, its primary office 2 is in Columbia; 3 (2) formulate and recommend legislation to enhance 4 uniformity, enforcement, and administration of the wildlife, 5 marine, and natural resource laws; 6 (3) make an annual report to the General Assembly on all 7 matters relating to its action the department; 8 (4)(2) require those of its the department’s officers, agents, and 9 employees it he designates to give bond for the faithful 10 performance of their duties in the sum and with the sureties it he 11 determines, and all premiums on the bonds must be paid by the 12 board department; 13 (5)(3) pay travel expenses; and purchase or lease all necessary 14 facilities, equipment, books, periodicals, and supplies for the 15 performance of its his duties; and 16 (6)(4) exercise and perform other powers and duties as granted 17 to it the director or imposed upon it the director by law. 18 19 Section 48-4-80. The board director may: 20 (1) make rules and promulgate regulations, not inconsistent 21 with law, to aid in the performance of its the department’s duties. 22 The board director may prescribe the extent, if any, to which these 23 rules and regulations must be applied without retroactive effect. 24 These regulations must be promulgated through the Department of 25 Natural Resources. 26 (2) exercise all authority granted to it the department under the 27 laws and regulations relating to wildlife, marine and natural 28 resources. 29 (3) conduct such hearings as may be required by law.” 30 31 SECTION 2. Section 48-9-15 of the 1976 Code is amended to 32 read: 33 34 “Section 48-9-15. As used in this chapter: 35 (1) ‘Department’ means the Department of Natural Resources. 36 (2) ‘Division’ means Land Resources and Conservation 37 Districts Division of the Department of Natural Resources. 38 (3) ‘Director’ means the administrative head of the department 39 appointed by the board Governor.” 40 41 SECTION 3. Section 51-17-10 of the 1976 Code, as last 42 amended by Act 181 of 1993, is further amended to read: 43
1 [80] 235 1 “Section 51-17-10. The following words or phrases have the 2 definition given unless clearly specified otherwise: 3 1. ‘Board of the department’ means the governing board of the 4 Department of Natural Resources Reserved. 5 2. ‘Department’ means the Department of Natural Resources. 6 3. ‘Advisory board’ means the Heritage Trust Advisory Board. 7 4. ‘Natural area’ means an area of land or water, or a 8 combination thereof, generally, but not necessarily, large in size. 9 Such an area may be in public or private ownership and shall 10 contain relatively undisturbed ecosystems, landforms, threatened, 11 endangered, or unique plant life or animal habitats, or other 12 unusual or outstanding scientific, educational, aesthetic, or 13 recreational characteristics. 14 5. ‘Natural feature’ means an area of land or water, or a 15 combination thereof, which is generally, but not necessarily, small 16 in size. Such area may be in public or private ownership and shall 17 contain or consist of outstanding remnants or natural elements of 18 surviving undisturbed natural ecosystems such as record size 19 individual species of plant life, nests or rookeries, geological 20 formations, or objects of special scientific, educational, aesthetic, 21 or recreational character. 22 6. ‘Cultural area or feature’ means an area or feature which 23 provides an outstanding example of our historical or archeological 24 heritage. Such an area or feature shall be a site of special historic 25 interest or contain outstanding remnants or elements of the way of 26 life and significant events of our past so that through their 27 preservation and the restoration of related existing structures, or 28 the development of a historic area, as well as through study, 29 investigation and examination of the material remains in that life, a 30 record may be preserved of the interrelationship and effect 31 between man’s activities and his surrounding environment. A 32 cultural area or feature may be one that is either publicly or 33 privately owned. 34 7. ‘Heritage Preserve’ means a natural or cultural area or feature 35 which is ‘dedicated’ under this chapter. 36 8. ‘Heritage Site’ means a natural or cultural feature which has 37 been recognized as such through ‘registration’ under this chapter. 38 9. ‘Dedicate or dedication’ means the process by which any 39 natural or cultural area or feature shall be established as a Heritage 40 Preserve in accordance with the procedures set out in Section 41 51-17-80. Dedication may result from either of the following 42 methods, but no power of eminent domain is hereby conferred or
1 [80] 236 1 granted to the board of the department, the advisory board, or to 2 the Department of Natural Resources under this chapter: 3 (a) ‘Acquisition’ means the establishment of a Heritage 4 Preserve whereby the owner of a natural or cultural area or feature 5 transfers the fee simple interest therein to the board of the 6 department for such purpose; or 7 (b) ‘Acceptance’ means the establishment of a Heritage 8 Preserve whereby the owner of a natural or cultural area or feature 9 transfers less than the fee simple interest therein to the board of the 10 department Department of Natural Resources for such purpose. 11 Examples are granting of a ‘conservation or open space easement’ 12 or the transfer of title subject to a life estate or reverter. Interests 13 in real estate of a term of years shall not qualify for dedication 14 under this chapter. 15 10. ‘Register’ or ‘registration’ means the process by which the 16 owner of a natural or cultural feature shall enter into a written 17 agreement with the board of the department Department of Natural 18 Resources recognizing the unique and outstanding characteristics 19 thereof in accordance with the procedures set out in Section 20 51-17-100. 21 11. ‘Priority areas and features list’ means the list made up of 22 those areas and features recommended by the advisory board, and 23 approved by the board of the department Department of Natural 24 Resources, under this chapter whose preservation is of primary 25 importance to the goals and purposes of this chapter and which are, 26 therefore, eligible to be included as Heritage Preserves and Sites. 27 12. ‘The Heritage Trust Program’ means the entire system 28 established under this chapter to provide for the inventorying, 29 preservation, use and management of unique and outstanding 30 natural or cultural areas and features in this State. The term 31 ‘Heritage Trust’ means the legal trust which is created under 32 Section 51-17-90.” 33 34 SECTION 4. Section 51-17-50 of the 1976 Code, as last 35 amended by Act 361 of 1994, is further amended to read: 36 37 “Section 51-17-50. The Heritage Trust Advisory Board is 38 hereby created to assist the board of the department Department of 39 Natural Resources in carrying out its duties and responsibilities 40 under this chapter. The advisory board shall consist of seventeen 41 members who shall be chosen as follows and shall elect from its 42 membership a chairman:
1 [80] 237 1 1. From the general public, six persons, one from each 2 congressional district within the State, who shall be appointed by 3 the Governor and serve for a term of six years. Of these six, four 4 persons shall be from the scientific community who are recognized 5 and qualified experts in the ecology of natural areas, and two 6 persons shall be from the cultural community who are recognized 7 and qualified experts in the history and archeology of the State. 8 The term ‘expert’ does not of necessity denote a professional but 9 one learned and interested in the field. 10 2. From state government, the following persons or their 11 designees: 12 A.The Chairman of the board of the Department of Natural 13 Resources; 14 B.(A) The Director of the Department of Natural Resources; 15 C.(B) The Director of the South Carolina Department of 16 Park, Recreation and Tourism; 17 D.(C) The Director of the Land Resources Conservation 18 Districts Division of the Department of Natural Resources; 19 E.(D) The Director of the South Carolina Department of 20 Archives and History; 21 F.(E) The State Forester; 22 G.(F) The State Archeologist; 23 H.(G) The Director of the State Museum; and 24 I. (H) The Secretary of Commerce. 25 Provided, however However, of the initial appointees under this 26 section, that of the six persons appointed under Item 1 above, two 27 shall serve for a term of two years, two for a term of four years, 28 and two for a term of six years.” 29 30 SECTION 5. Section 51-17-70 of the 1976 Code is amended to 31 read: 32 33 “Section 51-17-70. The department shall act as the basic staff 34 for the board of the department and the advisory board and shall 35 have the following powers and duties: 36 1. The director shall select a member of his staff who shall be 37 primarily responsible for the administration of the Heritage Trust 38 Program. 39 2. The department shall supply such other staff and support 40 services as the board of the department and the advisory board 41 shall require to fulfill their duties and responsibilities under this 42 chapter.
1 [80] 238 1 3. The department shall maintain a public record of any 2 inventories or lists established under this chapter. 3 4. The department shall work with owners, both public and 4 private, in the development of proposals for the dedication and 5 recognition of natural and cultural areas and features as Heritage 6 Preserves and Sites, and it shall keep the advisory board informed 7 of the same in order that therefrom the advisory board may make 8 recommendations to the board of the department as provided under 9 this chapter. 10 5. The department shall consult with and work in cooperation 11 with the Department of Archives and History, the State 12 Archeologist, the Department of Parks, Recreation and Tourism 13 and any other state, county, or local unit of government, or any 14 private entity, or group which is or should be directly involved in 15 the Heritage Trust Program as well as in any particular efforts to 16 preserve or protect any specific area or feature under the 17 provisions of this chapter. In all cases, the department shall 18 attempt to avoid duplication of effort with other agencies and 19 groups and shall have no mandatory authority hereunder to require 20 action by any such body.” 21 22 SECTION 6. Section 51-17-90 of the 1976 Code, as last 23 amended by Act 181 of 1993, is further amended to read: 24 25 “Section 51-17-90. There is hereby created the South Carolina 26 Heritage Trust, the trustee of which shall be the Board of the South 27 Carolina Department of Natural Resources Director of the 28 Department of Natural Resources. The corpus of the trust shall be 29 made up of those Heritage Preserves which the board director of 30 the department considers to be of such outstanding and unique 31 natural or cultural character so as to be significant and essential to 32 the carrying out of the goals and purposes of this chapter and as 33 such, to merit a greater degree of preservation than that provided 34 by dedication. The board director of the department shall have 35 authority to place into the corpus of the trust any Heritage Preserve 36 that it the director feels meets this criteria and which has been 37 recommended for inclusion therein by the advisory board. The 38 beneficiaries of this trust are and shall be the present and future 39 generations of citizens of the State, more particularly those present 40 and future citizens residing within a close proximity to any area or 41 feature which itself, or an interest therein, becomes, constitutes, or 42 comprises a part of the corpus of such trust and who actually enjoy 43 use of such area or feature; and further and more particularly, those
1 [80] 239 1 present and future students, teachers, and persons residing in the 2 State who are concerned with conservation or with research in any 3 facet of ecology, history, or archeology and who actually utilize 4 any such area or feature for the promotion of such interest. 5 Wherever the term ‘area or feature’ is used in this section, it 6 shall include ‘or interests therein’. The following, except as 7 otherwise expressly provided, shall constitute substantive terms of 8 the trust and apply to any area or feature which becomes a part of 9 the corpus thereof: 10 1. Upon approval by the board director of the department of the 11 inclusion of a Heritage Preserve in the corpus of the South 12 Carolina Heritage Trust, such transfer shall be recorded in the 13 county in which the property is located and shall establish 14 conclusive proof that such area or feature is suitable for 15 preservation and protection under this chapter and constitutes a 16 part of the corpus of the South Carolina Heritage Trust. 17 2. In any case wherein the previous owner of a Heritage 18 Preserve has restricted such area or feature from inclusion in the 19 South Carolina Heritage Trust, or where the previous owner has 20 withheld an interest therein such as a life estate or reverter, the 21 Heritage Preserve involved shall not be allowed to become a part 22 of the corpus of the South Carolina Heritage Trust unless at a 23 subsequent time such approval is obtained from such person or his 24 successor in interest. 25 3. Upon the approval by the board director of the department of 26 the inclusion of any Heritage Preserve in the South Carolina 27 Heritage Trust and the transfer of the title or interest held by the 28 board director of the department therein to the trust, subject to the 29 provisions of Item 2 of this section, legal title to such area or 30 feature shall be conveyed to the trustee of the South Carolina 31 Heritage Trust and the equitable, or beneficial ownership, shall rest 32 in those beneficiaries previously stated and described, whether 33 such property was owned by a private or public source prior to 34 dedication. 35 4. Upon approval by the advisory board, the department, and the 36 board director of the department, and any agency of the State is 37 hereby authorized to enter into agreement in advance with any 38 person, firm, corporation, legal entity of government, or any 39 private group that any particular area or feature shall be conveyed 40 to the trustee in trust under the provisions of this chapter. 41 5. Upon approval by the board director of the department of 42 inclusion of any Heritage Preserve into the corpus of the South 43 Carolina Heritage Trust, the advisory board shall review the
1 [80] 240 1 management plan therefor as well as the ‘Dedication Agreement’ 2 and any other sources of information which it may consider 3 appropriate. Upon approval thereof by the board director of the 4 department, the department, or that agency or group assigned 5 management responsibilities therefor, shall manage the property in 6 accordance therewith. Except to the extent expressly otherwise 7 provided in the ‘Dedication Agreement’, the following substantive 8 terms shall be deemed to be set forth in the conveyance to the 9 Heritage Trust and the trustee shall hold such property in trust 10 subject to such terms: 11 (a) The essential natural character of the property shall be 12 maintained. 13 (b) There shall be no erection of any improvements thereon 14 except those minimal improvements necessary for the security, 15 safety, or convenience of the public and those required for 16 maintenance and management. 17 (c) Cutting or burning of timber, wood or other destruction 18 of flora or fauna shall be permitted only for conservation or 19 regeneration of flora or fauna; or for the control of plant 20 succession by deliberate manipulation for restoration of 21 preservation of a particular vegetation type or of an endangered 22 species of flora, fauna or wildlife; or for the establishment and 23 maintenance of nature and hiking trails, camping areas and the like 24 where compatible and consistent with the character of the area or 25 feature concerned and not seriously damaging or detrimental to the 26 natural quality of the property. 27 (d) No stream shall be dammed or have its course altered. 28 (e) No motorized vehicles shall be permitted on the property 29 other than those utilized by the trustee or its agents in management 30 and protection of the property or used by the general public for 31 ingress and egress to the property in compliance with the 32 management plan for the area or feature concerned. 33 (f) No change shall be made in the general topography of 34 the area or feature except for those minimal alterations which may 35 be necessary to provide on-foot access to the public for visitation, 36 or observation; and this shall be done only where wholly 37 compatible and consistent with the character of the property and 38 where no detrimental effect shall result. 39 (g) No activity shall be allowed or permitted which might 40 pollute any stream, body of water, or the atmosphere. 41 (h) No signs, billboards or other advertising of any kind 42 shall be erected; however, informational and directional signs 43 related to the designation of the area or feature as a Heritage
1 [80] 241 1 Preserve and related to the public’s enjoyment thereof shall be 2 allowed when approved by the trustee. 3 (i) No other acts or uses which are detrimental to the 4 retention of the property in its natural state shall be allowed, 5 including those detrimental to flood control, drainage, water 6 conservation, erosion control or soil conservation, or fish or 7 wildlife habitat preservation. 8 (j) Where cultural areas or features are involved, reasonable 9 excavation, improvement and the like shall be allowed for research 10 purposes as well as to restore such area or feature. 11 (k) The trust shall continue in perpetuity. 12 (l) Nothing in this chapter shall be interpreted as restricting 13 the use of an existing or any future easement, express or implied, 14 in favor of any utility or other holder of an easement for public 15 purposes. 16 6. Those natural and related cultural areas and features which 17 are acquired as Heritage Preserves in accordance with the trust 18 provisions of this chapter are hereby declared to be as such at their 19 highest, best and most important use for the public benefit. The 20 State, any agencies thereof, local or county entities of government, 21 or public utility which has the power of condemnation by law may 22 acquire by purchase, gift, or eminent domain an easement or other 23 interest in any property comprising a part of the corpus of the 24 Heritage Trust; provided, however, that before any such 25 condemnation shall occur, a court of competent jurisdiction shall 26 determine the following: 27 (1) there is an unavoidable and imperative public necessity 28 that the property or interest therein be taken for another public use; 29 (2) that there is no feasible and prudent alternative for the 30 proposed use for which the property or interest therein is to be 31 taken; and 32 (3) that the proposal for taking includes all possible planning 33 to minimize the harm done to such property resulting from such 34 proposed use. Where the court deems appropriate, a public 35 hearing shall be conducted prior to the court’s decision to allow 36 comment and input thereto. No city, county, public district, 37 agency of the State, or public utility of the State shall acquire any 38 real property which is a part of the corpus of the Heritage Trust 39 through condemnation for the purpose of utilizing such property 40 for another public use unless the acquiring entity pays or transfers 41 to the Heritage Trust sufficient compensation to enable the 42 operating entity to replace the real property and facilities thereon. 43 The trustee of the trust shall have authority to utilize such proceeds
1 [80] 242 1 to acquire additional property for the trust and to maintain those 2 properties which form the corpus of the trust. 3 7. The common law of South Carolina pertaining to trusts shall 4 be applicable to the Heritage Trust and to all areas or features, or 5 interests therein, which become a part of this corpus. Without in 6 any way limiting the generality of the foregoing, such trusts shall 7 not fail for want of a trustee, and the trust shall be terminated as to 8 any particular area or feature, or interest therein, only upon total 9 failure of the intended purpose. Any substitution of the trustee or 10 termination of the trust as to any particular area or feature, or 11 interests therein, shall occur only after appropriate judicial action 12 wherein the beneficiaries are adequately represented, and such 13 total failure shall not in any way affect the remainder of the 14 property within the corpus of the trust. 15 8. The trustee shall hold, manage, preserve and enforce the 16 various areas and features, or interests therein, which become a 17 part of the corpus of the trust in accordance with the terms of this 18 chapter and in any respective conveyances and transfers thereto. 19 To that end the trustees may adopt and modify rules and 20 regulations for the use and enjoyment of such trust properties by 21 the public, and may employ or appoint agents to act on their behalf 22 in the management of such properties.” 23 24 SECTION 7. Section 51-17-130 of the 1976 Code, as last 25 amended by Act 181 of 1993, is further amended to read: 26 27 “Section 51-17-130. 1. Enforcement officers of the Natural 28 Resources Enforcement Division of the Department of Natural 29 Resources, park rangers, and forestry rangers, as well as all other 30 state and local law enforcement officials, shall have authority to 31 enforce the provisions of this chapter. 32 2. The Attorney General shall enforce the rules and regulations 33 of the board of the department both as they apply to those areas 34 dedicated as well as those that are subsequently made a part of the 35 corpus of the South Carolina Heritage Trust. In exercise of this 36 authority, the Attorney General may, among other things and at the 37 request of the board of the department, bring an action for 38 injunctive or declaratory relief in any court of competent 39 jurisdiction. 40 3.(a)Any person violating the provisions of this chapter where 41 the damage to the property does not exceed five hundred dollars is 42 guilty of a misdemeanor and, upon conviction, shall be fined not
1 [80] 243 1 more than one hundred dollars or be imprisoned not more than 2 thirty days for each offense. 3 (b) Any person violating the provisions of this chapter where 4 the damage to the property exceeds five hundred dollars is guilty 5 of a misdemeanor and, upon conviction, shall be fined not less 6 than five hundred dollars nor more than five thousand dollars or be 7 imprisoned not more than six months, or both, for each offense.” 8 9 SECTION 8. Section 51-18-60(2)(a) of the 1976 Code, as 10 added by Act 387 of 2000, is amended to read: 11 12 “(a) the Chairman of the Board Director of the Department of 13 Natural Resources;” 14 15 SECTION 9. Section 1-5-40(A)(69)(a) of the 1976 Code is 16 amended to read: 17 18 “(a) Natural Resources Advisory Board” 19 20 SECTION 10. Section 48-45-80 of the 1976 Code is amended to 21 read: 22 23 “Section 48-45-80. There is hereby created an advisory 24 committee to the Consortium Director to consist of seven members 25 who shall serve for terms of four years and until their successors 26 are appointed and qualified. Four members must be appointed by 27 the Governor with the advice and consent of the Senate. The four 28 members appointed by the Governor must be residents of coastal 29 counties, no more than one from each county, and two must be 30 associated with the commercial fishing industry. The chairmen of 31 the Senate Fish, Game and Forestry Committee, and House 32 Agriculture and Natural Resources Committee, and Department of 33 Natural Resources Board shall each appoint one member upon the 34 recommendation of a majority of the members of their respective 35 committees and commission. The Director of the Department of 36 Natural Resources shall serve as the seventh member. The four 37 members appointed by the Governor must be residents of coastal 38 counties, no more than one from each county, and two must be 39 associated with the commercial fishing industry.” 40 41 SECTION 11. Section 48-59-40(A)(1) of the 1976 Code is 42 amended to read: 43
1 [80] 244 1 “(1) the Chairman of the Board for Director of the Department 2 of Natural Resources, the Chairman of the South Carolina Forestry 3 Commission, and the Director of the South Carolina Department of 4 Parks, Recreation and Tourism, all of whom shall serve ex officio 5 and without voting privileges;” 6 7 SECTION 12. Section 49-23-20(n) of the 1976 Code is amended 8 to read: 9 10 “(n) ‘Board’ means the governing authority of the Department 11 of Natural Resources.” 12 13 SECTION 13. Section 49-25-40 of the 1976 Code is amended to 14 read: 15 16 “Section 49-25-40. The state climatologist may certify copies as 17 being authentic reproductions of weather records held in the State 18 and shall present a report each year to the board of the Director of 19 the Department of Natural Resources concerning the activities of 20 the climatic program and other information which the board 21 director may consider necessary.” 22 23 SECTION 14. Section 50-1-5 of the 1976 Code is amended to 24 read: 25 26 “Section 50-1-5. For the purposes of Title 50, unless the context 27 clearly indicates otherwise,: 28 (1) ‘Board’ means the governing body of the department. 29 (2) ‘Department’ means the South Carolina Department of 30 Natural Resources. 31 (3)(2) ‘Director’ means the administrative head of the 32 department, appointed by the board Governor. 33 (4)(3) ‘Enforcement officer’ means an enforcement officer of 34 the Natural Resources Enforcement Division of the department.” 35 36 SECTION 15. Section 50-3-180(A) of the 1976 Code is 37 amended to read: 38 39 “(A) The Mitigation Trust Fund of South Carolina is credited for 40 the purposes of receiving gifts, grants, contributions, and other 41 proceeds for mitigation projects in the State. The Board of 42 Trustees for the Mitigation Trust Fund is the chairman and the 43 members of the South Carolina Department of Natural Resources
1 [80] 245 1 Board with Director of the Department of Natural Resources has 2 full authority over the administration of the funds deposited in the 3 fund. The State Treasurer is the custodian of the fund and shall 4 invest its assets in an interest-bearing account pursuant to South 5 Carolina law.” 6 7 SECTION 16. Section 50-3-720 of the 1976 Code is amended to 8 read: 9 10 “Section 50-3-720. There is created the Board of Trustees of the 11 Wildlife Endowment Fund of the Department of Natural 12 Resources, with. The Director of the Department of Natural 13 Resources has full authority over the administration of the fund, 14 whose chairman and members are the chairman and members of 15 the board of the Department of Natural Resources. The State 16 Treasurer is the custodian of the fund and shall invest its assets in 17 accordance with the provisions of Title 11.” 18 19 SECTION 17. Section 50-3-910 of the 1976 Code is amended to 20 read: 21 22 “Section 50-3-910. There is created the Board of Trustees of the 23 Jocassee Gorges Trust Fund of the Department of Natural 24 Resources, with. The Director of the Department of Natural 25 Resources has full authority over the administration of the fund, 26 whose chairman and members are the chairman and members of 27 the board of the Department of Natural Resources. The State 28 Treasurer is the custodian of the fund and shall invest its assets in 29 accordance with the provisions of Title 11.” 30 31 SECTION 18. Section 50-3-1120 of the 1976 Code is amended 32 to read: 33 34 “Section 50-3-1120. The board Director of the Department of 35 Natural Resources serves ex officio as the Conservation Grant 36 Fund Board with full authority over the administration of the 37 fund.” 38 39 SECTION 19. Section 50-5-1950 of the 1976 Code is amended 40 to read: 41 42 “Section 50-5-1950. (A) A Saltwater Recreational Fisheries 43 Advisory Committee is established to assist in prioritizing the
1 [80] 246 1 expenditures of monies received in the special account. The 2 committee is composed of: 3 (1) one member of the Board of the Director of the 4 Department of Natural Resources to serve ex officio; 5 (2) two at-large members appointed by the Governor; and 6 (3) one member from each of the following coastal counties 7 appointed by a majority of the respective legislative delegations of 8 Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, 9 Dorchester, and Berkeley Counties. 10 (B) The members in subsection (A)(2) and (3) shall represent 11 the saltwater recreational fishing community. 12 (C) Committee members shall be paid the usual mileage, 13 subsistence, and per diem as prescribed by law for members of 14 state boards, commissions, and committees to be paid from 15 revenues from the sale of stamps, licenses, prints, and related 16 articles. 17 (D) The terms of members in subsection (A)(2) and (3) are for 18 four years and are limited to two consecutive terms. Vacancies 19 shall be filled for the remainder of the unexpired term in the 20 manner of original appointment.” 21 22 SECTION 20. Section 50-11-20 of the 1976 Code is amended to 23 read: 24 25 “Section 50-11-20. (A) As used in this article: 26 (1) ‘Board’ means the governing body of the South Carolina 27 Department of Natural Resources. 28 (2) ‘Committee’ means the Migratory Waterfowl 29 Committee. 30 (3)(2) ‘Department’ means the South Carolina Department of 31 Natural Resources. 32 (4)(3) ‘Migratory waterfowl’ means members of the family 33 ‘Anatidae’, including brants, ducks, geese, and swans. 34 (B) There is created the Migratory Waterfowl Committee 35 composed of nine members. A designee, who is not a paid 36 employee, of Ducks Unlimited of South Carolina, a designee, who 37 is not a paid employee, of the South Carolina Waterfowl 38 Association, and the Chairman of the Board Director of the 39 Department of Natural Resources, or his designee, shall serve ex 40 officio. Two members are appointed by the Chairman of the 41 Agriculture and Natural Resources Committee of the House of 42 Representatives, two are appointed by the Chairman of the Fish, 43 Game and Forestry Committee of the Senate, and two are
1 [80] 247 1 appointed by the Governor, all of whom must be cognizant of 2 waterfowl. The members of the committee shall serve for terms of 3 three years and until successors are appointed and qualify. 4 Vacancies are filled for the unexpired term in the manner of the 5 original appointment. The members of the committee shall elect a 6 chairman annually. Members of the committee are eligible to 7 receive the per diem, subsistence, and mileage as is provided by 8 law for members of boards, commissions, and committees. 9 (C) The committee is responsible for the creation of the annual 10 migratory waterfowl stamp provided in Section 50-9-530, shall 11 provide the design to the department, and shall recommend 12 regulations to the department for the creation of migratory 13 waterfowl stamp prints, their administration, sale, and distribution, 14 and other matters relating to the stamps and their prints. If the 15 committee sells any of the stamps, it shall purchase them from the 16 department for five dollars and fifty cents a stamp, all of which is 17 retained by the department. Funds derived from the sale of prints 18 and related artwork must be expended as follows: 19 (1) The portion of the funds necessary to make up fifty 20 percent of the total funds derived from the sale of the migratory 21 waterfowl stamps and the migratory waterfowl stamp prints must 22 be transferred by the committee to the department to be used for its 23 specified projects. 24 (2) Except for the amount necessary for the committee to 25 administer and promote the sale of any prints, stamps, or related 26 articles, the remainder of the funds derived from the sale of the 27 prints and related articles must be disbursed to an appropriate 28 nonprofit organization as determined by the board Director of the 29 Department of Natural Resources for the development of 30 waterfowl propagation projects within Canada. The projects must 31 specifically provide waterfowl for the Atlantic Flyway and must 32 demonstrate evidence that the projects are acceptable to the 33 appropriate governmental agencies having jurisdiction over the 34 project areas. 35 (3) The committee shall have an annual audit of its finances 36 conducted by the State Auditor and shall furnish a copy to the 37 board department.” 38 39 SECTION 21. This part takes effect January 1, 2006. 40 41 PART VIII 42 43 Licensure and Regulation of Childcare Facilities
1 [80] 248 1 2 SECTION 1. Section 20-7-2700k. of the 1976 Code, as last 3 amended by Act 20 of 2003, is further amended to read: 4 5 “k. ‘Department’ means the State Department of Social 6 Services Department of Health and Environmental Control, the 7 agency designated to administer the regulation of childcare 8 facilities under this subarticle, with the advice of the State 9 Advisory Committee on the Regulation of Childcare Facilities.” 10 11 SECTION 2. Section 20-7-2710c. of the 1976 Code, as amended 12 by Act 2 of 2003, is further amended to read: 13 14 “c. Nothing in this subarticle shall create authority for the 15 Department of Social Services Health and Environmental Control 16 to influence or regulate the curriculum of childcare facilities.” 17 18 SECTION 3. Section 20-7-2870 of the 1976 Code, as last 19 amended by Act 2 of 2003, is further amended to read: 20 21 “Section 20-7-2870. The department shall visit the facility 22 when concerns are expressed by the community regarding the 23 health and safety of the children, child abuse, or enrollment 24 beyond the limits set forth in this subarticle. 25 a. If the concern is in regard to the health and safety of the 26 children, the department may call on other appropriate agencies 27 (i.e., State Department of Health and Environmental Control, 28 Office of the State Fire Marshal) as necessary to conduct an 29 inspection. 30 b. If the concern indicates that the child has been abused, the 31 department shall carry out its responsibility as authorized under 32 Article 7 of this chapter. 33 c. If the visits and inspections verify conditions detrimental to 34 the health and safety of the children or overenrollment, the 35 department shall carry out its responsibility as authorized by 36 Section 20-7-2860(C) and Section 20-7-3010.” 37 38 SECTION 4. Section 20-7-2980a.(1) of the 1976 Code as last 39 amended by Act 2 of 2003, is further amended to read: 40 41 “(1) Other state agencies, including the State Department of 42 Health and Environmental Control, the Office of the State Fire 43 Marshal, and the Office of the Attorney General.”
1 [80] 249 1 2 SECTION 5. Section 20-7-2990a. of the 1976 Code, as amended 3 by Act 2 of 2003, is further amended to read: 4 5 “a. In exercising the powers of licensing, approving, renewing, 6 revoking, or making provisional licenses and approvals, the 7 department shall investigate and inspect licensees and approved 8 operators and applicants for a license or an approval. The 9 authorized representative of the department may visit a childcare 10 center or group childcare home anytime during the hours of 11 operation for purposes of investigations and inspections. In 12 conducting investigations and inspections, the department may call 13 on political subdivisions and governmental agencies for 14 appropriate assistance within their authorized fields. The 15 inspection of the health and fire safety of childcare centers and 16 group childcare homes must be completed upon the request of the 17 department by the appropriate agencies (i.e., Department of Health 18 and Environmental Control, the Office of the State Fire Marshal, 19 or local authorities). Inspection reports completed by state 20 agencies and local authorities must be furnished to the department 21 and become a part of its determination of conformity for licensing 22 and approval. After careful consideration of the reports and 23 consultation where necessary, the department shall assume 24 responsibility for the final determination of licensing, approving, 25 renewing, revoking, or making provisional licenses and 26 approvals.” 27 28 SECTION 6. Section 20-7-3097(A) of the 1976 Code, as last 29 amended Act 263 of 2004, is further amended to read: 30 31 “(A) Before the Department of Social Services Health and 32 Environmental Control employs a person in its childcare licensing 33 or child protective services divisions, the person shall undergo a 34 state fingerprint review to be conducted by the State Law 35 Enforcement Division to determine any state criminal history and a 36 fingerprint review to be conducted by the Federal Bureau of 37 Investigation to determine any other criminal history. No person 38 may be employed in these divisions if the person has been 39 convicted of or pled guilty or nolo contendere to any crime listed 40 in Section 20-7-2725(A). 41 This section does not prohibit employment when a conviction or 42 plea of guilty or nolo contendere for one of the crimes listed has 43 been pardoned. However, notwithstanding the entry of a pardon,
1 [80] 250 1 the department may consider all information available, including 2 the person’s pardoned convictions or pleas and the circumstances 3 surrounding them, to determine whether the applicant is unfit or 4 otherwise unsuited for employment.” 5 6 SECTION 7. Section 20-7-3050 of the 1976 Code is amended to 7 read: 8 9 “Section 20-7-3050. The State Advisory Committee on the 10 Regulation of Childcare Facilities shall: 11 a. Review proposed changes in the regulations and suggested 12 standards proposed by the director or his designee and make 13 recommendations on these proposed changes to the director or his 14 designee board of the Department of Health and Environmental 15 Control. The committee shall evaluate the regulations and 16 suggested standards at the three-year review period (subsection c. 17 of Section 20-7-2980) and recommend necessary changes. No 18 regulation may be promulgated if the standard has been 19 disapproved by a simple majority of the committee. 20 b. Advise the department regarding the improvement of the 21 regulation of childcare facilities. 22 c. Advise the department on matters of regulatory policy, 23 planning, and priorities. 24 d. As it considers necessary, hold a public hearing at least thirty 25 days before adoption of the regulations. 26 e. Plan with the department for the procedures to be used in 27 notifying licensees, approved operators, and registrants regarding 28 regulatory changes sixty days before intended promulgation. 29 f. Maintain through the department the essential liaison with 30 other departments and agencies of state and local government so as 31 to preclude imposition of duplicate requirements upon operators 32 subject to regulations under this subarticle. 33 g. Act to move the adoption of its recommendations and other 34 pertinent disposition of matters before it by decision of a simple 35 majority of those members present and voting, provided there is a 36 quorum of eight members.” 37 38 SECTION 8. This part takes effect January 1, 2006. 39 40 PART IX 41 42 Miscellaneous 43
1 [80] 251 1 SECTION 1. (A) Where the provisions of this act transfer 2 particular state agencies, departments, boards, commissions, 3 committees or entities, or sections, divisions or portions thereof 4 (transferring departments), to another state agency, department, 5 division or entity or make them a part of another department or 6 division (receiving departments), the employees, authorized 7 appropriations, bonded indebtedness if applicable, and real and 8 personal property of the transferring department are also 9 transferred to and become part of the receiving department or 10 division unless otherwise specifically provided. All classified or 11 unclassified personnel of the affected agency, department, board, 12 commission, committee, entity, section, division or position 13 employed by these transferring departments on the effective date 14 of this act, either by contract or by employment at will, shall 15 become employees of the receiving department or division, with 16 the same compensation, classification, and grade level, as 17 applicable. The Budget and Control Board shall cause all 18 necessary actions to be taken to accomplish this transfer and shall 19 in consultation with the agency head of the transferring and 20 receiving agencies prescribe the manner in which the transfer 21 provided for in this section shall be accomplished. The boards’ 22 action in facilitating the provisions of this section are ministerial in 23 nature and shall not be construed as an approval process over any 24 of the transfers. 25 (B) Where an agency, department, entity or official is 26 transferred to or consolidated with another agency, department, 27 division, entity or official, regulations promulgated by that 28 transferred agency, department, entity or official under the 29 authority of former provisions of law pertaining to it are continued 30 and are considered to be promulgated under the authority of 31 present provisions of law pertaining to it. 32 (C) References to the names of agencies, departments, entities 33 or public officials changed by this act, to their duties or functions 34 herein devolved upon other agencies, departments, entities or 35 officials, or to provisions of law consolidated with or transferred to 36 other parts of the 1976 Code are considered to be and must be 37 construed to mean appropriate references. 38 (D) Employees or personnel of agencies, departments, entities 39 or public officials, or sections, divisions or portions thereof, 40 transferred to or made a part of another agency, department, 41 division, or official pursuant to the terms of this act shall continue 42 to occupy the same office locations and facilities which they now 43 occupy unless or until otherwise changed by appropriate action
1 [80] 252 1 and authorization. The rent and physical plant operating costs of 2 these offices and facilities, if any, shall continue to be paid by the 3 transferring agency, department, entity or official formerly 4 employing these personnel until otherwise provided by the General 5 Assembly. The records and files of the agencies which formerly 6 employed these personnel shall continue to remain the property of 7 these transferring agencies, except that these personnel shall have 8 complete access to these records and files in the performance of 9 their duties as new employees of the receiving agency. 10 (E) Unless otherwise provided herein or by law, all fines, fees, 11 forfeitures, or revenues imposed or levied by agencies, personnel, 12 or portions thereof, so transferred to other agencies or departments 13 must continue to be used and expended for those purposes 14 provided prior to the effective date of this act. If a portion of these 15 fines, fees, forfeitures, or revenues were required to be used for the 16 support, benefit, or expense of personnel transferred, such funds 17 must continue to be used for these purposes. 18 (F) The Budget and Control Board, in consultation with the 19 appropriate standing committees of the General Assembly as 20 designated by the President Pro Tempore of the Senate and the 21 Speaker of the House of Representatives and the other affected 22 agencies, shall prescribe the manner in which the provisions of 23 subsections (A), (D), and (E) must be implemented where 24 agreement between the affected agencies cannot be obtained. 25 (G) Where the functions of former agencies have been 26 devolved on more than one department or departmental division, 27 the general support services of the former agency must be 28 transferred to the restructured departments or departmental 29 divisions as provided by the General Assembly in the annual 30 general appropriations act. 31 (H) The membership of the Legislative Council shall cause the 32 changes to the 1976 Code as contained in this act to be printed in 33 replacement volumes or in cumulative supplements as they 34 consider practical and economical. 35 36 SECTION 2. Notwithstanding any permanent or temporary 37 provision of law, any enactment, or portion thereof, of the General 38 Assembly in 2005 in conflict with any provision of this act shall be 39 suspended as to its force and effect until March 1, 2006. Where 40 there is no conflict the provisions of any other enactments shall 41 supersede the provisions of this act. For the purposes of this 42 section, ‘conflict’ shall not include:
1 [80] 253 1 (1) where provisions of the Code of Laws of 1976, as 2 amended, are repeated herein so as to incorporate only changes in 3 the names of agencies, divisions or departments, except so far as 4 such change in name conflicts with another enactment or a portion 5 of another enactment, or 6 (2) where provisions of the Code of Laws of 1976, as 7 amended, are repeated herein so as to incorporate only changes in 8 the governance or structure of an agency, division or department 9 except so far as such governance or structure is in conflict with 10 another enactment or some portion of another enactment. 11 12 SECTION 3. (A) The repeal or amendment by this act of any 13 law, whether temporary or permanent or civil or criminal, does not 14 affect pending actions, rights, duties, or liabilities founded thereon, 15 or alter, discharge, release or extinguish any penalty, forfeiture, or 16 liability incurred under the repealed or amended law, unless the 17 repealed or amended provision shall so expressly provide. After 18 the effective date of this act, all laws repealed or amended by this 19 act must be taken and treated as remaining in full force and effect 20 for the purpose of sustaining any pending or vested right, civil 21 action, special proceeding, criminal prosecution, or appeal existing 22 as of the effective date of this act, and for the enforcement of 23 rights, duties, penalties, forfeitures, and liabilities as they stood 24 under the repealed or amended laws. Any department to which are 25 transferred the powers, duties, and functions of any agency relating 26 to the pending proceeding shall be substituted as a party in interest. 27 (B) Any statute enacted and any rule or regulation made in 28 respect to any agency or function transferred to, or consolidated, 29 coordinated or combined with any other agency or function under 30 the provisions of this act before the effective date of such transfer, 31 consolidation, coordination or combination shall, except to the 32 extent repealed, modified, superseded or made inapplicable by or 33 under the authority of law, have the same effect as if such transfer, 34 consolidation, coordination or combination had not been made. 35 But when any such statute, rule or regulation has vested functions 36 in the agency from which the transfer is made under the act, such 37 functions shall, insofar as they are to be exercised after the 38 transfer, be considered as vested in the agency to which the 39 transfer is made under the act. 40 (C) No suit, action or other proceeding lawfully commenced by 41 or against any agency or officer of the State in its or his official 42 capacity or in relation to the discharge of its or his official duties 43 shall abate by reason of the taking effect of this act but the court
1 [80] 254 1 may, on motion or supplemental complaint filed at any time within 2 twelve months after this act takes effect, showing a necessity for a 3 survival of such suit, action or other proceeding to obtain an 4 adjudication of the questions involved, allow the same to be 5 maintained by or against the successor of the agency or officer 6 under the act or, if there be no such successor, against such agency 7 or officer as the Governor shall designate. 8 9 SECTION 4. If any section, subsection, paragraph, 10 subparagraph, sentence, clause, phrase, or word of this act is for 11 any reason held to be unconstitutional or invalid, such holding 12 shall not affect the constitutionality or validity of the remaining 13 portions of this act, the General Assembly hereby declaring that it 14 would have passed this act, and each and every section, subsection, 15 paragraph, subparagraph, sentence, clause, phrase, and word 16 thereof, irrespective of the fact that any one or more other sections, 17 subsections, paragraphs, subparagraphs, sentences, clauses, 18 phrases, or words hereof may be declared to be unconstitutional, 19 invalid, or otherwise ineffective. 20 21 SECTION 5. The Code Commissioner is directed to change or 22 correct all references in Title 12 which is in no way related to, 23 amended by, or otherwise addressed by this act, in order to 24 conform references in Title 12 to the name changes of agencies 25 and departments made throughout this act. 26 27 SECTION 6. This part takes effect upon approval by the 28 Governor. 29 30 PART X 31 32 Time Effective 33 34 SECTION 1. Except as otherwise provided, this act takes effect 35 January 1, 2006. 36 ----XX---- 37
1 [80] 255